New Jersey Laws Protect Pedestrians, Joggers, & Cyclists

Pedestrian accident victims represented by dedicated personal injury lawyers in Trenton, Lawrence, Hamilton, Princeton, East Brunswick and across Mercer and Middlesex Counties

What are my options if injured in a pedestrian accident in NJ?New Jersey ranks 13th in the nation in pedestrian fatalities per 100,000 people, based on the 2017 National Highway Traffic Safety Administration (NHTSA) data, and these numbers continue to rise. On average, one pedestrian is killed every two days in New Jersey and 12 are injured daily. Since May of 2019, more than 54 pedestrians have been killed in accidents with motor vehicles. According to recent NHTSA data, New Jersey pedestrians made up 29% of the state’s 624 fatalities in 2017, almost twice the national average of 16%.

A personal injury can dramatically change your livelihood and well-being, leaving you saddled with numerous medical bills, lost wages, rehabilitative therapy costs, and significant pain and suffering. If your pedestrian or bicycle accident was caused by reckless driving, distracted driving or the careless actions of another, you have the right to seek compensation for your losses.

Is a Lawyer Necessary after a Pedestrian Accident?

Yes. Our car accident attorneys consult with accident reconstructionists and other experts to investigate the crash. We use evidence such as police and medical reports, witness statements, expert testimony, photos, video footage, and other documents.

In some cases, there may be multiple causes and parties at fault. For example, a defective roadway or vehicle malfunction may have made the driver lose control of his or her vehicle. If that was the case, the government agency in charge of maintaining the road, or the vehicle parts manufacturer, might also be partially responsible.

New Jersey Laws Protect Pedestrians, Joggers, & Cyclists

New Jersey Laws Protect Pedestrians, Joggers, & CyclistsUnder NJ Rev Statute 39:4-36 and Title 75, Chapter 35 of the Pennsylvania Consolidated Statutes, pedestrians have the right of way in a crosswalk. However, pedestrians and joggers are prohibited from suddenly darting from the curb to the street or running in the path of a vehicle that is so close that the driver is unable to stop or yield. Pedestrians and joggers must yield to drivers if they are crossing the road outside a crosswalk and obey all pedestrian-related traffic signals.

Motorists are required to exercise due caution when driving near people on foot or on a bike, but all too often, negligence on the part of car and truck drivers leads to serious pedestrian or bicycle accidents. If a driver strikes you at a crosswalk, they are more likely to be found at fault for the accident.

However, those on foot who maybe have been jaywalking at the moment an accident occurred, may find it more difficult to prove their accident injury case.

Steps to Take if Involved in a Pedestrian Accident

Even at a low speed, an automobile accident can cause disabling injuries, including spine and traumatic brain injuries to a pedestrian, jogger or cyclist.

When a cyclist or pedestrian is injured by a motor vehicle, police and emergency medical personnel should be alerted immediately. Quite often a pedestrian may be confused or in shock and unaware of their injuries or their severity.

Each party should avoid engaging in discussions regarding fault or wrongdoing, as any admission of guilt can later be used against them.

If you are the driver of the motor vehicle:

  • check to see if either you or any of your passengers have sustained an injury
  • check to see if the pedestrian, jogger or cyclist has sustained injuries
  • remain at the scene of the crash or collision
  • call 9-1-1 for help

If possible, both parties should:

  • photograph any visible injuries and the scene, & make video and/or audio recordings
  • exchange names, phone numbers, and insurance information

File a police report to document the accident.

Both parties should also seek medical attention:

  • immediately if they are in a lot of pain
  • right away even if the pain is mild, to document injuries and any non-visible trauma (i.e., spinal and traumatic brain injury)

Not only will you be able to receive the medical attention you need for potentially traumatic injuries, but you will also get a diagnosis of any medical conditions brought about by your accident. This is vital to your personal injury claim, as it creates a direct link between your accident and injuries. The longer you wait to see a doctor, the weaker that connection becomes.

Do not sign any paperwork without speaking to your lawyer. This mostly refers to offers from insurance companies, who will often attempt to get claimants to sign paperwork accepting less than they are owed. In some situations, signing paperwork may even strip your rights for further legal action.

Contact personal injury lawyers who have handled numerous pedestrian and hit-and-run auto accident cases over the years with outstanding results. When you are ready to begin the personal injury claim process, having a seasoned legal team in your corner is essential.

If a Loved One Was Killed in a Pedestrian Accident

According to the Centers for Disease Control (CDC), pedestrians most at risk are adults over 65, children under 15, and both drivers and pedestrians who are alcohol-impaired. If your loved one was hit and killed by a vehicle, you may have a pedestrian wrongful death claim against that vehicle’s driver. We know how difficult these cases are, and we do our best to provide compassionate and thorough legal representation for the family of the victim. When someone is killed, he or she leaves behind a huge emotional and financial gap, and our job is to get fair compensation from the responsible parties to allow the family to heal and to provide for their future.

Consult our Injury Lawyers in our Trenton or East Brunswick offices for answers today

At Kamensky Cohen & Riechelson, our dependable and compassionate lawyers have more than 40 years of experience handling traffic cases, auto accidents and handling personal injury claims for clients across New Jersey and Pennsylvania. We understand the nuances of each state’s traffic laws and are well-informed about changes in the laws.

Our resourceful attorneys will personally guide you through the legal process, keeping you informed every step of the way so that you know exactly what is happening with your case. Our goal is to help you obtain maximum compensation for your losses. However, it’s important for you to know that there is a statute of limitations on your right to sue after suffering a personal injury. You must file your claim within two years of the date your injury occurred or you will lose the right to sue.

Contact us online or by telephone at (609) 528-2596 from New Jersey or (215) 337-4915 to arrange a consultation with an experienced Pennsylvania and New Jersey personal injury lawyer. As always, we take the majority of cases on contingency. This means, if we don’t win, you don’t pay.

Slip and Fall Claims Attorneys Helping Clients In Mercer and Middlesex County

Advising clients facing slip and fall-related injuries across New Jersey in Hamilton Township, Trenton, Ewing and across Mercer and Middlesex County

Slip and Fall Claims Attorneys Helping Clients in Mercer Middlesex CountyNew Jersey winters are a cold, wet, wild ride. During winter, you must be especially careful when walking so as not to slip and injure yourself, but such falls can happen at any time and in any place. Dangerous conditions are not limited to the icy outdoor conditions New Jersey is subject to during winter, such as on sidewalks and in car parks; in fact, snow, ice, and rain can make their way indoors and turn any surface into a danger zone. Downpours at all times of the year seep underneath the doors of many businesses, turning their front lobbies into a puddle spelling disaster.

Falls are responsible for more than eight million hospital visits to the emergency room, which accounts for more than one of every five visits, according to the National Floor Safety Institute.

New Jersey law holds that business owners are responsible for maintaining the grounds of their property, internally and externally. This includes ensuring that slippery conditions do not exist, no matter the weather outside. If someone slips and falls on a business’s property, it is likely that the victim may have rights to personal injury compensation or other damages. This type of ‘slip and fall claim’ requires the expertise of a personal injury lawyer. Representation by a personal injury law firm ensures that the victim will receive the full and rightful compensation for injuries sustained as a result of the negligence or dangerous conditions of the business’s grounds, and of its management.

What is a slip and fall claim?

A slip and fall claim is filed to seek recovery for injury or damages occurring due to unsafe conditions on a business’s property. Many slips, trips, and falls that happen on business property are due to fraying carpet and slippery linoleum flooring. Injuries occurring as a result of a slip and fall can be serious, including injury to the head, neck, back, spinal cord, and hips, and traumas or fractures of many kinds. Such a fall could even cause trauma to the brain. The Bureau of Labor Statistics reported that in New Jersey in 2016, falls, slips or trips resulted in the deaths of 26 people.

Most Common Injuries Associated With Slip and Falls

Of slips and falls, the National Floor Safety Institute reports that fractures are the most prevalent serious result of slips and falls that occur in one’s workplace, injuring 5 percent of those injured in a fall. And among people over the age of 65, 87 percent of all fractures happen as a result of falls, which are also the second leading cause of spinal cord and brain injuries among the elderly.

Delayed Symptoms and the Importance to File a Claim After a Trip and Fall Accident

Even if at first appearing mild, these types of injuries can keep someone from being able to work for extended periods of time as symptoms begin to show themselves after the initial stress functioning has subsided. As such, it is important to file a slip and fall personal injury claim if you feel you may have been injured due to slippery conditions. A victim is responsible for filing a claim within two years of the accident to be able to seek damages. In the meantime, it is important to keep documented reports and receipts of medical expenses incurred as a result of the injury, as well as a detailed case file.

When will a property owner be held legally responsible for the accident?

A property owner will be held legally responsible if any of the following conditions are present when an accident occurs:

  • it can be proven that the property owner knew about the dangerous condition and did not remedy the situation;
  • the property owner or an employee personally caused the danger; or
  • the property owner and employees did not notice the dangerous condition, though it was an obvious and apparent danger.

If the property owner is found to meet any of the above conditions, they will be legally responsible for covering all injuries and damages claimed as a result of an accident on their property.

Contact Our Mercer County Slip and Fall Lawyers Today

At The Law Office of Kamensky, Cohen & Riechelson, our experienced attorneys are well poised to help victims of slips and falls across Hamilton Township, Trenton, Ewing and across Mercer County, and ensure that you recover your fair share of damages for any injuries sustained in the accident.

We pride ourselves on our integrated approach to protecting the legal rights of victims no matter the extent of their injury. To contact a member of our highly skilled personal injury law team and schedule a personal consultation, please call (609) 528-2596 or fill out our online contact form.

Mercer County Attorneys Discuss Child Playground Injuries

Personal Injury Attorneys serving Children and Their Families if Injured on Playgrounds with offices in Trenton and Bensalem

Do You Have an Amazing Backyard Jungle Gym? Is it Safe?

For many of us, childhood memories of backyard games and activities with our friends and family put a smile on our faces. Having fun was the most important aspect of these backyard play sessions with safety coming in a distant second or third. However, times have changed. When it comes to choosing backyard play equipment, the fun factor is still important, but safety must be paramount. According to the U.S. Consumer Product Safety Commission, more than 200,000 American children end up in emergency rooms due to playground injuries every year.

Is perfectly understandable that playground accidents may occur despite safety conditions. Growing hurts, as we have all heard before, and is part of our learning process. However, if those injuries are due to inadequate conditions, equipment malfunctioning or any other type of negligent behavior, it´s recommendable to take actions against the ones responsible, not only thinking of your own child but the people´s around you as well. At Kamensky, Cohen, and Riechelson we´ll fight for your rights. Contact us via our online intake form or give us a call today (609) 528-2596 to learn more about your rights and legal options.

Safety Steps You Should not Ignore

Follow These Simple Tips To Keep Your Backyard as Safe Space for Your Children and their Friends:

  • Installing a shock-absorbing surface will help minimize injury when kids trip or fall. It is recommended that for play structures up to seven feet high, to use at least nine inches of wood chips, mulch or shredded rubber. For play structures up to five feet high, the use of sand or pea gravel at least nine inches deep is advised.

It is important to remember that the shock-absorbing surface should extend at least six feet out from the play equipment in all directions and even further for swings.

  • Checking the equipment for protruding hardware, such open “Shooks” or the ends of bolts, and looking for sharp points or edges on the equipment can help prevent lacerations from such protrusions, as well as prevent clothing from getting caught and resulting in other injuries.
  • Making sure platforms and ramps have guardrails can prevent falls. Furthermore, it is critical to be sure that the rails are not too slippery for a child to hold onto.
  • Eliminating spaces where small children could get caught or trapped is also very important. Be sure that the openings between guardrails and platforms as well as ladder rungs measure less than four inches or more than nine inches.
  • Finally, be sure that the play structure is securely bolted and anchored in the ground. In addition, removing any protruding concrete footings will reduce the hazard of tripping as well as sharp edges that can cause damage if fallen on. Furthermore, it is prudent to remove any tree stumps or large rocks within the play area.

Common Locations of Playground Injuries in NJ and PA

Playground injuries often occur at public schools, private schools, daycares, city parks, as well as private homes. Honestly, most of these injuries are often caused by unsafe behavior by children. However, if the injury was caused by unsafe equipment or negligent supervision you may be entitled to financial compensation that can help with medical bills and your child’s recovery.

Premises Liability and Playground Injuries

Under New Jersey law, schools and other operators of playgrounds have a responsibility to protect children from foreseeable dangers on the premises. If your child was injured due to the negligence of the operator of a playground you may be able to recover damages based on a premises liability. However, you will need to show that:

  • The defendant was in fact in charge of the property
  • The child had a right to be on the property
  • The proper amount of care was not exercised by the defendant
  • The child’s injury occurred in a foreseeable way
  • Carelessness on the part of the defendant was a major cause of the child’s injury

With these facts proven, the elements of a premises liability case would be met, and the school or owner/operator of the playground could be deemed negligent. A financial recovery could go a long way toward paying medical bills that may mount after your child is injured.

Contact Our Trenton and Bensalem Playground Accidents Lawyers Today

If your child or a child you know has been injured on the playground due to bad maintenance or negligence you should contact an experienced personal injury lawyer today. We can help you hold individuals, cities, or governmental agencies responsible for the caused injuries. Not only can a liability case result in the compensation you and your family deserve, but it may also force external factors to change to avoid other kids suffer from the same type of injuries.

Just contact us via our online form or call us today (609) 528-2596 to explore your rights and legal options. We will focus on your case and trust we´ll do our best for you. It is important to know you do not need to fight this alone.

Do I File a Workers’ Comp or a Personal Injury Claim in NJ and PA?

Workers Compensation vs Personal Injury Claims in Mercer County NJ and Bucks County PA

Workers´Compensation Attorneys Serving Clients in Hamilton, Lawrence, and East Windsor, across Mercer County and Central New Jersey

If you are not sure if you should file a personal injury or workers’ compensation claim, the first thing you should do is find qualified counsel to help guide you through the steps of either legal process. It is ideal to find a firm with legal professionals dedicated to both types of cases so that your rights are protected no matter the outcome.

At the time of the initial intake of each and every workers´ compensation case, we determine whether or not there is a viable third party claim. If we believe that there is a viable third party claim the matter is then reviewed by another attorney in our firm, in our personal injury department, to see whether or not that is a claim which can proceed in the civil venue. If there is a third party case that is pursued and successful, there would be a lean in the worker´s compensation case which would be repaid at the time the case is resolved, if it´s determined that there is a viable third party claim.

I, attorney Curt Cox, work very closely with the members of the personal injury department, lead by Phil Cohen and Kevin Riechelson, to make sure we maximize any or all recovery possible.

Workers Comp and Personal Injury Law Firm That Works Together for Their Clients

Experienced workers’ compensation and personal injury attorneys at Kamensky Cohen & Riechelson have the training, education, and legal experience required to properly file your claim, no matter what court or venue. With more than 40 years of experience representing injured workers in NJ and PA, our trained legal professionals will zealously represent you to be sure that you obtain all of the benefits to which you are entitled.

Call today at 609.528.2596 or contact us via our online form, and schedule a time to come into one of our offices conveniently located in Trenton, NJ, Bensalem, or Philadelphia, PA.

 

Slip and Fall Laws in New Jersey to Pennsylvania

Serving slip and fall injury clients in Trenton, Princeton, Hamilton, Bensalem, Philadelphia, and across Mercer County, Bucks County, and Philadelphia County

A common premises liability case in Pennsylvania and New Jersey is a slip, trip, and fall accident case. A slip and fall occurs when water, a slippery substance, debris or another type of foreign object causes your feet to slip from underneath you. A pedestrian may trip and injure themselves on a sidewalk, staircase, in a parking lot, or due a failure to clear the ice and snow off walkways.

If you or someone close to you has been a victim of a slip & fall injury, and the cause of the injury is related to the negligence of the property owner to maintain a safe environment, we can help and will fight for you to provide the counsel required to pursue the compensation you will need and you deserve for the road ahead. The experienced slip and fall lawyers at Kamensky Cohen & Riechelson can provide you with the knowledgeable advice and advocacy you need during a time where you may not know what to do our where to turn.  Contact us online or by telephone, at 609.528.2596, to arrange a consultation with one of our knowledgeable premises liability lawyers.

The viability of a case may vary from state to state. It is important to understand the difference in state law from New Jersey and Pennsylvania, specifically as it relates to ownership of the property and number of families or individuals that occupy the dwelling.

Bensalem PA Slip and Fall Laws

Pennsylvania Residential and Commercial Slip and Fall Laws

In Pennsylvania, the laws and regulations are similar as it relates to commercial properties or multi family dwellings. Although residential single family home owners do not have the same maintenance obligations as apartment building, condominium and commercial property owners and managers; unlike New Jersey they still can be held liable for an accident or injury that occurs on their property under certain circumstances.

Pennsylvania Ice and Snow Law

Pennsylvania and New Jersey are slightly different on slip and fall cases when it comes to, say ice and snow. Pennsylvania has a requirement called the Hills and Ridges Doctrine which means that the snow can´t be fresh snow. It has to have bumps or lumps, something like that to show that it existed for a period of time and someone went through it.

PA Commercial Property Business Invitee Rule

The law is slightly different when it comes to commercial establishments in Pennsylvania. They have what’s called the Business Invitee Rule, and in Pennsylvania Business Invitee is owed the highest duty under the law; so if you go to a shopping center or someplace that’s a business, they have an obligation to you to clear the sidewalks, to clear the parking lots and to make sure that there´s not ice and snow. New Jersey has similar requirements but not quite as strict as Pennsylvania.

Trenton NJ Slip and Fall Laws

New Jersey Single Family Property Slip and Fall Lawyers

New Jersey Law protects owners of single family dwellings from being held liable for a slip or trip and fall accident on their property. Due to the fact that a single family home is not a commercial property, in existence for the purpose of making a profit, the owners and their families are not held liable for keeping the property safe the same way that a landlord, business owner, or employee of a business in a commercial property have the obligation to keep the area safe for individuals that may be walking through and/or doing business there.

According to New Jersey law, if you have an accident on a single-family property, the property owner cannot be held liable for your accident. Why not? Because unlike a commercial property, where the owner and staff can be held responsible, a single-family property owner does not have a duty to keep the area safe for visitors. The commercial property’s purpose is to create a profit and because of this, it is the responsibility of that property owner as well as the employees to make sure the area is safe for its customers. A single-family property owner does not have the same responsibility and therefore, is not responsible for your accident.

New Jersey Multi Family Dwelling Slip and Fall Laws

However, it’s a different story when it comes to a slip and fall accident in an apartment building, condo complex, or any other type of multi-family dwelling in New Jersey. Yes, the residents are not responsible for any accidents on the property. Yet, the same cannot be said for the owner of the multi-family property. Since the owner is getting a profit from those living in the building or complex, the owner and any managers of the property are responsible for keeping the area safe. So if you have a slip and fall accident while visiting a friend at his/her apartment complex, you can sue the property owner for liability.

Preventing Slips, Trips, and Falls in Philadelphia PA

A slip, trip or fall at work can lead to injuries – and even death. In 2014, injuries from slips, trips and falls resulted in 247,120 cases involving days away from work, and 818 worker deaths, according to the 2017 edition of “Injury Facts,” a National Safety Council chartbook,

Take a look at Safety and Health Magazine’s article, which provides some practical advice on thigns to do to prevent slip and falls from happening:

  • Either clean up a spill right away or put a wet floor sign up just as quickly.
  • Walkways and hallways should always be kept free of clutter, debris, snow, ice, etc.
  • Cables and cords should be taped to the ground.
  • Maintain working lights and replace light bulbs right away.
  • Replace word flooring and consider replacing with abrasive floor mats.
  • Keep filing cabinets and desk drawers shut when not in use.
  • Encourage workers to wear comfortable, properly fitted shoes.

Contact a Mercer County Personal Injury Lawyer to properly file your case

Do not hesitate to consult with an experienced personal injury attorney as soon as possible. You only have a two-year statute of limitations before you lose your right to sue for compensation for your medical bills, lost wages and pain and suffering.

Under the law, you might be entitled to reimbursement for medical costs you incur as a result of an injury due to a fall. You might also be entitled to compensation for pain, suffering, life changes and/or missed work, depending on the cause and circumstances of the fall. Our roster of personal injury lawyers includes experienced senior attorneys who have been litigating and/or negotiating personal injury claims in Trenton, Princeton, Hamilton, Bensalem, Philadelphia, and across Mercer County, Bucks County, and Philadelphia County for more than 40 years.

If you or someone close to you has suffered a slip & fall injury due to property owner negligence, at Kamensky, Cohen, and Riechelson we are able to help you pursue compensation for your losses. Contact us online or by telephone at 609.528.2596 to arrange a consultation with an experienced New Jersey premises liability attorney.