Under New Jersey law, "[e]very citizen of this State shall have the right, during regular business hours and under supervision, to inspect and copy [accident reports] and shall also have the right in person to purchase copies of the reports..." N.J.S.A. 39:4-131.
To obtain a copy of your report...
As the names suggest, Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage is the portion of an insured’s own policy of insurance under which he may be compensated for injuries and losses he suffers at the hands of uninsured/underinsured drivers. Uninsured Motorist coverage is applicable in accidents involving hit-and-run (or phantom vehicle) accidents or accidents where the other driver’s insurance has lapsed or is non-existent. On the other hand...
Common Law: Three Types of Visitors
Traditionally at common law, there are three categories of relationships between a landowner and a visitor. Each one requires something different from the landowner. Whether a fall occurred within a store, on the grounds of a business, or at a friend or acquaintance’s home, the first step will be to determine whether the premises owner owed the injured individual a duty of care...
New Jersey law contains an extensive body of cases concerning who the responsible entity is when an injury occurs on a public sidewalk. Whether the fall occurred due to a negligently maintained sidewalk containing dangerous defects or the presence of snow/ice or other slippery substances, the analysis is essentially the same...
The New Jersey Supreme Court ruled in a 4-2 decision that the “mode of operation rule does not apply to the sale of grapes in closed clamshell containers.” Jeter v. Sam’s Club (A-2-21) (085880). The decision limits liability for injuries suffered due to a fall from a product spilled or dropped from self-service containers.
In the decision, the Court first defined the mode of operation rule as...
On January 20, 2022, the Appellate Division in the Estate of Dunmore v. Pleasantville Bd. of Educ., decided an issue of first impression: whether a parent’s tort claims notice for a Portee claim filed ninety-one days after a tragic shooting and eighty-six days after the child’s death was timely. Portee v. Jaffee, 84 N.J. 88 (1980) (referring to a claim for negligent infliction of emotional distress). Borrowing principles from N.J.S.A. 2A:14-2.1, the Appellate Division concluded that the claim was timely.
On November 15, 2019, the respondent, Angela Tennant, and her ten-year-old son, Micah Dunmore, were attending a high school football game at Pleasantville High School when an individual fired a gun into the stands...
If there’s one thing worse than being in a car accident, it’s finding out that an unforeseen issue may or may not prevent you from pursuing adequate compensation. You may be in pain, daily life activities such as housework, school, or work are now more challenging, and medical bills are piling up.
What happens if the other driver does not have any insurance or a minimal amount of insurance? What if you are an undocumented/illegal immigrant? What if your license is suspended or your insurance has lapsed? As every accident involves many factors, it’s hard to say how your specific situation will play out, but the following post aims to answer common situations generally.
Southern New Jersey experienced a tremendous amount of snowfall today, and we are again reminded that New Jerseyans are no stranger to winter conditions and the difficulty it presents in getting around, whether it be on foot or driving a vehicle. When winter conditions are a factor in a car crash, determining whether the crash was the fault of another party or just an accident can often be tricky. Likewise, where snow or ice is a factor in a slip and fall, it again can be challenging to determine whether the fall resulted from the pedestrian’s failure to observe conditions or the fault of another party for not properly clearing a walkway...
Whenever there is a motor vehicle accident, New Jersey law requires calling the police to report an accident. N.J.S.A. 39:4-130. This report will be used as the official description of the accident. While official, it may not be entirely correct or representative of what actually happened.
This occurs on countless occasions and for myriad reasons, whether you were shaken up and not thinking clearly, the officer misheard your statement or wrote down the wrong information, or the other party gave a false narrative of the happening of the collision. Whatever the reason is, it is crucial that you clear up any inconsistencies as soon as possible...
Motor vehicle accidents and resulting injuries are all too common in New Jersey. In fact, according to Zebra.com, the most dangerous highway in the United States is Interstate 95 (I-95), which runs right through New Jersey, and accounts for the highest number of overall fatalities (284) and fatalities per 100 miles (14.88).
Consequently, motorists are well-advised to drive carefully in New Jersey, especially when traveling on I-95. The following offers general information regarding the most common types of car accidents and the most common types of injuries that may result.