Car Accidents
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Car Accidents
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If a person is injured when struck by a commercial vehicle, is he or she allowed to sue the driver’s employer as well as the driver?
Whenever a truck driver injures another person while acting in the scope of his or her employment, the victim may sue the truck driver’s employer as well as the truck driver because the former was acting on behalf of the latter, a liability that is known as vicarious liability. However, employers are not usually responsible…
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I was involved in a motor vehicle accident, and I do not think that it was entirely my fault. Will this affect the amount of damages I receive?
In a comparative negligence state such as New Jersey, the degree of fault attributed to each party is dependent on the extent to which each driver was responsible for the accident. If the court finds that you were 40% negligent, and the other party was 60% negligent, then the defendant would be liable for 60%…
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Do commercial vehicle drivers have to meet higher standards before they are licensed to drive?
Yes. While licensing standards vary from state to state, in every jurisdiction potential commercial vehicle drivers must pass testing that demonstrate their knowledge, experience, skills and physical abilities, all of which are held to a higher standard than what is required for a non-commercial license, according to the Federal Motor Carrier Safety Administration. In addition…
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How serious is the problem of distracted driving in the United States?
Whenever a motorist is preoccupied with an activity other than driving, he or she is considered a distracted driver. Every day, more than nine people are killed and more than 1,153 people are injured in traffic accidents involving a distracted driver in the United States, according to the Centers for Disease Control and Prevention. Distractions…
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What were the most dangerous holidays for driving in?
According to the National Safety Council, Independence Day, when drinking and driving was a major factor, took the dubious honor of being the biggest holiday period for fatalities and injuries. Memorial Day, with its onset-of-summer status, stood as the runner-up. Thanksgiving ranked in third place, followed by Labor Day in fourth place. The study sourced…
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What is the legal definition of driving under the influence of alcohol?
Legally, the influence of alcohol is determined by the so-called blood alcohol concentration, or BAC, of a motorist. The maximum legal BAC has changed over the years. All state governments have generally lowered the limit in recent years. In New Jersey, a motorist is considered to be driving under the influence of alcohol if he…
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What percentage of drivers are uninsured?
In the United States, every state — with the exception of New Hampshire — requires that drivers of motor vehicles carry insurance, typically liability insurance. However, despite the laws on the books in 49 states, 13.8 percent of all motorists are uninsured, according to the most recent statistics from the Insurance Research Council. On average,…
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What is uninsured and underinsured motorist coverage, and how can I protect my family?
Uninsured motorist coverage is a provision within a motorist’s insurance policy that comes into play whenever that motorist has been hit by another driver who does not have auto insurance. It is coupled with underinsured motorist coverage, which is relevant whenever a motorist is struck by another driver who does not have a maximum liability…
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What is the verbal threshold?
The verbal threshold stems from the New Jersey law establishing a no-fault insurance system, passed in 1988 and since amended, that restricts a motorist’s right to sue for injuries sustained in an accident in exchange for a lower insurance premium. When obtaining insurance, a motorist who selects the zero threshold option faces no limitation on…
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After a car accident, what type of medical care should I seek?
It is always best to consult a physician immediately after being involved in an accident. Even if you are not in any pain at the time, it is possible that you will feel pain at a later date. If you are unable to move on your own, or if you feel pain when you attempt…
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