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motor vehicle accidents Archives

Parents need to set a good example with distracted driving

Teens often take a lot of the blame for the rise in distracted driving accidents, and there's a good reason for it. They are involved in a heavy amount of these accidents. They often lack the experience to know just how dangerous it is to text and drive or talk to passengers while behind the wheel.

DEALING WITH MOTOR VEHICLE ACCIDENTS INVOLVING TEENAGERS

According to the Centers for Disease Control, more than 2,300 teenagers were killed in motor vehicle accidents in 2015, a rate of almost seven every day. Though drivers between 19 and 19 account for only about one of every 16 motorists on the nation's roadways, they are involved in more than one of every 10 accidents.

THIRD PARTY LIABILITY IN A MOTOR VEHICLE ACCIDENT

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SEEKING DAMAGES FROM SOMEONE OTHER THAN THE AT-FAULT DRIVER

In the aftermath of a motor vehicle accident, it's important to identify all potentially responsible parties. Of course, you'll want to hold the other driver accountable for any negligence or carelessness that caused you to suffer losses. But there are often other third parties with potential liability.

WHAT IS INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS?

Emotional-Distress.jpg Under the law, you can seek damages for an injury that is intentionally caused, or one that results from carelessness or negligence. As a practical matter, nearly all personal injury claims are based on a legal theory of negligence. In addition, it's generally easier to recover for tangible losses, such as wages and income or medical expenses. The law does, however, allow you to pursue compensation for less tangible injury, such as emotional distress. One of the more prevalent claim involves an allegation of intentional infliction of emotional distress.

COMMON CAUSES OF TRUCK ACCIDENTS

When you are involved in a truck accident, the chances of serious injury or death are extremely high. Though state and federal officials have taken measures to minimize the risks associated with commercial truck accidents, nearly 4,000 people still die every year in truck crashes on the nation's roadways, with more than four of every five deaths someone other than the truck driver.

WRONGFUL DEATH CLAIMS--WHO CAN SUE

Under New Jersey law, when a person dies because of the carelessness of another person-in a motor vehicle accident, a slip and fall or a construction site accident, for example-there's a legal right to hold the wrongdoer accountable for financial losses suffered because of the death. But who has a right to bring a wrongful death action? Will the law allow anyone who had a relationship with the deceased file a lawsuit?

NEW MEDICARE FALSE CLAIMS ACT LITIGATION MAY HAVE IMPACT ON WORKERS' COMPENSATION BENEFITS

Under New Jersey law, if you have been injured in a motor vehicle accident, you have the choice of claiming your personal health insurance carrier as the primary source for reimbursement of medical bills. If, however, your insurance is through Medicaid or Medicare, you may not select this option. Under the Medicare False Claims Act (FCA), if you are aware that someone is claiming benefits from Medicare or Medicaid as a "first payer," you can file a whistleblower claim and have the right to recover a percentage of any amounts wrongfully paid by Medicaid/Medicare. 

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