Commercial truck drivers are governed by the Federal Motor Carrier Safety Administration (FMCSA). This Administration enforces strict regulatory guidelines for a reason. The reason is to minimize the number of accidents involving commercial trucks, whether minor or catastrophic, that occur on the roads. With that being said, please follow along to find out how a trucking violation can lead to an unfortunate accident event and how a proficient Passaic County truck accident lawyer at the Law Offices of August R. Soltis can help if this has happened to you.

In what ways can a trucking violation cause an accident?

You may have most commonly heard about the FMCSA’s Hours of Service (HOS) regulations. This limits the amount of time commercial truck drivers can be behind the wheel. For example, they are restricted to 60 hours on duty in seven consecutive days, or 70 hours in eight days. This is because, when a truck driver is drowsy or fatigued, their judgment and attentiveness may fade away, increasing the likelihood of a collision. 

In addition, there are specific drug and alcohol guidelines applied to truck drivers. For instance, they may be accused of impaired driving if their blood-alcohol content (BAC) level is 0.04 percent or higher, while a standard motor vehicle driver must be 0.08 percent or higher. What’s more, they are prohibited from drinking alcohol within four hours of operating a commercial truck. It goes without saying that there is a direct link between drunk driving and auto accidents. 

Last but not least, truck drivers must comply with certain safety standards before hitting the road, so to speak. For one, they must inspect their commercial vehicle to ensure their cargo is properly secured and it does not weigh over 80,000 pounds. Otherwise, the chances of having a rollover accident are high. And due to its sheer mass, colliding with a standard motor vehicle may undoubtedly leave another driver(s) with catastrophic injuries and damages. 

How long do I have to file a truck accident claim?

Whether you have reason to believe that a commercial truck driver was asleep, intoxicated, or driving a poorly loaded vehicle, you may have valid grounds to file a truck accident claim. While you may prioritize your immediate medical concerns for your incurred injuries, you must not lose sight of the deadline to receive financial compensation for them. That is, in the state of New Jersey, you may be held to a two-year statute of limitations. 

It is worth mentioning that filing against a truck driver or trucking company may be more difficult than if you were dealing with another standard motor vehicle driver. Rest assured, at the Law Offices of August R. Soltis, we treat every case with kid gloves, and you will notice this upon your initial phone call. So please do not hesitate to allow a talented Passaic County auto accident lawyer to represent you in your upcoming case.

Your pain and suffering may be an intangible consequence of the real injuries you incur after your personal injury accident. With this, you may be unsure what monetary value to assign to it. This may be even more difficult for you to compute if your health issues are ongoing, with no clear approximation for when you may reach a full recovery, if at all. Rest assured, your attorney may swoop in and introduce you to a formula known as the multiplier method. Without further ado, please follow along to find out how to calculate the total cost of your pain and suffering using the multiplier method and how a proficient Passaic County personal injury attorney at the Law Offices of August R. Soltis can confirm whether this is a fair assessment of your non-economic damages.

How do I calculate pain and suffering using the multiplier method?

Firstly, the multiplier method will assign your pain and suffering a factor between 1.5 and five. This factor may be on the lower side if you only incurred minor injuries, and on the higher end if they are more severe with long-term effects. Then, this factor may be multiplied by the total cost of your economic damages, such as your medical bills, lost wages, and property damage. In short, the formula may be seen as: Total Pain and Suffering = Factor x Total Economic Damages.

How is my pain and suffering assigned a specific factor for the multiplier method?

The specific factor you are assigned can prove critical to the amount of financial compensation you receive in your personal injury claim. For example, say that your total economic damages are proven to be 25,000. With a factor of two, your payout may be $50,000. But with a five, this may spike to $125,000. 

This alone proves the necessity of being given an accurate factor. Oftentimes, insurance companies will use a lower factor in an attempt to lowball a settlement offer. You must not agree to anything before consulting with your attorney. We will inform you whether you have enough evidence to justify a greater factor, which can be presented to the New Jersey civil court. 

Below are considerations to be made for a higher factor at or close to five:

• Certain severe injuries, like traumatic injuries or spinal cord damage causing paralysis.
• Maximum medical improvement that still requires a lifelong medical treatment plan.
• Emotional distress that manifests into mental health issues like anxiety or depression.
• Psychological trauma that is diagnosed as post-traumatic stress disorder (PTSD). 

If you want to ensure you are taking your legal claim in the right direction, it helps to have the guidance of a talented Passaic County personal injury attorney. Call the Law Offices of August R. Soltis and retain our legal services today.

It is, sadly, common for victims of personal injury accidents to walk away with internal injuries. This may be in the form of internal bleeding, organ damage, broken ribs, or a traumatic brain injury. Obviously, these are all serious conditions that require a victim to seek immediate, extensive medical attention. Then, they also need to record these medical treatments, should they choose to hold a negligent party accountable for causing this. For this, please read on to discover the importance of medical documentation for an internal injury and how a seasoned Passaic County personal injury attorney at The Law Offices of August R. Soltis can help you get what you need for your pending injury claim. 

Why is medical attention necessary after a possible internal injury?

As the name suggests, internal injuries are not outwardly visible. At the same time, their commonly associated symptoms are known to take hours, days, or even weeks to arise. Given these factors, it is rather likely that you will be unaware of any incurred internal damages at the scene of your personal injury accident. 

So, the only way your internal injuries may be uncovered is through advanced medical technology, like ultrasound imaging, CT scans, and MRI scans. Plus, getting a professional and experienced opinion from a physician, who will undoubtedly conduct a comprehensive physical examination at the time of your initial visit. 

Therefore, without receiving this medical attention straight away, your internal injury may fester and create irreversible damage to your body. In a worst-case scenario, it may develop into a life-threatening condition. So it is in your best interest to seek professional medical help from the jump and avoid this unfortunate fate. 

Why is medical documentation important for an internal injury claim?

Again, internal injuries are not always identifiable to the naked eye, besides possibly some purple bruising around the affected area. This means that you may be unable to take photos of your incurred bodily injuries while you are still present at the scene of your personal injury accident, which is otherwise a strategic tactic that plaintiffs use to satisfy their burden of proof. 

This just underscores the importance of obtaining an immediate medical intervention and gathering its associated medical documentation. In this way, the defendant cannot attempt to claim that your internal injuries happened in another event. Or, argue that you exaggerated your bruising as internal damage. 

Not to mention, this medical documentation may shed light on how much your treatments have cost thus far, and the additional expenses you are anticipated to incur. This may help you cite a more accurate amount of financial compensation for your economic and non-economic damages alike. 

At The Law Offices of August R. Soltis, we treat every case with kid gloves, and you will notice this upon your initial phone call. So please do not hesitate to allow a competent Passaic County personal injury attorney to represent you in your upcoming case.

You may think of slipping and falling as no big deal. In fact, you may have clumsily tripped over yourself while walking, and picked yourself back up afterwards, more times than you can count. However, there may come a time when you are not let off as easily, and your slip may be serious enough that it constitutes an accident event. With that being said, please read on to discover who is likely to be the most vulnerable to serious injuries and how a seasoned Passaic County slip and fall lawyer at the Law Offices of August R. Soltis can help you heal from this physically, emotionally, and financially. 

How serious are slip and fall injuries compared to other accidents?

Slip and fall accidents may seem less dramatic than, say, auto accidents. However, the resulting injuries may be comparatively severe or even worse. This is because you must remember that a driver is at least protected by a seatbelt, airbag, and the build of their vehicle. But an individual walking through a supermarket, on a sidewalk, down a stairway, or in a parking lot is afforded little to no protection. 

Therefore, an individual’s body may directly strike a hard surface with significant force and without much warning. Depending on how they land, their head or back may absorb the impact, which may translate into life-altering, life-threatening, or life-ending injuries. Namely, a traumatic brain injury that can lead to permanent cognitive disabilities, or a spinal cord injury that can lead to permanent mobility issues or paralysis. 

Who is most vulnerable to being seriously injured in a slip and fall accident?

Anyone can be seriously harmed in a slip and fall accident, depending on the hazard they interacted with, the way their body was impacted, etc. However, it can be said that elderly individuals may be the most vulnerable to catastrophic injuries. For one, this may be due to their reduced bone density, making a fracture or broken bone more likely. Plus, the recovery time after a necessary surgery may be extensive, possibly without ever fully rehabilitating. 

Then, elderly individuals may have more balance issues and overall slower reflexes. Usually, when one begins to fall, they can regain control, or at least attempt to land in a less damaging way (i.e., grabbing onto a supportive item, sticking their arms out to brake the fall, etc). But without these skills, a wrist fracture may turn into a concussion, or superficial bruising may turn into internal bleeding, and so on and so forth. 

On the topic of elderly individuals slipping and falling, we must note that this is unfortunately a known accident within nursing home care facilities. If these circumstances apply to your loved one, this may be an indication that they are suffering from some form of abuse. You may be devastated that you did not pick up on the signs before they got seriously hurt, but you still have a chance to step in and serve as their advocate via a nursing home abuse claim. 

For further legal guidance, please look no further than a competent Passaic County personal injury lawyer. When you work with the Law Offices of August R. Soltis, you can trust that you are in good hands. Schedule a consultation with us today.

Commercial truck drivers are held to strict limits on how long they can drive without rest, and there is a reason for it. This is because drowsy or fatigued driving causes impaired judgment, and worse, heightens the risk of becoming unconscious behind the wheel. So while you may want to automatically blame a truck driver for choosing to drive while sleepy, you must consider whether their trucking company was behind their careless decision. With this, please continue reading to learn more about who should be held liable in the event of a truck driver’s fatigue, and how an experienced Passaic County truck accident lawyer at the Law Offices of August R. Soltis can help you direct your legal claim to the appropriate party.

What are the hours of service rules that truck drivers must comply with?

Of note, at the federal level, the Federal Motor Carrier Safety Administration (FMCSA) enforces Hours of Service (HOS) rules for almost all commercial truck drivers engaged in interstate commerce. Generally speaking, these set driving limits read as follows:

• Drivers can only drive up to 11 hours after 10 consecutive hours off duty. 
• Drivers cannot drive beyond the 14th consecutive hour after coming on duty. 
• Drivers must take 10 consecutive hours off duty after a 14-hour shift. 
• Drivers must take a 30-minute driving break after eight cumulative hours of driving. 
• Drivers cannot drive after 60 hours on duty in seven days or 70 hours in eight days.
• Drivers must take 34 consecutive hours off duty before a 60/70-hour duty reset.

Can an employer be held responsible for a truck driver fatigue accident?

If you plan to claim truck driver fatigue as the primary cause of your auto accident, you must collect sufficient evidence to point to this. Specifically, your lawyer may assist you in acquiring data from the commercial truck’s electronic logging device (ELD), which should have recorded the truck driver’s driving hours immediately before the time of your accident. This may be alongside the trucking company’s logbook, which the FMCSA legally requires them to have to track their employees’ duty statuses. 

Here, you may detect that the ELD shows different information than the logbook, which may indicate that the employer has falsified their recordings. Under these circumstances, you may have reason to believe that the employer committed the negligent act of imposing unrealistic delivery schedules, failing to monitor that their employees were taking the necessary breaks, or otherwise scheduling them for too much time on the road. If this is true, you may hold the employer vicariously or directly liable in your personal injury lawsuit.  

If you want to ensure you have a strong legal strategy with a reliable team in your corner, please look no further than the Law Offices of August R. Soltis. A skilled Passaic County auto accident lawyer from our law firm is ready to be of any service to you.

When deciphering whether it is worth it to pursue legal action over your personal injuries, two concerns may linger in your mind. One, if you already have health issues, you may worry that nobody is going to believe your cries of incurred injuries. And secondly, if you think the blame can be pinned on you in some way, you may be scared of opening opportunities for counterclaims and getting in legal trouble yourself. Well, we are here to relieve any anxieties you may have over your potential legal claim. And so, please continue reading to learn whether any external factors can ultimately reduce the amount of financial compensation you receive for your case, and how an experienced Passaic County personal injury attorney at the Law Offices of August R. Soltis can help ensure fairness still exists here. 

Can my pre-existing condition reduce my compensation for my personal injury case?

A common tactic a defendant might adopt to get out of financial liability in your personal injury case is claiming that your medical condition pre-dated the cited accident date. For example, you may have cited a back injury, but your acquired medical records may disclose that you have been dealing with back pain for longer (i.e., surgical procedures, physical therapy sessions, etc).

Well, you may feel relieved to learn that your pre-existing condition does not automatically bar you from pursuing a claim and subsequently collecting damages. All this means is that the burden is on you to prove to the New Jersey family court that the accident event has exacerbated your symptoms, causing you to incur more medical bills, extensive lost wages, etc.

Can comparative negligence law affect the value of my personal injury case?

Even if you are able to successfully argue for your pre-existing health conditions, there are other hurdles you may have to overcome in your personal injury claim. That is, the defendant may be insistent that you shared some of the responsibility in your accident event. The New Jersey civil court will look closely into this per the state’s comparative negligence law.

With this law, you may only collect financial payout if you were comparatively less negligent (i.e., less than 50 percent at fault) than the defendant. And with that, the percentage of your award may be reduced by your assigned percentage of fault. So if the court declares you are to be held 40 percent accountable, you may only receive 60 percent of what you initially asked for.

To maximize the value of your personal injury case, it is critical that you collect as much evidence against the defendant as possible. Whether it be tracking down a police report, acquiring surveillance camera footage, or obtaining eyewitnesses and expert witnesses, your hired attorney can make sure you have this all in your corner.

There is no shame in asking for help, especially when you are dealing with something as serious as a legal matter that could affect your physical, emotional, and financial well-being. So please retain legal assistance from a skilled Passaic County personal injury attorney from the Law Offices of August R. Soltis. We will happily lend a hand.

Naturally, after your car accident event, you may be frustrated with the property damages you incurred and in pain from the bodily injuries that developed. In response, you may want to blame the other involved driver entirely. But at the end of the day, it may be your word against theirs, which can only get you so far in successfully obtaining financial compensation for your damages. Therefore, there must be a neutral third party to rule on who should be held liable. With all that being said, please read on to discover who gets to assign fault in my accident and how a seasoned Passaic County car accident lawyer at the Law Offices of August R. Soltis can fight to ensure this blame is shifted away from you.

Who decides fault after my car accident in New Jersey?

You should have called law enforcement to respond to the scene of your accident. When an officer arrives, they will assess the scene and visible damages, get statements from you and other involved driver(s), and speak with eyewitnesses to craft an official accident report. Importantly, this report does not automatically determine who is legally at fault for the accident, but it may heavily influence your auto insurance company.

With that said, when you file an auto insurance claim, an adjuster may assign fault based on the police report and other submitted evidence to determine your payout. It is rather likely that you will disagree with an adjuster’s decision, as they are notorious for minimizing or denying claims as often as possible. If so, you may turn this into a litigation issue.

That is, you may sue the party you believe to be truly at fault for your accident for damages in a personal injury claim. At this time, the New Jersey civil court will hear both sides of the story and review all the presented proof to calculate the final breakdown of responsibility.

Can multiple parties be at fault for my car accident?

Notably, the New Jersey civil court has the authority to rule multiple parties at fault for a single car accident event. This may be in reference to the state’s comparative negligence system. Here, a plaintiff and defendant can share fault, but a plaintiff must be found less than 50 percent to blame to be awarded financial compensation for their claimed damages.

Given this, your percentage of assigned fault may directly influence the ratio of damages you can ultimately recover. For example, if you are 25 percent at fault, you may receive compensation for 75 percent worth of your damages. However, if it is reversed and you are 75 percent liable, you may get 0 percent of what you are seeking.

You probably have more questions regarding this topic, and we would be happy to answer them for you. So please schedule an initial consultation with a competent Passaic County car accident lawyer from the Law Offices of August R. Soltis. We look forward to our conversation with you.

You may place your loved one in a nursing home because you strongly believe that they will be in better hands if they are under the around-the-clock care from professionals and medical staff. And so, you may be absolutely horrified to learn that reports of abuse in these types of facilities are more common than you would assume. To protect your loved one from this unfortunate fate, you must keep your eye out for the smallest signs that something is amiss. With all that being said, please read on to discover how your loved one may get tragically abused in their nursing home care facility and how a seasoned Passaic County medical malpractice lawyer at the Law Offices of August R. Soltis can help you respond effectively via a legal course of action.

What are the different types of abuse that may occur in a nursing home?

Generally speaking, nursing home abuse falls into four main categories: physical, emotional, sexual, and financial abuse. Firstly, physical abuse typically involves intentional force or violence that may cause injury, pain, or impairment. For example, you may notice bruises shaped like fingerprints or hand marks on your loved one’s body. This may indicate that they are being handled roughly by staff members when getting out of bed, being transferred to the restroom, etc.

Secondly, emotional abuse may occur when staff members humiliate, threaten, or isolate your loved one. For instance, they may intentionally skip over your loved one when taking residents to common social activities. Such loneliness may negatively affect your loved one’s mood and mental state.

Thirdly, sexual abuse is sadly common in nursing homes, as residents typically have cognitive impairments that restrict them from giving consent to sexual contact. You may notice that your loved one has been made a victim of this if they have bruises around their wrists and ankles that indicate unwanted restraint, torn clothing/undergarments, etc.

Lastly, financial exploitation means a staff member stole, manipulated, or improperly used your loved one’s money, property, identity, or benefits. That is, they may take personal items from their room, using their debit cards for unauthorized purchases and ATM withdrawals, coerce them into signing checks or estate planning documents without a full understanding, etc.

What should I do if I believe my loved one is being abused in their facility?

Of course, your loved one’s safety is your top priority. So, if you have a bad feeling they are being abused in their current nursing home, you should initiate a transfer to a new facility. If this is a more urgent matter, you should get law enforcement involved. They will help you record the date and time of the incident, the names of the staff members who were allegedly involved, and witness testimonies. They may also direct you to other proper authorities to whom you can report this.

All of these procedures will prove pivotal in your eventual civil lawsuit against the negligent and abusive nursing home care facility. The time to act is now. Please prioritize scheduling an initial consultation with a competent Passaic County personal injury attorney from the Law Offices of August R. Soltis. We would be honored to represent you in your legal case.

After your car crash, slip and fall, workplace accident, or other incident you were made a victim of, you may incur a brain injury. When you seek intervention from a medical professional, you must listen carefully to the language they use when diagnosing your condition. That is, they may either declare that you have a concussion, a traumatic brain injury (TBI), or mild brain injury. It is important to know the right one, not only to get the proper medical care going forward, but also to cite the correct injury and associated damages in your upcoming personal injury claim. With all that being said, please continue reading to learn the difference between a concussion, TBI, and mild brain injury, and how an experienced Passaic County spinal injury lawyer at the Law Offices of August R. Soltis can help you effectively prove this in your legal claim.

Is a concussion the same thing as a traumatic brain injury?

Simply put, traumatic brain injury is a broader medical category, and a concussion is often considered a mild form of it. Specifically, a concussion is caused by a blow or jolt to the head or body, typical in personal injury accidents, that makes the brain move inside the skull. With this, an insurance company or defendant may attempt to argue that since it is “mild,” it only requires minimal financial compensation. And so, you must fight back with evidence that this injury has still caused you extensive damages, such as expensive medical bills, a significant time away from work, and even long-term physical pain and emotional suffering.

What does a mild brain injury mean in a legal claim?

Well, a “concussion” and “mild brain injury” may arguably be interchangeable terms. But to reiterate, for the sake of your insurance or personal injury claim, you must emphasize that the use of the term “mild” does not mean you have suffered any less. That is, the medical professional who initially treated you may have used the term “mild” to describe early clinical markers. For example, they may have determined that you did not experience a loss of consciousness, exhibit any visible external injuries, or otherwise disclose limited initial symptoms. However, this is not to say that you have not suffered from debilitating symptoms or other long-term impairments since this first examination.

Namely, you may experience persistent post-concussion symptoms like headaches, insomnia, memory loss, difficulty concentrating, and anxiety or depression. Naturally, this may affect your ability to maintain substantial gainful employment activity, and you may accrue further lost wages or overall experience a diminished earning capacity. All the while, it may seem more impossible to keep up with the bills for your necessary follow-up care appointments, prescription medications, therapy sessions, and more. All of this to say, even after being diagnosed with a mild concussion after your personal injury accident, you still have a solid fight to put up against the negligent party.

If you are ready to step foot into this legal path, do not do so until you have retained a skilled Passaic County personal injury attorney from the Law Offices of August R. Soltis. We look forward to your phone call and to taking on your case.

Whenever you drive past an accident event that has since pulled over to the side of the highway, you may notice that there is almost always more than two vehicles involved. Well, when the time comes that you are, unfortunately, made the victim of such a crash, you may wonder why a pileup happened, and how it possibly could have happened so fast. Then, you may grow concerned over your legal options when multiple drivers might share the responsibility of it all. For this, please follow along to find out why multiple drivers might be involved in your highway accident and how a proficient Passaic County car accident lawyer at the Law Offices of August R. Soltis can help you hold the appropriate parties accountable for your damages.

Why are multi-vehicle pileups more likely to occur on the highway?

Simply put, high speeds and dense traffic flow that typically exist on a highway create a perfect storm for a multi-vehicle pileup. Firstly, when a driver drives faster, even when it is below the enforced speed limit, they may have limited reaction time. For example, a vehicle may suddenly stop in front of a driver, or they may unexpectedly identify a piece of debris in the lane ahead of them. With this, a driver may be unable to slow down gradually but instead be forced to slam on the brakes. In turn, the drivers behind them may have to brake abruptly, which ultimately causes a chain reaction of vehicle pileups behind them.

Secondly, multi-vehicle pileups are more likely when there is heavy traffic congestion on the road to begin with. This is because a driver may be unable to safely manuever around a stopped vehicle or piece of debris in front of them if, for instance, there are jammed-up vehicles in both their neighboring lanes. Speaking of congestion, highway conditions like barriers, guardrails, narrow shoulders, and construction zones may inhibit a driver’s capability to swerve. Forced to stay in their lane, vehicles may rapidly collide with the rear of one another.

Can I sue multiple parties for damages after my highway accident?

In the event of a multi-vehicle pileup on the highway, you may assume that the front driver was wholly responsible for the accident. Well, in reality, it is possible that they are not liable at all, or that they share the blame with multiple other parties. That is, say the front driver carefully slowed down and signaled to change lanes when encountering an unsafe road condition ahead of them (i.e., pothole, weather-related obstruction, etc). But then, the second driver was recklessly speeding or negligently tailgating, and prompted the series of collisions.

Well, in this case, a government agency and the second driver may be two parties that can be sued in your future personal injury claim. As you can likely assume, placing your claim against multiple parties may be far more legally complex than suing a single individual. Rest assured, your lawyer may assist you and ensure that these defendants do not try to shift blame between one another, and overall, that you receive the maximum amount of financial compensation from all appropriate parties.

With all that being said, please do not hesitate to work together with a talented Passaic County auto accident lawyer. The team at the Law Offices of August R. Soltis will have your best interests at heart always and will fight for justice to reign in your favor.

You may be navigating your car safely when, seemingly out of nowhere, the front of another vehicle collides with the side of yours. You may assume that the blame should be placed entirely on this other driver, as you believe you did nothing out of the ordinary with your driving standards. However, you must deeply reflect on the events that led up to this crash, through personal memories, traffic camera footage, accident reconstruction analyses, etc., before you go forth with this serious accusation. With that being said, please continue reading to learn which party is usually at fault for a T-bone accident and how an experienced Passaic County car accident lawyer at the Law Offices of August R. Soltis can help you identify the right direction to take your personal injury claim.

Is the driver who hits the side of the other vehicle always at fault?

Contrary to what you may presume, the driver who struck the side of your vehicle is not automatically at fault for your accident event. Rather, to determine this, an insurance company and civil court may analyze “right-of-way” rules, especially if your collision occurred in the middle of an intersection. Here, it may be found that you entered the intersection illegally by ignoring a stop sign, running a red light, or otherwise failing to yield before a posted yield sign. Your reckless actions may have come as a surprise to the other driver, explaining why they collided at your side.

In another example, your T-bone accident may have happened after you reversed out of your driveway or parking spot. If this action was sudden, or otherwise was a misjudgment of a traffic gap, it may be argued that the other driver had no reasonable time to brake or avoid impact. Lastly, your vehicle may have incurred a side impact if you conducted an illegal traffic maneuver. That is, if you attempted a prohibited U-turn across a center lane that divides opposing traffic directions. Another driver cannot be expected to anticipate this random change in direction.

Can there be multiple parties at fault for a T-bone accident?

After hearing both sides of the story, the New Jersey civil court handling your personal injury claim may conclude that you and the other driver shared fault in your T-bone accident. For example, this may be the ruling if it is discovered that you violated a traffic regulation first, but then the other driver was driving distractedly or while under the influence of drugs or alcohol. Even if you are assigned partial blame, though, you may still be eligible to receive a portion of your claimed damages.

This is thanks to New Jersey’s modified comparative negligence rule. Here, as a plaintiff of a personal injury claim, you may receive an award so long as your fault in the accident event is 50 percent or less. With that, though, your award may be reduced by your percentage of fault. Say the court believes your violation of a traffic regulation meant you were 30 percent to blame. Well then, you may collect 70 percent of the financial compensation you sought for your cited economic and non-economic damages.

So, if you wish to gain more clarity on the situation you are dealing with, the best way to get it is by consulting with a skilled Passaic County auto accident lawyer. Get in touch with our team at the Law Offices of August R. Soltis today.

Immediately upon colliding with another vehicle on the road, you may be completely rattled. But once you see the other driver hit the gas and speed away from you, you may be flooded with fear. That is, a scary future might flash before your eyes, where you are left with unpaid medical bills, property damages, and more, all because you could not get the insurance information from the responsible party. Well, if this is you, please continue reading to learn what happens if the other driver involved in your accident has fled the scene and how an experienced Passaic County car accident lawyer at the Law Offices of August R. Soltis can bring justice to this unfortunate set of circumstances.

How will the driver who fled the scene of a car accident be punished?

The other driver may not have even been entirely at fault for your car accident in the first place. But even if they are not held to a civil liability, they may face serious criminal charges if they are found to have fled the scene prematurely. That is, under New Jersey law, a driver is expected to provide their contact and insurance information to another involved driver before exiting. What’s more, they are legally obligated to seek aid if another involved driver has gotten injured or incurred significant property damage. Otherwise, their criminal punishments for a hit-and-run offense may read as follows:

• For a hit-and-run accident that resulted in property damage only:
  • A fine of anywhere between $200 and $400.
  • Jail time of up to 30 days.
  • A driver’s license suspension of six months.
• For a hit-and-run accident that resulted in serious injury:
  • A fine of anywhere between $2,500 and $5,000.
  • Prison time of anywhere between three and five years.
  • A driver’s license suspension of one year.
• For a hit-and-run accident that resulted in death:
  • A fine of up to $150,000.
  • Prison time of anywhere between five and 10 years.
  • A permanent driver’s license revocation.

How can I track down the driver who fled the scene of my accident?

In the heat of the moment, you may feel the personal need to chase down the driver who is attempting to flee the scene, and at the very least, get a look at their license plate number. However, we strongly advise against this. For one, this will technically mean that you are fleeing the scene and committing a hit-and-run offense, as well. Also, you cannot confirm the extent of your injuries and how they might hinder your ability to operate your vehicle. This is not to mention the possible severity of your vehicle’s damage, which may make it unsafe to navigate on the roads.

Rest assured, there are other means of tracking down the other driver. Local law enforcement may work on your behalf to obtain statements from eyewitnesses who might have spotted the make, model, color, and license plate number of the vehicle, along with a general description of the driver’s physical characteristics. In addition, they may acquire traffic camera footage from the surrounding area that captured these physical indicators and the general direction the driver was heading after the crash. Hopefully, they are identified before your statute of limitations runs out (i.e., two years).

If you wish to explore your legal options moving forward, please allow a skilled Passaic County auto accident lawyer from the Law Offices of August R. Soltis to be your guiding force. Please schedule your initial consultation with our firm at the first chance you get.

Using a rideshare service may seem convenient until it creates unnecessary burdens in your life. This is specifically if your ride ends in an accident, and you are left with serious injuries and damages as a consequence. In using a third-party service, where you merely played the role of a passenger, you may wonder how insurance works and who should cover your subsequent medical bills, lost income, and the like. Well, if you would like this question answered, please follow along to find out whether a rideshare company will agree to pay for the cost of your injuries, and how a proficient Passaic County Uber & Lyft accident lawyer at the Law Offices of August R. Soltis can fight to ensure you are not left to deal with this heavy financial toll alone.

When does a rideshare company’s insurance cover my injuries?

Rideshare companies like Uber and Lyft notoriously deny liability for auto accidents involving their drivers. This is because they categorize their drivers as independent contractors rather than employees. However, these companies must, at some capacity, provide insurance coverage for your claimed injuries under certain conditions. The coverage system generally reads as follows:

• Driver offline (i.e., app closed): the rideshare company will not provide insurance coverage; only the at-fault driver’s personal auto insurance plan will apply.
• Driver online (i.e., waiting for a ride request): the rideshare company will provide liability coverage at $50,000 per person injured in the accident, $100,000 total injury liability per accident, and $25,000 property damage liability.
• Driver accepts ride (i.e., en route to pick up): the rideshare company will provide liability coverage of up to $1 million.
• The driver has the passenger in the vehicle: the rideshare company will provide liability coverage of up to $1 million to the passenger and limited coverage for damages to the driver’s vehicle.

How do I start an insurance claim against a rideshare company?

No matter what type of auto accident you are involved in, whether you were a driver, passenger, or pedestrian, the first step you should always take is to seek immediate medical attention. Not only is this important for your personal health, but this initial medical documentation may become critical evidence for your insurance claim later on.

Also, immediately after your accident, you should call law enforcement to the scene. When you speak with them, make sure you inform them that you were in a rideshare vehicle. This is because the rideshare company will need this documented to even consider processing your insurance claim.

Next, you should report the crash inside the ridesharing app sooner rather than later. This is the only way the company will see your coverage request and subsequently prompt the internal claims process. But we strongly urge you not to speak with any insurer, especially a rideshare company’s representative insurance adjuster, without your lawyer present.

Of note, your lawyer may work on your behalf to subpoena the rideshare app’s data to confirm whether you were actively present in the vehicle at the time of the accident. This is so you may have the best chance at getting the maximum amount of liability coverage to which you are entitled.

We suggest you employ the services of a talented Passaic County auto accident lawyer from the Law Offices of August R. Soltis if you want the best possible chances at a positive legal outcome. We look forward to serving you.

You may have noticed that the prescription drug commercials you see on television are rather lengthy when going over the possible associated side effects. The Food and Drug Administration (FDA) legally mandates that major side effects and contraindications be disclosed, so that potential patients can weigh the drug’s benefits and risks and not rely on misleading information. Similarly, your healthcare provider has a duty of care in reviewing the most commonly reported side effects before prescribing you a certain drug. Well, continue reading to learn what happens if your side effects are medically unexpected, and how an experienced Passaic County medical malpractice lawyer at the Law Offices of August R. Soltis can help you determine whether you have a fair chance at a legal case.

What are the possible dangerous or unexpected side effects of taking a prescription drug?

Even though the FDA approves the sale of a prescription or over-the-counter drug throughout the United States, there may be known side effects. While they are mostly minor (i.e., nausea, dry mouth, headache, etc.), sometimes they can be life-threatening. What’s worse is that you may never be able to guarantee how your body is going to interact with a certain drug. Or, there may be an inherent defect or unidentified risk yet to be associated with the drug. Without further ado, you may unfortunately experience any of the following dangerous or unexpected side effects:

• Harm or serious damage to your liver, kidneys, or heart.
• Experiencing seizures, memory loss, or suicidal thoughts.
• Anaphylaxis shock, toxic epidermal necrolysis, or widespread inflammation.

Under what circumstances can I sue for a prescription drug causing unexpected side effects?

You must understand that not all experiences of side effects qualify for medical malpractice claims. That is, yours must constitute “unexpected.” This means that you may sue your treating healthcare provider in any of the following circumstances:

• Your provider failed to warn you about the potential side effects of taking a certain drug before prescribing it to you.
• Your provider prescribed the wrong drug, which was not indicated for the illness or injury you were suffering from.
• Your provider prescribed the wrong dosage of the drug, which exacerbated your experience with serious side effects.
• Your provider failed to acknowledge how your disclosed allergies may make a certain prescription drug dangerous to take.
• Your provider failed to consider your current medications and how they may poorly interact with a newly introduced drug.
• Your provider failed to acknowledge a recall notice enforced for a certain drug and prescribed it to you anyway.

Under other circumstances, your adverse reaction may not have stemmed from how a certain drug was prescribed to you, but rather the drug itself. That is, there may have been faulty labeling on the drug’s packaging. Or, there may have been other flaws in the design and manufacturing of the drug. Lastly, a drug company may have failed to address the considerable reports on side effects experienced by patients thus far. This may turn your legal case into a product liability claim against a negligent drug company.

For further legal assistance, please hire a skilled Passaic County medical malpractice lawyer from the Law Offices of August R. Soltis. Schedule your initial consultation with us today, and see just how much we can do for you.

Of course, as you may know, driving under the influence (DUI) of drugs or alcohol is a serious criminal offense in the state of New Jersey. And thus, the criminal court deals with anyone accused of committing such an act directly. However, you may have also been made the wrongful victim of this negligent act, incurring injuries and damages in a drunk driving accident. While you may want to seek recovery for this, you may be worried that the defendant is occupied with their ongoing criminal trial proceedings. Well, please follow along to find out whether you must wait for a final judgment before filing your civil claim, and how a proficient Passaic County car accident lawyer at the Law Offices of August R. Soltis can help you handle your legal procedures appropriately.

Do I have to wait for a criminal trial judgment before I file my drunk driving accident claim?

In reality, you may file a drunk driving accident claim with the New Jersey civil court while the defendant’s criminal case is still pending. This is because not only are they handled by separate court systems, but they are set to accomplish different goals. That is, the state files a criminal case to punish the offender for breaking DUI laws through jail time, a driver’s license suspension, and fines. This is while victims like yourself may file a civil case to recover compensation for your economic and non-economic damages, like lost wages, medical bills, and pain and suffering.

Secondly, these two court systems have different standards of proof. Criminal cases require proof beyond a reasonable doubt, which is harder to achieve than proof by a preponderance of the evidence in a civil case. This is to say that it is possible to win a civil case even if the alleged offender is found not guilty of a DUI by a criminal judge. And so, there is no need to wait for the outcome of a criminal trial to serve as proof that negligence existed in your accident event in your civil claim. You may have other proof, like witness testimonies and dash camera footage.

What is the statute of limitations for my drunk driving accident claim?

All the more reason to not wait too long to file your drunk driving accident claim is New Jersey’s strict statute of limitations. Namely, you may only have two years from the date of your accident to bring your case before the civil court. Otherwise, you may be ineligible to collect monetary compensation, no matter how real your economic and non-economic damages are. Rest assured, your lawyer may coordinate with the ongoing criminal case and acquire evidence revealed from the criminal investigations to strengthen your civil case (i.e., BAC level, police testimonies, etc).

While we understand that you may not want to deal with any of this right now, it must be addressed for your physical, emotional, and financial well-being. So please allow a talented Passaic County auto accident lawyer from the Law Offices of August R. Soltis, to make this legal process less burdensome for you overall. We will be happy to help and give you much-needed relief.

Depending on the severity of the injuries you incurred after a personal injury accident, you may have to go to frequent and plentiful doctor’s appointments, physical therapy sessions, mental health counseling, etc. These out-of-pocket medical expenses may already be financially taxing for you. But this is not to mention the monetary toll of commuting to all these appointments, which may add up quicker than you think. Well, if you are feeling the effects of this, please continue reading to learn whether you can be compensated for the travel expenses associated with attending your medical appointments and how an experienced Passaic County personal injury attorney at the Law Offices of August R. Soltis can help you get coverage at any capacity.

What are the travel costs likely associated with attending medical appointments?

When you deeply consider it, your travel costs may be quite expensive. This is especially unfair because you would not have had to incur this expense if you had never gotten injured in a personal injury accident in the first place. With that said, you may be valid in citing travel expenses as a type of economic damage in your injury claim. Here, you may claim the following costs:

• The cost of public transportation, taxi, or ride-share services to get to your medical appointments.
• The cost of refilling your tank with gasoline to drive yourself to and from your medical appointments.
• The cost of tolls on the roads between your residence and the medical facility where your appointments are.
• The cost of parking in a private lot or at a metered space at the medical facility where your appointments are.
• The cost of needing vehicle repairs or inspections more frequently after driving yourself to your medical appointments.

How can I be compensated for travel expenses to medical appointments in an injury claim?

You must understand that the court will not order the defendant to pay for all your travel expenses since the accident. That is, they may only be held responsible for the costs directly associated with commuting to and from your medical appointments. This may require clear and detailed evidence on your end.

For one, you may have to record the vehicle mileage you start with at your residence, and then the number you end with at the medical facility where your appointment is. This may be in addition to documenting the average miles per gallon your vehicle make and model gets, along with the average cost of regular gas per gallon in your area.

Also, if you do drive yourself, it might be better to go through the ticketed toll booths and collect your receipts from your commute. And also, the receipts from the private parking lot or a picture of the metered spot you typically park in. If you do not drive yourself, then keep your bus tickets, the receipt of your paid cab fare, the receipt of your rideshare order, etc.

Before you step into a New Jersey civil courtroom, you must seek a skilled Passaic County personal injury attorney to stand by your side. Please contact our office, the Law Offices of August R. Soltis, as soon as you are ready.

You may navigate up and down flights of stairs constantly every day, especially those in your apartment complex. With this being such a routine habit, you may be completely startled on the day that you have a slip and fall accident while using the stairs. You may not have carried yourself any differently that day, so you may presume that the premises were hazardous at the hands of a negligent landlord. Well, for this, please read on to discover whether you have a valid legal claim after an apartment stairway slip and how a seasoned Passaic County stairway accident lawyer at the Law Offices of August R. Soltis can help you see this through.

Do I have a claim after an apartment stairway slip?

For starters, you cannot sue over your stairway slip and fall if, for example, you missed a step out of sheer clumsiness, by being distracted on your phone, or any other mishap on your end. However, if you believe a potentially hazardous condition existed on the stairway, you may proceed with a premises liability claim against your apartment complex’s landlord.

Here, you must argue that a landlord knew or should have reasonably known about a hazard but failed to address it promptly. You must also demonstrate that the existence of this hazard was beyond your knowledge or otherwise unavoidable. Examples of valid hazards may include a loose handrail, loose carpeting on a step, slippery contents on a step, dim overhead lighting, etc.

Can I still sue if an elevator was available to use?

You can bet that your apartment complex’s landlord will do everything in their power to get the blame off of them for your stairway slip and fall accident. One argument they may reach for is stating that a safe elevator was available for you to use at the time. Well, please do not let this claim deter you from moving forward, as it does not automatically bar your claim.

The fact of the matter is that residents are permitted to use any common area within the apartment complex, including the stairways. This is regardless of whether other exit routes are at their disposal, as taking the stairs is a normal and foreseeable action. In the end, a landlord is liable for keeping all fixtures and facilities safe and well-maintained in case they are ever used.

Here, you must establish that you did not choose to take the stairs with the knowledge that it was the more dangerous option. That is, you must demonstrate that there was no warning signage or barriers at the stairway entrance, and that the hazard that caused your accident was not visible to the naked eye.

If this is what you are currently up against, do not try to execute this lawsuit without the legal assistance of a competent Passaic County slip and fall lawyer from the Law Offices of August R. Soltis. We urge you to retain our services as soon as possible.

After getting involved in a devastating car accident, you may know for certain that you require monetary compensation for incurred damages. But you may be uncertain about where to seek this relief, from your personal auto insurance policy or the at-fault driver themself. Well, with either option, the sooner you take action, the better chances your case has. So if you are stuck with this predicament, please continue reading to learn whether you should file an insurance claim or sue a driver and how an experienced Passaic County car accident lawyer at the Law Offices of August R. Soltis can help you establish fault before taking it any further.

After my car accident, should I file an insurance claim or sue a driver?

First of all, you must be aware of the fact that New Jersey is a no-fault state. This means that every licensed New Jersey driver is legally obligated to carry what is known as Personal Injury Protection (PIP) coverage. Then, they may use this coverage in the event of an auto accident, regardless of which party was determined to be majorly or entirely at fault.

Of note, PIP typically compensates for the cost of hospital visits and medical care services, rehabilitation and therapy sessions, essential services (i.e., domestic services), and even a portion of lost income. On average, New Jersey drivers carry anywhere between $15,000 and $250,000 in PIP coverage.

But if your incurred damages exceed this amount, this is when you may pursue legal action against the at-fault driver(s). What’s more, PIP does not offer monetary compensation for non-economic damages like pain and suffering, permanent disability or disfigurement, or emotional trauma. If you suffer from these things greatly, it is all the more reason to sue.

How does NJ’s modified comparative negligence affect my lawsuit?

Even if you believe another involved driver contributed to your accident, you must confirm that they were primarily or entirely to blame if you wish to pursue a personal injury claim against them. This is to keep in mind New Jersey’s modified comparative negligence statute. This system makes it so that the plaintiff, you, must be found less than 50 percent at fault for your accident.

Otherwise, you may be barred from suing the other driver and subsequently seeking recovery for incurred damages. And so, while still at the scene, you must collect evidence that essentially takes the accountability away from you. This is also best practice if you wish to file an insurance claim with the at-fault driver’s provider first.

If you are still hesitant about taking the monumental step of taking legal action, consult with a skilled Passaic County auto accident lawyer from the Law Offices of August R. Soltis to get the assurance and confidence you need to proceed. From here on out, we will be with you every step of the way.

When you are involved in an auto collision with a drunk driver, you may immediately believe the blame rests entirely on their shoulders, as they made the conscious decision to get behind the wheel after consuming a significant amount of alcohol. However, taking a step back to see the whole picture, you may consider whether the individual who served them these alcoholic beverages in the first place is partially at fault. Well, with that being said, please continue reading to learn more about social host and dram shop liability laws and how an experienced Passaic County auto accident lawyer at the Law Offices of August R. Soltis can help you hold the appropriate person or entity responsible for your unnecessary injuries and damages.

What does social host and dram shop liability mean in New Jersey?

First of all, social host liability and dram shop liability are two different laws in New Jersey. The former states that a social host can be held liable for injuries to a third party (i.e., a drunk driving accident victim) if they negligently provide alcohol to a guest who is either visibly intoxicated or is a minor and then causes an accident.

Specifically, visible intoxication is defined by behaviors and appearances like slurred speech, unsteady movements, glassy eyes, drowsiness, etc. Then, a minor is any individual younger than the federal legal drinking age of 21.

The latter law (i.e., the New Jersey Licensed Alcoholic Beverage Server Fair Liability Act) establishes that a business that sells or serves alcohol is responsible for injuries and damages caused by a patron who is either visibly intoxicated or is a minor to whom they served alcohol. Examples of such businesses that are expected to comply with this Act are restaurants, bars, and clubs.

When can a host or establishment be held liable after a drunk driving accident?

Being that you later got involved with an intoxicated driver who caused your accident, you may admit that you did not witness first-hand the potential negligence of a social host or business employee with whom the driver first interacted. But you may also know that establishing a host’s or employee’s negligence is critical if you wish to hold them liable in your personal injury claim, as well.

Rest assured, there are means of showing the New Jersey civil court that this party knew or should have reasonably known that the at-fault driver was intoxicated or a minor. Namely, you may gather testimonies from those present at the same social gathering, recounting the driver’s erratic behaviors or confirming the close relationship with the host, to the extent that they should know basic information, such as their age.

Or, if they originated from a restaurant, bar, or club, you may acquire their tab and final receipt from the night. This may showcase the amount of alcoholic beverages they purchased and were served in that single night, the same night they got in their vehicle and crashed into you. You may also obtain security camera footage from the premises, which may have captured the driver’s unusual behaviors and actions before leaving.

While we understand that you may not want to deal with any of this right now, it must be addressed for your physical, emotional, and financial well-being. So please allow a skilled Passaic County personal injury attorney from the Law Offices of August R. Soltis to make this legal process less burdensome for you overall. We will be happy to help and give you much-needed relief.

After being made the unfortunate victim of a personal injury accident, you may start thinking about obtaining an attorney who can represent you in your potential civil claim proceedings. You may do online research or ask around for referrals of gifted attorneys in your area. However, you may be unable to use any of them if your accident happened in another state. In this case, please follow along to find out whether New Jersey statutes will apply to your personal injury claim if you got injured out of state, and how a proficient Passaic County personal injury attorney at the Law Offices of August R. Soltis can help you build a strong and valid case.

What are New Jersey’s statutes for personal injury claims?

You should know that each state enforces varying rules and regulations that plaintiffs of personal injury claims must follow. For one, in the state of New Jersey, there is the modified comparative negligence statute. This holds that a plaintiff may only recover damages if the civil court rules them to be 50 percent or less at fault for the accident event. This differs from Maryland’s contributory negligence statute, which bars a plaintiff from any compensation if they are found to be even one percent at fault.

Also in the state of New Jersey, the statute of limitations for personal injury claims is two years. This means a plaintiff has two years from their accident date to bring their case forward. This is less time than a plaintiff would be granted in New York State, which sets their deadline at three years. And so, New Jersey’s statutes may be better or worse than those of other states for different reasons.

Will these New Jersey statutes apply if I get injured out of state?

Even though you may be considered a legal resident of New Jersey, this does not matter if your personal injury accident and injury took place out of state. This is because the civil court in this other state may have jurisdiction over your case. Given the examples mentioned above, if your accident happened in Maryland, you may have to work harder to beat the contributory negligence statute. Or, if you get injured in New York State, you may have an extra year to prepare your legal paperwork.

Unfortunately, for your out-of-state injury, our Passaic County personal injury attorneys may be unable to serve as your representative in court. However, we can still help you find a credible licensed professional in this other state, along with offering you legal advice and consulting in the meantime. On the flip side, if you are an out-of-towner, we will be sure to make you feel comfortable in our care immediately.

We understand that you may not want to deal with any of this right now, but it must be addressed for the sake of your physical, emotional, and financial health. So please allow a talented Passaic County personal injury attorney at the Law Offices of August R. Soltis to make this legal process overall less burdensome for you. We will be happy to help and give you much-needed relief.