PERSONAL INJURY LAWYER TOMS RIVER NJ
Toms River, New Jersey has nearly 100,000 residents and, unfortunately, there are times when the residents of Toms River as well as visitors are injured through no fault of their own. When people get hurt in a Toms River accident due to the negligence of another, it is important that those who wish to explore their legal options seek the assistance of an experienced Toms River NJ Personal Injury Lawyer. Super Lawyers is an organization that ranks the best lawyers in Toms River and throughout New Jersey. Attorney Daniel Sloan was named to its Rising Stars list in 2016. He has recovered millions of dollars throughout the course of his career for his clients.
Toms River NJ Personal Injury Attorney – Call (908) 358-2938
Personal injury cases are complex and winning them requires an understanding of all aspects of the law in New Jersey. Handling them on your own is not advisable. Defense attorneys and insurance adjusters have a great deal of experience handling injury claims. It is important to have experience on your side too. On behalf of the client, the Sloan Law Firm will focus on:
- Getting medical bills paid
- Recovering compensation for pain and suffering
- Recuperating lost wages
The Sloan Law Firm handles many different personal injury cases in Toms River, NJ, including:
- Snow and Ice Accidents
- Catastrophic Injury
- Dog Bites
- Car Accidents
- Construction Accidents
- Slip and Falls
- Medical Malpractice
- Traumatic Brain Injuries
- Wrongful Death
- Product Liability
- Bus Accidents
- Truck Accidents
- Bike Accidents
- Spinal Cord Injuries
- Premises Liability
- Prescription Drug Errors
- Sidewalk Accidents
TOMS RIVER DOG BITE INJURIES
Unlike most other states, the liability of a dog owner for a dog bite is governed by statute in New Jersey. N.J.S.A. 4:19-16 provides:
The owner of any dog which shall bite a person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner’s knowledge of such viciousness.
For the purpose of this section, a person is lawfully upon the private property of such owner when he is on the property in the performance of any duty imposed upon him by the laws of this state or the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner thereof.
There are a few important aspects of the dog bite statute to point out. First, the statute makes dog owners strictly liability whenever his or her dog bites someone else. Generally, a plaintiff in a personal injury case must prove negligence. This is difficult because many times the plaintiff must find an expert to render an opinion and testify in court as to a defendant’s negligence. In a dog bite case, a plaintiff does not have to do so. Under New Jersey’s dog bite law, an owner of a dog that bites another is negligent as a matter of law. The plaintiff does not have to prove negligence at trial. The plaintiff does not have to prove that the dog owner knew or should have known that the dog was vicious. The issue simply whether or not the dog bit another.
There are a few issues, however, that must be addressed before strict liability is applied to a dog bite case. In many cases, the owner of the dog is not so readily identifiable. Under the dog bite statute, a dog owner is not defined so the courts are often forced to address the issue. New Jersey’s courts have been reluctant to identify a landlord as a dog owner. However, the courts have found that co-inhabitants can both be owners of the dog. Unless ownership is clear, the courts essentially have to determine who the dog owner is on a case by case basis.
Lawfully Upon Private Property
It is also important to remember that the victim must be on the property lawfully. Those that enter the property illegally are generally not able to collect compensation for dog bite injuries. Sometimes, there are issues as to implied invitation. In cases of implied invitation, the issue may have to be determined at trial.
Those injured as a result of a dog that he or she provoked are not usually entitled to compensation. In some cases, a trial is the only way to determine whether the dog was provoked because what is and what is not provocation can be in dispute. Is teasing the dog provocation? Some jurors may so yes and some may say no.
A person injured in New Jersey as a result of a dog bite must therefore show three elements for the owner to be liable:
- The defendant is the owner of the dog;
- The dog bit the injured party; and
- The bite occurred while the injured person was in a public place or lawfully in a private place, including the dog owner’s property.
Any person injured as a result of a dog bite is entitled to compensation when these elements are satisfied assuming none of the exceptions apply.
PREMISES LIABILITY ACCIDENTS IN TOMS RIVER, NJ
Premises liability is the area of law that requires a New Jersey landowner, usually a store owner, to safeguard others on the premises from dangerous or hazardous conditions that could result in injury. In New Jersey, all commercial property and business owners must provide a safe environment for the people on their property.
For premises liability to apply, there must be negligence or some other wrongful act by the commercial landowner or some entity using the property, such as a property management company. It is important to remember that a business is not automatically responsible for an injury simply because an accident occurred on the premises. The business responsible for maintaining the premises may only be liable if there was a wrongful act, such as a failure to inspect the premises or a failure to correct a hazardous condition that the landowner knew about.
Some common premises liability cases involve:
- Grocery store negligence – usually a failure to clean up a slippery substance
- Hazardous sidewalks – a defect in the sidewalk
- Dangerous stairs or staircases – due to no railing
- Slip & fall accidents
- Escalator malfunctions
- Snow & ice accidents
- Negligent security
- Dog or animal attacks
- Insufficient lighting – many times this occurs in a stairwell
- Construction site negligence
- Shopping Center negligence
- Parking lot hazards
- Amusement park accidents
- Swimming pool negligence
- Faulty electrical wiring
- Burn hazards – such as an unprotected radiator
For those injured on the premises of another, medical bills can pile up fast. Victims deserve compensation for their pain and suffering. In any case, the Sloan Law Firm looks to recover fair and just compensation for those injured through no fault of their own. This includes: recovering medical expenses, pain and suffering and, where appropriate, lost wages.
SLIP AND FALL INJURIES IN TOMS RIVER, NJ
Premises liability cases usually involve “slip and fall” or “trip and fall” accidents. Slip and fall accident cases are complex and it is important that anyone injured in this manner consult a New Jersey slip and fall lawyer. The first question when examining a New Jersey slip and fall lawyer usually asks about is the location of the accident. The reason why this is important is because it is much easier to prove a negligence against a commercial landowner than it is to prove against a residential landowner in New Jersey. Anyone examining a court docket could immediately determine that many cases are against commercial entities such as:
• Big-box stores
• Home improvement stores
• Grocery stores
• Apartment complexes
• Business complexes
New Jersey premises liability law requires big-box stores, home improvement stores, grocery stores, apartment complexes, business complexes and other commercial landowners to repair or to prevent conditions that could result in someone being hurt. This includes the sidewalks surrounding the property. Failure to do so may result in the commercial landowner being held liable for injuries.
In order to prove that a commercial entity is negligent, an injured victim generally must prove that there was a dangerous or hazardous condition on the premises and that the commercial landowner had knowledge of it. This is typically done with the help of an expert. Experts are permitted to give opinions when testifying in court.
Causes of Slip & Fall Accidents
• Snow and ice accidents
• Re-freezing incidents
• Debris such as wet leaves and garbage
• Indoor paint on an outdoor surface
• Non-slip resistant flooring
• No railing
• Improper lighting
CATASTROPHIC INJURIES IN TOMS RIVER, NJ
Catastrophic injuries are always tragic. The can be caused by medical malpractice, tractor-trailer accidents, bus accidents, workplace incidents and in many other ways. The National Center for Catastrophic Sport Injury Research in the United States classifies catastrophic injuries based on the three outcomes associated with them: fatality, those causing permanent severe functional disability, and those causing severe head or neck trauma with no permanent disability.
Types of Catastrophic Injuries
Common types of acute catastrophic spinal injuries are those associated with unstable fractures and dislocations, intervertebral disc herniation, and transient quadriplegia. These most commonly affect the cervical spine (neck), but also affect the thoracolumbar spine (back) and cause spinal cord neuropraxia.
A number of injuries can qualify as catastrophic injuries, including:
• Wrongful Death
• Traumatic brain injury
• Severe scarring/burns
• Permanent Vision and Hearing loss
• Loss of Fetus
• Fractured/Broken bones
Recovery from catastrophic injuries is long and complex. Catastrophic injuries usually require long-term medical care, loss of employment or long-term absence and dipping into retirement to pay medical bills. A life care plan is sometimes established for the patient to address the his or her needs.
Components of the life care plan may include:
• home renovations
• adaptive van
• durable medical goods/equipment and wheelchairs
• facility care/services
• home care/services
Compensation for Catastrophic Injuries
There is never enough money to compensate those that have sustained catastrophic injuries through no fault of their own. The Sloan Law Firm will seek justice on behalf of those injured severely. The Sloan Law Firm will seek, where appropriate, compensation for:
• Medical bills
• Loss of income
• Property damage
• Pain and suffering
• Loss of enjoyment and/or consortium
If you or a loved one sustained a catastrophic injury in Toms River, the Sloan Law Firm may be able to help. For free consultations 24 hours a day, call (908) 358-2938.
CAR ACCIDENTS IN TOMS RIVER, NJ
One of the first steps in examining an auto accident case in Toms River, New Jersey is to review the police crash investigation report. Many times, auto accidents are the result of a rear-end impact, an improper left-hand turn or carelessly entering a traffic intersection. As a general rule, drivers that cause a rear-end impact to the vehicle in front of them or drivers making a left-hand turn that results in an impact are negligent. In addition, any driver that does not stop at an intersection with a stop sign or a red light is clearly negligent. Occasionally, there are cases where a passenger is injured in a two-car accident and both drivers are negligent. For these reasons, the police report is a very important document in any auto accident case to determine who was at fault.
Generally, the police report will also identify any aggravating circumstances involved in the auto accident. For example, the police report may identify whether any driver involved in an accident was under the influence of alcohol or whether the accident was a Hit and Run.
Types of Toms River, NJ Auto Accidents:
- Car Accidents
- Truck Accidents
- Garbage Truck Accidents
- Tractor-Trailer Accidents
- Bus Accidents
- Motorcycle Accidents
- Bicycle Accidents
- Pedestrian Accidents
- Taxi Accidents
- Uber Accidents
- Lyft Accidents
- Crosswalk accidents
- Parking Lot Accidents
TRUCK ACCIDENTS IN TOMS RIVER, NJ
The trucking industry is a very important for the United States and the New Jersey Turnpike is one of the main thoroughfares. Every day, thousands of semi-trailer and tractor-trailers traverse the New Jersey Turnpike, Route 9 and other major roadways. Unfortunately, there are incidents of truck accidents on our roadways. It is important for anyone injured due to a truck accident in New Jersey to consult with a Toms River New Jersey Truck Accident Lawyer.
Common Causes of Toms River, NJ Truck Accidents
- Driver fatigue
- Slippery roadways
- Reckless driving
- Blind spots
- Mechanical problems
- Road design
- Traffic signal errors
New Jersey truck accident can be heartbreaking because they generally involve severe injuries and fatalities. Because of the inherent dangers associated with truck accidents, the Federal Motor Carrier Safety Regulations are comprehensive. A violation of any of these regulations by the truck driver or the trucking company may be used to establish negligence. New Jersey has its own wide-ranging motor vehicle laws. Any violation of New Jersey motor vehicle laws may also be used to establish negligence by the truck driver or trucking company in an injury case involving a semi or tractor-trailer or garbage truck. For example, tractor-trailers are sometimes not permitted in the left lane on a highway. There is a reason for this law. Namely, the truck can cause an accident. Driver visibility is not very good on the right side of any vehicle, particularly for trucks. It is never a good idea to pass a truck on the right.
MOTORCYCLE ACCIDENTS IN TOMS RIVER, NJ
Motorcycles have always been allowed on the New Jersey Turnpike. However, this has not always been true for the Garden State Parkway. Motorcyclists were allowed on Garden State Parkway when it opened in 1951. In 1961, things changed for motorcyclists in New Jersey. Believe it or not, operating a motorcycle on the Garden State Parkway between 1961 and 1975 was illegal because of the personal injury and property damage due to motorcycle accidents. In 1975, Governor Byrne signed a bill allowing motorcyclists to operate on the Garden State Parkway again under pressure from motorcycle groups, provided they abide by new safety rules, including the use of protective gear and minimum power.
New Jersey residents operating a motorcycle must have either: (1) a motorcycle endorsement on their existing driver license or (2) a separate motorcycle license. All motorcycles must be titled, registered and insured. Under the New Jersey Helmet Law:
No person shall operate or ride upon a motorcycle unless he wears a securely fitted protective helmet of a size proper for that person and of a type approved by the federal DOT. Such a helmet must be equipped with either a neck or chin strap and be reflectorized on both sides.
New Jersey recommends the following safety tips for motorists traveling near or around motorcyclists:
- Be Alert for Motorcycles – Heavy traffic could hide a motorcycle. Be aware constantly.
- Anticipate Hazards for Motorcycles – Be prepared to react to poor road conditions, such as debris or oil slicks, railroad tracks or raised manhole covers.
- Do Not Tailgate Motorcycles – They require less stopping distance than other vehicles.
- Share the Road – Sharing the road will save lives. Motorcyclists and motorists abide by the same traffic laws. To avoid crashes, obey speed laws, warning signs and traffic signals. Share the road. Remember that motorcycles are much smaller and maneuver faster than other vehicles, so always check your mirrors twice.
Motorcycle Accidents in New Jersey
Despite the safety precautions, there are occasions when motorcyclists are involved in auto accidents. Between 2007 to 2016, motorcycle fatalities varied. In 2011, New Jersey recorded the highest number of fatalities (93). In 2015, New Jersey recorded the lowest number (50). New Jersey recorded over 12,000 motorcycle crashes between 2011 and 2015.
Common Causes of Motorcycle Accidents in New Jersey
Operating a motorcycle on the New Jersey Turnpike, the Garden State Parkway or any other roadway in New Jersey can be dangerous. The dangers associated with operating a motorcycle can increase when the following conditions are present:
- Driver fatigue
- Construction on the roadway
- Road construction
- Poor visibility
- Slippery conditions involving oil, rain or ice
- Road Bends, Curves and hills
It is important for anyone injured in a New Jersey motorcycle accident through no fault of their own to consult with a Toms River NJ New Jersey Motorcycle Accident Lawyer because, many times, the injuries are severe. The Sloan Law Firm handles accidents involving motorcycles, ATVs, Dirt Bikes and any other type of motorcycle in Toms River, New Jersey.
THE SLOAN LAW FIRM WORKS ON A CONTINGENCY BASIS – NO RECOVERY, NO FEE
FREE CONSULTATIONS AVAILABLE – (908) 358-2938
The Sloan Law Firm works on a contingency basis when handling personal injury cases, which means there is no upfront legal expenses and there is no attorney fee unless damages are recovered on behalf of the client.
If you or a loved one has been hurt in a Toms River, NJ accident and need to speak to an experienced Toms River NJ Personal Injury Attorney, you can reach the Sloan Law Firm at: (908) 358-2938 for a free consultation. Attorney Daniel Sloan has recovered millions of dollars for his clients.
RECENT PERSONAL INJURY RESULTS
- $1,000,000 Recovery – Pedestrian hit by motor vehicle
- $850,000 Recovery – Motorist struck by truck on highway
- $250,000 Recovery – Husband and wife struck from behind on highway
CALL TODAY – (908) 358-2938 FOR A FREE PERSONAL INJURY CASE REVIEW
Does The Sloan Law Firm Handle Personal Injury Cases Near Me?
Yes. Personal injury cases arising out of Toms River, New Jersey are handled in the Ocean County Superior Court. The Sloan Law Firm handles personal injury cases in Ocean County Superior Court and throughout New Jersey.
PERSONAL INJURY FREQUENTLY ASKED QUESTIONS (FAQs)
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I received a ticket for an illegal left. I left Court with no points on my license and a small fine thanks to Dan Sloan. Dan kept me informed the entire time and supported me even with this minor incident. I have recommended Dan to friends and family who have also had successful outcomes with Dan by their side.
I received a moving violation, and was very nervous to go to court and face the penalties. Dan assured me not worry- his confidence and well-rounded knowledge of the law are why I walked out of the court very happy. I highly recommend Dan Sloan and will only call him for any other issue I should face.