New Jersey personal injury lawyer Richard A. Schnoll uses the New Jersey Car Accident Law Blog to inform consumers of legal issues relating to car accidents, automobile insurance and other related topics. Richard is an attorney with Cohn Lifland Pearlman & Knopf LLP.
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In New Jersey, state law prohibits drivers from talking to or listening to another person on the telephone, text messaging or sending an electronic message unless the driver is using a hands-free device. But even when using a cellphone hands-free, it is sometimes necessary to push certain buttons...
New Jersey has a law that bars an injured person from suing for pain and suffering arising from a car accident if that person does not have the requisite insurance on his/her vehicle at the time of the accident. What happens if the injured person is not the operator of the vehicle but is...
In a recent decision handed down by the New Jersey Supreme Court, plaintiffs injured in a car accident South Africa were allowed to move forward with their lawsuit against the defendants, which included the driver of the car the plaintiffs were passengers in at the time of the accident and the...
In a recent case, State v. Korpita, the Appellate Division affirmed a refusal to take an Alcotest conviction of a former municipal court judge who continuously belched for 75 minutes, effectively preventing the police officer from administering the test. According to proper Alcotest...
Under New Jersey law, an uninsured owner/operator of a car who is involved in an accident which results in injuries to the operator is precluded from recovering damages for both economic and non-economic (pain and suffering) loss. See N.J.S.A. 39:6A-4.5(a). An interesting but previously...
In McDougall v. Lamm, the Appellate Division of the New Jersey Superior Court recently considered whether to allow damages for emotional distress to a plaintiff who witnessed the violent death of her dog. While out for a walk, the plaintiff’s dog was attacked and killed by...
The Holidays are upon us once again, and with the season come invitations to parties, dinners, cocktail hours and other events to celebrate it. You may even be planning to host your own holiday gathering. If you are hosting an event this holiday season and plan to serve alcohol, please...
Does New Jersey recognize a claim for emotional distress when the plaintiff only observes the happening of an accident but is not physically injured? In 1980, the New Jersey Supreme Court held that if a plaintiff can prove the following: (1) the death or serious physical injury of...
Under New Jersey law, a person has 60 days to “pay and satisfy” a judgment rendered against him for damages resulting in personal injury, death or property damage in excess of $500.00 arising from a motor vehicle accident. If the judgment is not paid within 60 days, the Motor...
In Simmons v. Lynch, plaintiff, Lois Simmons, was involved in a car accident while driving a vehicle owned and insured by her employer. At the time of the accident, plaintiff owned a car, which was uninsured. Plaintiff received treatment for her injuries and sued the defendant and...