If someone is injured while on my business premises, what information should be included in the accident report?

It is very important that the report include: the date and time of the accident; details about the location of the occurrence; the names and contact information of anyone involved in the incident; and detailed statements from all witnesses, including the injured party if possible. Detailed descriptions of the scene when employees and/or a supervisor arrives on the scene may also be obtained, but such statements by employees or supervisors should be maintained on separate forms.

What should I do if I am involved in an automobile accident?

First, you should never leave the scene of the accident. You could be criminally prosecuted for leaving the scene or hit and run. Notify the police and cooperate with the authorities when they arrive, providing accurate contact information. Give your account of the accident to the authorities, but do not admit fault or liability to the police or anyone else at the scene. It is better not to comment on fault because it might not be readily ascertainable at that time. If you are injured, seek medical attention. You should also notify your insurance company as soon as possible.

What are common defenses to personal injury claims?

Among the defenses that may be asserted in a personal injury lawsuit are the following: contributory or comparative negligence (based on the plaintiff's own conduct in causing the injury); the statute of limitations (the time in which a claim must be brought); sovereign immunity (the immunity that may be available to government entities and employees); and product alteration or misuse (if a products liability suit is involved).

What defenses are available in wrongful death cases?

Generally, the same defenses are available to a defendant in a wrongful death case as in any action brought for injuries if the decedent had not died. Therefore, if the decedent was partially at fault, contributory or comparative negligence may be a viable defense as well as the statute of limitations and alteration or misuse of a product in a products liability action.

How does accident reconstruction work?

Traffic accident reconstruction often plays an important role in personal injury lawsuits.  That process typically involves two phases – investigative and analytical. The investigative phase includes the gathering of all facts and information (the police report, photographic evidence, physical measurements of the accident scene and of the vehicles involved, and witness statements. The analytical phase involves analysis of the engineering data collected, testing to determine operator and vehicle performance, and calculations needed to allow experts to model and describe the events before, during, and after the accident.  For a trial setting, it is important that the experts present the engineering and physics in a manner that lay jurors can comprehend.

What if more than one party was at fault in an accident?

In New Jersey, when two or more parties are determined to be at fault in a personal injury case, the court determines each party’s fault or "negligence" as a percentage of all the negligence of the parties involved. I an at-fault party’s negligence is determined to be 60 % or more, that party is jointly and severally liable for the plaintiff’s damages. Where a party’s negligence is less than 60%, he or she is only liable for that portion of the plaintiff’s total damages that equals his percentage of the negligence.

Resource Links

LexisNexis Torts Law Web Center
http://law.lexisnexis.com/practiceareas/torts

National Safety Council's Fact Sheet Library:
http://www2.nsc.org/library/facts.htm

Consumer Product Safety Commission:
http://www.cpsc.gov/

New Jersey State Government's Public Safety & Security Information:
http://www.state.nj.us/nj/safety/
 
New Jersey Division of Consumer Affairs:
http://www.state.nj.us/lps/ca/ocp/newlemon.htm