Tractor Trailer Accidents
Kenneth
Vercammen & Associates Law Office helps people injured due to the
negligence of others. We provide representation throughout New Jersey.
The insurance companies will not help. Don't give up! Our Law Office can
provide experienced attorney representation if you are injured. Our
website KennethVercammen.com provides information on civil cases we can
be retained to represent people.
WHAT TO DO IF INJURED WHEN HIT BY A TRUCK OR COMMERCIAL VEHICLE, OR WHILE A PASSENGER IN A BUS
- AT THE ACCIDENT SCENE
Compiled by Kenneth Vercammen, Esq. from various sources
1.
Stop . . . do not leave the scene of the accident. CALL 911, tell them
where the accident occurred and ask for medical help if needed.
2. Get names, addresses, and license numbers of all drivers involved.
3.
Get description and registration number and insurance information of
all cars involved. License Plate Number __ Registration # __ Make __
Year __ Damage __ Insurance Company __ Insurance Policy Number __
4.
Get names and addresses of all witnesses Witnesses will be a tremendous
help to you in any subsequent court action, if there is any question of
liability involved. Get the names and addresses of as many witnesses as
possible. If they refuse to identify themselves, jot down the license
plate numbers of their automobiles. Do not discuss the accident with the
witnesses. Do not give the witnesses names to anyone but the police,
your attorney or your insurance company.
5. While waiting for
police, write down- Accident Information Date __ Time __ Location __ No.
of vehicles involved __ Weather __ Road conditions __ Damage __ Speed
of the other car __
6. Summary of accident __
7. Diagram of accident
8.
Call an ambulance. If you have any reason to suspect you were injured
in the accident, go to a hospital immediately or see a physician
promptly. Youll want it on record that you sought treatment right away
-not in a week or so.
9. Name of Police Officers, Department and Badge Number
10.
Do not assign or accept blame for the accident. - The scene of the
accident is not the place to determine fault. Discuss the accident only
with the police, your attorney and with representatives of your
insurance company. Give the other party only your drivers license
number, registration number and insurance information. - Be cooperative
with the police.
11. Seek hospital/ medical attention.
12. Call your car insurance company to report the accident if you have car insurance even though you were not in your car.
13.
Call a personal injury attorney, not a real estate attorney: Call
Kenneth A. Vercammen- Trial Attorney Attorney At Law (732) 572-0500 When
you need help the most, we will be ready to help you.
Financial Recovery for passengers in Buses injured in accidents
1.
Kenneth Vercammen Helps Injured persons A person who is injured as a
result of the negligence of another person is what we in the legal
profession refer to as a personal injury claimant. In other words, they
have been injured as a result of an accident, and you now wish to
prosecute a claim against an opposing party. As the attorney of record, I
can bring an action for the injured person. Therefore, I request that
all clients do as much as possible to cooperate and help in every way.
The purpose of this article is to describe the procedure that we may
follow and give you sufficient instructions to enable you to assist us
in this undertaking. Helping us is just another way of helping yourself.
Bringing
a claim against a truck or commercial vehicle is easier than bringing a
claim against a passenger car. With trucks/commercial vehicles, you do
not need to prove you suffered a significant impact.
2. Clients
should provide my office with the following 1. Any bills 2. All Hospital
or doctor records in your possession 3. Your personal Car Insurance
Declaration Sheet [This determines who pays your medical bills, even if
you were in a Bus] 4. Your Car Insurance Policy 5. Photos of damage to
the vehicles involved. If there is damage to the bus, a photo is needed
6. Photos of accident site 7. Major Medical Insurance Card 8. Paystub if
lost time from work
3. Attorney- Client Confidential
Relationship First, I want to thank our clients for giving me the
opportunity to assist them in their case. I am a legal professional and I
have great pride and confidence in the legal services that I perform
for clients during our relationship as attorney-client. If you have
concerns about your case, please call my office at (732) 572-0500.
We
feel that this case is extremely important-not only to you, but to this
office as well. This is not simply a matter of obtaining just
compensation for you, although that is very important. We take
professional pride in guiding our clients carefully through difficult
times to a satisfactory conclusion of their cases.
4. Submission
of Bills to Car Insurance and Major Medical You should submit your
medical bills to your own car insurance company first. Your car
insurance is required by New Jersey law to provide PIP (Personal Injury
Protection) benefits under the No Fault Law. This means your car
insurance company, not the careless driver, pay the majority of medical
bills. This is true even if your are in a Bus.
If you do not own a
car, but live with someone who owns a car, we can try to help you
submit medical bills to their car insurance company.
Please
provide car and major medical insurance information to each doctor, MRI
facility and treatment provider. Please request they submit bills and
attending physician reports to car insurance and major medical. There is
now minimum deductibles under the PIP Law. There is an initial $250.00
deductible, and thereafter your car insurance company pays 80% of
medical bills under a medical fee schedule established by the State
Dept. of Insurance. Your primary treating doctor must also follow Care
Path. Submit portions of bills the car insurance does not pay to your
major medical carrier (ex- Blue Cross, Connecticut General). The Law
Office of Kenneth Vercammen can provide a more detailed brochure
explaining how car insurance works.
Never give a signed statement
to the claims adjuster representing the other drivers insurance
company. The same goes for a phone recording. They may be used against
you in court to deny your claim. Speak with your personal injury
attorney first.
IF YOU HAVE BEEN HIT BY A CAR WHILE RIDING YOUR BICYCLE; WHILE YOUR PERSONAL INJURY CASE IS PENDING:
It
is important that you -- 1. DO NOT discuss your case with anyone except
your doctors and attorney. 2. DO NOT make any statements or give out
any information. 3. DO NOT sign any statements, reports, forms or papers
of any kinds. 4. DO NOT appear at police or other hearings without
first consulting with your attorney. INFORM YOUR ATTORNEY PROMPTLY of
any notice, request or summons to appear at any such hearings. 5. Refer
to your attorney, anyone who asks you to sign anything or to make any
statement or report or who seeks information concerning your case. 6.
Direct your doctor and other treatment providers not to furnish or
disclose any information concerning your case to any entity other than
your insurance company without YOU AND YOUR ATTORNEYS WRITTEN
PERMISSION. 7. You may have insurance coverages such as liability,
collision, accident, Blue Cross, Blue Shield or Major Medical which
require prompt attention. However, be sure to have your treatment
providers send bills immediately to all of your insurance companies. 8.
Notify your attorney promptly of any new developments. Small things may
be important. Keep your attorney informed. 9. Maintain accurate records
of all information and data pertaining to your case. 10. If you or any
witnesses should move, be sure to notify your attorney of the new
address.
5. Diary We want you to keep a diary of your experiences
since your accident. In addition to this daily record, we also ask you
to start describing a single day in the course of your life. In other
words, describe what you do when you get up in the morning, the first
thing you do after you go to work, what type of work and effort you put
into your employment, what activities you engage in after work, etc. In
other words, we need you to describe the changes in your working life,
your playing life, your life as a husband or wife or child or parent. In
your written description of your day, we would appreciate your
explanation in the greatest detail possible and in your own words how
the accident and subsequent injuries have affected your life, your
personality, and your outlook. And remember that suffering does not
entail mere physical pain; suffering can be emotional and can be
transmitted to your family, friends, and co-workers. When you have
completed this description, please return it to this office in the
enclosed envelope.
Keep a diary of all matters concerning this
accident-no matter how trivial you think it may be. You should include
notes on the treatments you receive, therapy, casts, appliances,
hospitalization, change of doctors, change of medication, symptoms,
recurrence, setbacks, disabilities and inconveniences. If you have any
doubt about the propriety of including some particular information,
please call the office and let us assist you.
6. Record expenses
You can also begin to set up a system for recording the expenses
incurred in conjunction with your claim in minute detail. Medical and
legal expenses are a strong part of the value of your lawsuit, so good
records of these expenses must be kept at all times.
From time to
time, however, there will be expenses incurred that you must keep track
of yourself. We ask you to make every effort to avoid any possible
error or inaccuracy as jurors have a relentless reverence for the truth.
Keep your canceled checks and your list of expenses together, for we
will need them at a later date.
Your attorney will keep track of
your legal expenses, which may include costs of filing, service of
process, investigation, reports, depositions, witness fees, jury fees,
etc.
7. Investigation and Filing of Civil Complaint in Superior
Court Procedurally, the following events occur in most personal injury
cases. First, your attorney must complete our investigation and file.
This will involve the collection of information from your physician,
your employer, and our investigator. We will need your Doctors to
provide us with copies of all bills, medical records and possibly a
medical report.
When we feel that we have sufficient information
to form an opinion as to the financial extent of your damages, we will
commence negotiations with the opposition for a settlement. If the
insurance company will not make an adequate offer, then a Complaint and
Case Information Statement is prepared by your attorney. It is filed in
the Superior Court, Law Division. Your attorney then will prepare a
summons and have the defendants personally served with the Summons and
Complaint. The defendant, through their insurance company, must file an
Answer within 35 days.
8. Interrogatory Questions and Discovery
The Answer is followed by a request for written interrogatories. These
are questions that must be answered by each party. The Superior Court
has set up certain Form Interrogatories which are contained in the Rules
of Court. Generally, written interrogatories are followed by the taking
of depositions, which is recorded testimony given under oath by any
person the opposition wishes to question. The deposition is just as
important as the trial itself. In the event you are deposed during the
course of this action, you will receive detailed instructions as to the
procedure and will be requested to watch a videotape. After taking
depositions, the case will be set down for an Arbitration. If the
parties do not settle after the Arbitration, the case will be given a
trial call date.
Altogether, these procedures may take from six
months to several years, and your patience may be sorely tried during
this time. However, it has been our experience that clients who are
forewarned have a much higher tolerance level for the slowly turning
wheels of justice.
9. Doctor/ Treatment It will help your case to
tell us and your doctors about any injury or medical problems before or
after your accident. Good cases can be lost by the injured persons
concealing or forgetting an earlier or later injury or medical problem.
Insurance companies keep a record of any and all claims against any
insurance company. The insurance company is sure to find out if you have
ever made a previous claim.
Tell your doctors all of your
complaints. The doctors records can only be as complete as what you have
given. Keep track of all prescriptions and medicines taken accompanied
by the bills. Also save all bottles or containers of medicine.
10.
Bills Retain all bills which relate to your damages, including medical
expenses, hospital expenses, drugs and medicines, therapy, appliances,
and anything needed to assist you in your recovery. If possible, pay
these bills by check or money order, so that a complete record may be
kept. If this is not possible, be certain to obtain a complete receipt
with the bill heading on it, to indicate where the receipt came from and
the party issuing it.
11. Evidence Be certain to keep anything
that comes into your possession which might be used as evidence in your
case, such as shoes, clothing, glasses, photographs, defective
machinery, defective parts, foreign substances which may have been a
factor in your accident, etc. Be sure to let the office know that you
have these items in your possession.
12. Photographs Take
photographs of all motor vehicles, accident site, etc., that may be
connected directly or indirectly with your accident. Again, be sure to
let the office know that you have such photographs.
13. Keep your
attorney advised Keep this office advised at all times with respect to
changes in address, important changes in medical treatment, termination
of treatment, termination of employment, resumption of employment, or
any other unusual change in your life.
14. Lost wages Keep a
complete record of all lost wages. Obtain a statement from your company
outlining the time you have lost, the rate of salary you are paid, the
hours you work per week, your average weekly salary, and any losses
suffered as a result of this accident. Where possible, also obtain other
types of evidence such as ledger sheets, copies of time cards, canceled
checks, check stubs, vouchers, pay slips, etc.
15. New
information In the event that any new information concerning the
evidence in this case comes to your attention, report this to the
Attorney immediately. This is particularly true in the case of witnesses
who have heretofore been unavailable.
16. Do not discuss the
case The insurance company may telephone you and record the conversation
or send an adjuster (investigator) who may carry a concealed tape
recorder. You should not discuss your case with anyone.
Obviously,
we cannot stress too strongly that you DO NOT discuss this matter with
anyone but your attorney or immediate, trusted family. You should sign
no documents without the consent of this office. Remember that at all
times you may be photographed and investigated by the opposition. If you
follow the simple precautions which we have set out in your checklist,
we feel that we will be able to obtain a fair and appropriate amount for
your injuries. If you get any letters from anyone in connection with
your case, mail or fax them to your attorney immediately.
17.
Questioning If any person approaches you with respect to this accident
without your attorneys permission, make complete notes regarding the
incident. These notes should include the name and address of the party, a
description of the person, and a narrative description of what was said
or done. Under no circumstances should you answer any question(s). All
questions should be referred to your attorneys office.
18.
Investigation by Defendant Insurance Company Permit us to reiterate at
this time that the oppositions insurance company will in all probability
have a team of lawyers and investigators working diligently to counter
your claim. During the course of their investigation, it is quite
possible that they may attempt to contact you through various (and
sometimes, devious) methods. Please do not make their jobs any easier
for them by answering their questions.
We cannot emphasize too
strongly that you should refrain at all times from discussing this
matter with anyone--and that includes your employer, your relatives,
your neighbors, and even your friends. Of course, there are exceptions
to this rule.
If there are friends or neighbors or relatives who
know all of the facts and circumstances surrounding the accident and can
be of assistance to you, then they should be referred to this office so
that their natural sympathy can be channeled into an effective asset
for you.
Insurance companies pay money to claimants when they are
satisfied there are both liability and damages that support a recovery.
They can be expected to thoroughly investigate the facts of the
accident and any past injuries or claims. The insurance company will
obtain copies of all of the claimants past medical records.
19.
Surveillance by Insurance Companies Remember at all times that you may
be under surveillance and, therefore, subject to being photographed or
filmed by the adverse party. Be advised that there are cases where
photographs and films have been introduced in court showing claimants
who were allegedly in serious condition participating in activities
which they alleged they were unable to do. You do not have to live in
fear of being photographed, of course, if your cause is a just one.
However,
when carrying on your usual activities, keep in mind at all times that
you are subject to investigation. If you have been seriously injured, do
not do anything that will jeopardize your case during the course of
your daily life. You should always follow your doctors advice. If you
have to do things which cause you pain, this can usually be explained to
the full satisfaction of any court or jury.
There are cases
where the insurance agent has attempted to discredit a personal injury
plaintiff by taking movies of the claimant engaged in various physical
activities. In one case, large rocks weighing over one hundred pounds
were placed at the door of the garage during the night so that claimant
would have to be forced to remove the rocks in order to drive to work.
This, of course, was filmed and used to discredit the plaintiffs claim
in court.
20. The value of a case depends on the Permanent
Injury, medical treatment and doctors reports Undoubtedly, you have
questions as to how much your case is worth. We are going to be frank:
The fact of the matter is there can be no answer to this question until
we have completed the investigation in your case. Once we complete our
investigation, of course, we can make a determination as to the amount
of the defendants liability, if any, and even at that we will only be at
a starting point. After that, we must obtain all necessary information
concerning your lost wages, your disability, your partial disability,
your life changes, and your prognosis. You may rest assured of one
thing, however, and that is the fact that your case will not be settled
below its true value, that is the fair compensation for the injuries you
have received. You may also rest assured that no settlement agreement
will be entered into without your consent.
Conclusion We
appreciate that this is a great deal of information to absorb. We also
appreciate that our requests for clients assistance have been numerous.
However, we are certain that our clients appreciate having this
information from the outset. Each request and bit of information given
here represents an important part in recovering full value for your
injury. Therefore, we respectfully request your full cooperation. If you
have questions or concerns regarding these instructions, we encourage
you to feel free to contact the office at any time.
4. a. There is hereby established a body corporate and politic, with corporate succession, to be known as the New Jersey Motor Vehicle Commission. The commission shall be established in the Executive Branch of the State Government and for the purposes of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the commission is allocated, in but not of, the Department of Transportation, but notwithstanding this allocation, the commission shall be independent of any supervision and control by the department or by any board or officer thereof. The commission is hereby constituted as an instrumentality of the State exercising public and essential governmental functions, and the exercise by the commission of the powers conferred by this act shall be deemed and held to be an essential governmental function of the State.