FAQs
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FAQs
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What is the law concerning the use of helmets for motorcyclists?
Motorcycle helmet laws actually vary widely from state to state and have changed quite a bit in the last 50 years. As it stands now, 19 states and the District of Columbia have statutes known as universal helmet laws requiring all motorcyclists to wear a helmet. Another 28 states require only some motorcyclists to wear…
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Can a person who has been found not guilty in a murder trial still be sued for wrongful death?
Yes. Murder is classified as a criminal act that the government will prosecute on behalf of the people. The burden of proof for guilt in a murder trial is the much higher standard of “beyond a reasonable doubt.” Whether or not that standard is met in a criminal trial, the defendant charged with murder can…
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How serious is the problem of distracted driving in the United States?
Whenever a motorist is preoccupied with an activity other than driving, he or she is considered a distracted driver. Every day, more than nine people are killed and more than 1,153 people are injured in traffic accidents involving a distracted driver in the United States, according to the Centers for Disease Control and Prevention. Distractions…
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What were the most dangerous holidays for driving in?
According to the National Safety Council, Independence Day, when drinking and driving was a major factor, took the dubious honor of being the biggest holiday period for fatalities and injuries. Memorial Day, with its onset-of-summer status, stood as the runner-up. Thanksgiving ranked in third place, followed by Labor Day in fourth place. The study sourced…
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Can a judge increase the damages awarded by a jury in a lawsuit?
Through the action known as an additur, a judge may, at his or her discretion, increase the amount a jury has awarded in a lawsuit. In the case of an additur, the judge will typically give the party that must pay the award the option of augmenting the award or undergoing a new trial. However,…
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What is the definition of negligence in law?
Negligence is typically associated with carelessness, but the term also has a more precise legal definition. It is the failure on the part of a tortfeasor — someone who has committed a tort, or civil wrong — to exercise a reasonable amount of care, which in turn has caused a foreseeable injury to another person…
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If negligence is proven in a personal injury case, can punitive damages be awarded?
Punitive, or exemplary, damages are almost nonexistent in negligence cases, which involve carelessness rather than wanton or intentionally tortious behavior. In cases that involve the latter two types of behavior, punitive damages are meant to punish the tortfeasor. Applicable examples would include cases of fraud or intentional infliction of emotional distress. Punitive damages may, however,…
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What is the legal definition of driving under the influence of alcohol?
Legally, the influence of alcohol is determined by the so-called blood alcohol concentration, or BAC, of a motorist. The maximum legal BAC has changed over the years. All state governments have generally lowered the limit in recent years. In New Jersey, a motorist is considered to be driving under the influence of alcohol if he…
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What is the statute of limitations for filing a personal injury case?
The statute of limitations, which is the law that sets the maximum period that someone can wait before filing a lawsuit, varies from state to state. It also depends on the type of case involved — whether it be personal injury, property damage, breach of contract or another type. For personal injury cases, New Jersey…
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How many fatal workplace injuries occur every year in the United States?
In 2012, there were 4,628 occupational fatalities in the United States, according to the most recent figures from the U.S. Bureau of Labor Statistics. That total represented the second-lowest annual total of such deaths since records for fatal injuries on the workplace were first compiled in 1992. Measured out, the percentages translated into 3.4 fatal…