Legal advice needed please...

[Accord16]

First of thank you for taking the time to look at my post and secondly thank you for your service to our country and communities.

Back on 7-22-10 I was in an MVA on 46 E in Clifton, NJ when a tractor trailer pulled out of his delivery location without even looking and blocked both lanes... I was about 50 or so yards away from this jerk when he pulled out going about 40 mph, I jammed on my brakes to avoid hitting him and was successful... I left a 120' of skid marks

A young driver who was following to close wasn't so lucky and hit my right passenger side at 45 mph then he veered right and hit the back of the Semi truck... Best part about it was the semi pulled up 50 feet after the accident and stopped and then took off!!!

Police and Fire dept responded and took myself and my fiance to the ER I followed up with my back specialist who prescribed me 4 weeks of PT and said I have a bad case of whip lash and a MRI might be needed if I didn't feel better after PT; i also suffered from back spasm and back pain radiating towards my butt.

I also went and saw a chiropractor who examined me and informed me that my pelvis had been shifted and i suffered a subluxation in my back from the trauma of the accident and that I would need to be treated almost every day for a month to two months. The chiropractor ordered an MRI and there were no herniated disc but he did see a small bulging disc and I found that I have a straightening of my lumbar lordosis.

Sorry for the lengthy post but a lot of people are telling me I should speak to a lawyer... I know there are a lot of ambulance chasers out there but Im wondering if I would be wasting my time with trying to get compensation... I for one am not a person who would sure for every little thing, im just trying to weigh my options...

Thanks again

Some extra info:

-The driver who hit me, his insurance company covered my damages 100%
-The damages to my car were in the amount of $13,400

[retdetsgt]

Contact your local bar association, tell them the situation and they will give you some referrals.

Many will give you a free consultation. You might talk to several and see what their contingency fee is. I wouldn't go with one that wants to do it for an hourly rate. Those don't expect to win.

You might also go to an orthopedic MD also. Chiropractors aren't as highly regarded in the courts as MD's.

[Accord16]

I have seen a orthopedic MD he's the one who prescribed me 4 weeks of PT... Thank you very much for your advice.

[Joeyd6]

Actually...before you do anything you need to do three things. First realize you live in the communist state of NJ where EVERYTHING is regulated! Even injury claims form car accidents.

Second, call your insurance company. In NJ your policy covers your injury bills no matter whose car you are in and no matter who is at fault. It does not effect your premiums and pays your bills after a deductible (usually $250 unless you tried to save a buck). This is called PIP or personal injury protection on your policy. The at fault drivers company has to reimburse you that fee by law and you can get that easily without a lawyer.

Then comes the third thing. NJ law states when you buy your car insurance you get two choices: verbal threshold and no threshold. You pick whihc one you want when you buy your policy in NJ.
Verbal Threshold
-Allowed to recover any out of pocket (PIP deductible, lost wages, ect...)
-Only allowed to collect more money if you sustain one of the following injuries:
1) Death
2) Dismemberment;
3) Significant disfigurement or significant scarring;
4) Loss of a fetus;
5) Displaced fractures; or
6) A permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement. An injury shall be considered permanent when the body part or organ, or both, has not healed to function normally and will not heal to function normally with further medical treatment. N.J.S.A. 39:6A-8. Bulging discs are not considered permanent in NJ.

Thus under state law, if you have this option, you are only entitled to your out of pockets costs and not a penny more. Nolawyer will help you as they can't file claims unless you have one of these injuries.

No Limitation/No Threshold
-This policy lets you get money for ANY reason. You can be in a minor fender bender and get hit, and if you have this policy collect for pain, suffering, inconvienance, etc.... Howvere insurnace companies will not pay through the nose for minor things. It is usually worth a few hundred bucks for simepl stuff, thousands for more complex.
-However, this policy cost DOUBLE the cost of a verbal threshold policy.

Every lawyer you call is going to ask you "Whats your threshold?" So get out your insurance policy and look at the DECLARATION PAGE. Then look for the "threshold" or "lawsuit limitation" box and post what it says. I am betting it says limitation and not zero/no threshold. If so you are screwd and no lawyer will take your case. If it says no threshold or zero, you hit a home run and get to a personal injury lawyer.

Thank your state goverment for making it a communist state.

[Ispbear]

Just a question and an observation.

If the driver that was at fault insurance company is covering everything 100%, what are you wanting to sue for?

Second, if you left 120 feet of skid your speed would have been between 49-52 mph and not 40 mph as you stated. So either you didn't leave 120 feet of skid or you were not traveling 40 mph.

[Samuel]

If you want legal advice - ask a lawyer...

[Joeyd6]

Just a question and an observation.

If the driver that was at fault insurance company is covering everything 100%, what are you wanting to sue for?

Second, if you left 120 feet of skid your speed would have been between 49-52 mph and not 40 mph as you stated. So either you didn't leave 120 feet of skid or you were not traveling 40 mph.

Since I started my career after college as a filed investigator, I always wonder. All bills get paid, and he is out of poicket nothing, but wants money. All this based on the fact a chiropracter stated he his pelvis shifted as a result of the accident and he now has a bulging disc. Really, and just how does the chiropracter know this if you were never seen by him before the accident? Maybe that is the way his back was prior to the accident as a result of sports/injuires, etc... ?

My faith in chiros is slim to none, especially since my wife was diagnosed by two as just have a misaligned spine, bulging discs, etc....and other nonsense, when three monthe of treatment did nothing and we hit a ortho, the original exrasy show none the mis-alignment and actually had a sciatic never issue. In addition, the TEAM of docs treating my wife said most adults at the age of 22, who have participated in athletics in high school or sports, end up with multiple "small bulging discs" they never find out about. He said it was nothing to worry about. When asked why my wife felt better after leaving, they equated it to icing a poor muscle...you feel good for a few hours, then you end up feeling like crap. That is why you have to go back.

Good cal on his speed ISP. Here is something else:
1) Route 46 has 2 lanes, 3 is some areas
2) Posted speed limit is 50 mph, except the Conrail underpass and 5th Avenue (approximate mileposts 61.60 to 62.20) where it is 35mph.
3) It is heavily traveld (lost of traffic) and has businesses lining the roads

[Accord16]

Actually...before you do anything you need to do three things. First realize you live in the communist state of NJ where EVERYTHING is regulated! Even injury claims form car accidents.

Second, call your insurance company. In NJ your policy covers your injury bills no matter whose car you are in and no matter who is at fault. It does not effect your premiums and pays your bills after a deductible (usually $250 unless you tried to save a buck). This is called PIP or personal injury protection on your policy. The at fault drivers company has to reimburse you that fee by law and you can get that easily without a lawyer.

Then comes the third thing. NJ law states when you buy your car insurance you get two choices: verbal threshold and no threshold. You pick whihc one you want when you buy your policy in NJ.
Verbal Threshold
-Allowed to recover any out of pocket (PIP deductible, lost wages, ect...)
-Only allowed to collect more money if you sustain one of the following injuries:
1) Death
2) Dismemberment;
3) Significant disfigurement or significant scarring;
4) Loss of a fetus;
5) Displaced fractures; or
6) A permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement. An injury shall be considered permanent when the body part or organ, or both, has not healed to function normally and will not heal to function normally with further medical treatment. N.J.S.A. 39:6A-8. Bulging discs are not considered permanent in NJ.

Thus under state law, if you have this option, you are only entitled to your out of pockets costs and not a penny more. Nolawyer will help you as they can't file claims unless you have one of these injuries.

No Limitation/No Threshold
-This policy lets you get money for ANY reason. You can be in a minor fender bender and get hit, and if you have this policy collect for pain, suffering, inconvienance, etc.... Howvere insurnace companies will not pay through the nose for minor things. It is usually worth a few hundred bucks for simepl stuff, thousands for more complex.
-However, this policy cost DOUBLE the cost of a verbal threshold policy.

Every lawyer you call is going to ask you "Whats your threshold?" So get out your insurance policy and look at the DECLARATION PAGE. Then look for the "threshold" or "lawsuit limitation" box and post what it says. I am betting it says limitation and not zero/no threshold. If so you are screwd and no lawyer will take your case. If it says no threshold or zero, you hit a home run and get to a personal injury lawyer.

Thank your state goverment for making it a communist state.

Thanks Joeyd6 but I live in NY not NJ, so I would assume that the same NJ insurance policy rules do not affect me? unless NY has some Soviet Union insurance law.

like I said a lot of people I know are telling me to go speak to a lawyer because Ive missed 3 weeks of work and some of my injuries might linger around for some time. I want to get into a law enforcement career and can't imagine that this would look good on the medical portion.

I said 120' of skid marks because the police report diagram states 120' feet of skid marks and it also states "driver one's skid marks are consistent with 40mph, which he stated". I also found this article on about.com. I'm not being rude, disrespectful or trying to prove you wrong; just found some info.

Measure the distance of the skid marks in feet and inches. If there are multiple skid marks, measure all of them and take the average.
2
Convert the measurement to a decimal by dividing the number of inches by 12 and adding the result to the number of feet. For example, if the skid mark was 120 feet 6 inches, you would divide 6 by 12 to get 0.5 and then add 120 to get 120.5 feet.
3
Estimate the drag factor of the road that you were traveling on. The drag factor represents how quickly a car slows down on a given surface. Asphalt roads usually range from 0.50 to 0.90, gravel from 0.40 to 0.80, ice form 0.10 to 0.25 and snow from 0.10 to 0.55. Usually skid tests will have to be performed after the accident to determine the exact drag factor.
4
Determine the braking efficiency based on how many skid marks are left. If a car leaves four skid marks the breaking efficiency is 100 percent. For each front wheel that is not skidding, subtract 20 percent. For each rear wheel that does not leave a skid mark, subtract 30 percent.
5
Calculate the skid speed by multiplying the drag factor times the braking efficiency times the skid distance times 30 and taking the square root of the result. For example, if the car skidded 120.5 feet on a road with a drag factor of 0.5 and left four skid marks, the car was going about 42.51 mph.

[retdetsgt]

My faith in chiros is slim to none, especially since my wife was diagnosed by two as just have a misaligned spine, bulging discs, etc....and other nonsense, when three monthe of treatment did nothing and we hit a ortho, the original exrasy show none the mis-alignment and actually had a sciatic never issue.

I think at least half their training goes into salesmanship. Some people swear by them, but I've never had any luck. For one, they always want to do a full xray or your spine. I asked one how would that affect the treatment since they're one trick ponies anyway. All the ever do is crack your back. He didn't have an answer. I never allowed them to subject me to full back radiation.

Frankly, when I hurt my back years ago, I wasn't that impressed by MD's either. Most just wanted to prescribe some sort of muscle relaxer (that put me to sleep) and call it good. I started going to an osteopath who combined some pain killers, but incorporated physical therapy and spine alignment. It a couple of weeks, I was fine after having back pain for months previous. Later I found an osteopath who was an orthopedist and he was a Godsend.

[Ispbear]

Thanks Joeyd6 but I live in NY not NJ, so I would assume that the same NJ insurance policy rules do not affect me? unless NY has some Soviet Union insurance law.

like I said a lot of people I know are telling me to go speak to a lawyer because Ive missed 3 weeks of work and some of my injuries might linger around for some time. I want to get into a law enforcement career and can't imagine that this would look good on the medical portion.

I said 120' of skid marks because the police report diagram states 120' feet of skid marks and it also states "driver one's skid marks are consistent with 40mph, which he stated". I also found this article on about.com. I'm not being rude, disrespectful or trying to prove you wrong; just found some info.

Measure the distance of the skid marks in feet and inches. If there are multiple skid marks, measure all of them and take the average.
2
Convert the measurement to a decimal by dividing the number of inches by 12 and adding the result to the number of feet. For example, if the skid mark was 120 feet 6 inches, you would divide 6 by 12 to get 0.5 and then add 120 to get 120.5 feet.
3
Estimate the drag factor of the road that you were traveling on. The drag factor represents how quickly a car slows down on a given surface. Asphalt roads usually range from 0.50 to 0.90, gravel from 0.40 to 0.80, ice form 0.10 to 0.25 and snow from 0.10 to 0.55. Usually skid tests will have to be performed after the accident to determine the exact drag factor.
4
Determine the braking efficiency based on how many skid marks are left. If a car leaves four skid marks the breaking efficiency is 100 percent. For each front wheel that is not skidding, subtract 20 percent. For each rear wheel that does not leave a skid mark, subtract 30 percent.
5
Calculate the skid speed by multiplying the drag factor times the braking efficiency times the skid distance times 30 and taking the square root of the result. For example, if the car skidded 120.5 feet on a road with a drag factor of 0.5 and left four skid marks, the car was going about 42.51 mph.

The problem is your drag factor, the average coefficient of friction for a asphalt or concrete road is .7 to .8!

ps. I'm an accident re-constructionist, don't try to school me on math, I've testified multiple times in civil court on these matters.

[Joeyd6]

Thanks Joeyd6 but I live in NY not NJ, so I would assume that the same NJ insurance policy rules do not affect me? unless NY has some Soviet Union insurance law.

They do have communist law here. You are 100% WRONG! In this case, NJ law states if your insurance company is licensed to sell insurance in NJ, then you are automatically demed a "VERBAL" and have no case at all based on your injuries. End of story there.

like I said a lot of people I know are telling me to go speak to a lawyer because Ive missed 3 weeks of work and some of my injuries might linger around for some time.

Your lost wages once proved (aka letter from employer saying you were out and paystubs showing average wages) are paid through your own PIP insurance. Also, for somebody to be out three weeks, they better have more than a diagnosis form a chiropracter. No insurance company is going to pay 3 weeks of lost wages from a MVA that has what are described as soft tissue injuries. The insurance company is going to say 3 weeks is unreasonable without a real doctors diagnosis and a letter from yoru employer saying they do not offer limited/restricted/alternate duty.

I want to get into a law enforcement career and can't imagine that this would look good on the medical portion.

You suing for a personal injury looks worse and will red flag for sure in the NYPD as you will have to list injuries forever.

[cntryboy0531]

Not to mention, is the site of the crash on an uphill or downhill grade? Is there any kind of banking to the road that would cause also superelevation to be taken into account? A lot of things can effect a minimum speed calculation.

[Accord16]

I appreciate your responses and your honesty, i hope you do not feel I was second guessing or trying to prove you wrong... Have a great and safe holiday.