Bike Accidents

Important Information You Should Know About NJ Motor Vehicle Schedule Suspension Hearings

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When you get a Schedule Suspension Notice in the mail from the New Jersey Motor Vehicle Commission (short for “MVC”), you may feel an array of different feelings, including fear of the unknown. You may not know what to do to protect your legal rights. This article discusses one of the most important steps you need to take after receiving such a notice.

Request a Motor Vehicle Suspension Hearing

The driver’s license suspension process should not be taken lightly. Losing your driving privileges could severely impact all aspects of your life, as well as the lives of your family members. One of the most important steps you need to immediately take after receiving a Scheduled Suspension Notice is to request a hearing to challenge the proposed term of the suspension and potentially eliminate the proposed suspension altogether.

This right, however, is not absolute, meaning that if you fail to set forth sufficient arguments as to why you deserve a suspension hearing, the MVC can deny your request. Challenging the denial of a suspension hearing is a difficult and expensive process, which is handled at the New Jersey Appellate Division. The denial of suspension hearings is rarely successful. It is best to hire an attorney to help you properly and successful request a suspension hearing in the first place.

How To Request a Motor Vehicle Suspension Hearing to Reduce or Avoid the Suspension of Your License

Similar to all other administrative suspensions, the New Jersey Motor Vehicle Commission provides motorists with a notice of the pending license suspension, called the “Scheduled Suspension Notice.” Once you have received this notice, you have the right to challenge the MVC’s suspension by requesting a Proposed Suspension Hearing. You or your attorney will need to inform the state that you intend to challenge the suspension by providing them with your grounds for the request in writing.

If the state grants your request, the Scheduled Suspension will be stayed (or continued) until your hearing before an administrative law judge or MVC representative. Once you are provided a date for the hearing, you must attend it. Your failure to attend the scheduled hearing without reasonable cause can result in serious penalties.

The Important of Hiring an Attorney To Assist You

You may be able to handle some legal affairs, such as fighting a simple speeding ticket on your own. However, other serious legal situations, such as the suspension of your driving privileges, demands the assistance of an experienced attorney to avoid the worse case scenario – in which case it would be to lose your driver’s license.

An experienced attorney will know how to properly word the formalized request to the state to increase the likelihood of getting you a Suspension Hearing. Without getting this hearing, it will be unlikely that you can avoid a suspension of your driving privileges.

Call Us

For more information or to schedule a free consultation with New Jersey traffic ticket attorney Dan Matrafajlo, please call the Law Offices of Dan T. Matrafajlo at (908) 248-4404.

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How to Recognize the Warning Signs of When a Dog May Bite

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Bad Dog

 

Approximately two percent of Americans are bitten by dogs each year. The financial losses from these dog bites exceed $1 billion annually. If you or a loved one has been bitten or attacked by a dog, you should immediately consult with a dog bite lawyer to protect your legal rights.

Why Do Dogs Bite?

There is a great deal of new scientific literature that sheds light on why dogs bite. According to the American Veterinary Medical Association, there are five reasons why dogs bite:

  • The breed and the parents of the dog. Aggression is a behavior that has simply been bred into some dogs and breeds of dogs.
  • Socialization. Some dogs have been desensitized to various stimuli, and some dogs will overreact to certain stimuli, such as children playing. A dog that has been poorly socialized will have less inhibition to bite. It also will be more likely than other dogs to engage in anti-social, biting behavior.
  • Dog training. Some owners have trained their dogs to be aggressive towards people. However, other dogs have received no training and also present a danger to humans.
  • Dog’s health. If the dog is in poor health or in pain, this can lead to biting.
  • Victim behavior. Some behaviors in the victim can encourage biting. This might include acting in an aggressive fashion towards the dog.

Signs Preceding an Attack or Bite

  • Snapping or growling. Dogs do this to let you know they are not happy. You should not approach a dog that is doing growling. Also, pay attention to when the dog growls or snaps. Some dogs do not like to be approached while they are eating, for example.
  • Tail wagging. Some people are surprised that dogs sometimes wag their tails before biting. This type of tail wagging is different, however. A happy dog will wag their tail and involve the entire body. A dog getting ready to bite will be rigid, and the tail may be wagging but pointed high.
  • Raided fur. Some dogs will have raised fur on their backs when they are afraid. If you see this in a dog, it is time to back off.
  • Rigid body posture. An aggressive dog about to bite will have a rigid posture. Ears and tail will be raised. On the other hand, a happy dog’s body is relaxed, ears low and has a wagging tail.
  • Cowering. If the dog’s tail is tucked and he is cowering, this may be a sign that he is afraid of something. Fearful dogs are not always biting dogs. Still, fear does boost the chance that he may lash out and bite.

Anyone who has been bitten by a dog should consult with an experienced personal injury lawyer. Generally, dog owners are responsible for the actions of their dogs. You may be entitled to damages in a personal injury lawsuit.

Bike Accidents

How much can I expect on a personal injury claim after a bike accident?

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personal injury claim after bike accident

If you’re on a bicycle and hit by another motor vehicle, there’s no metal skeleton surrounding you to protect you. There are no air bags to cushion impact with anything, and there is no seat belt to keep you from flying through the air. The only thing that’s going to stop you is the pavement, another vehicle or an immovable object. Because of these factors, bicyclists are much more likely than motorists to sustain serious injuries in accidents. There’s no set formula though to determine how much money you can get after a bicycle accident. As every individual is different, each case is different. You might be able to formulate an estimate though based on the nature and extent of your damages.

Economic damages
These damages are relatively easy to calculate. They’re objectively verifiable by a sum certain. Economic damages consist of elements like property damage, medical bills and lost income resulting from the accident. You should be reimbursed for all medical bills that you incurred in connection with the accident. This includes care and treatment on the day of the accident, and any reasonable medical treatment from that day on. Future care and treatment must be taken into consideration should your injuries require it. That’s why a medical determination of the nature and extent of your injuries is critical to your case. If your injuries resulted in you losing time from work, you should also be compensated for that loss of income. Future earnings should also be considered if warranted by the nature and extent of your injuries and your employment circumstances.

Non-economic damages
These damages are more difficult to quantify. The law says that you’re entitled to be compensated for all of your pain and suffering since the date of the accident. Should pain and discomfort be ongoing and/or permanent, you’re entitled to be compensated for that too. Pain and suffering always a hotly contested element of damages in an injury case. The more serious the nature and extent of the injury, the more pain and suffering can be awarded.

Emotional distress
This might be an element of damages in a bicycle accident. Emotional distress can consist of anxiety, fear, depression and sleep loss that was caused by the accident. In almost all cases, New York requires some type of physical injury along with the mental injury alleged. The threshold of injury is high.

Loss of enjoyment
If injuries are severe, a claim for loss of enjoyment of life can be made that’s consistent with the alterations you were required to make in your lifestyle because of the accident. Your daily life was diminished. Much like pain and suffering, loss of enjoyment cant’ be quantified either.

Punitive damages
We read about punitive damages much more often than they’re actually awarded. You need to prove that the person who injured you acted intentionally, maliciously, outrageously or with reckless disregard for your safety. Punitive damages are awarded if a judge or jury wants to send a message to society as a whole that others should not act in that way in the future.

Since every case is different, so are damages incurred. These are some of the things that you’ll want to take into consideration in estimating the value of a bicycle accident claim. The exact amount of any settlement or verdict is nearly impossible to calculate.