New Jersey Personal Injury Lawyer

Two NJ Transit commuter trains collided during the early evening hours of December 19, 2024, in Montclair, New Jersey.  The collision caused injuries to over a dozen people, and it caused one train to derail.  The train accident happened just west of the  Bay Street Station on the Montclair Booton Line at approximately 6:47 PM.  Ambulances were reported to have left the scene taking injured passengers to local hospitals.  The collision disrupted commuter rail travel, shutting down rail service in both directions just as the start of  the weekend before the holidays as many ended their week and looked forward to a peaceful Christmas and holiday season.  

Fortunately, initial reports indicate that no fatalities occurred  and that the injuries appeared to be non-life threatening.  At least six people were taken  by ambulance to local hospitals while eleven others suffered assorted non-specified injuries.  The injured included three passengers and three crew members.  

New Jersey Transit officials have begun their investigation while emphasizing that passenger safety remained New Jersey Transit’s top priority.  Train wrecks are also investigated by the National Transit Safety Board (NTSB) who will determine the cause of the commuter train collision.  Other federal agencies including the Federal Railroad Administration are participating in the investigation as well.  These agencies, together with New Jersey Transit will investigate and report on who or what caused the collision and what future steps are necessary to avoid the same or similar train accidents.

According to reports this is the second recent derailment near the Bay Street Station on the same Montclair Booton rail line.  Restoration of full rail service depended upon removing both damaged  trains, inspecting the track and safety systems, and  satisfying the investigators’ safety concerns.  An investigation like this could take weeks or longer.  

In simple terms, the derailment was caused by the collision between two trains, but the exact cause is the subject of further investigation.  Train wreck accident reconstructions investigate possible causes including human error, malfunction of computer and signal equipment, potential braking issues, train maintenance, and weather-related causes.  New Jersey experienced extreme weather conditions of high winds and rain during the early evening of Friday which could have contributed to the train wreck.  Photographs show property damage to the train’s heavily steel front end.  

Train accidents trigger medical  and legal issues for injured passengers.   Local emergency responders continuously drill and train for the same or similar events as do emergency room triage nurses and physicians.  The more seriously injured passengers are generally admitted to a hospital for further evaluation and medical treatment, possibly including surgery.  Less injured passengers are usually discharged; however, as the days and weeks follow their soft injuries could signal serious permanent and painful injuries to their neck, back or extremities.  As they seek medical treatment many passengers that suffered injuries begin to explore their legal options as they incur unanticipated medical bills and lose wages due to sick leave.   This is where things can get legally complicated, causing many injured train passengers to seek answers to their legal questions.

As a passenger on a train, whether it is a New Jersey Transit or Amtrak train, the railroad rail line is considered a common carrier who under the law owes the highest duty of care to avoid injury to its passengers.  That is the law in the State of  New Jersey and most other jurisdictions.  Innocent passengers that are victims of a train wreck are also in a better legal position since as a passenger, they cannot have contributed to the cause of a train collision, and thus one would think that as a rail accident victim they would be entitled to the full extent of compensation for their injuries and economic losses.   

The legal analysis is just not that simple because New Jersey Transit is a legal entity created and operated by the State of New Jersey and thus subject to the laws regarding lawsuits and claims against New Jersey, its counties, municipalities, and political entities such as the New Jersey Transit Corporation .  Similar rules apply to  bus accidents and bus and train accidents involving The Port Authority of New York and New Jersey (PANYNJ). 

Specifically, as a state-run entity New Jersey Transit it protected by New Jersey’s Tort Claim Act officially know as Title 59  as found in N.J.S.A. 59:1-3 which provides for immunity from claims and lawsuits unless the injured person complies with certain notice requirements and meets certainly injury thresholds.  

One would ordinarily think that New Jersey’s two year statue of limitations law allow train accident victims two years to act but the reality is that someone injured in a New Jersey Transit train wreck has only ninety (90) days from the day of the train accident to file a special notice, to a special address, on a special form delivered to the correct person or entity called a Tort Claims Notice.  This is an absolute requirement with few exceptions except for an injury to a minor who is given an additional 90 days from their 18th birthday to provide notice.  The filing of the tort claims notice is the first hurdle.  Failure to do so is usually fatal to a potential claim.  Any attempt to file a late notice claim requires a court order from a New Jersey Superior Court Judge requested within one year after the accident and after showing exceptional circumstances for the delay in filing within the initial 90-day required time limit.   

After that, the injured person must wait 6 months to file a lawsuit to allow New Jersey Transit or other governmental entities time to investigate the claim.  The injured person must prove the following :  (1)  timely filing of the notice of claim (2)  medical bills of a minimum of $3,600 and (3) a permanent injuries which is often the most complicated part of the equation and usually requires hiring a qualified New Jersey personal injury lawyer who has experience handling train accidents and suing public entities such as New Jersey Transit.   The New Jersey lawsuit must be filed within the state’s two-year Statute of Limitations.  The Office of The Attorney General of the State of New Jersey will defend the lawsuit. 

Clearly the toughest part to prove is that the injury is permanent.  Ironically, a well-documented soft tissue injury to a person’s neck or back could qualify while a fracture repaired with hardware may not break the New Jersey Tort Claims Act injury threshold.   

For that reason, it is important to contact as soon as possible an injury lawyer who has experience with New Jersey Transit lawsuits to complete and file your Tort Claims Notice within the 90th time period.  The notice should be filed early even if the required $3,600 of medical treatment bills has not been incurred or billed.  It should be filed and served upon New Jersey Transit as soon as possible to protect any potential injury claims.  

After that, your lawyer should monitor your medical treatment and investigate your permanent injuries to determine which injury will qualify for compensation.  According to attorney Samuel L. Davis, an attorney who is certified by the Supreme Court of New Jersey as a Civil Trial Attorney, “It is never to soon to consult with a qualified lawyer so that your  legal rights will be protected and your accident-related injuries are well documented.”  

Attorney Sam Davis, a founding partner of New Jersey’s Davis, Saperstein & Salomon, P.C. knows fully about train collisions and derailments.  Years back he represented an electrical engineer that  won a $1,425 million settlement for injuries suffered  in a New Jersey Transit Train accident that happened in Hoboken on September 29, 2016. Davis, an experienced trial attorney credited with multiple eight figure settlements or verdicts, is a founding partner of  the New Jersey and New York law firm Davis, Saperstein & Salomon, P.C. Sam Davis is an expert in personal injury litigation and is an expert in train and rail accident litigation. Twice during the past ten years, the New Jersey Law Journal, a publication relied upon by New Jersey’s lawyers and judges since 1878  accredited Davis with winning the highest reported personal injury verdict or award of the year in the State of New Jersey.   

Samuel L. Davis, who represents clients and accepts cases on a contingent fee basis can be contacted for a free consultation by calling Davis, Saperstein & Salomon, P.C. at 1-800-LAW-2000, or by email at info@dsslaw.com and also sam@dsslaw.com.

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The holidays usually mean spending quality time with loved ones, feeling grateful, and, of course, food and drinks. Still, every year, law enforcement across New Jersey, New York, and the nation prepares for the predictable pattern of increased drunk and impaired driving during the holidays. Sadly, according to the National Highway Traffic Safety Administration, from 2019 to 2023, 868 people were killed in drunk driving crashes during just the Thanksgiving holiday period.

Despite the rise of rideshare apps like Uber and Lyft, too many drivers still risk driving under the influence of alcohol, marijuana, and other drugs, causing the number of fatal accidents to rise. Drivers, passengers, and pedestrians often suffer the consequences of others’ reckless and careless decisions, especially during the Thanksgiving-to-New Year’s holiday period, when those statistics climb even higher. The National Safety Council (NSC) predicted, with a 90% confidence interval, that during the 2025 Christmas holiday season, there will be an estimated 131 traffic deaths. Additionally, it was projected that during the 2026 New Year’s Day holiday period, 179 people may die on U.S. roads. Both holidays cite alcohol consumption as a major contributing factor to the increase, even with the growing popularity of rideshare apps and widespread education of the risks.

Understanding New Jersey’s Drunk Driving Laws

Under New Jersey Statute N.J.S.A. 39:4-50, it’s illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher. For commercial drivers, the limit is 0.04%, and for anyone under 21, any detectable amount of alcohol can lead to charges. Penalties for drunk driving in New Jersey can include:

• Fines and license suspension
• Mandatory alcohol education programs
• Installation of an ignition interlock device
• Jail time

While criminal penalties are intended to punish the offender, they do very little to help victims and families recover from the physical, emotional, and financial toll of a drunk driving crash. That’s where an experienced New Jersey drunk driving accident attorney can make all the difference by helping to pursue compensation for the irreversible harm, damages, and economic and non-economic losses caused by someone else’s negligence.

How to Stay Safe on the Roads This Holiday Season

The decision not to drive while impaired is simple, despite what statistics show about how often DWI crashes happen. Even if you are not driving under the influence, there are a few simple choices that can dramatically reduce the risk of being involved in a crash:

• Plan ahead – If alcohol will be part of your plans, arrange a sober ride or stay overnight.
• Avoid driving late at night – Most fatal drunk driving crashes happen between midnight and 3 a.m.
• Buckle up – Seat belts save lives, especially when others could be driving recklessly.
• Stay alert – If you notice a car swerving, speeding, or braking erratically, keep your distance and contact law enforcement if needed.
• Drive defensively – Don’t expect other drivers to be sober. Stay focused, avoid distractions, and always expect the unexpected.

Skipping a holiday drink doesn’t mean missing out on the celebration, but it does mean that being responsible and ensuring everyone gets home safely are essential when the alternative could be a preventable tragedy.

Where Drunk Driving Crashes Happen Most in New Jersey

Drunk driving Crashes can happen anywhere, but certain highways in New Jersey have seen more than their share of tragedy, especially during the holiday season. Some of the most dangerous New Jersey roads and highways include:

• Garden State Parkway – Stretching from Bergen County to Cape May, this major highway sees heavy holiday traffic and a high number of impaired-driving incidents.
• New Jersey Turnpike (I-95) – One of the busiest roadways in the nation, where speed and fatigue can make impaired driving even deadlier.
• U.S. Routes 1 and 9 – Particularly through Hudson, Essex, and Union Counties, where nighttime and weekend crashes are common.

For those traveling through the state’s busiest counties, Bergen, Hudson, Union, Middlesex, Passaic, Essex, and Morris Counties, and the greater New Jersey, New York region, it’s essential to stay alert, avoid late-night drives when possible, never drive while impaired, and plan ahead to stay safe all year round.

What to Do If You’ve Been Hit by a Drunk Driver

If you’ve been injured or lost someone due to a drunk driver, it’s natural to feel overwhelmed. Taking the right steps early on can protect your rights and help your recovery in the long run.

• Get medical help immediately – Even if injuries seem minor, some serious injuries take time to appear, so report everything, no matter how it appears.
• Document everything – Photos, witness information, police reports, and details about the driver’s behavior.
• Contact a skilled New Jersey injury lawyer as soon as possible – An experienced attorney can launch an investigation, secure critical evidence, and build your case.
• Know your rights – You may be entitled to compensation for medical costs, lost income, pain and suffering, and, in wrongful death cases, funeral expenses and loss of companionship.

Victims of drunk driving crashes deserve justice, and having a strong legal team by your side ensures your voice is heard and justice will be pursued and secured.

The Importance of Having an Experienced New Jersey Injury Attorney

At Davis, Saperstein & Salomon, P.C., the focus is always on helping victims rebuild their lives after devastating accidents with experienced attorneys who genuinely care and understand how devastating the aftermath of a drunk-driving crash can be. With over 40 years of proven experience, the firm has proudly recovered over $1 billion in verdicts and settlements and has helped more than 40,000 clients and families secure the justice they deserve after being injured by another’s negligence.

For Partner Steven Benvenisti, Esq., this issue is far more than professional – it’s personal. When he was a senior at The College of New Jersey, he was walking when he was struck by a drunk driver, leaving him with catastrophic injuries, including two broken legs and a severe traumatic brain injury. After 15 surgeries and months of rehabilitation, he miraculously made a full recovery and went on to graduate with honors from college and finish at the top of his class in law school. He has since dedicated his career to representing victims of drunk driving crashes, fall-down incidents, pedestrian accidents, and wrongful death cases throughout New Jersey, as well as becoming a notable advocate for drunk driving prevention.

Steven is Certified by the Supreme Court of New Jersey as a Civil Trial Attorney, a distinction held by less than 3 percent of New Jersey’s practicing lawyers. He is also the President of the New Jersey Chapter of Mothers Against Drunk Driving and the Co-Chairman of MADD National. Since his presidency, he has served as a MADD National Ambassador, becoming a powerful force for drunk driving prevention in New Jersey. He spends significant time educating others on the risks and tragedies that come with careless DWI crashes from both his personal experience and his long legal career.

Regarding holiday drunk driving, Steven stated:

“As a personal injury attorney, a MADD National Ambassador, and a survivor of being struck by a drunk driver while I was walking at 21 years old, I’ve seen firsthand how one reckless decision can change a life forever. This holiday season, the greatest gift you can give is making it home safely, and ensuring everyone around you does, too. Plan a sober ride before the first drink, take the keys from someone who shouldn’t be driving, and speak up even when it’s uncomfortable. Your choices can be the difference between a joyful celebration and a lifelong tragedy.”

Steven’s story and passion for change are shown in his commitment to hold drunk drivers accountable and seek justice for victims and their families. To read Steven’s story, “Spring Break, a True Story of Hope and Determination”(2012), available through Amazon or directly to families in need of comfort and motivation by calling him on his cell phone (201) 500-LAWS.

If you have been injured due to a drunk, careless, or negligent driver, call an experienced New Jersey drunk driving accident attorney or wrongful death lawyer immediately, someone who understands what you’re going through, knows how to fight for your rights, and will start building a case right away. The experienced legal team at Davis, Saperstein & Salomon, P.C. is here to help navigate recovering the compensation deserved while the client and their families focus on healing.

When You Need Help, We’re Here

The holiday season should bring joy, reunion, and warmth, not tragedy. If your holiday was forever changed by another’s reckless decision to drink and drive, or if you have questions about your rights after an accident, we are here to help. At Davis, Saperstein & Salomon, P.C., we’ve seen firsthand how drunk driving destroys lives in a matter of seconds, and you don’t have to go through it alone.

The experienced New Jersey drunk driving accident attorneys and NJ wrongful death lawyers at Davis, Saperstein & Salomon, P.C. offer free consultations and second opinions and have offices throughout New Jersey and New York City. With over $1 billion recovered in verdicts and settlements for more than 40,000 clients and their families, the firm has extensive experience handling drunk driving accident cases, including some of New Jersey’s most devastating tragedies. Their skilled New Jersey lawyers will work with experts to determine the cause and parties responsible for the accident, so victims can focus on healing and getting back on their feet.

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This holiday season, Sam Davis, founding partner of Davis, Saperstein, & Salomon P.C., wants to remind everyone about the importance of fire safety. With decades of experience supporting and representing burn victims, Sam recently met with Fire Chief Steve Naylis to discuss the most common types of fires and how to prevent them.

Simple dangers we can overlook like candles, holiday lights, fireplaces, etc., are always important to pay attention to, but most fires this season are in the kitchen. Stovetop fires quickly get out of hand so learning how to put them out effectively can lessen the damages of a fire and save lives. The biggest and most dangerous mistake people make with kitchen fires is to pour water on it, DO NOT POUR WATER ON A STOVETOP FIRE. The water will cause the fire to expand and explode into a much larger fire, so it’s best to use a fire blanket to smother it instead of inciting it.

If needed, here are directions for fire blanket use:

1. Assess the Situation: First, make sure the fire is manageable and not out of control. If it’s too large or spreading, evacuate immediately and call emergency services.
2. Turn Off the Heat Source: If it’s safe, switch off the stovetop burner.
3. Retrieve the Fire Blanket
4. Hold the Blanket Properly: Grip the top edges or handles of the blanket to protect your hands. Make sure the blanket is held in front of you, like a shield.
5. Approach Carefully: Move toward the fire slowly and avoid sudden air movement that might spread the flames.
6. Place the Blanket Over the Fire: Gently lay the fire blanket completely over the flames, starting from the nearest edge and moving forward to smother the fire. DO NOT! throw or drop the blanket, this can fan the flames!!
7. Leave the Blanket in Place: Keep the fire blanket on the stovetop to ensure the fire is fully suffocated and cooled down.
8. Monitor for Safety: Watch for any signs of smoke, smoldering, or reignition.

Most Important! Always prioritize your safety, if the fire grows or becomes unmanageable, evacuate and call emergency services.

From Sam and all the partners at Davis, Saperstein, & Salomon P.C., we wish you and your loved ones a happy, healthy, and safe holiday season!

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This October, emergency responders and fire officials were called to the scene of a tragic construction accident at the Gateway Tunnel project site in Manhattan. Authorities reported that a 52-year-old construction worker fell approximately 50 feet into a pit beneath the surface of the Hudson River rail tunnel project. Despite quick rescue efforts from responders, he later passed away while in the hospital. Work at the site has paused due to the investigation into the accident by both federal and local safety officials.

The worker, who was doing work with concrete at the time of the incident, was part of a crew working on one of the largest construction undertakings in the region to create new rail tunnels that will connect New York and New Jersey. This devastating event highlights concerns with construction safety standards and the dangers faced by construction workers on job sites across the city.

At Davis, Saperstein & Salomon, P.C., the firm has helped more than 35,000 clients and their families get back on their feet after suffering workplace injuries, including wrongful death actions, and other losses caused by others’ negligence. The team of attorneys and staff extends our heartfelt condolences to the worker’s family, friends, and co-workers. Our attorneys emphasize that families are entitled to grieve, feel anger, and seek justice, while having a trusted legal team handle the complex process of pursuing claims.

The recent Hudson River tunnel accident is a sobering reminder of the dangers construction workers face every day. Families left behind deserve answers, accountability, and justice for their negligent loss. The attorneys at Davis, Saperstein & Salomon, P.C. are not only skilled in navigating the complexities of New York Labor Law but also deeply committed to the well-being of their clients. One significant case that Partners Marc C. Saperstein, Esq., Luis Haquia, Esq., and Rachael Nass handled involved a worker who fell while working on a roof in Brooklyn, New York. The attorneys fought tirelessly for the injured worker’s rights at trial, and the jury awarded a $20 million verdict for the client. If you or a loved one has been injured on the job, or if your family has suffered a wrongful death caused by unsafe working conditions, the attorneys at Davis, Saperstein & Salomon, P.C. are here to help. To speak with one of our experienced attorneys, call (646) 444-4444 or contact us to schedule a free consultation.

Construction Work: Among the Most Dangerous Jobs in New York City

Every year, New York construction sites account for some of the highest rates of serious injury and death in the nation. Projects like the Gateway Tunnel involve extreme conditions, including excavation, concrete pours, and work performed dozens of feet both below and above ground. These environments demand strict adherence to safety laws; even small skips in safety steps can result in catastrophic injury or death.

Common causes of construction site accidents include:

• Falls from heights due to inadequate fall protection
• Uncovered pits or openings, scaffolding, or structural collapses
• Inadequate supervision or site training
• Equipment malfunctions and maintenance failures

Under New York Labor Law, site owners, general contractors, and subcontractors have a duty to maintain safe working conditions. When they fail, they may be held legally responsible for the resulting injuries or deaths.

When a worker is injured or killed on the job in New York, several important laws come into play. For example, the New York Workers’ Compensation Act ensures that employees injured during employment will receive benefits, regardless of fault. These include:

• Medical treatment paid by the employer or insurer
• Wage replacement while unable to work
• Disability benefits for lasting injuries
• Death benefits and funeral expenses for the surviving families

However, workers’ compensation does not cover pain and suffering or hold negligent parties accountable. That’s why many workers and their families also pursue additional claims under New York’s Labor Law. A skilled and experienced New York personal injury attorney will help to navigate and investigate all avenues of compensation so clients can get the justice they deserve.

New York’s Labor Laws

New York has some of the strongest and strictest worker protection laws in the country, particularly when it comes to falls, unsafe scaffolding, and excavation hazards.

• Labor Law § 240(1) – commonly known as the “Scaffold Law” requires contractors and owners to provide adequate safety equipment for workers whose jobs involve working at high heights and who are exposed to height-related risks. If they fail to do so, and a worker is injured in a fall, they may be held strictly liable for resulting damages.
• Labor Law § 241(6) – mandates that construction sites strictly follow all specific state safety codes and regulations, such as proper coverings for floor openings, secure scaffolding, and sufficient lighting in underground work areas.
• Labor Law § 200 – As well as common-law negligence, protects workers from unsafe site conditions and failures in supervision.

These laws exist to protect workers on the job and ensure accountability when preventable accidents like the recent Gateway Tunnel accident occur during complex builds.

Wrongful Death and Third-Party Claims

Additionally, workers or their families on their behalf may pursue a third-party lawsuit if someone other than the direct employer contributed to the accident. This could include:

• Property owners who failed to maintain safe conditions
• General contractors or subcontractors are responsible for safety protocols
• Equipment manufacturers, maintenance, or suppliers of defective materials
• Engineers or architects whose designs or supervision led to unsafe conditions

These claims are often complex and time-sensitive, requiring immediate investigation to preserve evidence and determine all potentially liable parties before the statutes of limitations expire and evidence is lost.

Common Construction and Workplace Injuries

Construction sites expose workers to countless hazards that can cause severe or even fatal injuries. Among the most common are:

• Traumatic brain injuries (TBI) from falls or impacts
• Spinal cord injuries
• Broken bones and crush injuries
• Burns, electrocution, or chemical exposure
• Internal injuries from blunt-force trauma
• Overexertion and repetitive strain injuries

Awareness of the possible risks, along with proper training, safety gear, and enforcement, are all key steps needed to prevent tragedy before it happens. Unfortunately, as seen in the recent Gateway Tunnel accident, even experienced workers on professional job sites can be put in unsafe conditions.

When a worker loses their life on the job, surviving family members may have rights and be able to seek justice under New York’s Wrongful Death Law (EPTL §§ 5-4.1, 5-4.3). These claims can provide compensation for lost income, funeral expenses, loss of parental guidance, and other economic losses that the family suffers.

Navigating the aftermath of a workplace death or severe injury can be overwhelming. Medical bills, insurance forms, and investigations can quickly pile up while families are still coping and grieving. Having an experienced New York attorney on your side can make all the difference by handling the legal process so clients can focus on healing.

An experienced NY personal injury attorney will:

• File and manage a workers’ compensation claim
• Identify potential third-party defendants for additional compensation
• Ensure all legal deadlines are met
• Handle negotiations and court filings
• Maximize all possible options to recover losses and damages for clients and families

The Davis, Saperstein & Salomon, P.C. team has decades of experience handling catastrophic cases and understands that every case represents a family whose life has been forever changed. They fight to secure justice with both compassion and unwavering dedication.

Call Davis, Saperstein & Salomon, P.C. Today

With over 40 years of experience, 35,000 families helped, and over $1 billion recovered, the firm combines compassion, strength, and legal expertise to secure justice for clients across New York and New Jersey. To speak with one of our experienced attorneys, call (646) 444-4444 or contact us to schedule a free consultation.

Serving Clients and Families Across New York & NJ

With offices in New York and New Jersey, Davis, Saperstein & Salomon, P.C. proudly represents clients throughout the metropolitan area, including:

• Manhattan, Brooklyn, Queens, the Bronx, and Staten Island
• Westchester and Hudson Valley regions
• Northern New Jersey, including Bergen, Hudson, Essex, Passaic, Union, and Middlesex Counties

Wherever a construction accident occurs in New York or New Jersey, the firm’s team of New York and New Jersey attorneys is ready to act quickly to protect your rights and your future.

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Understanding Auto Insurance Policy Exclusions in New Jersey

For many New Jersey drivers, auto insurance can be one of the most confusing yet critical parts of financial protection. After an accident, realizing a loss isn’t covered due to a hidden exclusion in an insurance policy can not only be frustrating but devastating. Knowing exactly what an auto policy does and does not cover can make all the difference when filing a claim or seeking legal compensation.

What Auto Insurance Typically Covers

Most New Jersey auto insurance policies offer several types of coverage, including:

• Bodily Injury Liability: Covers injuries caused to others in an accident for which the insured is at fault.
• Property Damage Liability: Pays for damage to another person’s property, such as their vehicle or a structure.
• Personal Injury Protection (PIP): Covers medical expenses and lost wages for the policyholder and passengers, regardless of fault.
• Uninsured/Underinsured Motorist Coverage: Provides protection if the at-fault driver has no insurance or insufficient coverage to pay for damages.

While these coverages can make it seem as if everything is covered by insurance, each section has exclusions, specific circumstances, or uses that the policy will not cover.

Common Auto Policy Exclusions in New Jersey

1. Unauthorized Use of a Vehicle

If the vehicle is used without the owner’s permission, any accident that follows will typically be excluded from coverage. This situation can be classified as a theft, and insurers will generally deny these claims.

2. Commercial or Rideshare of a Personal Vehicle

Many policies exclude accidents that occur while transporting passengers or goods for pay, which includes rideshare services such as Uber or Lyft. Drivers who use their personal vehicles for these services or for income should also consider adding a separate commercial or rideshare coverage to their policy.

3. Acts of Nature

Natural events such as floods, hail damage, or falling trees are not covered under basic liability policies. These incidents are only covered if the driver has comprehensive coverage, which protects against non-collision-related losses.

4. High-Risk Driving

Any accident that happens while racing, during speed tests, or in driver skill training, even on private property, is usually excluded. Personal auto policies are designed for standard, everyday driving, not for any type of high-risk or competitive driving.

5. Intentional Damage or Harm

If a vehicle is used to intentionally cause injury or damage, the insurer will deny the claim. This includes road rage incidents or using a car as a weapon.

6. Modified Vehicles or Unapproved Technology

As vehicles evolve, insurers are adding exclusions for self-driving or other technologically advanced cars. Coverage may be denied if a vehicle has any unauthorized modifications that will affect safety or performance.

7. Motorcycles, ATVs, E-Bikes, and Other Non-Standard Vehicles

Many personal policies exclude vehicles with fewer than four wheels or those not designed for public roads. This means motorcycles, mopeds, and off-road vehicles often require separate policies.

8. Concealing Additional Drivers or Named Insureds

Some families hide the fact that a car is assigned to a teen driver or a family member with a poor driving record. An insurance company can disclaim coverage as being fraudulent.

9. Dishonesty Regarding True Location of Where a Car is Garaged

The location of a person’s residence, housing a car, may affect insurance premiums, especially if the location is in a high-crime district. People often try to register a car without someone in the suburbs and garage in a city, which can constitute insurance fraud and cause a disclaimer of automobile insurance coverage.

10. Failing to Disclose and Insure an New Jersey Registered Vehicle

In New Jersey the law requires all registered vehicles must be insured. Aside from financial fines and penalties, anyone driving an uninsured vehicle that is involved in an automobile accident will not be permitted to collect medical benefits and will not be allowed to sue the negligent driver for their injury and losses.

Why Policy Exclusions Can Be Confusing

Insurance contracts are filled with technical language and fine print that makes it difficult for clients to fully understand their rights. Even small wording differences between insurance companies can create significant changes in policy and coverage gaps.

After an accident, it’s common for people to assume that insurance will cover everything, only to later find out that certain damages are excluded. That’s why it’s essential to review the policy coverage details carefully and seek legal help from an experienced New Jersey injury lawyer who can interpret terms and advocate on behalf of the injured.

How an Experienced New Jersey Personal Injury Attorney Can Help

When insurance companies delay, deny, or limit valid claims, a skilled attorney can step in to protect the victim’s rights and pursue full compensation. The team at Davis,

Saperstein & Salomon, P.C. has had extensive experience handling car accidents, truck accidents, wrongful deaths, and other cases that cause injuries, damages, and losses due to others’ negligence across New Jersey. Understanding insurance exclusions is only the first step in protecting yourself and your family. When serious injuries, damages, or losses are caused by others’ negligence and carelessness, knowing where to turn for help matters most.

Davis, Saperstein & Salomon, P.C. Partner Garry R. Salomon, Esq., is certified as a Civil Trial Attorney by the Supreme Court of New Jersey, an honor bestowed upon less than 2% of all New Jersey lawyers. The National Trial Lawyers, an educational organization for trial attorneys, has also recognized him in New Jersey as a member of the “Top 100 Trial Lawyers”. He has further been recognized by Martindale-Hubbell, a highly respected and reputable attorney peer review rating organization, conferring upon him their highest rating as an “AV” rated attorney, along with many other awards and honors throughout his career as a personal injury lawyer. For information regarding the methodology or how these organizations rate attorneys please click here.

Along with his many recognitions for his work in the personal injury legal field, he also co-authored, along with attorney Jeffrey E. Salomon, Esq., The Consumer’s Guide to New Jersey Personal Injury Claims, 2nd edition, a book designed to help people who have been injured due to someone else’s negligence. It is an easy-to-follow guide to personal injury claims that explains some of the simple steps that can help your case and common mistakes that can hurt it.

If you would like a copy, the book can be purchased on Amazon.com, or a free copy can be shipped free of charge to you by clicking the link or calling Davis, Saperstein & Salomon, P.C. at 1-800-LAW-2000.

Call Davis, Saperstein & Salomon, P.C. Today!

If an auto accident has resulted in injuries, financial losses, or denied insurance claims, contact Davis, Saperstein & Salomon, P.C. for a free consultation. Our New Jersey auto injury lawyers are dedicated to uncovering every possible source of recovery for losses and damages, whether through insurance, the at-fault driver’s policy, or other responsible parties. We take pride in standing up for accident victims when insurance carriers fail to honor their obligations.

Our NJ attorneys have spent more than 40 years helping clients navigate complex insurance claims and recover the compensation they deserve. With over $1 billion recovered for more than 35,000 clients and their families, our firm understands how overwhelming it can be to deal with insurance companies after a serious crash, and how easily clients’ rights can be overlooked.

Call today. Understanding your policy is just the beginning. Clients seeking experienced personal injury lawyers near Teaneck, Newark, Colonia, Pennington, Jersey City, Hackensack, Princeton, Bergen County, Morris County, Passaic County, Essex County, Union County, or anywhere in the New Jersey or New York City area can contact Davis, Saperstein & Salomon, P.C. at 1-800-LAW-2000 or via email at info@dsslaw.com. Our firm offers free, no-obligation, consultations and second opinions, and has offices throughout New Jersey and New York City. We take cases on a contingency basis, meaning clients pay nothing unless the firm wins their case.

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Every school day in New Jersey, over 800,000 students ride on nearly 16,000 school buses. While statistically riding the school bus is safer than traveling by car, accidents do still happen, and when they do, they cause catastrophic injuries to pedestrians, other drivers, and even students on board.

New Jersey has strict safety laws for both drivers and student passengers to prevent negligent accidents before they happen. Both motorists and passengers have legal responsibilities, and when those responsibilities are ignored, the results can be devastating.

When Drivers Must Stop for School Buses in New Jersey

Under N.J.S.A. 39:4-128.1, New Jersey law requires motorists to stop for school buses with their red lights flashing and stop arm extended. The statute is designed to protect children as they board or exit the bus, so when a school bus indicates a pickup or drop off, all drivers must stop at least 25 feet away from the bus and wait.

Drivers can only continue on after the students have entered or exited the bus and safely crossed the road, or until the bus has turned off its lights and retracted its stop arm. The rule applies to vehicles approaching from both directions, unless the lanes of traffic are divided by physical barriers such as a median.

The law is slightly different if a school bus stops directly in front of a school to pick up or drop off children. In that situation, drivers must slow down to no more than 10 miles per hour while passing the bus. Still, the safest choice is always to stop completely until the bus is ready to move safely.

The key points for drivers are:

• Stopping requirement: Drivers must stop at least 25 feet away when a bus stops to pick up or drop off students.
• Both directions: Drivers traveling in either direction must stop, unless on a divided highway with a physical median or barrier.
• Yellow lights: Flashing yellow lights mean the bus is preparing to stop. Drivers must slow down and prepare to stop.
• Penalties: There is a possibility of receiving fines, motor vehicle points, license suspension, and increased penalties for repeat offenders.

The law is designed to give children a safe zone to cross and for drivers to remain fully aware of their surroundings. Passing a stopped bus is not only illegal, but extremely dangerous and careless because it places children directly in harm’s way, which can have devastating results.

Where Do Buses Stop, and What Risks Do They Present?

Buses typically stop at designated bus stops near schools, neighborhoods, and intersections. School buses are also legally required to stop at every railroad crossing, whether or not a train is approaching. This law exists because buses carry dozens of children, and failing to stop could have catastrophic consequences.

Children struck by passing vehicles or even their own school buses account for many accidents that cause serious injuries. When driving behind school buses, other drivers on the road should be prepared to make frequent stops, slow down, and give extra space to avoid rear-end collisions and to let students cross without fear.

School Bus Drivers’ Responsibilities

While bus accidents can happen for many reasons, it’s important to remember that New Jersey school bus drivers are trained professionals who are held to a higher duty of care and legal and ethical standards than other commercial drivers. These types of crashes are not just accidents; they’re negligence, and those who have suffered injuries, lost wages, and medical bills should reach out to an experienced New Jersey school bus accident attorney as soon as possible to start building a case to recover compensation for losses and damage caused by the accident.

Davis, Saperstein & Salomon, P.C., Founding Partner Marc C. Saperstein, Esq., has handled some of the most serious and high-profile bus crash cases in the country, including a collision involving several students injured in the 2018 Paramus school bus crash on Route 80 in Mount Olive, NJ. As a member of both the New Jersey Bar and the New York Bar, Marc is nationally recognized for his work as an extremely skilled truck and bus accident attorney and has dedicated decades to advocating and supporting victims of bus and other private operator accidents.

Marc C. Saperstein, Esq. ’s team of New Jersey bus accident attorneys has years of experience investigating bus crashes and uncovering the truth. Beyond handling paperwork, skilled bus accident attorneys will uncover the truth of what happened, push back against unfair insurance, and fight for compensation deserved.

An experienced NJ school bus attorney will:

• Investigate the accident scene, interview witnesses, reconstruct the crash, gather the full police report, and any information from the school buses’ Event Data Recorder (EDR) or black box.
• Identify all responsible at-fault parties that contributed to the accident.
• Communicate with insurance companies.
• Gather medical records and proof of damage.
• Help clients recover from their injuries, money for medical expenses, lost income, property damage, and pain and suffering.

NJ school bus drivers are responsible for the safety of hundreds of students every day, and when that trust is broken, whether due to any form of negligence, the consequences can be life-altering.

According to Marc Saperstein, Esq., “It’s important to understand that school bus drivers in New Jersey are trained professionals who are held to a higher legal and safety standard than other bus drivers.” Saperstein further said, “These types of crashes are not just accidents; they are caused by negligence, and those victims who suffered injuries, lost wages, and now have medical bills should reach out to an experienced New Jersey school bus accident attorney as soon as possible to start building their case.”

Operating a school bus through busy traffic, streets, and school areas requires thorough and detailed training, strict adherence to safety protocols, and constant focus on keeping students safe.

Student Safety on New Jersey School Buses

New Jersey also has rules to protect students on the bus. In 2018, the seatbelt law on buses was strengthened to require lap and shoulder seatbelts rather than just lap belts. Students riding school buses in New Jersey are legally required to wear these seatbelts at all times.

New Jersey’s safety laws will be even more effective if students practice safe behaviors on, near, and around the road, especially near school buses. According to the National Highway Traffic Safety Administration (NHTSA), the most dangerous part of a school bus ride is outside the bus, in the “danger zone,” which extends about 10 feet around the bus. Children should wait for the bus at least six feet from the curb, staying alert, calm, and away from traffic. Running or playing near the road dramatically increases the risk of accidents.

All students should follow safety rules, for example:

• Wait safely: Stand at least 6 feet from the curb until the bus has fully stopped.
• Board carefully: Use handrails, avoid running, and never push when entering.
• Stay seated and belted: Remain in your seat with your belt fastened throughout the ride.
• Cross safely: Always cross in front of the bus, after making eye contact with the driver.
• Exit properly: Walk, don’t run, off the bus, and move away from the danger zone immediately.

How Parents Can Reinforce Bus Safety

Parents have an essential role in making sure these rules are both understood and followed before their children start school. Talking to students about the “10-foot rule” staying at least 10 feet away from the front, back, and sides of the bus, or out of the danger zone, to keep them visible to the driver at all times. Just as importantly, children learn by watching adults, so parents who drive near buses should set an example by following the law themselves and respecting school bus safety laws.

Why Choose our New Jersey Bus Accident Attorneys?

Even with laws in place, accidents still happen. Sometimes, it is due to careless drivers who ignore the flashing yellow lights and stop signs, sometimes due to bus driver negligence, and other times because of mechanical failures or poor road conditions. When these accidents occur, the consequences can be devastating for children and families.

After a serious school bus accident, victims and families often don’t know where to turn or what their legal rights are. If you or a loved one has been impacted by a school bus accident, you don’t have to go through it alone. At Davis, Saperstein & Salomon, P.C., Marc’s team of New Jersey school bus accident attorneys and New Jersey personal injury lawyers has years of experience investigating devastating school bus accidents and uncovering the truth.

With over $1 billion recovered in verdicts and settlements for more than 35,000 clients and their families, the firm has extensive experience handling school bus accident cases, including some of New Jersey’s most devastating tragedies. Their skilled New Jersey school bus lawyers will work with experts to determine cause and parties responsible for the accident, so victims can focus on healing and getting back on their feet.

Contact Our NJ School Bus Accident Lawyers for Help

The attorneys at Davis, Saperstein & Salomon, P.C. in New Jersey and New York are here to guide you through the process, protect your rights, and fight for the compensation you deserve. Call us today or visit our New Jersey school bus accident attorney page to schedule a free consultation.

We believe no one should suffer because of someone else’s reckless conduct.

Never settle for less. Call us now.

Clients seeking experienced personal injury lawyers near Teaneck, Newark, Colonia, Pennington, Jersey City, Hackensack, Princeton, Bergen County, Morris County, Passaic County, Essex County, Union County, or anywhere in the New Jersey or New York City area can contact Davis, Saperstein & Salomon, P.C. at 1-800-LAW-2000 or via email at info@dsslaw.com.

To speak with Marc Saperstein Esq., for a free, no-obligation, consultation or second opinion, he can be contacted at (800) 529-2000 or at Marc.Saperstein@dsslaw.com to schedule a meeting.

Our firm offers free, confidential, and no-obligation, consultations or second opinions, and has offices throughout New Jersey and New York City. We take cases on a contingency basis, meaning clients pay nothing unless the firm wins their case. Contact us today to get started.

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A tragic fatal crash in Cranford, New Jersey, has renewed concerns over the safety of e-bike riders on New Jersey roads. According to the Union County, NJ, Prosecutor’s Office, two teenagers were riding e-bikes when they were struck by a driver at approximately 5:30 p.m. on Monday evening.

The e-bike accident occurred on the 40th block of Burnside Avenue, where Cranford Police, Fire, and EMS units responded, along with first responders from Westfield, New Jersey. The victims were transported to nearby hospitals but were later pronounced dead. The crash remains under investigation, but it highlights the importance of safety surrounding e-bike use in New Jersey and the obligations of drivers when sharing the road.

The Growing Popularity and Risks of E-Bikes in New Jersey

E-bikes have surged in popularity in recent years, offering an efficient and eco-friendly mode of transportation. However, their rise in popularity has also caused a surge in serious accidents and injuries. According to Harvard Health, E-bike injuries have more than doubled every year, going from 751 cases in 2017 to 23,493 cases in 2022. Their speed, affordability, and ease of use make them appealing to all ages, but they also raise concerning safety risks.

In New Jersey, e-bikes are legally classified as “low-speed electric bicycles.” Riders are not required to have a license, insurance, or registration, but they are granted the same rights and responsibilities as traditional cyclists under state law.

This means that motorists must:

• Yield to e-bikes when required by traffic laws.
• Maintain at least four feet of passing distance.
• Exercise caution when turning across bike lanes or opening vehicle doors.
• Obey all traffic signals and signs when e-bikes are present.

Despite these protections, e-bike riders remain especially vulnerable to injuries and accidents due to the lack of physical protection an e-bike provides compared to a traditional vehicle. Unfortunately, accidents occur when motorists fail to follow these rules, which can lead to devastating consequences for riders.

Some of the most common e-bike injuries are:

• Traumatic brain injuries (TBIs)
• Spinal cord injuries, herniated discs, and fractured vertebrae
• Fractures and broken bones (wrists, arms, and collarbones)
• Dental trauma and facial injuries
• Internal bleeding and injuries
• Emotional damages, like PTSD
• In extreme cases, death

Recovering from serious injuries or a wrongful death can take time, money, missed work, medical bills, and support. Having a team of skilled New Jersey e-bicycle accident attorneys with experience handling cases caused by negligence will help to recover losses clients and families suffered due to the accident and get them the justice they deserve.

Staying Safe on New Jersey Roads

For e-bike riders, taking safety precautions is critical. Helmets, while not required by law for riders over 17, are strongly recommended for riders of all ages. Reflective gear, lights, and signaling devices can also help to reduce the risk of not being seen by drivers, especially at night or during poor weather conditions.

Drivers, also, must play their part in safety. Motorists are legally required to treat e-bikes as vehicles and give them space to maneuver. Distracted driving, speeding, and aggressive lane changes are especially dangerous when cyclists are present. The recent e-bike tragedy in Cranford, New Jersey, is a reminder of how a moment of negligence or carelessness can change lives forever.

New Jersey Wrongful Death Laws

When a loved one is killed due to another person’s negligence, New Jersey’s Wrongful Death Act (N.J.S.A. 2A:31-1) allows them to seek compensation for the losses they suffered. Family members have the legal right to pursue damages for financial compensation and hold at-fault parties accountable for their negligence.

Compensation in a wrongful death lawsuit can include:

• Funeral and burial expenses
• Loss of financial support and benefits
• Loss of companionship, guidance, and care
• Pain and suffering prior to death

Because the legal process is complex and filled with deadlines and statutes to stay ahead of, it is essential to work with an experienced New Jersey wrongful death lawyer who understands how to navigate these cases.

New Jersey law sets a two-year statute of limitations for filing wrongful death claims. This deadline is critical; if families wait too long, they may lose the right to seek justice. Due to these strict timeframes and the complexity of proving negligence, working with an experienced New Jersey wrongful death lawyer is essential.

How an Experienced New Jersey E-Bike Lawyer Can Help

Losing a loved one in a tragic e-bike accident is overwhelming. Families not only face unimaginable grief but also financial uncertainty and legal confusion. At Davis, Saperstein & Salomon, P.C., the attorneys have over 40 years of proven experience, having helped more than 35,000 families and recovered over $1 billion in verdicts and settlements.

A dedicated New Jersey e-bike attorney will:

• Investigate the accident and gather crucial evidence
• Work with experts to prove liability and negligence
• Handle insurance companies on your behalf
• Pursue maximum compensation under New Jersey law

While no amount of money can replace a life, financial recovery can help ease the burdens left behind and provide stability for the future.

Contact Our NJ E-bike Accident Attorneys for Help

E-bike riders deserve safety, and families deserve justice when negligence leads to tragedy. If your loved one has been killed or seriously injured in an e-bike crash, consulting a New Jersey e-bike wrongful death lawyer can make a life-changing difference.

With decades of experience representing injured cyclists, e-bike riders, and pedestrians across New Jersey, the attorneys at Davis, Saperstein & Salomon, P.C. are here to help. With over 35,000 clients served and more than $1 billion recovered in verdicts and settlements, the firm has the resources and experience to handle even the most complex wrongful death and e-bike accident cases.

If you or a loved one has been injured in an e-bike accident or has lost a loved one due to another’s negligence, our compassionate team is ready to listen, guide you through your options, and get you back on your feet. The team at Davis, Saperstein & Salomon, P.C. are experienced personal injury lawyers in Teaneck, NJ, or the surrounding Bergen County area can contact Davis, Saperstein & Salomon, P.C. at 1-800-LAW-2000 or via email at info@dsslaw.com. Our firm offers free, no-obligation, consultations and second opinions, and has offices throughout New Jersey and New York City.

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Steven Benvenisti, Esq., a Partner at Davis, Saperstein & Salomon, P.C., recently traveled to Washington, D.C. to advocate for the full implementation of the HALT (Honoring Abbas Family Legacy to Terminate Drunk Driving Act). Passed in 2021, the HALT Act directs automakers to install passive, non-invasive alcohol detection technology in all new vehicles, with the goal of eliminating drunk driving fatalities nationwide.

For Benvenisti, this issue is far more than professional; it’s personal. When he was a senior in college, he was struck by a drunk driver on his spring break. The crash left him with catastrophic injuries, including two broken legs and a traumatic brain injury so severe that doctors believed he would not survive. After 15 surgeries and months of rehabilitation, he made a full recovery.

He went on to graduate from The College of New Jersey with high honors, graduate from law school at the top portion of his class, pass the bar exams in both New Jersey and Pennsylvania, and build a career in the personal injury law field as an attorney dedicated to representing victims and advocating for drunk driving prevention. Today he is certified by the Supreme Court of New Jersey as a Civil Trial attorney, a distinction held by less than 2% percent of New Jersey’s practicing lawyers.

 During his trip to Washington, Benvenisti led other advocates and survivors in meeting with lawmakers and policymakers to highlight the importance of fully implementing the HALT Act. The act calls for technology such as the Driver Alcohol Detection System for Safety (DADSS). This system includes sensors capable of measuring alcohol in a driver’s breath, analyzing eye movements, and detecting alcohol levels through touch, without requiring a traditional breathalyzer. The goal is to stop impaired drivers from operating a vehicle before a crash can occur and lives are lost.

This is not his first time advocating for prevention under the law. Years ago, he testified in Trenton multiple times to get New Jersey to join other states in requiring everyone convicted of drunk driving to be required to get an Ignition Interlock in their car as a precondition to driving again. In 2021, New Jersey passed legislation mandating this lifesaving technology.

Now in 2025, the DADSS technology has been fully developed, and Benvenisti is joining the charge to ensure that the HALT Act is fully enforced at the national level.

As a MADD National Ambassador, one of the highest leadership roles in the organization, he has become a powerful voice in the fight to implement this groundbreaking law across the country. During his trip to Washington, D.C., along with meeting with lawmakers, he delivered a speech on the urgent need for action, sharing both his personal experience and the devastating impact of impaired driving on families nationwide.

On the topic of the effects of the HALT Law, Benvenisti said:

“Every loss is extraordinary. Every story is paralyzing. The number of people affected by these tragedies continues to grow. But we know this is preventable. We already see the impact: in New Jersey, where an average of 15,000 impaired drivers were stopped in prior years, that number has now grown to over 32,000. That means more impaired drivers are being detected before tragedy strikes. That is prevention in action.”

Currently, drunk driving remains one of the nation’s most preventable causes of death. More than 10,000 people lose their lives each year in crashes involving alcohol-impaired drivers. Advocates believe that once fully adopted, the HALT Act could save more than 10,000 lives annually.

This event reflects Benvenisti’s long-standing commitment to use his story to inspire real change. As both a survivor and an attorney, he has spent decades speaking to schools, communities, and professional audiences about the dangers of drunk and impaired driving. His message is clear: the number of drunk driving deaths should not be in the thousands – it should be zero, and the HALT Act represents a major step toward achieving that vision. For advocates like Benvenisti, the law is not only about policy but also about protecting families from the grief and trauma that come with every preventable crash.

He stated, “This technology is going to save 10,000 lives we lose every year to drunk and impaired driving. It must be implemented as soon as possible, because every day we wait, people are needlessly dying.”

As a Partner at Davis, Saperstein & Salomon, P.C., Benvenisti continues to balance his legal work with national advocacy to help create meaningful reform and to support people injured by careless tragedies every day. By supporting the HALT Act, he and other advocates hope to use technology as a tool to save lives and ensure safer roads for everyone.

Read Steven’s Story Today

To read Steven’s story, “Spring Break, a True Story of Hope and Determination”(2012), it is available through Amazon or directly to families in need of comfort and motivation by calling him on his cell phone (201) 500-LAWS.

Davis, Saperstein & Salomon, P.C. offers free consultations and second opinions, and has offices throughout New Jersey and New York City. Clients seeking experienced personal injury lawyers in Teaneck, NJ, or the surrounding Bergen County and Essex County areas can contact us at 1-800-LAW-2000 or via email at info@dsslaw.com.

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New York State Police confirmed that the devastating crash that occurred on Tuesday, September 9, on State Route 17 in Nichols, New York, resulted in 2 fatalities. The collision involved a tractor-trailer rearending the passenger vehicle shortly after 4:30 a.m. while driving eastbound between mile markers 61 and 62 on the Interstate-86 and NY Route-17 highway conversion in Tioga County, New York.

Tragically, two people, a woman from New Jersey and a man from Pennsylvania, were pronounced dead at the scene. The driver of the tractor-trailer was not injured. Following the collision, the area where the crash occurred on Route 17 between Exit 61 (Barton) and Exit 62 (Nichols) was closed for several hours as the New York State Police investigated and cleared the scene. The investigation of this crash remains ongoing.

Common Causes of Truck Accidents

Truck accidents and their aftermaths are never simple. These cases are often caused by many different factors, like poor maintenance or failure to meet safety standards, and can involve multiple parties that contribute to the negligence. Some of the most common causes of New York tractor-trailer accidents include:

• Driver fatigue: Truck drivers often face long shifts and tight delivery deadlines, leading to exhaustion that slows reaction times.
• Distracted driving: Texting, GPS use, or even eating behind the wheel.
• Improper loading: Overloaded or unbalanced cargo can cause rollovers or loss of control.
• Speeding and reckless driving: Commercial vehicles require longer stopping distances, making traveling at high speeds especially dangerous.
• Mechanical failures: Poorly maintained brakes, tires, or other critical systems can lead to sudden, uncontrollable crashes.
• Weather conditions: Snow, rain, or fog can further complicate safe truck operation if drivers are not properly trained or cautious.

Understanding these causes is essential for building strong personal injury and wrongful death claims. Proving negligence, whether by the driver, trucking company, or third party, is often the key to securing fair compensation.

Understanding Wrongful Death in New York

When a life is lost in a truck accident due to negligence, surviving family members may pursue a wrongful death claim. New York Wrongful Death claims allow close family members to seek financial compensation for the losses they have endured. In New York state, such claims are generally brought by the estate’s representative and must be filed within two years of the date of death according to New York’s Estates, Powers, and Trusts Law (EPTL 5-4.1 – 5-4.6). These claims may cover:

• Funeral and burial expenses
• Loss of financial support from the deceased
• Loss of companionship and parental guidance
• Medical expenses related to the accident

Wrongful death lawsuits are not only about financial recovery, but are about holding negligent parties accountable and providing families with justice after tragedy. Because these cases involve strict filing deadlines and legal complexities, having an experienced New York wrongful death lawyer is crucial to guide and support families through receiving the justice and compensation they deserve.

Why Experienced Legal Representation Matters

Truck accident litigation is one of the most complex areas of personal injury law. Due to trucks and tractor-trailers’ large size and heavy weight, accidents involving these vehicles are especially devastating and often result in life-changing injuries and, in some extreme cases, deaths. Without experienced representation, victims may face aggressive defense tactics from truck companies designed to minimize payouts or deny liability for the crash altogether. These complex cases demand extensive investigation, expert analysis, and legal skill to secure the justice that is deserved.

An experienced New York personal injury attorney will:

• Investigate the crash thoroughly and preserve key evidence.
• Work with accident reconstruction specialists and medical experts.
• Handle negotiations with trucking companies and insurance adjusters.
• Pursue full and fair compensation for medical costs, lost wages, and pain and suffering.

Having strong legal representation ensures that families are not left to fight powerful trucking corporations alone. Truck accidents such as the one on NY-17 are tragic. If you have been harmed in a truck accident or someone you love has been killed in an accident involving a truck, it is natural to feel frustrated and confused about what the best next steps are to take. These feelings are justified, and it is critical to know that help is available.

With over 40 years of experience, the New York personal injury attorneys at Davis, Saperstein & Salomon, P.C. have helped more than 35,000 families and recovered over $1 billion in verdicts and settlements. The firm has a proven record of representing clients in New York truck accident cases and New York wrongful death claims, offering both compassion, advocacy, and support in your time of need.

Let Us Help You Move Forward

At Davis, Saperstein & Salomon, P.C. in Teaneck, NJ, the team has handled countless cases involving tractor-trailer crashes and wrongful death claims. Founding Partner Marc C. Saperstein, Esq., is a New York truck accident lawyer who has dedicated his career to helping victims and their families secure justice after tragic accidents involving trucks, buses, and other commercial vehicles. He has also won many multi-million dollar settlements or verdicts for clients injured by negligence in construction site injuries, product liability cases, complex truck and bus accident litigation, and diet drug litigation.

Some of his most notable qualifications and awards as an esteemed New York and New Jersey trial lawyer are:

• A member of the New York State Bar Association and the New Jersey State Bar Association
• A member of the New York State Trial Lawyers Association
• A member of the Lawyers of Distinction
• Rated as a Top 100 National Trial Lawyer
• Rated as a Top 10 Trucking Trial Lawyer
• A Certified Civil Trial Lawyer in New Jersey
• Past president of the New Jersey Association for Justice, formerly known as the Association of Trial Lawyers of America – NJ
• Served as Co-Chair and founder of the annual New Jersey Association for Justice’s Meadowlands Seminar for the past 18 years, one of New Jersey’s largest gatherings of injury lawyers, drawing over 800 attorneys each year
• In 2022, he was awarded the Gold Medal for Distinguished Service by the New Jersey Association for Justice (NJAJ)
• Awarded an AV Preeminent rating from Martindale-Hubbell, the highest rating for a practicing lawyer based upon peer review endorsement
• Selected as a New Jersey SuperLawyer by Thompson Reuters for the past 15 consecutive years

To speak with Marc Saperstein Esq., for a free, no-obligation, consultation or second opinion, he can be contacted at (800) 529-2000 or at Marc.Saperstein@dsslaw.com to schedule a meeting. There is no charge for the consultation, and we are happy to meet with you in person or virtually via FaceTime or Zoom. We have Spanish-speaking attorneys on-site and offer translations for Korean, Polish, Italian, Albanian, Russian, Portuguese, and many more languages, in case English is not your preferred language. It’s important to act fast so your attorney can begin building a strong case for you. Contact us today to get started.

Contact Davis, Saperstein & Salomon, P.C. Today

Being injured or having a loved one injured in a truck accident is overwhelming. You may not know where to turn or how to get the help you need. That’s where we come in. As trusted New York truck accident attorneys and wrongful death lawyers with decades of experience, we’re ready to take on the burden of your case so you can focus on your recovery. With more than 35,000 clients helped and over $1 billion recovered in verdicts and settlements, our firm has earned a reputation for compassionate, effective legal representation.

At Davis, Saperstein & Salomon, P.C., we’ve been helping those injured by negligence stand up for their rights for over 40 years. We are here to provide compassionate, skilled legal representation to ensure you receive compensation for your losses. Clients seeking experienced personal injury lawyers in Teaneck, NJ, or the surrounding New York, New Jersey area can contact Davis, Saperstein & Salomon, P.C. at 1-800-LAW-2000 or via email at info@dsslaw.com. Our firm offers free, no-obligation, consultations and second opinions and has offices throughout New Jersey and New York City.

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Teaneck, NJ: The personal injury law firm of Davis, Saperstein & Salomon, P.C., is honored to announce its recognition as the #1 Law Firm in the 2025 Jewish Standard Readers’ Choice Awards. The Jewish Standard, which has served North Jersey’s Jewish community for more than ninety years, selected the firm based on reader nominations and votes, reflecting the community’s trust in Davis, Saperstein & Salomon’s longstanding reputation for excellence, integrity, and results.

Founded in 1987 by childhood friends from the Bergenfield-Dumont Jewish Community Center, Davis, Saperstein & Salomon, P.C. has grown into one of the region’s premier personal injury law firms. With over 25 attorneys, including 14 Certified Civil Trial Attorneys by the Supreme Court of New Jersey, the firm has secured over $1 billion in verdicts and settlements, ranging from six figures to multimillion-dollar recoveries, on behalf of more than 35,000 injured clients and their families across New Jersey and New York.

Founding Partner Samuel L. Davis, Esq., is a pioneer in personal injury litigation who has represented thousands of clients during his distinguished career. He has taught legal medicine at Columbia University College of Physicians and Surgeons and served as Chair of the Association of Trial Lawyers of America’s Medical Device Product Liability Section. Nationally recognized for his innovative use of courtroom technology, Davis was among the first attorneys to present live internet testimony for a quadriplegic client. He also has an expertise in fire and burn injury cases, and as an advocate for victims of fire damage, has helped establish international burn camps for children. Davis has won numerous multimillion-dollar settlements for his clients, including securing the largest reported personal injury settlement in New Jersey during the Court’s 2022-2023 term, a $28 million settlement on behalf of an electrician severely injured in an electrical explosion.

Founding Partner Marc C. Saperstein, Esq., has successfully litigated some of America’s most complex cases, including product liability, tobacco, and pharmaceutical class actions, as well as thousands of construction, auto, and trucking accident cases. He has achieved dozens of multimillion-dollar verdicts and settlements for his clients and is a past President of the New Jersey Association for Justice, where he continues to serve on the Board of Governors. Saperstein has received the organization’s highest honor, the Gold Medal for Distinguished Service, and holds an AV Preeminent Peer Review Rating from Martindale-Hubbell. He has also been named a Top 100 National Trial Lawyer and a Super Lawyer for more than a decade.

Managing Partner Garry R. Salomon, Esq., has dedicated his career to representing accident victims and has secured many multimillion-dollar recoveries. He is the author of The Consumer’s Guide to New Jersey Personal Injury Claims and, for over two decades, has served on the Board of Governors of the New Jersey Association for Justice, co-chairing its Litigation at Sunrise seminar series. Salomon is recognized as an authority in motorcycle injury litigation and has resolved multiple cases exceeding $4 million. He has been named a Super Lawyer for 15 consecutive years and holds an AV Preeminent Rating from Martindale-Hubbell.

For over thirty-five years, the attorneys of Davis, Saperstein & Salomon, P.C. have been guided by the same mission: to deliver justice for those harmed by the negligence of others. The partners, attorneys, and staff have helped over 35,000 families seek justice and secured more than $1 billion in verdicts and settlements for clients injured by others’ negligence in New Jersey and New York. The firm has 25 injury lawyers, 14 of whom are Certified by the Supreme Court of New Jersey as Civil Trial Attorneys.

Davis, Saperstein & Salomon, P.C. can be contacted by phone at 1-800-LAW-2000 or through email at info@dsslaw.com. The firm maintains offices throughout New Jersey and New York City and offers free and confidential consultations and second opinions.

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