Messineo Law Messineo Law 2023-04-07T00:02:34Z WordPress /wp-content/uploads/sites/1400251/2020/08/cropped-favicon-32x32.jpg On Behalf of Messineo Law LLC <![CDATA[Did a drowsy driver cause your car accident?  ]]> 2023-04-07T00:02:34Z 2023-04-07T00:02:34Z Drowsy driving is as dangerous as driving while drunk. This is because sleep deprivation affects a  driver’s reaction times, and they’re unable to remain focused. For these reasons, drowsy drivers can cause serious accidents and injuries. If you were involved in a car accident and suspect the other driver may have been driving while drowsy or tired, you may be right. According to a Centers for Disease Control and Prevention survey, approximately one in every 25 drivers reported falling asleep while driving. Therefore, drowsy driving accidents may be more common than you think. 

Common signs of driver fatigue

Drowsiness may impair a driver’s ability in several ways. In most cases, drowsy drivers may exhibit the following signs:
  • Not driving in a straight line
  • Drifting from lane to lane dangerously
  • Hitting the rumble strip repeatedly 
  • Sudden braking
  • Ignoring traffic signs and signals
  • How to prove the other driver was fatigued
Drivers owe a duty of care to other road users, and drivers who get behind the wheel when tired or drowsy violate that duty. But when it comes to proving fault for a wreck, how do you prove the driver who hit you was asleep (or nearly so) at the wheel? Some of the evidence that you may use to prove the other driver was drowsy include:
  • Statements from witnesses at the accident scene
  • The employment records of the other driver. This can help prove they had just left work from a long shift.
  • The other driver’s social media posts
  • The police statement
There are many other different aspects that may help prove that the driver was drowsy or fatigued. For instance, if they ran a red light or exhibited other signs of drowsiness. If you were injured in a car accident and suspect the other driver was drowsy, seeking legal assistance may help you recover financial compensation for all losses and any expenses you suffered from the crash. ]]>
On Behalf of Messineo Law LLC <![CDATA[Do you need to replace your motorcycle helmet after a crash?]]> 2023-03-28T16:44:20Z 2023-03-28T16:44:20Z The protective foam Some helmets contain a special foam called expanded polystyrene (EPS) that’s intended to protect the wearer’s head in a crash. However, it’s only designed to sustain one impact. When the helmet strikes the ground or something else that’s hard, that foam is likely damaged. Other helmets contain a foam called expanded polypropylene (EPP) foam. Helmets with this type of foam sometimes claim to be able to survive more than one impact. However, there’s no way of knowing how much the EPP was damaged in a crash. Therefore, it’s smart to err on the side of caution and not wear the helmet again.

The outer casing

There’s an outer casing that surrounds the foam but isn’t visible. That casing can suffer cracks that minimize its ability to protect the head. This kind of damage, like the damage to the foam, isn’t noticeable just by looking at the helmet.

Disposing of a potentially damaged helmet

When replacing your helmet after a crash, never give your old helmet away. Don’t throw it away, either, because someone could find it and use it. Any local helmet retailer can direct you to somewhere to safely recycle it or give you some possible alternative uses for it. A new helmet is just one expense after a crash. If you’re seeking compensation from an at-fault driver’s or motorcyclist’s insurer, be sure to include that in your damages. This is just one reason why you should never agree to a settlement until you have a complete picture of all your expenses and other damages.]]>
On Behalf of Messineo Law LLC <![CDATA[Why crash victims should be careful on social media]]> 2023-03-26T15:35:50Z 2023-03-26T15:34:19Z regular social media user, chances are that you’re going to be tempted to post about your experience if you’ve recently been involved in a motor vehicle accident. You may want to tell your story for the benefit of others’ knowledge, or you might just want to assure your loved ones that you’re okay. It is important to resist that urge until your case has been fully resolved. If you indulge your instincts to post about your experience, you could compromise the strength of your case as the information that you post on social media until that time could be used to undermine your position.

Information can be twisted against you

Even if your privacy settings have been maximized in the interest of keeping your information contained, you need to assume that insurance companies and opposing legal counsel have access to everything you say and do on social media. You will also need to assume that even seemingly innocuous posts could be misinterpreted or twisted to fit the agenda of anyone who may owe you compensation. If you can’t – or simply don’t want to – stay off of social media until your case is resolved, you can always seek guidance from the legal professional who is handling your case to better understand how to stay engaged on social media while preserving the strength and integrity of your case.  ]]>
On Behalf of Messineo Law LLC <![CDATA[Car accidents and neck injuries: What you need to know]]> 2023-03-14T18:54:52Z 2023-03-14T18:54:52Z Car accidents can cause various injuries to different parts of your body. However, the neck is a part of the body vulnerable to severe injuries.  When you collide with another vehicle or stationary object, your vehicle suddenly and sometimes violently stops. However, your body continues moving forward until stopped by your seatbelt or another force. This can cause your head and neck to whip side to side or forward and backward, causing significant pain and injuries. Here, you can learn about common neck injuries seen in car accidents and how they can impact your life. 


The most common neck injury seen in car accidents is whiplash. It is extremely common in rear-end accidents. Cases of whiplash can impact the nerves, bones, muscles, ligaments and tendons. Physical therapy is the best treatment option for this injury. 

Cervical spondylolisthesis

The force of a car accident can cause one or several of the vertebrae in your spine to dislocate or slip out of alignment. The severity of the injury can range from severe to mild. The vertebra can compress the spinal cord or nerves with slippage, creating pain that radiates into the back of your shoulders and head. 

Neck strain or sprain

These can seem like the same injury, but they are unique. A neck strain occurs when the facet joint, the tissue connecting your business, muscles, muscles, or tendons are damaged. Sprains mean that the soft tissue that connects bones has been damaged. Both injuries can cause pain when you move your head, reducing mobility. 

Protecting your rights after a car accident

If you are involved in a car accident, you should take steps to protect your rights. Be sure to seek medical treatment and document all your injuries. Doing this will give you the foundation for a strong personal injury claim]]>
On Behalf of Messineo Law LLC <![CDATA[What are the first things you should do after a car accident]]> 2023-02-11T18:19:10Z 2023-02-11T18:17:48Z At best, being involved in a car accident is something you really don't need, and at worst, the outcome could be disastrous. You may well have injuries after the incident that require medical attention and you'll probably be in shock. It can be difficult to recall all the necessary steps you need to take. Some of the first things you should do following an accident are listed below.

Stop your car and call the police

In New Jersey, you have to stop your car after an accident. Even if you don't feel hurt or believe your car has sustained any damage, make sure you remain in place and don't leave the site. Check to see if anyone inside the car requires immediate medical assistance first. Then, you should dial 911 to seek emergency help from the relevant services. Tell the driver of the other vehicle that you are moving to a safe area nearby the accident scene if your car is in a dangerous place and can be moved.

Exchange insurance information

You should exchange your insurance information with the other driver, even where you aren’t at fault for the accident.

Gather any evidence you can

If there are any witnesses there, see if they would be willing to provide you with their information. When filing an insurance claim, this might be extremely important in demonstrating who was at fault. Taking images of the involved vehicles and the site itself can serve as additional proof of what happened.

Let your insurance know

You should inform your insurer once you and your passengers have received any necessary medical care and you are safely away from the scene of the accident. Give them a detailed account of what occurred and let them know if you have any injuries as a result. It's a good idea to do this as soon after the incident as you can, while it's still fresh in your memory. You shouldn’t have to suffer as a result of a car accident that’s not your fault and you may be entitled to compensation. Getting help early on helps you to protect your legal position.    ]]>
On Behalf of Messineo Law LLC <![CDATA[2 mistakes to avoid after a slip-and-fall accident ]]> 2023-01-27T19:07:28Z 2023-01-27T19:07:28Z If you trip, slip and fall while on someone else’s property, you are faced with a ton of important decisions to make. It can be hard to know whether you are making the best decisions as far as your premises liability claim goes.  A slip and fall can leave you confused, shaken and hurt, so you may need to file a claim for damages. With that in mind, here are two mistakes you want to avoid if you have a fall:

Failing to call an ambulance

Some injuries can be life-altering if left undiagnosed and treated in time. This is especially true of internal injuries that can lead to hemorrhage and other complications. While your adrenaline may make you think you’re fine after a fall, you need to be seen by a medical professional to be certain. This not only makes sure that you get any treatment you need to mitigate your injuries, but it helps establish a direct connection between your fall and your injuries.

Waiting too long to file your claim

Most premises liability claims are settled out of court. However, if you cannot reach a settlement with the defendant, it is important that you file your claim within the statute of limitations periodIn New Jersey, you need to file your personal injury claim within two years from the date of your injury. Do not let this statute of limitations period run out.  No one sees a slip-and-fall accident coming. When it does, it is important that you avoid mistakes that can derail your claim. Legal guidance would be wise.]]>
On Behalf of Messineo Law LLC <![CDATA[Who can sue for wrongful death in New Jersey?]]> 2023-01-12T19:14:48Z 2023-01-12T19:13:26Z Understanding a wrongful death claim Death is deemed wrongful when it is occasioned by another person or entity’s unlawful or negligent actions. A wrongful death claim is designed to compensate family members and relatives who otherwise depended on the decedent for support and companionship. This civil lawsuit is independent of a criminal prosecution that may ensure following your loved one’s death. For instance, if a motorist operates a vehicle while drunk, leading to a fatal accident, they might face both criminal (DUI) and wrongful death suits concurrently.

So who can file a wrongful death claim in New Jersey?

Under New Jersey law, the following parties can file a wrongful death claim.
  • The personal representative of the decedent’s estate
  • The decedent’s surviving spouse, domestic partner or children
  • The decedent’s parents (if they are not survived by a spouse or children)
In the absence of the above, the decedent’s relatives may file a wrongful death claim provided they can prove that they depended on the victim at the time of their death.

Pursuing justice on behalf of your beloved

If you have lost a loved one as a result of someone else’s negligence, you do have legal options to explore. This will ensure that you receive the financial restitution you are entitled to during those challenging times.]]>
On Behalf of Messineo Law LLC <![CDATA[Spinal cord injuries impact every aspect of life]]> 2023-01-03T11:56:05Z 2023-01-03T11:56:05Z negative impact on their mental health.

What mental health challenges might a person with a spinal cord injury face?

Spinal cord injuries are very challenging. The patient may become dependent upon others, which removes their independence. This can lead to anxiety and depression. The anxiety may be because they never have meaningful privacy and are worried that some of their care will be overlooked. They may also fear that they’re a burden on their loved ones. This thought and the challenges they’re facing can bring these victims down even more. While sadness over the situation is common, these emotions should be addressed if they become overwhelming. Mental health care from a professional can be an important component of spinal cord injury care. It’s an unexpected expense for some people, but it’s one that should be made a priority. Suffering a spinal cord injury comes with a considerable cost. Compensation claims are possible when your injury was the result of someone else’s negligence. You can include damages, such as missed wages and medical care costs, in the compensation claim. New Jersey limits your time to file, so work diligently with someone familiar with these matters to get it handled within the allowable timeframe.]]>
On Behalf of Messineo Law LLC <![CDATA[2 tips for handling an aggressive driver]]> 2022-12-15T19:56:38Z 2022-12-15T19:56:38Z It’s all too common for people to fly into a rage for even the most minor inconveniences. While this may not be your problem, someone else's anger could put you into an awkward situation while driving. Aggressive drivers -- whether that be a tailgater, a speedster or someone who aggressively honks their horn – can put other drivers in danger of serious, or even fatal, injuries. What can you do when dealing with an aggressive driver? While there’s not much you can do to calm an aggressive driver, there are methods that you can take to reduce the chances of suffering from a collision. Here’s what you should know:

1. Don’t engage with the other driver

Possibly the fastest way to get into a car accident with an aggressive driver is to match their anger: speeding up, honking your horn, yelling insults or brake-checking them. Instead, you can try to reduce your own stress while you wait for them to regain composure. Try turning on the radio and relaxing or just focus on your next exit. 

2. Let the other driver pass you

It’s few and far in between for an aggressive driver to keep tailing the same car. They likely want to pass you, and it may be best for you to let them do so. Instead of speeding up, which could cause you to exceed the speed limit, you may just need to keep your same pace until the other driver feels they’re ready to drive by. Even if you did everything you can to prevent a car accident with an aggressive driver, emotions can often get the better of people and you may find yourself injured in a collision. Reaching out for legal help can make it easier to know what to do next.]]>
On Behalf of Messineo Law LLC <![CDATA[What makes phone use so dangerous for drivers?]]> 2022-11-29T23:03:36Z 2022-11-29T23:03:36Z three types of distraction:
  • Physical distractions: These require you use one or two hands. For example, when holding a travel mug or reaching for something from your bag. It is always far safer to keep two hands on the wheel.
  • Visual distractions: These require you to place your eyes somewhere other than the road, for instance, on a roadside billboard or when looking for something in your bag.
  • Cognitive distractions: These occupy your mind, which harms your ability to make correct choices when driving. Even if you make the correct choice in the end, it will take you longer.

Phones distract you in all three ways

Your cell phone is one of the few things that can distract you in all three ways. Think about your coffee mug - it’s a physical distraction for your hands and a visual distraction when you lift it in front of your face. But you don’t spend a lot of time thinking about it. A billboard is a visual distraction and a cognitive one, but you can still keep both hands on the wheel. It does not distract you physically. A phone requires you to use your hands to touch the screen or hold it. You need to look at it, so it distracts you visually. Then you have the cognitive distraction. A conversation requires much more of your mind than glancing at a billboard. You will likely think more and longer about the phone call. That’s why phone use is such a problem. Yet many people still use their phones when driving. If one of them injures you in a crash, you need to understand your legal options.]]>