New Jersey Injury Attorney Blog

It is quite common for employees to sustain injuries while driving during the course of their employment. Examples include individuals who actually drive for a living such as delivery truck drivers, bus drivers, taxi or limousine drivers or individuals who need to travel from location to location to visit clients. The employee involved in the accident will be entitled to Worker’s Compensation benefits in New Jersey regardless of fault. Such accident related injuries are compensable under New Jersey’s Worker’s Compensation Law. And, if the accident is the result of a third party’s fault, the injured worker may be entitled to pursue a third party claim in addition to the Worker’s Compensation cliam.

A prime example of this type of case was recently argued in the New Jersey Appellate Division Court case entitled Contreras v. The City of New Brunswick A-3431- 08T1. The Court’s decision was reached on February 18, 2010 and involved a New Brunswick Police Officer who was injured while in the course of his employment while on patrol and operating a vehicle in the City of New Brunswick. Another vehicle ran a stop sign and struck the officer’s vehicle. The officer sustained multiple injuries that include facial fractures and lacerations, a left biceps tendon tear and knee contusions as well. The facial injuries resulted in blurred vision. The officer filed a worker’s compensation claim with his employer and a third party claim against the operator of the vehicle that caused the accident. At issue in this case was the permanent nature of the injury and if the injury caused the officer to “suffer a lessening to a material degree of his working ability.” The Court ruled that the blurred vision and sensitivity to light has caused the officer to work more night shifts when there is less light that will strain his eyes. In addition, The Court ruled that the fractures to facial bones and eventual knee surgery materially decreased his working ability.

As is clear from this decision, there are many, many factors to consider when evaluating if a work injury is compensable. If you have been injured during the course of your employment, you may be entitled to Worker’s Compensation benefits. Contact an experienced New Jersey worker’s compensation attorney at the Princeton office of Lependorf & Silverstein, P.C. today for a free consultation. The Princeton Worker’s Compensation law firm of Lependorf & Silverstein, P.C. can put its Worker’s Compensation experience to work on your behalf. Contact an attorney at the Princeton office of Lependorf & Silverstein, P.C. today and learn the benefits available to you.

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Posted In: Auto Accidents , Workers Compensation

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A 55-year-old East Windsor woman has been charged with vehicular homicide after it was discovered she was under the influence of prescription medication when she struck and killed a handicapped cyclist riding on Dutch Neck Road on February 16th.

The 54-year-old East Windsor male resident with cerebral palsy was pronounced dead at Robert Wood Johnson University Hospital in Hamilton shortly after the accident near the intersection of Dutch Neck Road and Wilmor Drive. The man was operating a specially designed tricycle. According to police, the man was riding west on Dutch neck Road when he was struck from behind by the woman’s vehicle. The force of the impact sent him flying into a snow bank at the side of the road.

The man’s close relatives will be able to pursue a wrongful death lawsuit. There are multiple elements to a wrongful death lawsuit in New Jerseythat an experienced wrongful death attorney can explore.

Conscious pain and suffering is one important element of a wrongful death lawsuit. An experienced wrongful death attorney will hire a medical expert who can review the autopsy and medical reports and opine as to the pain and suffering that the decedent experienced before his or her death. This pain and suffering is compensable.

Continue reading "Motorist Charged in East Windsor Cyclist's Death" »

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Posted In: Auto Accidents , Bicycle Accidents , Law & Information , Personal Injury , Wrongful death

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Three people were recently hospitalized for bites to their legs after being attacked by a pair of pit bulls in a Hoboken, New Jersey apartment. According to a news12.com article, one of the individuals injured during the attack was the owner of the two pit bulls. At the time of the report’s release, the names of the injured victims who were taken to Jersey City Medical Center for their bite injuries were not released.

In working to advocate dog bite prevention, the Centers for Disease Control and Prevention (CDC) provides the public with helpful information regarding dog bites. For instance, the CDC suggests that no one should ever disturb a dog that is eating, sleeping, or caring for puppies. It is also important to only pet a dog after it has seen and sniffed you first; and even then, it may not be a good idea to pet the dog at all. Considering that approximately 4.5 million people are bitten by dogs every year and that almost one in five of those who are bitten require medical attention for their dog bite-related injuries, it is very important to know how to be safe around dogs as both an owner and a stranger.

Continue reading "Three Hospitalized after Pit Bull Attack in Hoboken" »

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Posted In: Dog Bite , Personal Injury

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Based on an nj.com article, a 16-unit building at a Newton apartment complex burned down, killing an 83-year-old female resident. The fire was reported at 4:03 a.m. on January 22, 2010. When police officers and firefighters arrived on the scene, they found the second-story apartment on the front corner of one apartment building engulfed in flames and smoke. While authorities think that the fire may have began in the deceased woman’s apartment, the cause of this fatal fire is still under investigation.

According to the article, a neighbor was yelling to try to awaken residents of the building as well as going door-to-door to warn them. Sadly, the elderly woman’s apartment was the only one that neighbors couldn’t get into because her door had been locked with the deadbolt. Neighbors also tried to access her apartment from the front through the second-story balcony of her apartment, but the blaze’s heat was too powerful. There were no other injuries from the fire aside from one firefighter sustaining a minor hand injury after slipping on ice.

The Centers for Disease Control and Prevention report that deaths from fires and burns are the fifth most common cause of unintentional injury deaths in the United States, and the third leading cause of fatal home injury. In 2008 alone, one person died in a fire about every 158 minutes and someone was injured every 31 minutes.

Continue reading "Woman Killed and Apartment Destroyed in Newton Fire" »

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Posted In: Burn Injury , Personal Injury , Wrongful death

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An investigation was launched on February 8, 2010 for determining the cause of a recent explosion at a Middletown, Connecticut power plant that killed at least five people and injured a dozen or more others. Based on a northjersey.com story, the huge explosion of the under-construction power plant occurred on February 7, 2010 at 11:15 a.m. and was so massive that residents heard and felt the boom as far as 20 miles away. Approximately 50 to 60 people were in the area at the time of the blast, and while hospital officials have not released the conditions of all of those injured in the power plant explosion, the report mentioned that one pipefitter injured in the explosion suffered a broken leg and wounds ranged from minor to very serious.

Construction for the 620-megawatt power plant was almost complete prior to the explosion. It was being built to produce energy mainly using natural gas, which, according to the report, accounts for almost a fifth of the nation’s electricity. The Connecticut Fire Marshalls and Colorado members of the U.S. Chemical Safety Board, which investigates industrial chemical accidents, are currently working together in determining exactly what happened. The explosion took place while workers for the O&G Industries construction company were purging a gas line and clearing it of air.

Continue reading "Cause of CT Power Plant Explosion under Investigation" »

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Posted In: Chemical Exposure , Explosion Accident , On the Job Injury , Personal Injury , Premises Liability , Workers Compensation , Wrongful death

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A chemical plant worker in DuPont, West Virginia has died from exposure to phosgene that took place on January 23, 2010, according to a money.ca.msn.com article. The federal Occupation Health and Safety Administration stated that inspectors are examining a series of leaks that shut down the eastern Kanawha County plant and caused the employee to die. The plant was closed temporarily due to three leaks being reported; however, one leak went undetected for an entire week. The plant is currently reviewing operating procedures and there are no pressing plans to begin production.

Phosgene is a colorless gas that, as demonstrated in this particular incident, can be extremely dangerous because its odor may not be noticed and symptoms of exposure are usually gradual to appear. According to the Centers for Disease Control and Prevention, those who have been exposed to an unsafe amount of phosgene are typically observed by doctors for up to 48 hours since it may take that long for symptoms to develop or re-emerge. Some delayed effects of phosgene exposure may include difficulty breathing, low blood pressure, coughing up white to pink-colored fluid as a sign of pulmonary edema, or heart failure. While most individuals who survive phosgene exposure experience a full recovery, many of those affected develop emphysema and chronic bronchitis.

Continue reading "Worker Dies after Exposure to Poisonous Gas Phosgene from Chemical Plant Leaks" »

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Posted In: Chemical Exposure , Law & Information , On the Job Injury , Personal Injury , Premises Liability , Workers Compensation , Wrongful death

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On January 25, 2010 an Appellate Division panel of Judges ruled in the case entitled Bennett v. B.J. Lounge and Jeffrey Newton. In this case, the plaintiff sued for personal injuries he sustained while performing work at a tavern in Upper Deerfield Township New Jersey. The plaintiff was hanging a Philadelphia Eagles football team banner on an interior wall of the tavern. The plaintiff pushed a metal chair from the floor of the tavern against the wall and stepped onto the chair to hang the banner. The chair collapsed and the plaintiff sustained significant personal injuries. The plaintiff filed his cause of action and alleged that the metal chair was a dangerous condition that existed on the tavern’s premises and that the plaintiff had not been warned of this dangerous condition. Both the trial court and the Appellate Division dismissed this claim. Both Courts reasoned that the plaintiff failed to provide expert testimony to show that a reasonable inspection of the chair before the accident would have prevented the accident.

In order to prevail in a case such as this it is important to show that the defendant had either actual knowledge or constructive knowledge of a dangerous condition that could result on injury. It is not enough merely to demonstrate that the injury occurred. By employing an expert who specializes in these types of accidents, the plaintiff could have shown that the tavern should have been aware of this dangerous condition on the tavern premises. If you have been injured in a fall, Contact an attorney at the Princeton, New Jersey law firm of Lependorf & Silverstein, P.C. for a free consultation regarding your legal rights. The personal injury attorneys at the Princeton, New Jersey law firm of Lependorf & Silverstein, P.C. have extensive experience in litigating these types of personal injury claims. Let the personal injury attorneys at the Princeton, NJ law firm of Lependorf & Silverstein, P.C. go to work for you today.

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Posted In: Premises Liability

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As the State of New Jersey sits and braces for a major snowstorm, we look to both the joy and beauty of a snowstorm, but also the dangers that are inherent with this inclement weather.

Almost every one of us remembers the fun associated with a snow storm as a child. Perhaps school would be cancelled, we went sledding, built snowmen, had snowball fights, etc. Now, as an adult, we may enjoy the beauty that a significant amount of snow can bring, but we also must be extremely cautious to try to avoid the accidents that are so prevalent with this slippery substance.

Automobile accidents that occur as a result of snow are very common. Remember, in the State of New Jersey, you are obligated to operate your motor vehicle in a fashion that is safe given the conditions that are presented. What this means is that when it is snowing, you may have to drive below the speed limit, or you may have to give more room to the vehicle in front of you. Many rear end accidents occur because a driver stops and the driver behind him or her tries to stop but slides into the rear of the stopped vehicle. The driver of the vehicle that slid will often say that they are not at fault because they could not avoid sliding. Again, remember that you must drive in a fashion that is safe for the conditions presented. The driver that slid and rear ended the car in front will likely be cited for careless driving and will likely be responsible for damages that occurred to the occupants of the vehicle that was struck. Snowy roads demand an extra degree of caution by those traversing the roadways.

Slip and falls as a result of snow covered walks and parking lots are also very common with major snowfalls in the State of New Jersey. Absent a contract to the contrary with a third party, property owners have the legal obligation in the State of New Jersey to keep their walkways and sidewalks clear of snow and ice so that they are safe for pedestrians. What this means is that if you have a sidewalk in front of your house or business establishment, you must make sure that it is shoveled, sanded and/or salted. Otherwise you can be held legally responsible for an injury that occurs as a result of an unsafe condition leading to a slip and fall. If you slip and fall in the parking lot of a business or housing development, the owner of the property may be held responsible for the damages that you sustained.

If you are injured as a result of an auto accident or slip and fall in the State of New Jersey, call the attorneys at Lependorf and Silverstein immediately. We have been serving injury victims in the State of New Jersey for nearly twenty years and we know what immediate steps must be taken. Do not delay – call one of our attorneys today so that we can ensure that your case is handled in a professional fashion.

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Posted In: Auto Accidents

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In what is being called a tragic accident, a 17-year-old girl has lost her life after being hit by a car in Randolph. According to a nj.com article, the young girl was crossing Route 10 when she was hit by a car driven by a 59-year-old Morris Township woman. Morris County Prosecutor stated that no criminal negligence on the part of the motorist caused this fatal incident. The motorist was driving westbound and had a green light at the time of the pedestrian accident. Apparently, the girl crossed the highway at the Center Grove Road intersection at 8:45 p.m.

As tragic as this accident is, it serves as a reminder of how important it is for drivers to be on full alert, even when it is their right-of-way or when they have a green light. Although at the time of the article’s release, it was said that the investigation into this accident is still ongoing, authorities may not charge the motorist who took this young girl’s life. However, blood and urine samples for testing to determine any alcohol or drug presence in the female driver are pending.

Continue reading "Randolph Pedestrian Accident Proves Fatal" »

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Posted In: Auto Accidents , Pedestrian Accidents , Personal Injury , Wrongful death

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Based on New Jersey State Police fatal accident statistics and data from the Ocean County and U.S. Census, Ocean County has been deemed the deadliest place to drive in New Jersey. According to a jacksonnjonline.com article, there were 589 roadway fatalities in the state of New Jersey in 2009. 64 of these tragic accidents took place in Ocean County. More specifically, fatal auto accidents in Ocean County averaged 34.5% higher than the state’s average per county and 16 more than Burlington and Middlesex Counties.

New Jersey Route 527 was the site of two serious school bus accidents which in total sent 5 children to hospitals in 2009. The reports also revealed that the county seat of Toms River lead Ocean County in fatalities with 10, 50% of which occurred on State Highways 37, Garden State Park and 35. Only 5 of the fatal Toms River accidents happened on city and county roads. In addition, Jackson Township experienced 9 auto accident fatalities, 2 of which took place on Interstate 95.

Continue reading "New Jersey 2009 Auto Accident Fatality Statistics Released" »

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Posted In: Auto Accidents , Law & Information , Personal Injury

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It may come as a surprise to many New Jersey residents to learn that there has not been a fatality-free New Years since 1986. Preliminary statistics have been released by the New Jersey State Police that reflect zero fatal auto accidents for the designated New Years holiday period. This phase began at 6:00 p.m. on December 31, 2009 and ended on January 4, 2010. However, based on a jacksonnjonline.com report, the Christmas holiday week brought 11 fatal accidents. The article also mentions that one individual was killed in an auto accident on New Years Eve Day in Egg Harbor Township, but the incident did not fall within the “holiday period.”

According to the article, the U.S. Department of Transportation distinguishes these holiday periods, which may range from one to five days. The preliminary numbers mentioned above are subject to change if municipalities report any crashes at a later time. These statistics may also change if a victim of an auto accident in New Jersey during the New Years holiday period succumbs to his or her injuries within 30 days of the incident.

Continue reading "First Fatality-Free New Years in New Jersey since 1986" »

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Posted In: Auto Accidents , Law & Information , Personal Injury , Wrongful death

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A recent nj.com article discusses an accident along the New Jersey Turnpike in mount Laurel that injured a van and tractor-trailer driver. According to the report, the van, driven by a 67-year-old man, was exiting the James Fenimore Cooper Service Area when it collided with the tractor-trailer driven by a 41-year-old man at 5:45 in the morning.

As a consequence of the collision, the tractor-trailer uncontrollably slid off the road and fell down a steep embankment. The truck driver was stuck for almost two hours before firefighters specializing in “high angle rescues” were able to safely rescue him. However, the truck driver endured a broken leg and shoulder as well as facial injuries.

There is no doubt that auto accidents in New Jersey involving tractor-trailer trucks can have catastrophic consequences. When a motorist is injured in an auto accident at no fault of their own, compensation may be sought from negligent parties responsible for causing the accident and subsequent injuries. Whether your auto accident resulted from another motorist texting while driving, operating his or her vehicle under the influence of alcohol or drugs, or driving recklessly, you may qualify to receive compensation for medical expenses, property damage, pain and suffering, and loss of wages. However, in order for such an endeavor to be successful, you may want to consider seeking legal advice and representation from an experienced personal injury attorney.

Continue reading "Van Collides with Tractor-Trailer in Mount Laurel" »

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Posted In: Auto Accidents , Personal Injury , Truck Accidents

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