New Jersey Injury Attorney Blog

A New Jersey Appellate Division panel of Judges reversed a lower court’s ruling on June 24, 2009 involving Worker’s Compensation benefits that stemmed from a late night brawl outside a bar in Atlantic City. In this case, an employee was attending a required banquet, sponsored by her employer, in Atlantic City. Following the banquet a group of employees went to the Toga Bar. At the bar, the employee introduced her boss to a potential customer. During the trial, the employee testified that she wanted to leave the bar to go to bed, but that her immediate supervisor advised her that she must stay. A little while later the employee and her boss stepped out of the bar but continued to discuss company business. At this point, outside the bar, the employee’s boss became involved in an altercation with a third person. During the course of this fight the employee was struck and sustained an injury. She applied for worker’s compensation benefits claiming she was injured on the job.

The initial workers compensation court denied her claim. The court reasoned that she was not entitled to benefits because her activities were “merely social.” The court further reasoned that the activities that took place both inside and outside of the Toga Bar were not within the scope of her employment. The Appellate Division, however, reversed the lower court’s decision and awarded workers compensation benefits to the injured employee. The Appellate Division reasoned that while her injuries were the result of a social activity, this social activity was required by her boss and was within the scope of her employment. The Court seemed persuaded by the employee’s testimony that she wanted to leave the bar because it was late and that her supervisor told her “if I have to be here so do you.” Also, there were prospective customers at the bar and when the injury took place, the employee and her boss were discussing company matters.

The facts in this case are different from the typical fact pattern in which a group of employees decide to meet for drinks after work and an injury occurs. The fact that this social activity was required, that business was conducted at the bar, and that when the employee asked her boss if she could leave he told her she had to stay, is what ultimately swayed the Appellate Division panel. If you have been injured during the course of your employment, you may be entitled to workers compensation benefits. Contact an attorney at the Princeton, New Jersey law firm of Lependorf & Silverstein to discuss your legal rights. A Princeton, New Jersey workers compensation attorney at the law firm of Lependorf & Silverstein can advise you of your rights. Contact us today.

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Posted In: Workers Compensation

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Boating enthusiasts enjoying the long Memorial Day weekend and beautiful weather are struggling to put their lives back together after a tragic boating accident resulted in the New Jersey wrongful death of one man and injured four others. Law enforcement officials investigating the accident say that one boat collided with another vessel on the Manasquan River in New Jersey sometime on May 23, 2009. This report filed by United Press International said that a 24 year old man of Mahwah, New Jersey was killed when the boat that he was traveling in collided with a larger vessel between Brielle and Point Pleasant Beach, N.J.

Hospital officials say that two other passengers in the smaller boat —a 22 year old and a 19 year old—are being treated in the hospital’s surgical intensive care unit with undisclosed injuries. They claim that two other passengers in the smaller vessel were treated for minor injuries and released. Two men, ages and locations unknown, who were on the larger vessel at the time of the accident, did not suffer personal injury in New Jersey during the boating accident according to U.S. Coast Guard Petty Officer Chris McLaughlin.

The investigation into the New Jersey boating accident is still underway but McLaughlin said that early evidence suggests that the incident occurred when the operator of the smaller boat lost control of his vessel. At the time the article was published, authorities did not yet know if the consumption of alcohol or drugs contributed to the deadly accident. The investigation into the fatal accident continues and charges may be filed pending test results.

New Jersey boat accident statistics compiled by the United States Coast Guard indicate that there were 136 boating accidents throughout the state in 2007 which resulted in eight deaths and 52 people suffering injuries. Sadly, many of these accidents are avoidable and involve boat operators who are operating their watercraft under the influence of alcohol or drugs and/or piloting their vessels in a reckless and negligent manner.

Continue reading "New Jersey Boating Accident Kills One, Several Injured" »

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Posted In: Boating Accident , Personal Injury , Wrongful death

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A recent report on WPVI Channel 6 says that the 69 year old man of Trenton died from his injuries after he was struck by a bus at the intersection of South Broad and Market Streets. The New Jersey pedestrian accident occurred around 11:15 on the morning of June 1, 2009, and law enforcement officials investigating the accident say that a Stout’s Bus was northbound on South Broad Street and making a left turn onto Market when the man was struck. After the bus hit him, the pedestrian was dragged under the bus and pinned underneath, and it reportedly took emergency response personnel almost two hours to remove the body from beneath the bus.

After emergency response personnel were able to recover the pedestrian's body, he was pronounced dead at the scene.After the wrongful death accident in New Jersey, the driver of the bus was taken to Capital Health Systems at Fuld for routine blood tests to determine whether or not he was operating his vehicle under the influence of any intoxicants at the time of the pedestrian accident. Law enforcement officials investigating the accident said that they do not expect to file any criminal charges against the bus driver, but he will likely be charged with several motor vehicle offenses.

The Stout Bus Company, located in Ewing Township, owns the bus that was involved in the pedestrian accident and is under contract with Mercer County to transport employees and jurors in buses to and from the Sovereign Bank Arena and back to the Mercer County courthouse. At the time the pedestrian accident occurred, there were reportedly no passengers on board the bus. The bus has been impounded and is expected to undergo a thorough Mechanical Safety Inspection conducted by the New Jersey State Police Commercial Carrier Inspections Unit.

Continue reading "New Jersey Pedestrian Accident Kills Man" »

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Posted In: Pedestrian Accidents , Personal Injury , Wrongful death

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On June 24, State Police units and hazardous materials crews shut down Route 78 in both directions between exits 12 and 17 after a tractor trailer rear-ended a tanker truck carrying compressed liquid oxygen.

The driver of one of the vehicles had to be extricated from his truck and was flown by helicopter to a hospital and treated for injuries following the Union Township Truck Accident.

The tractor trailer struck the tanker truck between exits 12 and 13 of Route 78 West around 10:50 p.m., completely flattening the front end of the vehicle against the back of the oxygen containment tank.

As we have expressed in many of our blogs in the past, we continuously see tragic incidents on our roads and highways in New Jersey involving large trucks. Our smaller cars share the roads with these large vehicles on a daily basis and although we are not saying that truck drivers are bad drivers, we are saying that because of the size and weight of their vehicles, they must drive with extreme caution.

This particular case involved two truck drivers. Both of these drivers, because they were working at the time, may be entitled to worker’s compensation benefits. Worker’s compensation benefits are available to injured workers regardless of who is at fault. These benefits pay for medical treatment, lost time from work and a lump sum amount based on permanent disability.

Continue reading "TRUCK CRASH ON ROUTE 78 UNION TOWNSHIP" »

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Posted In: Truck Accidents

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A driver sustained serious injuries after two school buses collided in a New Jersey bus accident, according to an Associated Press news report. Some students also suffered minor injuries in this crash. Authorities say the driver of a Delsea Regional High School bus, which was not carrying any students, ran a stop sign and crashed into a bus carrying students from St. Augustine Prep School in Buena Vista and Our Lady of Mercy Academy in Franklin Township. Merisa Tolentino, a 37-year-old woman who was driving the private bus, suffered head, neck and back injuries and was taken to an area hospital.

Not following traffic rules -- such as stopping at stop signs, waiting at a red light or yielding to pedestrians -- is usually treated as negligence on the part of the driver. If you have been injured as a result of someone else's negligence, then you may be entitled to compensation for your injuries and related expenses that include cost of hospitalization, medical costs, future treatment and loss of wages if you had to miss work because of your injuries and/or hospitalization.

If you were on the job at the time of your injury, then you are entitled to NJ workers compensation benefits from your employer. If the negligent party was also on the job at the time of the crash, then that individual's employer could also be held liable for your injuries and loss. Knowledgeable and experienced New Jersey auto accident lawyers will be able to explain these issues and guide you through a complicated legal process after a personal injury accident.

Please call our skilled Princeton personal injury lawyers at Lependorf & Silverstein for a free consultation and case evaluation. We will fight for your legal rights and make sure you are fairly compensation for your injuries and loss.

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Posted In: Auto Accidents , Bus accident , Personal Injury , Workers Compensation

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A 28-year-old Middletown Township woman was seriously injured in an auto accident in New Jersey involving two cars and two heavy trucks, according to an article in the Asbury Park Press. Mary Anderson was driving alone in an Oldsmobile Alero northbound near New Monmouth Road and had to be extricated from the car after the accident. The car crash is still under investigation by police. Anderson remained in critical condition in an area hospital. None of the other drivers was seriously injured, the report stated.

New Jersey car accidents occur for various reasons. Sometimes, these crashes are caused by a driver's error or external factors such as weather or a dangerous roadway. Sometimes, it occurs because of a mechanical problem with the vehicle or a product defect issue. However, when a car accident involves a collision, someone is almost always at fault. The negligent driver or the driver at fault is usually held financially responsible for the accident, resulting injuries and/or damages.

The process of sorting through insurance issues or determining liability is never easy. It is an extremely complex process and can be time-consuming and tedious, especially at a time when you are trying to recover from serious injuries. The first step you should take if you have been seriously injured in a New Jersey car accident is to get prompt medical attention. The second step, especially if you believe you have been the victim of someone else's negligence, is to contact experienced New Jersey car accident attorneys who will investigate your case and make sure you receive fair compensation for your injuries, damages and loss. If you or a loved one has been injured in a New Jersey auto accident, please call Lependorf & Silverstein for a free consultation and evaluation of your case.

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Posted In: Auto Accidents , Personal Injury

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What happens if you are involved in a serious motor vehicle accident in New Jersey that is caused by another vehicle, and that vehicle does not have enough insurance to adequately cover the injuries you sustained in the accident? Most insurance policies that are written in the state of New Jersey have very small bodily injury limits. Obviously, the higher the bodily injury limits, the more costly the insurance premiums. Because consumers often shop for the cheapest insurance available, the bodily injury limits they purchase often are insufficient to cover a claim where individuals are seriously injured. Fortunately, in addition to bodily injury limits, insurance policies also have uninsured (UM) and underinsured (UIM) provisions. These provisions protect policyholders in the event they are injured by a car whose bodily injury limits are inadequate to cover the claim. It is important to make sure that the UM and UIM limits you have are substantial enough to cover you and your family members in the event these provisions need to be used.

The New Jersey Supreme Court ruled on June 10, 2009 in the case of Bardis v. First Trenton Insurance Company. In this ruling the Court addressed whether the uninsured or underinsured individual responsible for the underlying accident, or whether the insurance company that is providing UM or UIM coverage should be identified to the jury during a trial for damages. In this case, the defendant who caused the automobile accident had a minimum, $15,000.00 policy. This policy was not adequate to compensate the plaintiff for the injuries he sustained in the accident. Therefore, the plaintiff made a UIM claim against his insurance company, First Trenton, for additional compensation. The plaintiff and his insurance company, First Trenton, could not agree on a settlement and the case went to trial. At issue is whether the defendant at the time of trial should be identified as the insurance company or as the individual who actually caused the NJ auto accident.

The Supreme Court’s ruling leaves “identification of the insurer as defendant to the sound discretion of the trial judge to decide under the circumstances.” In essence, while the real claim in a UM or UIM case is against an insurance company, courts are concerned that if a jury feels the defendant is a company instead of an individual, the jury might be distracted “from a fair evaluation of the evidence and motivate an award of damages based on a jury’s perception of an insurer as having deep pockets.”

If you have been injured in an automobile accident and you have concerns that the automobile that caused the accident may be uninsured or underinsured, you may still have recourse through your own insurance policy. Contact the Princeton, New Jersey personal injury attorneys at the Princeton, New Jersey law firm of Lependorf & Silverstein to discuss the circumstances surrounding your claim. The Princeton, New Jersey personal injury attorneys at the Princeton, New Jersey law firm of Lependorf & Silverstein can advise you on how to handle your personal injury claim so that you benefit from all the provisions contained in your automobile insurance policy. Contact us today.

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Posted In: Underinsured Motorist Coverage

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A 27-year-old bicyclist suffered severe injuries on Route 46 in Parsippany, The Star-Ledger reports in a story. The bicyclist, who has not yet been identified by officials, was discovered injured by another driver who then called authorities. The injured victim was found lying on the shoulder of Route 46 east between Cherry Hill Road and Lackawanna Avenue. The bicyclist was still straddling the bike he had been riding, the news report states. He was severely injured and was taken to an area hospital. Police are looking for anyone who may have witnessed this possible hit-and-run bike accident in New Jersey.

Whether involving a pedestrian, bicyclist, or another vehicle, leaving the scene of a New Jersey car accident is a crime. The law (39:4-129 – Action in case of accident) states: "The driver of any vehicle, knowingly involved in an accident resulting in injury or death to any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene until he has fulfilled the requirements of subsection (c) of this section. Every such stop shall be made without obstructing traffic more than is necessary. Any person who shall violate this subsection shall be fined not less than $2,500 nor more than $5,000, or be imprisoned for a period of 180 days, or both. The term of imprisonment required by this subsection shall be imposed only if the accident resulted in death or injury to a person other than the driver convicted of violating this section.

Section (c) of that code states the driver must give his name and address and show his driver's license and vehicle registration to the person injured or to the individual whose property has been damaged. Motorists are also required under this law to render "reasonable assistance" to the injured party, which could include taking the person to a hospital or getting help to transport him or her to the hospital.

If you have been seriously injured in a New Jersey bike accident, pedestrian accident, or auto accident as a result of someone else's negligence, please contact an experienced New Jersey auto accident attorney who will help hold the negligent parties accountable and help you secure fair compensation for your injuries and loss. At Lependorf & Silverstein, we are skilled in personal injury law have the knowledge and resources to provide the quality legal representation you need during this difficult time. Call us today for a free evaluation.

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Posted In: Auto Accidents , Bicycle Accidents , Personal Injury

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A 53-year-old railroad employee, who was repairing damage from an earlier accident in Middletown died after he was hit by a truck. According to this news report in the Bucks County Courier Times, the man was killed at Big Oak and Township Line roads when a tractor-trailer carrying Keebler cookie products struck him while making a sharp right turn. The worker was apparently crouched down to repair the wiring to the train crossing lights when the large truck made a right turn and struck him.

Local officials told the newspaper that this intersection has been the scene of many accidents. The worker was reportedly wearing all the proper safety clothing including his white helmet. There were also orange cones in the area to warn motorists about the work in progress. Authorities say the driver of the tractor trailer saw the worker, but had not realized that he had hit him. He stopped immediately. The worker died from massive chest and leg injuries.

If you are injured while on the job, you will be entitled to New Jersey workers compensation benefits. If a worker suffers fatal injuries, his family will be eligible to receive workers compensation benefits. However, these benefits are hardly enough to compensate a family for the loss of their primary wage earner.

It is important for the families of deceased workers to contact an experienced New Jersey wrongful death lawyer with a successful track record of handling workers compensation issues and third party claims. In some cases, a third party (other than an employer), can be held liable.

A skilled New Jersey personal injury attorney from Lependorf & Silverstein can help you through this complex legal process and help you secure the compensation you rightfully deserve. Call us today for a free consultation.

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Posted In: Auto Accidents , On the Job Injury , Personal Injury , Truck Accidents , Workers Compensation , Wrongful death

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An Omaha, Nebraska woman has been charged with motor vehicle homicide as a result of a golf cart accident that took place last month. Two women were traveling in a golf cart on May 10, 2009 when the cart tipped over and landed on top one of the women, killing her. The driver who survived the vehicle accident submitted to a blood alcohol test following the incident. Her blood alcohol content level was recorded at .198 percent. In Nebraska, and in most states, that level is more than twice the legal limit. According to reports, both women were drinking wine with dinner just prior to the accident.

Not only has the driver of this golf cart been charged with motor vehicle homicide, but she also likely will be sued by the estate of the deceased woman in a civil court. Criminal and civil courts treat golf carts as if they are automobiles, because they are motorized vehicles. Individuals who drink and drive golf carts face the same penalties as individuals who drink and drive regular automobiles.

Similarly, individuals who drive golf carts in a careless manner and cause accidents that result in personal injury, can face the same civil penalties as operators of motor vehicles. One of the difficulties the prosecution faces in this particular golf cart accident case is that they will have to prove which of the two women was driving the golf cart at the time of the crash. Obviously, the woman who lost her life in this accident will not be able to identify the driver. The woman who survived the accident will likely exercise her fifth amendment right not to testify.

If you have been injured in a motorized vehicle crash, it does not necessarily need to be a conventional automobile for you to pursue a claim. Contact an attorney at the Princeton, New Jersey Law Office of Lependorf & Silverstein for a confidential consultation regarding your legal options.

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Posted In: Personal Injury

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Tragedy struck in the North Philadelphia neighborhood of Feltonville on Wednesday, June 10, 2009 when a car that was attempting to escape the scene of a robbery jumped a concrete curb and killed three young children who were outside in front of their home. All three children were under the age of ten. Two men stole a motorcycle at gunpoint . One fled on the stolen motorcycle and the other fled in a car. It appears as if the car was being pursued by police prior to causing this horrific auto accident. In this case, it is unlikely that the fleeing car had a substantial insurance policy that would be available to the victims and their family. In fact, the car may have no insurance at all. As for the motorcycle, stolen vehicles that are insured are not required to provide coverage to accident victims.

In so many cases such as these the victims often are unable to obtain any significant compensation. However, high speed cases sometimes can result in significant awards. Police are required to use a certain degree of care when involved with high speed pursuits. This is especially the case when these chases are through residential neighborhoods. In this case, the chase ended in a neighborhood of row houses were young children are likely to be playing outside, especially in the summer when the weather is warm and the days are long. If police do not adhere to the guidelines they must follow, often the police department can be named as a defendant in a high speed pursuit case.

It is important to obtain all records including log books, radio calls and police handbooks when considering law enforcement liability in a case such as this. Despite the tragic nature of these types of cases, it is important to seek legal representation as soon as possible so witnesses can be interviewed and evidence can be preserved. If you have questions concerning a case such as this, or any other accident injury case, contact the Princeton, New Jersey personal injury law firm of Lependorf & Silverstein for a confidential discussion regarding the facts of your case.

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Posted In: Auto Accidents

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An ironworker at the Sept. 11 memorial construction site in New York was hospitalized with hip and arm injuries after he fell 20 feet while at work, according to this Associated Press news report. Guido Castro was apparently on a break when he slipped on metal decking and fell one level. Castro was wearing a safety harness, but it was not hooked because he was taking a break. Castro suffered shoulder, hip and arm injuries. The Port Authority of New York and New Jersey is investigation this on the job injury.

Every year, thousands of construction workers are killed or seriously injured while working at various construction sites. In New York and New Jersey, where high-rise construction goes on all the time, fatalities and injuries from falls are extremely common. These construction workers face a terrible risk of injury or death every single day they wear their hard hats and go to work. New Jersey construction accidents occur even though state and federal regulations require owners, general contractors and sub-contractors to implement a variety of safety measures.

Construction workers who are injured on the job would be well-served to seek skilled legal representation to make sure their legal rights are protected and to ensure that they have someone on their side protecting their financial interests. Injured workers in New Jersey are covered by state workers compensation benefits, but that is hardly enough to compensate these workers for the types of injuries they suffer. There is potential for more compensation, especially where there is negligence on the part of a third party – and often, that is the case. The skilled New Jersey workers compensation attorneys at Lependorf & Silverstein are experienced in work related accidents and personal injury claims. We can help you receive New Jersey workers compensation benefits as well as reimbursement for pain and suffering, medical expenses, and future loss of wages. Call us today for a free consultation.

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Posted In: On the Job Injury , Personal Injury , Workers Compensation

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