New Jersey Injury Attorney Blog

Three people suffered severe head injuries in a minivan rollover crash on Route 55 in Millville, New Jersey, according to this news report in South Jersey News Online. The Ford Windstar van driven by Richard Andrus Jr., 44, and was northbound on Route 55 when for an unknown reason it left the roadway and went over a grassy median.

The van spun and rolled over when the driver tried to overcorrect. Both Andrus and his front-seat passenger, 48-year-old Mark Hitchner, were ejected on to the roadway. The passenger in the rear seat, 50-year-old Joann Hitchner, was still inside the van and conscious, State police said. The investigation is focusing on whether Andrus and Hitchner were wearing seatbelts and whether alcohol was involved in this New Jersey auto accident. Both men suffered severe injuries to their legs, arms and head.

Rollover accidents cause the most number of fatalities in the United States. According to the National Highway Traffic Safety Administration (NHTSA), each year there are more than 40,000 motor vehicle accidents out of which more than 10,000 are rollover crashes. These accidents often end up in major injuries or deaths because the vehicle’s roof can cave in on its occupants causing traumatic brain injuries and spinal cord injuries. Some of these accidents also occur because of auto product defects in vehicles that could cause them to become unstable or cause the driver to lose control.

A skilled New Jersey personal injury attorney will have the vehicle examined for malfunction and other product defects such as seat restraint failures and tire defects. Auto makers are liable to vehicle occupants who have been injured because of their defectively manufactured or poorly designed vehicles. If you or a loved one has been injured in a New Jersey rollover accident, please call Lependorf & Silverstein today to talk about your legal rights and options.

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Posted In: Auto Accidents

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The New Jersey Supreme Court ruled on January 22, 2009 that a licensed alcoholic beverage server has no duty under New Jersey’s Dram Shop Act to monitor consumption of alcohol in cases involving self-service of alcoholic beverages. Typically, the Dram Shop Act provides individuals with a civil remedy if they are injured as a result of negligent service by establishments of excessive alcohol. Such alcohol servers are deemed negligent if they serve a visibly intoxicated individual. The Act does not impose a duty to monitor alcohol ingestion. In the case of Mazzacano v. The Estate of Kinnerman Et. Al., defendant, Happy Hour Social and Athletic Club of Maple Shade Inc. was licensed to dispense alcohol at its annual “Pig Roast.” Guests “self-served” themselves from a beer truck. There were no bartenders. Following the pig roast John A. Kinnerman lost control of his car with three passengers, and all four were killed.

This New Jersey Supreme Court ruling holds that “if a licensed server allows the self-service of alcohol to a visibly intoxicated person who then causes an auto accident proximately related to his intoxicated condition, it can be held accountable under the act.” In this case, Kinnerman was not observed to be visibly intoxicated at the Pig Roast, despite an autopsy that revealed a .181 BAC (blood-alcohol content) level. Based on the lack of visible intoxication, the Trial jury held the Club not liable for the fatal New Jersey drunk driving accident in this case.

If you have been injured in an accident in which alcohol consumption was a contributing factor, you may be able to use New Jersey’s Dram Shop Act to your benefit. Contact a personal injury attorney in New Jersey at the law firm of Lependorf & Silverstein, P.C. for a consultation regarding your rights.

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A New Jersey company has agreed to pay $325,000 to settle a sexual harassment lawsuit involving allegations that Closter’s top administrator exposed female employees to pornography. According to this news report, the settlement took place December 5, 2008 between the U.S. Equal Employment Opportunity Commission and defendants AmerTac Holding and American Tack & Hardware required the companies to provide anti-discrimination training and information to employees in addition to the payout.

The New Jersey sexual harassment lawsuit filed by the commission five years ago on behalf of 13 women claimed that John Di Stefano exposed them to pornographic images on his computers on a daily basis while calling them derogatory names. Di Stefano was the vice president of information technology at the company between 2001 and 2002.

In this case, the company official’s unwanted sexual behavior or sexual references created a hostile working environment for those women, who were obviously embarrassed and humiliated by his behavior. Sexual harassment in the workplace can come in different forms – verbal, nonverbal or physical harassment.

It is the employer’s responsibility to keep employees safe and maintain a healthy environment for them. If you have been a victim of sexual harassment in New Jersey and believe that your employer has done nothing to protect you from such harassment, you need to seek legal advice from an experienced New Jersey sexual harassment victim attorney. Please call Lependorf & Silverstein for a free consultation today.

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A Jersey City woman was attacked and injured by an unleashed pit bull while jogging through Lincoln Park, according to this news report. The 50-year-old woman was apparently jogging when she saw a man walking two pit bulls. One was on a leash and the other one was not. The unleashed pit bull then lunged at the female jogger biting her legs and knocking her to the ground. When the woman tried to push the pit bulls away, the dog bit her hands nearly chewing off a finger, which had to be partially amputated later.

Police are still looking for the dog’s owner, who reportedly took his dogs and fled from the scene. According to the victim’s daughter, Mina Morgan, the dog owner did nothing to stop the dog or render aid to her mother. Another person, who found the bleeding, traumatized woman, called 911. The news report states that it will take the victim at least two or three months to recover from the muscle damage caused by the New Jersey dog bite. The victim is also having nightmares and has been emotionally traumatized by the dog attack, her family members say. The Hudson County Sheriff’s Office is investigating this incident.

We certainly hope that the dog owner in this case is held responsible for his negligent behavior. He should have definitely stayed at the scene, restrained his dogs, called 911 and rendered assistance. The dog owner should also be made to pay for the injuries and emotional trauma the victim has, and will continue to suffer. The injured victim would be well-advised to contact an experienced New Jersey personal injury lawyer to find out how to protect her legal rights and secure the compensation she deserves.

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Two women in their forties were killed on Monday, January 12, 2009 in Union Township, New Jersey when a dump truck initiated a seven car pile-up on Route 78. In addition to the dump truck, a tractor-trailer, which jackknifed, also was involved in the New Jersey Truck crash. The two women were operating a Toyota Corolla and a Hyundai. The accident began when the dump truck which was headed westbound, crossed into the eastbound lanes of travel, struck the tractor-trailer, and overturned. The impact caused the tractor-trailer to jackknife. The dump truck driver suffered only minor injuries. The dump truck is owned by the Fusella Group of East Hanover, New Jersey.

When commercial vehicles such as dump trucks and tractor trailers are involved in accidents, the drivers of these vehicles are often employees of a company that owns the commercial vehicle. Often these companies will own an entire fleet of vehicles. The company is typically responsible for the maintenance and inspection of the vehicles. If there is a mechanical malfunction such as brake failures, the company will often be held liable for such a failure. If the truck accident in New Jersey is caused by the driver who may have been operating the commercial vehicle in a reckless or careless manner, the company is required to maintain liability coverage that covers its driver/employee.

Accidents involving private passenger vehicles lead to better survival rates. Accidents that involve one or more commercial vehicles, such as a dump truck or tractor trailer, and private passenger vehicles, lead to an increased fatality rate for the operators of the private passenger vehicles. Unfortunately, the two women who were killed in this accident in all likelihood came face to face with large commercial vehicles against which their smaller passenger cars had no chance. It is important to seek legal advice as soon after this type of tragic incident as possible. Witnesses must be interviewed and photographs for evidence must be taken before totaled vehicles are junked. Insurance companies deploy their representatives to the scene immediately, you need to have your rights protected from the beginning as well. Contact a Princeton, NJ pickup truck accident attorney at the law firm of Lependorf & Silverstein, P.C. for a free consultation. The attorneys at Lependorf & Silverstein have successfully litigated cases for millions of dollars involving large, commercial vehicles. Let the Lependorf & Silverstein team go to work for you today.

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On January 6, 2009, A New Jersey Appellate Division panel of Judges affirmed a New Jersey Division of Worker’s Compensation Department of Labor Claim that was brought by an injured worker against his former employer, Amalfe Brothers Tire Service. The injured worker was employed as an auto mechanic from 1983 until 2004. On May 1, 2000, while installing calipers on the brakes of a company vehicle, a co-worker accidentally depressed the brake pedal. This caused brake fluid to squirt into the injured employee’s left eye. The employee reported this injury to his manager. The employee attempted to wash the fluid out of his eye in the bathroom with water. On his way home he stopped at a drug store and purchased eye wash to help flush out the eye.

Over time the employee’s vision became blurry and he saw flashes. Ultimately, despite surgery, a diagnosis of an inferior retinal detachment secondary to a giant retinal tear was diagnosed. Vision in the eye is 20/200 with no hope for improvement. This loss of vision as a result of this New Jersey on the job injury has left this man essentially blind in one eye.

Due to the vision loss, the injured employee required psychiatric care. A diagnosis of post-traumatic stress accompanied the loss of vision. After taking testimony from the injured employee, the Worker’s Compensation Judge concluded that the petitioner was 63.33 % disabled and awarded him $143,640.00. Amalfe Brothers Tire Service appealed this decision. The appeal was denied. The Appellate Division panel was satisfied that the judge’s findings were appropriate.

Continue reading " Compensable Eye Injury While Employed " »

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On January 3, 2009 Dwain Allen, an 18-year-old Carteret resident was driving a stolen 2003 Lincoln Navigator south in the northbound lane of Industrial Avenue in Carteret when he crashed into a 2005 Kenworth tractor trailer. The tractor trailer was being operated by Keith Hoover, 48, of Pennsylvania Furnace, Pa. Allen was pronounced dead at the scene of the Carteret auto accident.

Apparently the Navigator had been reported stolen about a week ago and was spotted by Rutgers University police on Neilson Street in New Brunswick early Saturday morning. Officers tried to pull the SUV over, but Allen sped off, authorities said.

Officers pursued the vehicle but Allen would not stop and he ultimately collided with Hoover’s truck.

If Keith Hoover, the operator of the tractor-trailer was injured in the New Jersey truck accident, he can seek compensation from a number of different areas. If he was working at the time, he may have Worker’s Compensation benefits available to him. He may be able to pursue Uninsured Motorist benefits from his own automobile insurance policy since the accident involved a stolen vehicle. The estate of Mr. Allen may be pursued for damages. The police may be responsible for an impermissible high speed pursuit. The owner of the stolen vehicle may bear some liability, depending on the specific facts of the theft.

In an accident such as this, it is imperative to call an experienced personal injury attorney in New Jersey as soon as possible. The Law Offices of Lependorf & Silverstein offer free consultations to injured victims. Call us today at (609) 240-0040.

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We are asked all the time about what the Statute of Limitations is in an automobile accident case in New Jersey. The term, Statute of Limitations, refers to the maximum period of time that you have to file a lawsuit after an automobile accident occurs.

As the law now stands, the Statute of Limitations to bring a lawsuit for pain and suffering arising from an auto accident against a responsible party is two years from the date of the accident, or, in the case of a minor, two years from the date of the minor’s eighteenth birthday. This means that a formal Complaint actually has to be filed with a County Court within this time period. Merely visiting a lawyer during this period and/or having that lawyer put parties on notice is not enough.

We always recommend that if you are involved in a car accident in New Jersey, it is extremely important to contact a lawyer as soon as possible. Some injured victims may believe that since they have two years from the date of the accident, they have time to wait before retaining an attorney. This is often a fatal mistake.

There are some instances, such as where the responsible party is a public entity like a City owned vehicle, where formal notification must be made to the municipality within ninety (90) days or your right to sue are lost.

In almost every other automobile accident case, there is a lot of work that an experienced NJ personal injury attorney wants to get started with as soon as possible. There are issues related to liability proofs, property damage, medical expenses, medical treatment, municipal court matters, etc. that your attorney will want to get involved with as soon as possible.

If you have been injured as a result of an automobile accident in NJ, call the Law Office of Lependorf & Silverstein as soon as possible. We are happy to provide you with a free consultation to make sure that all of your rights are protected.

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Posted In: Auto Accidents

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