New Jersey Injury Attorney Blog

A fire truck on its way to a Trenton auto accident collided with a pickup truck, killing a 3-year-old girl inside the vehicle, according to this news report. The fatal accident reportedly happened at a busy intersection in Trenton.

The impact of the collision sent the pickup truck spinning into the center median where it slammed into a light pole. The toddler was rushed to an area hospital where she was pronounced dead. Two other children and two firefighters were also transported to the hospital, but their injuries were apparently not life-threatening. Several people on that street were also injured when the light pole fell, but those pedestrian injuries were only minor, the report states.

Continue reading " Trenton Fire Truck versus Auto Accident Kills Toddler " »

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A 21-year-old Saddle Brook Township woman suffered critical injuries after she was struck by a school bus and her legs got caught in one of the bus’ rear wheel wells. According to this news report, the woman was crossing Nedellec Drive when she was struck by the school bus. She was removed from under the bus and taken to an area hospital where she was in critical condition. The school bus was reportedly transporting three students. None of the students was injured. The bus was operated by Atlantic Express of Jersey City, the news report said.

If a bus accident in New Jersey occurs because of the bus driver’s negligence, the driver and his employer could be held liable for the accident and the injuries caused as a result. When pedestrians are struck by buses, it often results in catastrophic injuries or death because of the sheer size of the large vehicle that is striking the individual.

Continue reading " Saddle Brook Township Woman Seriously Injured in School Bus Accident " »

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Posted In: Bus accident , Pedestrian Accidents

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A worker aboard a commercial fishing boat died after his leg was caught in a winch while fishing about 5 miles off the coast of Manasquan. Billy Melgrum, 53, died while working on board the 65-foot Lydia J, a commercial vessel. According to this news report, the Coast Guard had received a call from a crew member aboard the Lydia J, reporting that Melgrum had injured both legs and needed immediate medical attention.

A New Jersey State Police rescue boat crew arrived and performed CPR on Melgrum, but he did not survive. An investigation into this tragic on-the-job wrongful death is ongoing, the report said.

Continue reading " Manasquan Worker Suffers Fatal Injuries Aboard Fishing Vessel " »

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Posted In: Workers Compensation , Wrongful death

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Police in North Bergen are trying to identify a man who they say was killed after two cars hit him the morning of January 31, 2009. According to this news report, neither of the drivers stopped after striking the pedestrian who was crossing the street at the intersection of 51st Street and Kennedy Boulevard.

Police believe that the second driver may not have known that he or she hit a person. The man was pronounced dead at the scene. Police are still interviewing eyewitnesses who say they saw the second car hit the man, who officials believe is about 30 years old.

Drivers in New Jersey have a legal duty to watch for pedestrians on the road. Unfortunately statistics show that more than 20 percent of New Jersey traffic accident deaths in 2005 involved pedestrians.

Continue reading " North Bergen Pedestrian Killed in Hit-and-Run Accident " »

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Posted In: Pedestrian Accidents

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A Mercer County Jury awarded a woman $1.64 million dollars in damages as a result of injuries she sustained when she was locked in the Mercer Cemetery Park in Trenton, New Jersey on November 26, 2001. The Park can be accessed through two iron gates. The Park is open to the public on weekdays from 7:30 a.m. until 4:30 p.m. Before locking the gates of the Cemetery, Park employees are to check to make sure no one is inside the Park prior to locking the gates. In this case, the Park gates were locked before 4:30 p.m., thereby locking the plaintiff inside. In order to exit the Cemetery, the plaintiff attempted to climb over a brick wall and drop to the ground outside. In attempting this exit, she fractured her right tibia. New Jersey’s Tort Claims Act requires plaintiff’s to demonstrate that public entity defendants acted “palpably unreasonably,” and that their injuries are permanent.

In this case the defendant, Mercer Cemetery Corporation, appealed the jury’s verdict claiming that the Trial Court applied the traditional ordinary negligence standard and not the more stringent “palpably unreasonable” standard. Both the Appellate Division and the New Jersey Supreme Court have ruled that in this case the “palpably unreasonable” standard should have been used by the Trial Court and the case has been remanded for retrial. Thus, the question for the jury at the time of retrial will be if the defendant in this case acted in a palpably unreasonable manner by locking this woman in the cemetery before the cemetery closed and without first checking to make sure nobody was in the cemetery before locking the iron gates. Interestingly, the New Jersey Supreme Court also determined that the jury’s award of $1.64 million dollars in damages was not excessive and refused to Order a new trial on the issue of damages.

If you have been injured in the State of New Jersey you have certain rights and may be entitled to a monetary damages award for your injury. Also, if your claim is against a Public Entity, as was the case here, you MUST put that entity on notice of your intent to file a claim within 90 days of the incident. Contact a New Jersey Personal Injury attorney at the law firm of Lependorf & Silverstein for a free consultation regarding your rights.

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Posted In: Premises Liability

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Samuel Nappers, Jr., 60, of Hightstown, New Jersey, was operating his motor vehicle in Hopewell, New Jersey when he lost control of his car as he tried to negotiate a curve on Route 29 at 11:57 p.m. As a result, he struck the retaining wall outside of Washington Crossing State Park. The wall, which is part of the park, is made up of stones and is not one smooth surface and the impact of the car was intense enough to knock some of those stones loose.

Nappers had two passengers in his car. The impact was severe enough that Nappers and his two passengers suffered fractures and all were transported to St. Mary’s Hospital in Langhorne, Pa.

Who was at fault for this New Jersey Auto accident? Most people’s initial reaction would be to say that Mr. Nappers was solely at fault, especially since he was issued a citation for careless driving. This, in fact, may be the case but there are other avenues that also must be explored. This area of Route 29 may have presented a particularly serious danger to motorists and the municipality may have been aware of this because of past accidents and/or studies done. With proper investigation, the municipality may be held at least partially liable.

Whenever a municipality can potentially be held responsible for a hazardous roadway in New Jersey, formal notice must be filed on that entity within ninety (90) days. This is called a Notice of Tort Claim and falls under Title 59. If this step is not taken, the injured party, absent a few exceptions, loses his or her right to ever bring a claim against the municipality.

If you are involved in an accident, it is imperative that you contact an experienced New Jersey personal injury attorney as soon as possible. An experienced New Jersey personal injury attorney will be able to analyze your case from all angles and make sure that your rights are protected.

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Posted In: Auto Accidents

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Alexander Castellano, a 52-year-old Union Township man was killed in a pedestrian accident on January 6, 2009, according to a news article in The Star-Ledger. Castellano was trying to cross the road on Morris Avenue near Nicholas Avenue when he was hit by a westbound Chevy Malibu driven by John Leather Jr. of North Plainfield.

Castellano died of fatal head injuries after he was thrown into the car’s windshield. Preliminary investigation apparently reveals that Castellano was not using a crosswalk. But officials are still not sure what occurred and are calling on eyewitnesses to come forward with any information they may have about this incident. If you saw this fatal New Jersey pedestrian accident or have any information, please call 908-851-5070.

As New Jersey auto accident attorneys, we know that most traffic investigations are complex. The details that come out of an initial investigation may be very different from the final determination. An accident investigation involves interviewing eyewitnesses, the parties involved in the accident as well as collecting evidence at the scene of the accident. The final determination of who was at fault for the accident will be based on the information that is collecting during the investigation.

Generally speaking, motorists are expected to yield right-of-way to pedestrians. If an accident investigation reveals that the motorist failed to do that or was driving negligently when he or she struck the pedestrian, then the motorist could be held liable for the accident and injuries caused. If you or someone you love has been the victim of a New Jersey pedestrian accident, please call an experienced New Jersey personal injury lawyer at Lependorf & Silverstein for a free consultation.

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Posted In: Pedestrian Accidents

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Frank Martinez, 21, died in a van rollover accident on the Garden State Parkway in Wall Township. According to this news report, Martinez’s Chevrolet van was on the southbound side of the roadway when for unknown reasons it veered off the side of the roadway, struck an embankments and rolled over. Officials say Martinez was ejected from the vehicle. He apparently died from fatal head and neck injuries.

Officials say Martinez may not have been wearing his seatbelt, but that they do not know for sure. Rollover accidents cause a majority of auto accident fatalities in the United States. According to the National Highway Traffic Safety Administration (NHTSA), there are approximately 40,000 fatal auto accidents in the country out of which about 10,000 are rollover crashes.

Some rollover accidents occur because of unstable vehicles that go out of control even at low speeds. Occupants of these vehicles can suffer serious injuries because of product defects such as seat belt or seatback failures. In cases where occupants are ejected from the vehicle, it is extremely important to find out whether it occurred because of a seatbelt failure. If that is the case then the auto manufacturer could be held liable for the injuries or death.

If you or a loved one has been injured in a rollover crash or believe it was caused by an auto product defect or a mechanical malfunction caused by defective product, please call the Law Office of Lependorf & Silverstein for a free consultation.

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Posted In: Rollover Accidents

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