New Jersey Injury Attorney Blog

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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A New Jersey Appellate Division Court ruled on January 13, 2010, in the case of Cooper, Sr. v. Barnickel Enterprises, A-1813-08T3, that an employee who has some “time to kill” during his workday and decides to drive a company truck to a local delicatessen about five miles from his place of employment for a cup of coffee is entitled to worker’s compensation benefits if he or she is involved in an accident during the trip to or from the delicatessen. In this case, an employee suffered multiple compound comminuted fractures to both legs and his left arm as a result of a motor vehicle accident on his way for the coffee. He was operating a company truck at the time of the accident. The injured worker had arrived for a meeting at a union hall in Winslow Township, New Jersey. The individuals with whom he was to meet were not available. The worker had some time to kill and decided to drive to a delicatessen five miles away.

The New Jersey Worker’s Compensation Court ruled in this case that the injured worker was in the course of his employment at the time of the accident and used both the “personal comfort” and the “special mission” doctrines to reach the ruling. The worker was deemed permanently and totally disabled due to his injuries and worker’s compensation benefits were awarded accordingly.

Continue reading " Worker's Compensation Benefits During Coffee Break " »

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Posted In: Law & Information , Personal Injury , Workers Compensation

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On January 5, 2010 a New Jersey Appellate Division panel of Judges upheld a lower court’s ruling that Rutgers Casualty Insurance Company acted in bad faith by refusing to settle an underlying lawsuit for its policy limits of $100.000.00. A New Jersey Supreme Court case from 1974 entitled Rova Farms Resort, Inc. v. Investors Insurance Company of America (“Rova Farms”) stands for the proposition that if a plaintiff is willing to settle his or her claim for the defendant’s policy limits, and the defendants’ insurance company, in bad faith, refuses to tender the policy limits, then any excess verdict will not be the responsibility of the defendant, but rather will be the responsibility of the insurance company.

In this recent New Jersey case, a verdict of approximately $186,000.00 was awarded by a jury after trial against Rutgers Casualty Insurance Company’s insured. Rutgers Casualty had a $100,000.00 policy in force on the date of the accident. Because the plaintiff had advised defense counsel of his willingness to settle the case for the insured’s $100,000.00 policy through a Rova Farms letter, the full amount of the verdict was deemed payable by the insurance company.

Continue reading " Insurance Company Bad Faith Upheld By Court " »

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Posted In: Insurance Bad Faith , Law & Information , Personal Injury

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Fishing boat workers put a great deal at risk when taking to the open sea to do their job. According to a news.yahoo.com report, only twenty-five miles east of Barnegat Light, New Jersey, a 38-foot Alisha Marie fishing boat sank after being struck by a large wave which “caused it [the ship] to roll.” One surviving crew member from New Jersey has been found but two men from Virginia are still missing.

The rescued man was discovered in a conscious state in a life raft soon after the distress signal was sent. Crews will continue searching for the two missing men “until it’s determined there is no chance for survival.” This determination is based on officials’ account of water temperature, weather, and the health of the missing crew members. According to the article, when the boat sank, waves were 6 feet, winds were approximately 30 mph, and the water was about 40 degrees.

Something more must be done to help prevent boating accidents along New Jersey’s coast that involve New Jersey commercial fishing industry workers. Although one death at sea in a year’s span is one too many, nine deaths in 2009 for commercial fishermen operating out of Cape May is devastating.

Continue reading " 1 Rescued, 2 Missing after Fishing Boat Sinks off New Jersey's Coast " »

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Posted In: Personal Injury , Wrongful death

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