New Jersey Injury Attorney Blog

Whenever someone is injured in a New Jersey pedestrian accident, it is important to determine what caused the crash and who was responsible. In 2010, New Jersey expanded the rights of pedestrians and increased penalties for motorists who fail to properly yield right-of-way at intersections and crosswalks.

Under New Jersey Statute 39:4-36, motorists must come to a complete stop “and stay stopped for a pedestrian crossing the roadway within any marked crosswalk.” Before this revision, drivers were required to yield but not to completely stop at crosswalks. Drivers must also “yield the right-of-way to a pedestrian crossing the roadway within an unmarked crosswalk at an intersection.” Pedestrians do not, however, always have the right of way.

“No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.” This means that injured pedestrians who unsafely step into traffic at a dangerous location may not be able to pursue financial compensation for the injuries they have suffered. There are a few exceptions. In cases that involve a negligent motorist or a dangerous roadway, the pedestrian may hold the negligent driver or the governing body in charge of maintaining the roadway liable for injuries, damages, and losses they have suffered.

The New Jersey pedestrian accident attorneys at Lependorf & Silverstein have an excellent track record representing injured pedestrians in New Jersey. Our goal is to obtain fair and full compensation for our injured clients and hold negligent parties accountable for their actions. For more information about how to pursue your legal rights after an accident in New Jersey, please contact our office at 609-240-0040 for a free consultation.

New Jersey is a "choice state," which means that drivers may choose no-fault insurance or a standard policy that allows them to sue an at-fault driver following a car accident. With New Jersey no-fault insurance it is typically only possible to file a lawsuit if the injuries suffered are severe and the damages suffered exceed the limits of the victim’s insurance policy. In such cases, it may be necessary to prove fault for the crash. If the injured victim has chosen a basic insurance policy, it may be necessary to prove fault even following a minor collision.

Proving fault is relatively easier when one of the drivers is cited for the crash by the authorities. Driving while intoxicated, running a red light and speeding are all forms of driver negligence that may result in a citation or arrest. A driver does not, however, need to be cited for an accident to be held civilly liable for the damages suffered.

Many car accidents involve partial liability shared between two drivers. In such cases, both drivers may share the costs of the injuries suffered. A determination must be made as to whether both drivers share equal responsibility or if one driver was more responsible for causing the crash. These are examples of cases where having an experienced and knowledgeable Princeton vehicle accident lawyer on your side could make a significant difference in the type of compensation you receive.

The skilled New Jersey personal injury attorneys of Lependorf & Silverstein help injured victims of New Jersey car accidents obtain fair and full compensation for the injuries, damages and losses they have sustained. Please contact us at 609-240-0040. We will examine the facts and circumstances of your case and help you determine the best course of action.

Following a serious truck accident in New Jersey, victims may be left not knowing where to turn or what to do. Victims of accidents involving a negligent truck driver have legal rights and options available to them. An experienced New Jersey truck accident attorney can help injured victims pursue financial compensation for their injuries, damages, and losses following a truck crash in New Jersey.

A personal injury claim is a lawsuit that allows victims of a New Jersey truck accident to pursue financial compensation for the damages suffered in the crash. Damages are defined as any losses sustained in an accident. Damages may include financial losses, such as time spent away from work because of an injury, and non-financial losses, such as mental anguish or physical pain and suffering following a devastating injury.

A successful personal injury claim should cover all medical expenses related to a crash. Emergency room bills, surgeries, medical devices, and prescription drug costs related to an accident should be included in a claim. Future medical expenses, such as physical therapy fees and return checkups should also be included. Other damages that should be considered in a claim include lost wages, physical pain, suffering, and automotive repairs. To understand all of the damages that may be recovered following a truck accident, victims have it in their best interest to speak with an experienced personal injury attorney.

The skilled New Jersey truck crash lawyers at Lependorf & Silverstein have experience dealing with powerful insurance companies that represent negligent truck drivers and trucking firms. We have helped many victims get the money they need to move on with their life following a devastating truck accident in New Jersey. Please call us today at 609-240-0040 before your statute of limitations runs out. We are here to help.

This winter, New Jersey drivers will be required to clean snow and ice from their windshields and vehicles or risk facing fines, according to NJ.com. A new law went into effect on October 19 that requires drivers to clean off their windshields to the best of their ability before driving. This amends a previous law that punished drivers for failing to clear their windshields if any injuries or property damage occurred because a driver failed to clean their car.

Fines for failing to clean windshields, windows, and the car’s hood and roof will range from $25 to $75, but no motor vehicle points will be assessed for a violation of the rule. If the failure to remove snow or ice from a vehicle results in an injury or property damage, drivers will be fined between $200 and $1,000. Commercial motor vehicle drivers who fail to clean their windshields will be fined between $500 and $1,500 for each offense.

According to New Jersey state officials, snow and ice left on a vehicle can become a projectile, which can create hazards for other drivers. In addition, snow and ice on a windshield can obstruct a driver’s line of vision, which can lead to New Jersey car accidents.

The winter driving season is always hazardous for New Jersey drivers. Hopefully, this new law will have the intended effect of preventing accidents due to snow and ice buildup on vehicles. If you have been involved in a New Jersey automobile accident because of another driver’s negligence, contact the New Jersey automobile accident lawyers of Lependorf & Silverstein at 609-240-0040 for a free consultation on your case.

New Jersey may create a voluntary registry that will be used to notify family members if one of their loved ones is involved in an automobile accident, according to NewsTranscript.com.

Under the bill, individuals with New Jersey’s driver’s licenses or New Jersey-issued ID cards would be allowed to submit the name and phone number of their preferred emergency contact to the Motor Vehicle Commission. If that person is injured or killed in a New Jersey car accident, the registry would be able to notify the family. In addition, the plan would lower the age requirement for state-issued ID cards from age 17 to 14 with parental consent.

The bill is known as Sara’s Law in honor of a 19–year-old from Sayreville who was critically injured in a car accident in 2007. The family was not immediately contacted after the accident. Instead, Sara’s parents heard about the accident when a friend of Sara’s called to ask about her condition. When parents arrived at the hospital, Sara had slipped into a coma and never regained consciousness. Sara’s mother wants this situation to never happen to another family.

This tragic story illustrates how important planning for the worst can be. If you or a loved one has been involved in a New Jersey car accident, contact the New Jersey personal injury attorneys at Lependorf & Silverstein. They have extensive experience in working with accident victims and their families at a very stressful time in their lives. Contact us today for a free consultation at 609-240-0040.

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" »

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" »

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" »

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" »

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" »

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" »

After an unfortunate sequence of fatal food-borne illness outbreaks involving various food products ranging from peanuts to cookie dough to spinach, a Senate bill, the Food Safety Modernization Act, has recently been approved. However, according to nj.com, even though the bill to refurbish the FDA’s food safety system was unanimously accepted, it may not receive a floor vote until 2010. This may be partly due to the issue of funding for the food safety reform, which would drastically improve and increase Food and Drug Administration (FDA) regulatory powers.

The chairman of the Health, Education, Labor and Pensions Committee says the new FDA program may cost almost $4 billion over a period of five years. Considering that the FDA safeguards approximately 80% of the U.S. food supply, which includes imports from over 200 countries, there is no doubt that this bill will greatly help their efforts and is worth the cost.

The reformed safety program would allow the FDA the ability to order a food recall rather than force them to wait for a producer to respond to a recall request. The Senate Bill will also enforce more regulated inspections, especially for high-risk facilities. If passed in 2010, this will be the first major food safety reform since the Great Depression.

Continue reading "Federal FDA Food Safety System Still in the Works" »

The anticipated increase in the number of freight trucks, tractor trailers and big rigs traveling through Morris County is estimated to rise to as much as 90,000 within twenty years (quite a large jump from the current approximate 20,000 to 30,000 trucks). According to an nj.com article, this shift in truck flow can be attributed to the expansion of the Panama Canal, which will accept much larger vessels and an expectedly huge increase in materials being shipped. Most of these ships transporting goods will come to ports in New Jersey and New York, which is good for business but brings the safety of Morris County’s freight hauling infrastructure to question.

In a large series of efforts being put together well ahead of time, Morris County transit officials have initiated a study of local road and rail systems to ensure that the freight hauling roadways will be ready for as much as triple the amount of powerfully large trucks. As it is, Routes 80 and 287 see a great deal of tractor trailers already, so the presence of more will require motorists to heighten their awareness as well. According to the report, Routes 23, 206, 10 and 46 are also not strangers to the tons of big rigs attempting to find shortcuts through New Jersey to transport freight from Port Newark.

A contract was approved amounting to $239,000 for a traffic consultant and the study is being funded by the North Jersey Transportation Planning Authority. The assistant county transportation director said that the following will be done in accordance with these efforts:

• Economic impact analysis to include regions in Morris County that are most suitable for freight-related industry


• Collection of transportation data


• Short-term and long-term suggestions for highway and rail improvements

Continue reading "Traffic Increase of Freight Trucks Expected in Morris County" »

According to an app.com article, the construction of a new bus and truck inspection facility should be finished along the Garden State Parkway by June 30, 2011 on the spot of the existing Herbertsville facility. Located at mile marker 94.6 on the southbound side of the highway, the new facility will contain a waiting area for passengers of buses that are determined to be unsafe after being inspected. The executive director of this project stated, “It’s not our intention to delay passengers, but if the bus shows signs of being unsafe, we need to pull it off the road.”

Based on authority reports, the article also mentions that approximately 1,185 buses have been stopped so far this year by State Police from Troop “E” based in Middletown, and 122 buses have been inspected by troopers and the Department of Transportation’s motor carrier and bus inspection unit. And buses aren’t the only vehicles being examined. Apparently 964 trucks out of 7,140 stopped were also inspected by DOT officials and State troopers for appearing to be unsafe.

Continue reading "Garden State Parkway to Have New Bus and Truck Inspection Facility" »

As one of the most silent and invisible forms of personal injury, lead poisoning has put far too many children at risk throughout the State of New Jersey. Based on a nj.com report, health officials have proposed new and stricter standards that should allow children suffering from lead poisoning quicker access to health services in addition to having their homes (as the site of exposure ) examined sooner. A major change made by New Jersey health officials is the proposed lowering of the blood-level threshold said to determine whether a child exposed to toxic lead requires follow-up care and whether an environmental investigation is needed to determine its source.

According to the article, health officials are now aware that lead levels once thought to be tolerable are now known to be far too dangerous, especially when it comes to children. Depending on the level of lead exposure, some of the injuries children could encounter from lead poisoning may include, but are not limited to:

• Developmental problems


• Damage to normal growth


• Severe brain damage


• Seizure


• Coma


• Wrongful death

Continue reading "New Jersey Strengthens Combat against Lead Poisoning" »

A safety measure that should have helped preserve life instead took the life of a New Jersey man. Three years ago, a 34-year-old man was killed when the car he was riding in crashed into a guard rail while traveling southbound on the New Jersey Turnpike near Route 80 in Ridgefield. According to an NBC news article, the 34-year-old was not killed by the impact of the crash, but by a perforated guard rail that punctured the passenger side of the car and then struck the man.

Reportedly, the attorneys representing the deceased man’s family argued that the guard rails were installed both too close to the road and atop too high of a curb. If not for the improper installation, it was argued, the tragedy may have been avoided. Unfortunately, according to the report, even though the conditions in which the guard rails were installed were brought to the attention of the New Jersey Turnpike Authority, the supposed problems have not been corrected. A spokesperson from the Turnpike Authority failed to comment on the accident citing pending litigation.

Accidents that result when local municipalities, and other groups in charge of road maintenance and upkeep, fail to properly perform their services are not the fault of motorists. In the above mentioned case, a dangerous road condition played a detrimental role in the loss of human life. While there is no way of knowing whether or not an alternative installation or modification of the guard rail would have made a difference, such a safety issue is certainly worth looking into if it means that potential lives may be saved as a result.

For all instances where individuals are injured or lose their lives, a New Jersey fatal car accident lawyer can help you hold local municipalities liable for monetary damages resulting from the accident. Not only are these types of tragic accidents unexpected, they often leave families to cope with emotional grief and financial stresses that no one should ever have to endure. Wrongful death litigation can be very complex, which is why obtaining legal assistance from a professional can make all the difference in receiving recompense for medical bills, lost wages, and even funeral costs from the negligent party or parties whose actions contributed towards the accident.

Continue reading "Perforated Guard Rail to Blame for Death of New Jersey Man" »

As Halloween approaches, New Jersey Police officers are reminding citizens to be on alert whether they are driving or walking along the streets. Based on an nj.com article, there has already been an increase in pedestrian fatalities this year, with 127 deaths reported compared to 103 last year during the same timeframe. Five of those pedestrian victims have been 16 years of age or younger, which is why the recent warning relating to Halloween emphasizes being cautious of the whereabouts of children.

According to a New Jersey police Sgt., children have been known to run into the street without checking for vehicles in the hubbub of trick-or-treating, and wear costumes that limit their vision, not to mention their visibility to others. In order to help monitor the safety of children as well as others out on the night before Halloween and on the day of Halloween, stations will be putting extra troopers in areas where trouble and mischief is known to be more prominent.

New Jersey Police reported that since 2001, there have been 10 pedestrian fatalities on Halloween and there was one pedestrian death each Halloween during 2008, 2007, 2006, and three deaths in 2005. Two teenagers were killed in 2004.

Continue reading "New Jersey Police Warns Drivers to be Careful Halloween Weekend" »

It seems as though the advancement of electronic devices, particularly cell phones, has shaped drivers into compulsive multi-taskers, which unfortunately translates to a heightened risk of auto accident injury when a motorist is texting, talking, or dialing on a cell phone. Fortunately for New Jersey, a driver’s temptation to use his or her cell phone is curbed due to the fact that it is illegal for drivers of all ages to use hand-held communication devices. In fact, now as a primary offense, law enforcement can pull a driver over for utilizing such devices while driving.

Many auto accidents and pedestrian accidents in New Jersey are caused by driver inattention or distraction, which can be attributed to cell phone use in some cases, even though it is against the law to distract oneself with a device such as a cell phone. Causing others to suffer catastrophic injuries and even wrongful death is definitely not worth sending your friend a message that can wait until you are no longer driving. Bringing such dangers to light, a comprehensive study conducted by Virginia Tech Transportation Institute this past summer reveals how any use of a cell phone while driving increases the risk of an accident occurring.

According to a courierpostonline.com article, the study revealed that a driver’s eyes are taken off the road for approximately 4.6 seconds out of every six seconds driving when he or she sends or receives a text message. To put things in perspective, at 55 mph, this amounts to driving the distance of a football field while not paying attention to the road in front of you. The study also revealed that drivers who choose to text and drive are more than 20 times more likely to be in a collision than a non-distracted driver is.

Continue reading "Study Emphasizes the Many Dangers of Cell Phone Use While Driving" »

Considering that emergency rooms throughout New Jersey calculated 3.3 million patient visits in 2008, it is understandable that hospitals are making efforts to lower waiting periods. In doing so, it is our hope that incidents of medical malpractice decrease as well. As long as medical professionals exercise a high standard of care, it shouldn’t be a problem for emergency rooms to utilize a rapid evaluation unit so that main emergency departments can care for the most severe patients. According to a northjersey.com article, one of the main advancements is the use of an electronic bed-tracking system that helps keep medical staff informed as to when beds become available.

According to the report, an analysis of 1,725 emergency rooms showed that wait times average 37 minutes nationally for a medical professional to check a person’s vitals and inquire as to what the problem is. This timeframe is more than twice the suggested period for patients in the most critical of conditions. In regards to receiving treatment and being discharged, the national average is 4 hours and 3 minutes, with New Jersey ranking 29th in the study with 4 hours and 12 minutes. Based on the report, the President of the American College of Emergency Physicians stated that extensive waits for receiving medical care are “very troubling and dangerous.”

In discussing emergency wait timeframes and bed congestion, the director of pediatric emergency medicine at Morristown Memorial Hospital said in the article that the change required to reorganize an emergency room for rapid patient evaluation is something that some physicians and nurses may resist. Due to being extremely busy and having developed a system that they feel already works in an organized way, these medical professionals will have to be open to change in order for the rapid patient evaluation system to work properly.

Continue reading "New Jersey Emergency Room Wait Expected to Decrease" »

More than a dozen southern New Jersey communities will be hosts to the fourth Pedestrian Decoy Program on August 14, 2009. The initiative aims to spread awareness of traffic laws by enforcing the rules of the road to help lower an increase in deaths on New Jersey roadways. According to an article, state and local authorities are concerned that the growing number of motorists turned pedestrians could negatively impact the already growing number of pedestrian deaths in New Jersey. The Pedestrian Decoy Program may force some motorists to consider the necessity of yielding to pedestrians regardless of whether or not pedestrians are following the rules of the road, particularly since violations occurring during the program could result in traffic citations of $100 or upward, and points being added to their license.

The director of New Jersey’s Division of Highway Traffic Safety said that the number of fatal car crashes involving pedestrians is “too high” and “unacceptable.” From the program’s inception in 2006, the number of fatal pedestrian auto crashes has significantly decreased. In 2006, 164 of the 771 fatal auto crashes in New Jersey involved pedestrians. However, the following year, only 150 of 774 fatal auto accidents resulted in pedestrian death. In 2008, both the number of deaths and the number of accidents decreased, with only 138 pedestrian deaths having occurred out of 590 total car crashes resulting in fatality. Sadly though, after posting the lowest level of New Jersey pedestrian deaths involving automobiles since the 1940s, the numbers started increasing in January of this year, and unfortunately haven’t ceased. Based on the report, as of August 12, 2009, there have been 103 New Jersey pedestrian accident deaths out of 344 auto accidents. At the same time in 2008, the total number of pedestrian deaths had only amounted to 79.

Continue reading "New Jersey Pedestrian Decoy Program Hopes to Raise Awareness of Laws to Decrease Fatalities" »

According to a report from multiple New Jersey news resources, including NJ.com, studies show that a startling number of drivers like to text on the way to their destinations, which creates more potential for New Jersey car collisions.

A report released by Fairleigh-Dickinson University shows that texting while driving is up by 40% in the state of New Jersey, with an estimated one in five drivers admitting a history of sending text phone messages while en route in a vehicle.

Apparently, government strategies such as fines for driving cell phone users are having less than the desired impact. Add to that the emergence of driving while texting, which shows an ever more insidious encroachment of new technology into our personal safety. The public used to be worried about drivers just talking on phones, even with Bluetooth or other wireless hands-free headsets studies showed that just diverting mental attention to a conversation could have an adverse effect on a driver’s response times.

Texting while driving goes several steps beyond this concern. The driver has to hold the phone in range of view while simultaneously viewing the road, all while manipulating the small cell phone keyboard!

Is driving while texting a victimless crime? Those impacted by its effects don’t think so. All kinds of potential accidents can result from an inattentive driver, and with the minimum state auto liability rates not even high enough to cover basic auto damage, many of these cases are ending up in NJ courts.

Continue reading "Put Down That Phone: NJ Drivers Continue to Text Behind the Wheel" »

The state of New Jersey’s Department of Health and Senior Services Department has unveiled a program, now a year in operation, to monitor what’s going on with worker injury and fatality. The Occupational Health and Surveillance Program is designed to get the word out to the relevant agencies and analysts about various types of workplace injuries in the state.

Here’s how it works according to the New Jersey Health Department’s detailed website. The program collects data on injuries directly from the hospitals by accessing demographics from hospital staff with proper release procedures. Then analysts identify where the main problems seem to be coming from, and work with local employers to create safety solutions that will effectively bring down the number of on the job injuries in New Jersey.

The program also conducts educational initiatives and gives information to the press and to public awareness agencies. In addition, the surveillance program produces news resources to keep the public eye on what is a critical problem, not just in New Jersey, but everywhere—the proliferation of volatile materials and possible illnesses in the workplace.

Some of the conditions that the OHSP has identified as priorities include silicosis, exposure to heavy metals, and “workplace asthma.” Workplace asthma is a condition brought on by exposure to some compounds in a workplace, and professionals are trying to determine exactly what substances are leading to asthma in a large population.

Continue reading "New Jersey Government Looks at Worker Injuries" »

According to this report, New Jersey’s youngest drivers will gain driving experience under some of the nation’s strictest driving laws as of spring 2010 in an effort to prevent accidents that cause personal injury in New Jersey. New Jersey Governor Corzine recently signed into law a measure which will require drivers under the age of 21 to display a sticker on the window of their vehicle which indicates that they are new drivers. The move is intended to make younger drivers more easily identifiable to law enforcement officials. The new law is called and was named after 16-year-old Kyleigh D'Alessio who was killed in a car accident involving a teen driver who also died.

In a bill-signing ceremony at D’Alessio’s former school—West Morris Central High—Corzine said, "Having a driver's license is an awesome responsibility for any teenager. The legislation I am signing today initiates several preventative measures to help avoid further teen driving tragedies like Kyleigh's while ensuring that our young people are better prepared to safely take to the roadways," he said.

The governor also signed a second law targeting younger drivers which will also go into effect spring 2010 which limits drivers under 21 from having more than one passenger in the car unless they are accompanied by a parent or guardian. This law also changes the curfew for young drivers from midnight to 5 A.M., to 11 P.M. and 5 A.M.

Auto accidents in New Jersey claim a disproportionate amount of teenage drivers’ lives, but drivers of all ages are at risk on our state’s busy streets and highways, not only from inexperienced drivers but also drunken drivers, distracted drivers, sleep-deprived drivers, and negligent drivers.

The new law also changes the naming of licenses for under-21 drivers from provisional licenses to probationary licenses. On average, New Jersey’s teenage drivers are involved in an auto accident every nine minutes and one in six licensed young drivers in New Jersey is involved in a car crash. New Jersey law enforcement officials said that if an underage driver failed to have the sticker on their car when the law takes effect, the driver would be fined $100 but did not say what the punishment for subsequent violations would entail.

If you or someone you care for has been injured or killed in an auto accident, the New Jersey auto accident attorneys at Lependorf & Silverstein may be able to help you receive the compensation you deserve. To schedule a free consultation with the experienced New Jersey auto accident lawyers at New Jersey personal injury law firm Lependorf & Silverstein, call them today at 609-240-0040.

In New Jersey, there are very strict rules that must be followed if you are to maintain a case against a public entity. Pursuant to the New Jersey Tort Claims Act, with few exceptions, proper notice must be served on the public entity within ninety (90) days of the date of the incident in order to maintain a claim. What is considered proper notice has been the discussion of many judicial opinions. Most recently, the New Jersey Appellate Division, in the case of Lebron v. Camden City Board of Education, addressed some of these issues.

The Plaintiff, Dinesha Lebron, brought suit for damages resulting from injuries she sustained more than 10 years ago when she was an elementary school student. Notice was filed within 90 days of the date of the accident. Plaintiff finally filed a lawsuit within two years after her 18th birthday (an acceptable period of time pursuant to the statute of limitations for a personal injury claim in New Jersey).

In the litigation, plaintiff answered interrogatories in which she spelled out some facts that had not been described in the original Notice of Tort Claim. The defendant filed a motion for summary judgment, asserting plaintiff’s tort claims notice was defective because the general statements contained in the document failed to sufficiently advise the public entity of the theories of liability now asserted in plaintiff’s complaint. The motion judge agreed and dismissed plaintiff’s complaint.

Plaintiff appealed maintaining that her tort claims notice was sufficient. The Appellate Division ruled that plaintiff’s notice adequately afforded notice of her injury to the defendant in compliance with the act.

Continue reading "Suing A Public Entity In New Jersey" »

The New Jersey Worker’s Compensation Act has a provision that prohibits an employee from suing an employer if that employee is injured during the course of his or her employment. This provision is commonly referred to as the “exclusive remedy provision.” There are, however, certain exceptions to the exclusive remedy provision where an injured employee can bring a claim against his employer. One such exception is the “intentional wrong” exception.

The intentional wrong exception to the exclusive remedy provision was examined by the Supreme Court of New Jersey in the case of Crippen v. Central Jersey Concrete Pipe Company, 176 N.J. 397. In this case, an employee fell from a six foot high, unsecured ladder into a sand hopper and suffocated to death. The plaintiff argued that since the defendant failed to correct Occupational Safety and Health Administration (OSHA) violations and made fraudulent misrepresentations to OSHA officials that certain unsafe working conditions had been abated, this constituted intentional wrong and the claim should survive as an exclusive remedy exception.

The New Jersey Supreme Court agreed with the plaintiff and allowed the deceased’s estate to proceed against his former employer. The Court reasoned that “a jury reasonably could conclude that the defendant had knowledge that its actions were substantially certain to result in the injury or death of one of its employees.” The Court also explained that when examining substantial certainty, a totality of the circumstances needs to be considered.

The ability to file a New Jersey personal injury claim against an employer outside the scope of Worker’s Compensation is very fact specific. Just because you have been injured on the job, it does not necessarily mean that you are prohibited from making a non-worker’s compensation claim.

The Crippen case is an example of how important it is to gather as much evidence as soon after the injury as possible to begin to build the strength of your claim. Please contact an experienced New Jersey worker’s compensation attorney at the law firm of Lependorf & Silverstein for a free consultation regarding your rights. Often, recoveries can be much greater if the plaintiff has his or her choice of venue. Contact an attorney at the Princeton, New Jersey law firm of Lependorf & Silverstein to discuss your options. It is important to contact us as soon as possible after you have been injured.

A New Jersey Appellate Division Court Ruled on May 21, 2009 that a Title 59 Notice filed in 1995 sufficiently complied with the requirements of the Title 59 Act, even though the actual lawsuit was not filed until 2004. The facts of this case are as follows. While walking home from elementary school in Camden, New Jersey, on March 8, 1995, a nine year old student was struck by a car. She suffered substantial injuries including a broken ankle. On the day of the pedestrian accident in New Jersey, the student was attending an after school reading program. She was released from the after school program before 4:00 p.m. No crossing guards were on duty at the time of her release. While crossing an intersection on her way home she was struck by a motor vehicle.

New Jersey law requires that Notice must be provided to potential defendants within 90 days of an accident if the defendant is a public entity. In this case, the Camden City Board of Education was a potential defendant for not having a crossing guard at the intersection where the New Jersey pedestrian accident took place. The Camden City Board of Education was put on notice of this claim on April 4, 1995, within ninety days.

Following the filing of the plaintiff’s 2004 lawsuit, a summary judgment motion was filed by attorneys for the Camden City Board of Education. The motion asserted that the Title 59 Notice filed in April of 1995 was deficient in that it did not spell out all theories of negligence that were contained in the 2004 lawsuit. The Appellate Division Court determined that the plaintiff substantially complied with the Title 59 requirements, “…substantial compliance means that the notice has been given in a way, which though technically defective, substantially satisfies the purpose for which notices of claims are required.” Lamiero v. W. N.Y. Bd. Of Educ.,136 N.J. Super. 585,588. This Appellate Division Court ruled in favor of the plaintiff and determined that the original Notice filed back in 1995 was sufficient.

If you or a loved one have been involved in a pedestrian accident or an auto accident in New Jersey, it is important that you seek legal representation immediately. There may be public entities that need to be put on notice of the potential claim within ninety days of the accident. If too much time elapses following the accident you may severely compromise your ability to recover damages.

Please contact New Jersey’s skilled personal injury attorneys at the Princeton, New Jersey law firm of Lependorf & Silverstein for a free consultation regarding your case. An attorney at the Princeton, New Jersey law firm of Lependorf & Silverstein can advise you of your rights following your accident. We will be sure to protect your rights. Please contact us today to discuss your legal needs.