July 1, 2010

CPSC Warns of Fireworks Injuries Over Independence Day Weekend

With the Fourth of July just around the corner, several New Jersey residents have already begun celebrating with fireworks and other devices. While a patriotic spirit is to be encouraged, far too many citizens overlook safety when utilizing these potentially dangerous objects. A new study by the U.S. Consumer Product Safety Commission (CPSC) reveals that fireworks-related incidents were responsible for two deaths in 2009 and approximately 9,000 emergency room visits for injuries. According to the CPSC, throughout the 30 days near last year’s holiday, about 6,000 injuries involving fireworks were reported in which half of the injuries related to firecrackers, bottle rockets, and sparklers.

Consumers below the age of 20 are the most prone to fireworks injuries; however, the risk of serious injury or even death still exists for anyone within close proximity of fireworks or other pyrotechnics. Some common fireworks injuries and hazards include lacerations, burns to the hands and face, loss of limbs, wrongful death, and fires.

Never allow children or young adults to use legal fireworks unsupervised and do not permit young children to tamper with or ignite fireworks or other devices. Consumers must also remember to never throw or point fireworks at another person. Please refer to the CPSC’s website for more consumer fireworks safety tips.

The New Jersey personal injury lawyers at Lependorf Silverstein want consumers to understand the importance of safety during the Fourth of July holiday. Take every necessary precaution to protect yourself and others from harm.

June 3, 2010

NJ Government Injury Accident Liability

A number of auto accidents, and, serious New Jersey personal injuries are caused by hazardous roadway conditions. If such dangerous conditions are on private property, then the property owner can be held liable for injuries caused. However, if these hazards are on the public right-of-way, then the city, county, municipality or the governmental entity responsible for maintaining that roadway could be held liable for the accident, and, resulting injuries.

What does a victim need to prove in such cases? The victim must prove that there was a dangerous condition on the public property, and, that the injuries were directly caused by that dangerous condition. As New Jersey premises liability attorneys, we often encounter cases where a governmental agency has prior knowledge of the dangerous condition, but does not make it a priority to fix the problem. Other examples of hazardous conditions include lack of proper signage, defective guardrails, stop signs obscured by foliage or other structures and lack of traffic lights or crosswalks at busy intersections.

Fighting governmental entities is never an easy task. It is important for injury victims to realize that any personal injury or wrongful death claim against a governmental agency in New Jersey must be filed within 90 days of the accident, or, injury. Such a claim must present the basis or facts, and also explain any injuries sustained. It must also name the public agency and the entities or employees who you believe caused your injuries.

Each one of these claims is unique. It takes an experienced and skilled New Jersey personal injury lawyer to help you fight for your rights in such cases. The NJ personal injury lawyers at Lependorf & Silverstein have been helping protect the rights of those injured by the negligence of others for many years. Call us at (609) 240-0040 for a free consultation and comprehensive evaluation of your case.

May 14, 2010

New Jersey Woman Settles with NJ Transit for $1.2 Million

A 19-year-old Belmar woman has settled a lawsuit with NJ transit for $1.2 million for injuries she suffered when she was struck by a passenger train. According to an nj.com article, witnesses were prepared to testify that the crossing gate was not working.

Subsequent to this incident, NJ transit made safety upgrades at 33 different stations in order to steer passengers away from dangerous sections of track. Covering a service area of 5,325 square miles, NJ Transit is the nation's largest statewide public transit system and third largest provider of bus, rail and light rail transit. NJ Transit links major points in New Jersey, New York and Philadelphia.

U.S. statistical data demonstrates that every two hours a railroad accident occurs in which a vehicle or pedestrian is struck by a train. According to The Federal Administration Office of Safety Analysis, in 2007 there were 13,067 railroad related accidents, resulting in 851 deaths and 8,801 non-fatal injuries. Rail accidents can be caused by a multitude of different factors, including signal defects, equipment malfunctions, track defects, improper warnings and human errors. Personal injuries suffered by those who have been involved in train accidents tend to be severe, resulting in tremendous pain and suffering, large medical bills, and other substantial costs.

If you or a loved one has been injured in a train accident, you should contact an experienced New Jersey injury attorney at Lependorf & Silverstein today. Our attorneys understand how to litigate a wide range of personal injury cases, and will aggressively pursue just compensation on your behalf. Call (609) 240-0040 for a free consultation with one of our skilled attorneys.

February 19, 2010

Motorist Charged in East Windsor Cyclist's Death

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.

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February 18, 2010

Three Hospitalized after Pit Bull Attack in Hoboken

Three people were recently hospitalized for bites to their legs after being attacked by a pair of pit bulls in a Hoboken, New Jersey apartment. According to a news12.com article, one of the individuals injured during the attack was the owner of the two pit bulls. At the time of the report’s release, the names of the injured victims who were taken to Jersey City Medical Center for their bite injuries were not released.

In working to advocate dog bite prevention, the Centers for Disease Control and Prevention (CDC) provides the public with helpful information regarding dog bites. For instance, the CDC suggests that no one should ever disturb a dog that is eating, sleeping, or caring for puppies. It is also important to only pet a dog after it has seen and sniffed you first; and even then, it may not be a good idea to pet the dog at all. Considering that approximately 4.5 million people are bitten by dogs every year and that almost one in five of those who are bitten require medical attention for their dog bite-related injuries, it is very important to know how to be safe around dogs as both an owner and a stranger.

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February 16, 2010

Woman Killed and Apartment Destroyed in Newton Fire

Based on an nj.com article, a 16-unit building at a Newton apartment complex burned down, killing an 83-year-old female resident. The fire was reported at 4:03 a.m. on January 22, 2010. When police officers and firefighters arrived on the scene, they found the second-story apartment on the front corner of one apartment building engulfed in flames and smoke. While authorities think that the fire may have began in the deceased woman’s apartment, the cause of this fatal fire is still under investigation.

According to the article, a neighbor was yelling to try to awaken residents of the building as well as going door-to-door to warn them. Sadly, the elderly woman’s apartment was the only one that neighbors couldn’t get into because her door had been locked with the deadbolt. Neighbors also tried to access her apartment from the front through the second-story balcony of her apartment, but the blaze’s heat was too powerful. There were no other injuries from the fire aside from one firefighter sustaining a minor hand injury after slipping on ice.

The Centers for Disease Control and Prevention report that deaths from fires and burns are the fifth most common cause of unintentional injury deaths in the United States, and the third leading cause of fatal home injury. In 2008 alone, one person died in a fire about every 158 minutes and someone was injured every 31 minutes.

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February 11, 2010

Cause of CT Power Plant Explosion under Investigation

An investigation was launched on February 8, 2010 for determining the cause of a recent explosion at a Middletown, Connecticut power plant that killed at least five people and injured a dozen or more others. Based on a northjersey.com story, the huge explosion of the under-construction power plant occurred on February 7, 2010 at 11:15 a.m. and was so massive that residents heard and felt the boom as far as 20 miles away. Approximately 50 to 60 people were in the area at the time of the blast, and while hospital officials have not released the conditions of all of those injured in the power plant explosion, the report mentioned that one pipefitter injured in the explosion suffered a broken leg and wounds ranged from minor to very serious.

Construction for the 620-megawatt power plant was almost complete prior to the explosion. It was being built to produce energy mainly using natural gas, which, according to the report, accounts for almost a fifth of the nation’s electricity. The Connecticut Fire Marshalls and Colorado members of the U.S. Chemical Safety Board, which investigates industrial chemical accidents, are currently working together in determining exactly what happened. The explosion took place while workers for the O&G Industries construction company were purging a gas line and clearing it of air.

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February 9, 2010

Worker Dies after Exposure to Poisonous Gas Phosgene from Chemical Plant Leaks

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.

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January 29, 2010

Randolph Pedestrian Accident Proves Fatal

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.

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January 27, 2010

New Jersey 2009 Auto Accident Fatality Statistics Released

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.

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January 25, 2010

First Fatality-Free New Years in New Jersey since 1986

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.

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January 20, 2010

Van Collides with Tractor-Trailer in Mount Laurel

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.

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January 15, 2010

Worker's Compensation Benefits During Coffee Break

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.

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January 15, 2010

Insurance Company Bad Faith Upheld By Court

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.

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January 6, 2010

1 Rescued, 2 Missing after Fishing Boat Sinks off New Jersey's Coast

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.

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December 29, 2009

Paramus Auto Accident Involving Tractor-Trailer Injures One

Most residents of New Jersey are highly aware of large trucks playing a leading role in the state’s economy. According to the State of New Jersey Department of Transportation, 75% of the approximate 600 million tons of goods moved each year are transported by truck. While the NJDOT works to enforce and maintain truck safety initiatives and regulations, some truck drivers are not as familiar with truck operation requirements as they should be. It is for this reason and various others that truck accidents take place in New Jersey.

A recent auto accident in Paramus involved a tractor-trailer and a Honda Accord. According to a northjersey.com article, the driver of the Honda had to be extricated from his vehicle by rescuers. He was then taken to Hackensack University Medical Center. Based on the article, road conditions were wet and caused the driver of the Honda to lose control while driving along a curve. The tractor-trailer then T-boned the vehicle on its passenger side after the Honda crossed into the northbound lane. Alcohol was said not to have been an influencing factor in causing the collision, although the accident is reportedly still under investigation.

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December 24, 2009

Gas Station Explosion Injures Construction Worker

The Occupational Health and Safety Administration (OSHA) provides particular rules and regulations for employers and contractors to follow when teaching employees how to handle and work near flammable and combustible liquids. These safety standards are elaborate and should be enforced, monitored, and maintained to the best of employee and employer ability in order to prevent incidents of explosion or fire and subsequent burn injuries, lung damage, or other serious injury.

An explosion took place recently at a former gas station located on the corner of Vauxhall Road and Millburn Avenue. According to reports, a contractor was cutting tubular metal barriers with a gas-powered saw when sparks set off lingering gasoline vapors in underground tanks. The worker and two others were treated by fire department personnel at the scene of the explosion. The worker was transported to a local hospital with shock symptoms and possible internal injuries which were said to be non-life threatening. The two other hurt individuals suffered minor injuries.

The blast shattered storefront windows at two neighboring businesses, Center Cleaners and Livingston Mart, but no other injuries or structural damage to additional businesses or residents resulted as a consequence.

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December 22, 2009

Safety Improvements for Ramapo Off-Ramp

As the site of a recent fatal auto crash that took place this summer, a few safety improvements will be made by the Thruway Authority on the Exit 15 off ramp. Some of the alterations will include raising the concrete barrier, improving signage, and lowering the recommended speed limit along the curved overpass from 45 mph to 40 mph in one section and 35 mph in another. However, a lohud.com article stated that most of the changes will be made next summer. The ramp joins the Thruway to Interstate 287 and Route 17 in Mahwah, New Jersey.

According to the article, 23 auto accidents have occurred on this overpass within the last three years. And although this does not reflect a high accident rate, it is important for safety improvements to be made to help prevent collisions. Most of the accidents along the ramp resulted from unsafe lane changes, speeding, and motorists following other vehicles too closely. In July of last year, a 44-year-old garbage truck driver was killed after his vehicle changed direction suddenly while speeding. He fell off the overpass, struck the highway below, and plummeted into the Ramapo River.

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December 17, 2009

Help Prevent Spinal Cord Injury

Spinal cord injuries are some of the most catastrophic calamities a person can endure. According to the National Spinal Cord Injury Association, several spinal cord injuries can be prevented if safe practices are used while operating a vehicle, while in the workplace, and while engaging in recreational activities. The Association also mentions a few incidents in which the risk of spinal injury may be probable. These particular cases include, but are not limited to:

  • Auto accidents which occur at speeds over 45 mph

  • Unconscious trauma or noteworthy neck or head injury

  • Helmet damage from a motorcycle crash

  • A pedestrians being struck by a vehicle at speeds exceeding 18 mph

  • Considerably large falls, especially involving the elderly

  • Surfing accident or shallow water diving accident

  • Penetrating injury to the spinal region

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December 15, 2009

New Jersey Resident Killed On the Job in Alaska

A 59-year-old New Jersey resident was recently killed in an accident at Prudhoe Bay’s North Gas Injection Pad in Alaska on November 18, 2009. According to the Anchorage Daily News, the North Slope worker was a BP contractor who worked for MISTRAS Group Inc., a Princeton Junction, N.J.-based outfit in charge of evaluating the structural integrity of energy and industrial infrastructure.

A BP spokesman said that when the fatal accident took place, the man was working on a pipeline inspection crew, marking locations to be examined in a future routine inspection down an elevated line on the gas injection pad. Even though at least one other worker was on the gas injection pad, the BP contractor was by himself at the time of the incident. It appears that the 59-year old worker’s pickup truck rolled up against him and the pipeline, pinning him despite there being no reason as to why or how the truck ended up in such a position. After the other worker along the injection pad found him, he called for help and a medical response team responded to the scene shortly thereafter, declaring the worker dead. The extent of his injuries was not discussed.

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December 10, 2009

Federal FDA Food Safety System Still in the Works

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.

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December 8, 2009

2 Middletown Township Public Works Trucks Involved in Accident

Anyone who is trained to operate a public works truck, or even a normal passenger car, knows that there are several potential risks when a collision occurs. Due to the unpredictable nature of items on the road or a driver’s reaction to an accident ahead, multiple vehicles may be involved in a crash. A bayshorenews.com report addresses a recent accident in New Jersey that involved three vehicles, two of which were public works trucks.

It was reported that when one of the trucks made a right turn at an intersection, it clipped a telephone pole. As a consequence, the telephone pole fell down, caused wires to drop onto both the second Public Works truck and a third vehicle which was not identified in the report. All of the drivers were stuck in their vehicles until JCP&L workers arrived at the scene and cut the power on the telephone pole. Fortunately, none of the drivers or any pedestrians nearby were injured, but occupants in the vehicles were taken to a local medical center as a precautionary measure. At the time of the article’s release, the accident was said to be under investigation.

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December 4, 2009

Two Workers Injured in Power Plant High Pressure Accident

An electrical power plant in Marion, Texas owned by P.S.E.G., a New Jersey-based company, was the site of a high pressure accident which injured two workers on November 19, 2009. According to a woai.com article, this isn’t the first time a P.S.E.G. plant has been the site of an accident reflecting possible safety violations. Apparently in 2005, an employee died after falling from a bucket truck, and recently this summer, P.S.E.G. received a fine of over $7,000 for violating polices related to first aid, medical services, and failing to make available adequate eye and face protection for workers.

As far as the recent incident in Marion, a spokesperson for P.S.E.G. said that while crews were doing maintenance on a generator as a pressure test was being conducted, a small door (manway) blew off after compressed air inside was released. After the door was forcefully projected, it struck the two contract workers employed by Sulzer Ltd. The article mentioned that one of the workers was hit in his chest and the other man endured facial lacerations. Both men were reported to be conscious, able to move their limbs, and were taken to local hospitals. There is no doubt that an investigation will be conducted in order to determine the exact cause of this high pressure accident and who should be held accountable.

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November 24, 2009

Traffic Increase of Freight Trucks Expected in Morris County

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

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November 19, 2009

Garden State Parkway to Have New Bus and Truck Inspection Facility

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.

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November 17, 2009

Choking Death at Burlington County Developmental Disability Facility

Whether a family decides to place a loved one in a nursing home, a developmental disability facility, or any other professional or medical center, the choice to trust that other people will provide your loved one with the attention, treatment, and care they need and deserve can often be difficult and even emotional. When this trust is breached and wrongful death takes place at such facilities, the consequences can be devastating for a family to endure, and frequently leaves those involved with many questions, particularly whether or not negligence or wrongdoing led to the death taking place.

According to an article from nj.com, an employee at the New Lisbon Developmental Center in Pemberton Township, Burlington County, has been put on unpaid leave after the choking death of one of the patients under the caretaker’s observation. A spokeswoman for the Department of Human Services stated that the deceased man choked on a sandwich and had lived at the facility for almost 20 years.

The New Lisbon facility is one of seven New Jersey-run centers that provide care for individuals with developmental disabilities such as cerebral palsy and autism. What many residents may not know, however, is that the Burlington County facility has a history of problems that led the Department of Justice to open its own investigation in 2002. The state even agreed in 2004 to the independent monitoring of practices at the New Lisbon center for a span of four years, which was later extended one more year, which ended in August.

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November 12, 2009

PATH Train from New Jersey Crashes, 13 Injured

A PATH train from Hoboken overran its stop at the 33rd Street Station near Herald Square, and had to crash into a bumping block to help it come to a complete stop. According to a New York Times article, thirteen people on the commuter train reported only minor injuries, while seven more were taken to nearby hospitals for treatment. Investigation into the details of the crash is underway, but the article did not mention any leads that investigating authorities may have.

As commuters, we place a great deal of trust onto city officials and PATH (Port Authority Trans-Hudson) authorities. While it is understandable that accidents do happen, the reasoning for said accidents occurring is of the utmost of concern. If negligent behavior on the behalf of a transit driver results in an accident, then the public transit authority can be held liable for damages associated with injuries sustained by passengers.

In the above mentioned case, it has yet to be determined what caused the accident, how fast the train was traveling, or even the physical and mental state of the train operator at the time of the crash. While authorities proceed with their own investigation, it is in the best interest of accident victims to retain the services of an experienced New Jersey personal injury attorney that will further examine the circumstances surrounding the accident to help determine whether or not negligent action played a determining factor in the mishap.

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November 10, 2009

New Jersey Strengthens Combat against Lead Poisoning

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

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November 5, 2009

Perforated Guard Rail to Blame for Death of New Jersey Man

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.

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November 2, 2009

Lift Accident Kills Operator, Injures Three

A recent article from philly.com reported on a serious lift accident that resulted in the death of a 41-year-old aerial-lift operator, and caused three others to be injured. According to the article, one of the injured victims, a 75-year-old woman, filed suit on October 19, 2009 against Masonry Preservation Group, Inc., (MPG) of Merchantville, N.J., and First Presbyterian Church in Pennsylvania for the October 12, 2009 incident.

All injured victims were taken to local hospitals to receive treatment; however, the aerial-lift operator was pronounced dead at Hahnemann University Hospital. A witness to the accident reported that the lift operator using an aerial lift to fix loose masonry on First Presbyterian Church when the large wheel of the lift platform ran over a fiberglass and cement TV-cable box embedded in the sidewalk. Consequently, the heavy weight of the lift busted the cover of the cable box, significantly diminishing the lift’s stability, ultimately causing the lift to slowly fall. The falling lift collided with a streetlight, as well as a section of the roof of a nearby apartment building, and landed on a Verizon truck, all while the lift operator was still fastened to the bucket.

The 75-year-old woman who is pursuing litigation has been said to do so because she suffered a fractured vertebrae in her back, which is an injury that holds an unpredictable grasp on her future. The impact of the 125-foot boom that broke her left arm, crushed her elbow, and fractured her vertebrae, may cause permanent injury in the days to come. Her attorney stated, “from both a physical and emotional standpoint, her injures are substantial.”

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October 30, 2009

New Jersey Police Warns Drivers to be Careful Halloween Weekend

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.

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October 20, 2009

Greyhound Bus Collides with Tractor Trailer on New Jersey Turnpike

Citizens across the United States put their lives in the hands of bus drivers on a daily basis. Transit companies have the responsibility of properly training drivers to operate their large vehicles efficiently and safely so that passengers and other drivers on the road can travel without harm befalling them. This degree of trust, however, becomes shaken from time to time, as a recent Greyhound bus collision on the New Jersey turnpike demonstrates.

According to an article, the Greyhound bus was carrying five passengers at the time it collided with a tractor-trailer. The bus driver and all passengers were injured, but the condition of the truck driver was not provided. The degree of the bus driver’s injuries is not known at this time; however, she was flown to a hospital after having been trapped inside the bus. It was reported that the passengers’ injuries were not serious.

Although it has not yet been determined what exactly caused the Greyhound bus to crash into the tractor-trailer along the New Jersey Turnpike, contributing factors may have been driver inattention or distraction, dangerous road conditions, or even a defective auto part. Investigators may also examine whether or not cell phone use caused the bus accident. A victim of a bus accident may be able to seek compensation from those responsible for the incident to help pay for costs associated with any injuries sustained. However, in order for a bus accident victim to be successful, the services of an experienced personal injury attorney are usually required.

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October 15, 2009

Loss of Control: Tinton Falls Motorcycle Accident Kills Man

It seems to be the cause of far too many auto accidents, especially those that involve motorcycles: loss of control. Whether a motorcyclist comes across an obstruction in the road, poor road conditions, or experiences problems due to an auto part defect, losing control of a vehicle can have catastrophic affects on a motorcyclists’ life.

In the most serious of cases, losing control of a motorcycle can lead to wrongful death, as was the case in a recent collision in Tinton Falls. According to an app.com article, a 36-year-old motorcyclist died on Route 33 the morning of September 18, 2009. Although this unfortunate accident is still being investigated by officials, it has been reported that the man crashed into a cement divider due to losing control of his motorcycle.

Investigators of this motorcycle collision may want to examine whether or not evidence points to another vehicle being involved that may have contributed to the motorcyclist losing control.
When a negligent driver causes an auto accident to take place that inflicts serious injury on another person or causes a wrongful death, he or she may be held legally and even criminally responsible. Wrongful death can devastate a family and also impose many financial hardships due to losing a family member that may have been the sole wage earner.

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October 13, 2009

Bayonne Pedestrian Suffers Serious Injuries After Being Hit by School Bus

A recent pedestrian accident should serve as a reminder to all motorists how important it is to be aware of individuals crossing the street. There is really no excuse for an automobile, bus, truck, or motorcycle to strike a pedestrian, especially during broad daylight. According to a recent article, a 26-year-old woman endured several injuries after she was hit by a school bus that was making a left-hand turn at Avenue C and 54th Street. The Bayonne woman suffered leg fractures and head trauma and was transported to the Jersey City Medical Center where she was reported to be in critical condition.

This accident was almost a hit-and-run since the bus driver was oblivious to the fact that he had struck a pedestrian. Another driver had to follow the bus half a block to get the bus driver’s attention. The bus driver told police that he did in fact see a woman lying in the street when he looked in his rearview mirror, but that he had no reason to believe that he was involved. As of now, the 69-year-old bus driver, who is a retired Bayonne police officer, is not facing any charges for the accident.

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October 8, 2009

Study Emphasizes the Many Dangers of Cell Phone Use While Driving

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.

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October 6, 2009

Tractor-Trailer Strikes Man on Cell Phone

There has been much discussion about the apparent dangers of cell phone use and driving, whether it’s sending a quick text message or answering a call. It shouldn’t be surprising then that pedestrians can be just as distracted when on the phone as drivers are while driving; however, this does not excuse a driver from striking and killing a pedestrian that was texting or talking on the phone at the time of an accident.

A recent article from nj.com reported that a man that was on his cell phone while standing by the side of the road along Route 77 was hit by a tractor-trailer and killed on the morning of September 16, 2009. Apparently, the man stepped into the roadway in front of the tractor-trailer. As of now, charges have not been filed against the truck driver; however, it was reported that the accident is currently still under investigation. Police have not revealed any speculation as to why the man entered the truck’s pathway.

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October 1, 2009

Workers' Comp Extends to Weight Loss Surgery

A much debated issue surrounding workers’ compensation and weight loss surgery has raised many questions regarding what an employer should and should not be expected to pay when an employee is injured on the job. A ruling in Indiana last month by the state’s workers’ compensation board decided in a 4-3 decision that a cook’s employer will in fact have to pay for his lap-band weight loss surgery in addition to a back surgery. The injured worker’s employer argued that they should not have to pay for his weight loss surgery because he was already overweight before injuring his back at work. The lap-band surgery may cost the company $20,000 to $25,000.

The reason behind the board’s decision is that the 380-pound worker’s back operation will not actually serve its purpose of relieving serious pain unless he first has surgery to lower his weight. This is not a case of an employee trying to trick his employer into paying for weight loss surgery rather than paying for it himself. If the employee hadn’t been accidentally hit in the back by a freezer door while at work, he would not have suffered severe back pain requiring surgery in the first place.

According to the report, the president of the National Workrights Institute in Princeton, N.J. stated, "This kind of situation will happen again ... and employers are undoubtedly worried about that." It should be interesting to see whether or not employers demonstrate a noticeable hesitance in hiring workers with health problems that could potentially jeopardize their company’s finances if a work-related injury ensues.

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September 29, 2009

New Jersey Emergency Room Wait Expected to Decrease

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.

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September 25, 2009

New Jersey Auto Accident Suit Against District Attorney

A recent auto accident lawsuit reported by ifawebnews.com emphasizes the importance of following through with your auto insurance after being involved in a collision. A Cayuga County District Attorney is now being sued by Allstate Insurance Co. for an accident that involved one of their policyholders. While he was using a county-owned vehicle, the District Attorney allegedly hit another car that was being driven by the Allstate customer. The District Attorney told reports that he thought the county’s insurance company had handled the claim.

According to the article, the $9,494 suit is intended to pay for the losses suffered by the Allstate customer, and the company itself will seek attorney and court fees as a part of the suit. The District Attorney stated that the other car “swerved into his lane”, thus causing the crash; however, the final answer as to the main cause of the accident may have to be settled in court.

Not every auto accident leads to a hefty lawsuit in front of a judge. However, if a driver neglects to properly report an auto accident to his or her auto insurance provider, then problems may arise. Even though being in a car crash can be a frightening experience that leaves those involved feeling upset at the other driver or concerned about potential financial consequences, procrastination is not a solution to settling such an ordeal. In some cases, receiving legal advice or representation from a car accident attorney in New Jersey can make all the difference in obtaining compensation to help pay for damage to your vehicle or even medical expenses resulting from injuries sustained during the crash.

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September 22, 2009

Two Men Lucky to Be Alive: Burn Injuries Sustained after New Jersey Small Plane Crash

In the early morning hours of August 21, 2009, a small plane headed towards New Jersey’s Teterboro Airport crashed in a parking lot located off of route 46 after clipping a 35-foot tree while trying to abort a landing. Miraculously, the pilot and co-pilot survived the fiery crash but unfortunately suffered serious burn injuries, according to an nj.com report. The men were taken to the St. Barnabus Burn Center, and have been diagnosed with severe burns.

The burn facility’s medical director stated, “A burn that covers more than 20 percent of the surface area is considered severe.” The director also explained that those who endure such a degree of burn are “at risk of having life-threatening complications.”

A Bergen County lieutenant said the men’s eyebrows and eyelashes were singed off when she arrived at the scene, but both were conscious and communicating even though they appeared to be in shock.

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September 17, 2009

Woodbridge Township Construction Accident Kills Worker

A 26-year-old Edison man was killed on August 11, 2009 during a bridge construction accident in New Jersey. The man was hit on the head at the Conrail freight crossing on Blair Road in Avenel by a 1,500 pound steel plate that fell about five or six feet after slipping from its chains while being lowered by a back hoe. The man was found unconscious and bleeding at the bottom of a trench at the construction site and, though first responders performed CPR, was later pronounced dead at the hospital. An Occupational Safety and Health Administration official reported to the scene and it is unknown at this time as to why the steel plate’s chains came loose.

Construction workers have one of the most dangerous jobs in our country. According to the Bureau of Labor Statistics’ 2007 Census of Fatal Occupational Injuries, even though construction industry deaths are on the decline, the construction industry continues to be responsible for the most deaths sustained by employees in the private sector. Based on the report, the 5 percent drop in construction fatalities occurring from 2006 to 2007 (1,239 to 1,178) was about the same as the decrease for all fatal work injuries.

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September 15, 2009

Car Catches Fire in Harding Township Single Vehicle Accident

A 23-year-old, Bloomfield man lost control of his car at 12:09am on August 6, 2009 and crashed on the northbound side of Route 287 in Harding Township. The car accident in New Jersey was a single-vehicle incident but none the less serious considering that the man’s 1997 Audi caught fire after hitting a tree off the highway’s shoulder. Fortunately for the driver, a passing motorist pulled him from the burning vehicle. However, the man still suffered multiple injuries and burns as a result of the accident and is listed in critical condition.

Although it is unknown at this time what caused the man to lose control of his car, many factors, such as dangerous road conditions, inclement weather, obstructions in the highway, or a defective auto part, can influence a driver’s ability to keep his or her vehicle on the road. One of the most preventable reasons for a driver to lose control of the car is driver inattention or distraction, sometimes even caused by another passenger in the vehicle. Unfortunately speed is another factor that forces things to get out of hand in the blink of an eye. A National Highway Transportation Safety Administration study revealed that 5.973 million traffic accidents were reported in 2006 with 2.575 million people suffering injuries and 42,642 fatalities taking place.

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September 10, 2009

Montgomery Township Construction Accident Injures Roof Worker

A mycentraljersey.com article reported that a 35-year-old construction worker fell 30 feet from a Montgomery Township home as he was working on its roof. Investigators at scene said that the worker fell after trying to adjust scaffolding attached to the exterior of a second-story window. He was found lying on the ground on top of construction debris, and was conscious when emergency personnel arrived. The construction worker is said to be in stable condition, but fractured both his neck and femur during the fall. Further investigation into the construction accident in New Jersey is still being conducted by the Montgomery Township Detective Bureau and OSHA.

Construction site fall injuries can lead to paralysis, brain injury, spinal injury, and even death, especially when scaffolds, towers, tall buildings, roofs, or ladders are involved. Being injured in a construction accident not only inflicts catastrophic injuries that can take years to recover from, on top of the extreme amount of pain and suffering one feels during the accident, but creates financial burdens as well, particularly those costs brought on by the accident, such as medical bills and physical therapy fees that can pose difficult for victims and families to successfully manage.

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September 8, 2009

New Jersey Pedestrian Decoy Program Hopes to Raise Awareness of Laws to Decrease Fatalities

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.

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September 3, 2009

Two New Jersey Residents Injured in Truck Accident

What began as a simple ride on a motorcycle ended with two New Jersey residents being injured during a collision with a pickup truck on New Hampshire’s Route 125. The truck accident occurred in the early evening at the intersection of Route 125 (White Mountain Highway) and Exit 18, which is the on-ramp to the Spaulding Turnpike. The two motorcyclists were thrown from the bike after crashing into the 2000 Chevy S-10 pickup truck. Both remain hospitalized for their injuries. The pickup driver was treated for injuries and released.

Although this truck and motorcycle crash is still being investigated to determine the exact cause, trucks can have devastating effects on smaller vehicles in collisions, especially if a motorcycle is involved. Truck accidents in New Jersey are often caused by driver fatigue or failure to respond in a timely manner to other vehicles on the road. In some cases, even defective auto products may play a significant role in causing a truck accident.

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September 1, 2009

North Hanover Employee Suffers Serious Burn Injury

It was reported in a phillyburbs.com article on Tuesday August 11, 2009 that an employee at Central Power & Light suffered serious burn injuries in New Jersey at a utility substation. A captain with the Plumsted Township Fire District and New Egypt Emergency Squad said the worker suffered burns on close to 50 percent of his body. Apparently, the employee was repairing electrical fixtures when the burns ensued, which more than likely resulted in electrical burns. However, it has not been made public as to how the worker’s injuries came about.

After being treated at the scene by firefighters and paramedics, the injured worker was transported in critical condition by helicopter to the burn center at Temple University Hospital in Philadelphia. No one else at the substation was injured or suffered any burns. The incident caused approximately 19,000 customers in North Hanover, Springfield, New Hanover, Plumsted, and Pemberton Township, to be without power for over an hour. An investigation by North Hanover police and Jersey Central is ongoing, according to officials.

Employers are required by law to create and maintain safe working environments, and are responsible for properly training employees on how to operate machinery, handle chemicals and toxins, and perform any other work-related tasks. Injuries on the job may result in minimal rehabilitation, or can require lifelong treatment, depending on the degree of the accident. If an employee sustains an injury while on the job, he or she may be able to file a workers’ compensation claim to receive monetary payment to help cover the costs of medical bills, recovery treatment, loss of wages, or other expenses associated with the on the job injury.

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August 27, 2009

Hudson River Air Collision Wreckage of Plane Found

The wreckage of the recent aviation accident involving a small plane and a tour helicopter that took place on Saturday, August 8, 2009, is anticipated to be fully excavated in the very near future. The crash tragically killed nine people. According to an article, transportation-safety officials hope the plane can be retrieved out of the Hudson River by divers relatively soon. Strong tides, low-visibility, and the plane being heavy and water-logged, have all created a great challenge for its retrieval.

Our hearts go out to the families of those who died in this unfortunate incident and we hope that the cause of the accident is revealed in a timely manner. Law enforcement officials in Hoboken New Jersey are reported to be examining the remains of the helicopter wreckage already excavated from the Hudson River.

The NTSA has issued more than 50 recommendations to improve safety in the air-tour industry to improve overall aviation safety, however, according to an NTSA representative, “…the FAA hasn’t acted on many of the recommendations…the fact that we are here today shows that there is a lot of work that needs to be done."

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August 20, 2009

New Jersey Car Accident Kills Woman on Route 70

An 81-year-old Ocean County woman was killed and her companion was injured in a New Jersey car accident on Route 70 in Medford, the Burlington County Times reports. The man and woman were headed west on Route 70 in a 2004 Mercury Grand Marquis when the car went off the right shoulder and crashed into a utility pole. Both were trapped in the wreckage and had to be cut free by firefighters. The woman suffered several broken bones and internal injuries and was pronounced dead hours after the accident. The man suffered cuts and a broken ankle. The woman's death is apparently the 30th auto accident fatality in Burlington County this year and the second in Medford in two days.

About 6 million people in the United States are involved in car accidents every year, according to the National Highway Traffic Safety Administration (NHTSA). About 43,000 auto accident victims are killed and 2.6 million are injured each year, making auto accidents the leading cause of death among Americans between ages 4 and 44. While a majority of these injuries are relatively minor, some are devastating permanent injuries that have long-term impact on accident victims and their families.

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August 18, 2009

Two New Jersey Police Officers Injured in Two-Car Collision

Two Jersey City police officers and two others were seriously injured after a two-car accident at the corner of Bayview Avenue and Martin Luther King Drive, according to a news report in The Jersey Journal. The two police officers in the cruiser suffered head injuries. There is not much information about whose fault the auto accident in New Jersey was or what type of injuries the people in the other vehicle suffered.

Anytime a car accident involves a government employee or someone who is on-the-job, matters can get complicated. If you have been seriously injured because of someone who is acting as an employee at the time of the crash, you could file a personal injury claim not only against the person who caused the accident, but also their employer. If the employer happens to be a public entity or a governmental agency, please remember that there are strict statutes of limitations and you will need to file your claim within 90 days (or three months) of the accident or injury.

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August 13, 2009

Worker Killed On the Job After Falling into Vat of Chocolate

The Associated Press in Camden reported that a July 8 on the job accident in New Jersey in a prominent chocolate-making facility led to the death of a worker knocked into a mixing vat by a blade used to separate products for making a variety of confectionary items.

According to reports, several co-workers attempted to put an immediate stop to the machinery, but were ultimately unsuccessful at saving the 29-year-old victim. The reports further stated that this individual was a temporary worker at the facility.

This story, which was picked up by sources like the New Jersey Herald Online, illustrates the complexities of unfortunate situations like these where safety equipment fails to minimize risk or provide solutions for an accident in a food production setting where “economy of scale” mixing and processing machinery introduces specific risks to an industrial area. The risks presented by this kind of equipment are common in many industrialized settings, including both farms and raw production facilities and processing plants. The pressure to move large amounts of products sometimes leads to a lack of focus on safety equipment and training where tragic results can occur.

Situations like these are sometimes further complicated by the outsourcing regularly done by large food production companies, and by the role of temporary or “unhired” workers in a plant or facility. The emergence of different tiers of worker status in a plant or industrial facility can mean that unraveling the specific responsibilities of the parent company, the subsidiary and the outside hiring firm can be complicated and require professional assistance by attorneys or others skilled in fact-finding.

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August 6, 2009

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

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.

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August 4, 2009

Fatal New Jersey Motorcycle Accident

A 26-year-old man from Mount Laurel, died in a motorcycle crash in New Jersey after his motorcycle collided with another vehicle in Medford. According to this news report, the motorcyclist was riding a 2006 Suzuki westbound on Church Road when a 22-year-old woman driving a Chevrolet Tahoe made a left turn in front of him.

The motorcyclist suffered fatal head injuries. This is apparently the 30th auto accident in Burlington County in 2009 and the second motorcycle fatality in Medford in the last two months.

New Jersey Vehicle Code section 39:4-123 prohibits motorists from making improper right or left-hand turns. New Jersey Vehicle Code section 39:4-11.5b states that motorists who are attempting to make a turn must "come to a complete stop and yield to all traffic and pedestrians before proceeding."

Whether you have been injured in a car accident or motorcycle accident in New Jersey, you need the help and guidance of a skilled New Jersey personal injury lawyer who will help determine who was at fault and hold the negligent parties or wrongdoers accountable for their action.

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July 30, 2009

New Jersey Government Looks at Worker Injuries

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.

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July 28, 2009

Asbury Park Cop Hospitalized after Being Struck by Car

An Asbury Park officer has been hospitalized for several days after sustaining serious injuries as a result of being hit by a car while on duty. The Officer suffered broken bones and has been listed in fair condition at Jersey Shore University Medical Center in Neptune, according to a report.

The Pennsylvania driver involved in the car accident in New Jersey has been charged with offenses including assault by auto and driving under the influence. The 23 year old driver and his three passengers had been in Asbury Park to see a concert.

The injured Officer and another officer were at the scene of an accident at Memorial Drive and Springwood Avenue. A vehicle drove onto the accident scene and the Officer repeatedly tried to stop this vehicle but the car hit the officer. The car sustained extensive windshield and roof damage in the crash.

The hurt Officer and his family would be wise to contact a skilled New Jersey automobile accident attorney. There are multiple facets to his case. Most importantly, the officer has a worker’s compensation claim as well as a third party case.

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July 28, 2009

New Jersey Vehicle Rollover Accidents

Rollover accidents are among the most dangerous auto accidents because they usually result in catastrophic injuries or death. According to the National Highway Traffic Safety Administration (NHTSA), there are about 40,000 fatal auto accidents in the United States on average each year. Out of these fatal auto accidents, about 25 percent or 10,000, involve rollover accidents.

Rollover accidents often cause serious injuries such as paralysis, traumatic brain injuries, spinal cord injuries, bone fractures, internal organ damage and amputations. Many of these injuries could leave you with permanent disabilities that could affect your ability to earn a living. A number of rollover accidents involve sport utility vehicles and light trucks. This is largely because of design and product defects associated with these types of vehicles.

If you or a loved one has been involved in a rollover auto accident in New Jersey, it is extremely important that you retain the services of experienced rollover accident attorneys to fight for your legal rights. You may be able to recover monetary compensation for your injuries, medical expenses, loss of wages, loss of enjoyment of activities and other related costs.

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July 23, 2009

Fatal Pedestrian Accident

A New Jersey driver reportedly caused the death of an Evesham man in a pedestrian accident, according to this news report in the Burlington County Times. The pedestrian accident victim was reportedly walking on the southbound shoulder of a road when he was struck by the northbound vehicle. Police say the drugs inside the man's vehicle were unauthorized prescription painkillers.

Pedestrian accidents are devastating to pedestrians because when a pedestrian is hit by a car or another vehicle, the laws of physics almost guarantee that he or she will be badly injured. Like all drivers, New Jersey drivers have the legal obligation to watch for pedestrians on the road.

Unfortunately, many drivers are negligent. More than 20 percent of New Jersey traffic deaths in 2005 involved pedestrian accidents, while the national percentage was just 11.2 percent. The most common causes of pedestrian versus auto accident include inattention, intoxication, falling asleep at the wheel and distractions such as texting or talking on the cell phone.

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July 21, 2009

New Jersey On-the-job Accident Injures Three Workers

Three workers suffered on-the-job injuries in New Jersey in Hackensack when the aluminum ladder they were adjusting contacted a power line outside a building. According to an Associated Press news report, a chiropractor who was driving by stopped to help one of the workers whose heart had stopped. The worker resumed breathing after the chiropractor gave him chest compressions for about 90 seconds. All three workers are in stable condition although they suffered burns to their hands and feet.

According to the U.S. Bureau of Labor Statistics, there were 5.7 million injuries and illnesses reported in private industry workplaces during the year 2000. These on-the-job injuries can be minor or major, ranging from accidents involving burns, falls and electrocution. Many of these incidents can also be fatal.

Injured New Jersey workers are usually covered by worker's compensation insurance, which the state's business are required to carry under New Jersey law. New Jersey worker's compensation ensures that employees who are injured on the job are given the necessary care and money they need to maintain their lifestyles without fear of financial failure in case of a serious on-the-job injury.

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July 16, 2009

Fatal Motorcycle Accident Kills New Jersey Man

A New Jersey man was killed in a motorcycle accident after he crashed into a car that turned in front of him, according to this news report. Police officials investigating the fatal motorcycle crash said the car, in which two people were riding, turned into a driveway in front of the motorcycle. The motorcyclist apparently struck the car and was thrown off his bike. He was transported to an area hospital where he was pronounced dead.

Motor vehicle accidents are the leading cause of personal injuries and death in the United States. According to statistics from the National Highway Traffic Safety Administration (NHTSA), 3,000 motorcyclists were killed in 2001. That number, nationwide and in New Jersey, has been climbing as more and more people are starting to ride motorcycles because it is a cheaper mode of transportation, especially in the light of climbing gas prices.

Motorcyclists are more likely to suffer major injuries or death in the event of an auto accident because they are riding an open vehicle with very little protection. All they have is their helmet and protective gear such as leather jacket or boots, which is hardly sufficient protection in the event of a crash. In most cases, motorcyclists are seriously injured or killed as a result of negligence on another driver's part.

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July 14, 2009

GM and Chrysler Bankruptcies Affect Auto Product Liability Lawsuits

Auto accident victims who claim they have been injured as a result of auto product defects in New Jersey and across the nation from Chrysler and General Motors vehicles are being left high and dry because of the auto makers' bankruptcy filings. According to this news report, consumers and consumer advocates are outraged that auto makers, that are being financed by tax payers, are throwing "consumer safety protections out the window."

The bankruptcy of Chrysler and GM has led to new complications, particularly with regard to product liability lawsuits. According to several consumer advocates, the car companies will back up their warranties for auto parts, but will not take responsibility for personal injuries caused by defective auto parts. So, for example, if your brakes are bad, they'll fix them. But if you crash and get seriously injured because of defective brakes, then your auto maker (Chrysler or GM) won't be held liable for that.

Auto product defects are more common than we know or hear about every day. Thousands of auto accidents occur nationwide and in New Jersey because of defective auto products such as tires, airbags, seatbelts, seatbacks, engines and steering. Defective design of a vehicle can also cause catastrophic injuries or deaths in an auto accident.

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July 9, 2009

New Jersey Pedestrian vs. Motorcycle Accident Kills Elderly Man and Driver

A recent article from JusticeNewsFlash.com described a New Jersey pedestrian accident which claimed the life of an elderly Trenton man. Officials with the Trenton Police Department say that the 86-year-old man died from injuries he suffered when he was struck by a motorcycle driven by a 49-year-old man of Fairless Hills, Pennsylvania. According to law enforcement officials investigating the New Jersey pedestrian accident, the incident occurred around 7:15 on the evening of May 9, 2009. Officials from the Trenton Police Department say that the motorcyclist was riding his motorcycle down an undisclosed Trenton street when he struck the pedestrian with his motorcycle.

After striking the pedestrian with his motorcycle, Trenton Police report that the driver then crashed into a telephone pole at a high rate of speed and died from injuries he suffered in the collision. Emergency response personnel responding to the auto accident in New Jersey claim that the elderly man died instantly at the accident scene from the grave injuries he received from being struck by the motorcycle. After striking the telephone pole, the motorcyclist was reportedly thrown from his motorcycle an undisclosed distance and later transported to the Capital Health System at Fuld Hospital in Trenton for treatment for his injuries. He was admitted with injuries described as ‘critical’ and died from his injuries approximately three hours after being admitted for treatment.

The investigation into the tragic accident was still underway when the article was published, but Trenton police say that the motorcyclist had just left a nearby bar shortly before the pedestrian accident occurred. They suspect that alcohol may have been a factor in the fatal accident but are withholding making a formal statement pending the results of blood tests.

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July 1, 2009

New Jersey Boating Accident Kills One, Several Injured

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.

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June 30, 2009

New Jersey Pedestrian Accident Kills Man

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.

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June 25, 2009

Franklin Township School Bus Accident Seriously Injures Driver

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.

June 23, 2009

New Jersey Multi-Vehicle Collision Injures Woman

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.

June 18, 2009

New Jersey Bicycle Accident Seriously Injures Man in Hit-and-Run

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.

June 16, 2009

Railroad Worker Dies after Being Struck by Tractor Trailer

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.

June 13, 2009

FATAL GOLF CART CRASH

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.

June 11, 2009

Construction Accident at 9/11 Site Injures Worker

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.

June 9, 2009

New Jersey Mayor Convicted for Hit and Run Accident

The hit-and-run conviction of a former mayor of a northern New Jersey city was upheld by an appeals court recently for a 2003 snowmobile accident that left a local teen with severe leg injuries. According to this article, former Andover mayor David Mosner was sentenced to serve nine months in jail for hitting 17-year-old David MacInnis with his snowmobile on a rural road and leaving the scene of the accident.

During the trial, a jury found Mosner guilty of assault by auto and leaving the scene of an accident involving injuries. At the appeals trial, Mosner argued that he should have been allowed to enter a pretrial intervention program and avoid having to serve jail time. He also challenged the legality of a police search. However the appeals court upheld the decision of the earlier trial and Mosner will have to serve his nine-month jail sentence.

Hit-and-run accidents claim the lives of countless New Jersey residents each year and many more victims are left with severe injuries, whether they are hit by a car, truck, snowmobile, or another type of vehicle. If you or someone you care for has been injured or killed in a New Jersey hit-and-run accident, the New Jersey personal injury law firm Lependorf & Silverstein may be able to help. Their experienced New Jersey car accident lawyers work hard to help their clients receive the compensation they deserve and hold those who caused the accident responsible for their actions.

With their legal counsel and assistance, victims of hit-and-run accidents—or any other types of personal injury accidents—can get compensation to offset the steep costs of medical treatment, physical rehabilitation, loss of income and other accident-related costs. To schedule a free consultation with experienced New Jersey auto accident attorneys, call Lependorf & Silverstein today at 609-240-0040.

June 2, 2009

Overdose At a Party

This is the time of year to party. There are graduation parties, prom parties, cocktail parties, beach parties; just about any party we can imagine. What happens when excessive alcohol or illicit drugs are consumed at a party and the individual who ingests the alcohol or drugs is injured? Is the homeowner’s insurance policy required to provide coverage? This exact question was answered in a recent New Jersey Appellate Division case entitled Flomerfelt v. Cardiello. In this case a twenty-one year old woman attended a party. The woman ingested alcohol and illicit drugs. She lost consciousness and was admitted to the intensive care unit of a local hospital. The issue the Court addressed in this case involved the homeowner’s insurance policy’s requirement to cover this loss. The insurance policy contained a clause that specifically excludes claims for bodily injury that “arise out of the use, sale, manufacture, delivery, transfer or possession by any person of a controlled substance.”

The Court ruled in favor of the insurance company. Exclusions to coverage are to be narrowly construed. The exclusion here is very specific. The plaintiff’s expert in this case testified that marijuana, opiates, cocaine and alcohol were found in the plaintiff’s blood. Because a “controlled substance” had been consumed by the plaintiff, the insurance company did not have to provide coverage to the homeowner. However, if the plaintiff had merely consumed alcohol, the homeowner’s insurance company would have to provide coverage to its insured.

Unfortunately, it is common for individuals to consume excessive amounts of alcohol at parties. They can either become injured at the party or after leaving the party. Homeowners can be responsible for such injuries. If the fact patterns described here are familiar to you, or to someone who is close to you, please contact an attorney at the law firm of Lependorf & Silverstein for a consultation regarding your rights. The Princeton New Jersey personal injury attorneys at the Princeton, New Jersey Law Firm of Lependorf & Silverstein may be able to help. Let our experience counsel you. Please call the law firm of Lependorf & Silverstein today for a consultation regarding your legal rights.

June 1, 2009

New Jersey Turnpike Crash Kills Five

A catastrophic car accident in New Jersey which involved a tractor-trailer and ten cars on the New Jersey Turnpike near Mount Laurel claimed the lives of five New Jersey residents and injured several more according to this recent report. New Jersey State Police officials say that the accident occurred around 1:00 P.M. just north of exit 4 when a 2004 Buick LeSabre was stopped in the right lane of traffic and struck in the rear by the tractor-trailer. The collision caused the LeSabre to strike cars in the center lane of the turnpike and after impacting several vehicles, the LeSabre burst into flames killing occupants Jeanette Urbano, 72, and Salvatore Urbano, 74, both of Passaic, N.J.; Anna Kane, 76, Rose Kane, 75, and Francis Kane, 78, all of Kearny, N.J.

The truck driver, Dewey Tyrone Thomas, 40, of Columbus, Ga., was given a blood test to test for intoxicants but has not yet been charged pending test results. Three occupants of a 1999 Jeep Cherokee struck by the LeSabre were transported to area hospitals with undisclosed injuries.

New Jersey car accidents claim the lives of thousands of people each year and result in serious, life-changing injuries for many thousands more. New Jersey auto accidents which involve tractor-trailers are especially deadly and victims are much more likely to be killed or suffer catastrophic injuries. In many cases, the survivors of New Jersey truck accidents face lengthy hospital stays, medical bills which often climb to the hundreds of thousands of dollars, and costly physical rehabilitation.

If you or a loved one has been killed or seriously injured in a New Jersey truck accident, the experienced New Jersey personal injury lawyers at Lependorf & Silverstein may be able to help. After a free consultation with their New Jersey truck accident attorneys, they will launch an immediate investigation into the accident, defend their clients’ rights at all times, and work hard to hold those responsible for the accident accountable for their actions. They also help clients receive the compensation they deserve to help offset catastrophically high medical bills. To schedule a free consultation with New Jersey's skilled personal injury lawyers, call them today at 609-240-0040.

May 26, 2009

New Jersey Worker’s Compensation: OSHA Deception

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.

May 22, 2009

New Jersey Public Notice Requirements: Pedestrian Accident Injures Student

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.

May 13, 2009

New Jersey Turnpike Tractor Trailer Accident

Gabariel Koffah Jr., 26 of Newark, was killed in a New Jersey tractor trailer accident on the turnpike in Linden, according to a news report in The Star-Ledger. Koffah was a passenger in the back seat of a Toyota Avalon traveling southbound on the turnpike. The car's driver, 25-year-old Ralph Austin, lost control of the car, struck a guardrail and then crashed into the fuel tank of a big rig driven by 59-year-old Gary Poland. Austin's car spun and crashed into the guide rail. Austin was injured but his life is not in danger, officials said. Another man, 23-year-old Angel Rodriguez, escaped with minor injuries. Poland was uninjured.

Austin has been charged with reckless driving and driving under the influence of alcohol for causing the serious DUI accident in New Jersey. Police also apparently charged him with drug possession after they found marijuana on him. The accident is still under investigation and officials have not said whether Austin will be charged with vehicular manslaughter.

It is illegal in New Jersey to operate a motor vehicle under the influence of alcohol or drugs. If you have been injured because of the negligence of a drunk driver or someone operating under the influence of recreational or prescription drugs, they can be held responsible for the accident or injuries. You may be entitled to compensation to cover medical expenses, loss of wages, pain and suffering and emotional distress. Please contact an experienced New Jersey auto accident lawyer at Lependorf & Silverstein to schedule your free consultation and case evaluation.

May 4, 2009

Roxbury Township Auto Accident Kills Staten Island Girl

Regina Kriklivy, a 14-year-old Staten Island girl, was killed after she was ejected from her family's minivan on the Interstate 80 in New Jersey's Roxbury Township. According to this news report in the Staten Island Advance, the minivan collided with a school van carrying 14 children from New Jersey and started a chain reaction crash that also involved a big rig. Regina's father Oleg, mother Larisa and brother, Arthur, suffered non-life threatening injuries. The children in the school van also did not suffer major injuries. The truck driver escaped with minor injuries. Police don't believe weather was a factor in the New Jersey car accident although there were heavy thunderstorms in the area at the time.

Although it is not clear what caused this particular New Jersey auto accident, we know from experience that most auto accidents are caused because of someone's negligence, inattention or error. If you have been involved in an auto accident in New Jersey caused by another driver's negligence, you may be able to file a claim against them for property damage, personal damage that includes medical expenses, pain and suffering and future loss of earning. In certain cases, victims can also seek punitive damages.

All plaintiffs must support their New Jersey personal injury claims by showing that:
• The driver was negligent and failed to use due care or violated the law (rules of the road).
• The driver's negligence caused the accident and
• You suffered damages as direct result of the accident

In any such claim, you must never proceed without talking to an experienced New Jersey auto accident attorney, who has extensive knowledge of personal injury law, can work his or her way through the court system, negotiate successfully with insurance companies and make sure you receive fair compensation for all the accident-related damages you suffered. Please call Lependorf & Silverstein today to discuss your New Jersey personal injury claim.

April 29, 2009

I-80 Auto Accident Kills One, Injures Others

According to this article, a recent multi-vehicle auto accident near Roxbury has claimed the life of one person and resulted in injuries for several people. New Jersey State Police officials say that the accident occurred in the eastbound lanes of I-80 near mile marker 28 and involved a tractor-trailer, a car and a 15-passenger commuter van. The victims have not yet been identified, but authorities did confirm that the person who was killed was ejected from the car and thrown an undisclosed distance. The cause of the car accident in New Jersey remains under investigation.

It is still unknown how many passengers were riding in the van when the crash occurred but authorities say that the van left the road, careened down a steep embankment, and landed in the eastbound lanes of Route 46. Police investigating the accident claim that the accident caused the tractor-trailer to overturn and spill its load of steel beams across the roadway. It remains unclear whether or not the car or passenger van hit the truck or any spilled debris on the road.

Assigning liability to a multi-vehicle accident that has caused injuries or death can be complex.

Lependorf & Silverstein, P.C. is an experienced New Jersey personal injury law firm that helps victims of car accidents and truck accidents receive the compensation they deserve to help with steep medical bills and other damages.

Their New Jersey auto accident attorneys can answer any questions you may have and will launch an immediate investigation into the cause of the accident. To schedule a free consultation with experienced New Jersey car accident lawyers, call Lependorf & Silverstein, P.C. today at 609.240.0040.

April 22, 2009

Ocean County Car Accident Kills One, Injures Six

An Ocean County car accident in New Jersey has claimed the life of a high school wrestler and resulted in injuries of six other teens when the car they were riding in struck a utility pole and rolled. This article claims that authorities are unsure about the cause of the fatal auto accident, which occurred in the southbound lanes of Route 35 near Toms River. The accident remains under investigation.

Law enforcement officials say that Anthony Casselli, 17, a well-regarded high school wrestler from Roselle Park, was a passenger in the car when it crashed, killing him and causing the injuries of six other teenage passengers. After the accident, Casselli was rushed to Jersey Shore University Medical Center in Neptune where he died from his injuries after arrival. The accident caused Route 35 to be closed for several hours after the accident occurred.

Despite efforts to teach and inform young drivers, New Jersey car accidents claim the lives of far too many teenagers each year. In the wake of a fatal car accident, victims’ families often have many important questions. They may also be approached by insurance companies who pressure them to sign documents. The skilled personal injury lawyers in New Jersey at Lependorf & Silverstein, P.C. strongly advise against signing anything until after it has been reviewed by an attorney. Signing something without fully understanding it could forfeit a family’s ability to seek damages.

If you or a member of your family has been hurt or killed in an auto accident, the experienced New Jersey car accident attorneys at Lependorf & Silverstein, P.C. may be able to help you receive the compensation you deserve to offset steep medical expenses and other accident-related costs. To schedule a free consultation with their skilled New Jersey personal injury attorneys, call them today at 609.240.0040.

April 17, 2009

Linden Truck Accident Kills Newark Man

According to this recent article in the Star-Ledger, a Newark man died recently when the car he was riding in crashed into a semi-trailer on the New Jersey Turnpike in Linden. Officials investigating the truck accident in New Jersey claim that Gabariel Koffah, Jr., 26, was riding in the back seat of a Toyota Avalon southbound on the turnpike when the driver, Ralph Austin, 25, lost control of the car.

After Austin lost control of the car, the car struck a guardrail and bounced into the center lane of traffic where it struck the fuel tank of a tractor-trailer driven by Gary Poland, 59. Officials claim that Austin’s car then spun around into the truck’s wheels and then crashed head-on into a guardrail. The medical examiner pronounced Koffah dead at the scene from his injuries.

Austin’s injuries were severe enough to warrant evacuation by helicopter to University Hospital in Newark where he remains with undisclosed injuries. Another passenger in the Avalon, Angel Rodriguez, 23, of Newark, sustained minor injuries for which he was treated and released from Robert Wood Johnson University Hospital in New Brunswick. The truck’s driver was not injured in the accident and was not charged with any traffic violations.

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March 30, 2009

Rockaway Township Auto Accident Injures Police Officer

Rockaway Township Officer Joseph Udina suffered minor injuries early on the morning of February 28, 2009, when an SUV operated by an alleged drunk driver struck his patrol car, according to this report in the Daily Record. Law enforcement officials investigating the accident say that Officer Udina’s patrol car was parked on the shoulder of Route 80 with lights flashing after he had pulled over an alleged drunken driver. Officials said that while Udina was in his patrol car assisting Officer Dean Testa, his patrol car was struck by a Jeep Cherokee driven by Robert Leigh, 36, of Wharton.

The car accident in New Jersey occurred just after 2:00 a.m. on Route 80 West near the Dover exit. Police say that Udina was treated for minor injuries at Morristown Memorial Hospital and released. Law enforcement officials claim that Leigh was driving while intoxicated when he collided with the rear of Officer Udina’s patrol car, causing extensive damage to it and the SUV that the patrol car was pushed into in the collision.

Blood alcohol tests showed that Leigh had a blood alcohol level of .19 percent at the time of the accident, and he is facing charges of driving while intoxicated by New Jersey State Police. Officer Udina was very fortunate to suffer only minor injuries in the drunk driving accident in New Jersey, but many people are not so lucky.

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March 19, 2009

New Jersey Medical Malpractice Suing Dentist For Patient's Death

A dentist and oral surgeon is facing a medical malpractice lawsuit in New Jersey from the family of a 21-year-old Hopelawn man who died in August 2005 hours after having surgery to remove his wisdom teeth. According to this news report, the lawsuit alleges that dentist John Madaras did not get medical clearance to work on Francis Keller in spite of the fact that Keller had an immune system deficiency that would have made the dental procedure lethal.

According to court papers, Keller told a dental hygienist for Madaras that he had a genetic disorder that made his throat, face and hands swell. The hygienist then called Keller's internist, who told her specifically that the teeth extraction should not be done. At the heart of the case is whether Madaras knew about Keller’s condition and conveyed that to an oral surgeon who performed the procedure. Keller died the morning after the surgery as his airway slowly closed.

If you or a loved one has suffered serious injuries, complications or death as a result of a medical treatment or surgical procedure, you have been a victim of medical malpractice. Errors occur in hospitals and dentists' offices more often that we would like to believe, due to either the lack of communication, carelessness, and/or negligence. Some mistakes are irreparable as in this case where the victim died a wrongful death. But in many cases where patients experience severe complications because of medical negligence, the medical costs to fix the problem are significant. If you or a loved one has been a victim of medical malpractice in New Jersey, please call the top New Jersey medical negligence attorneys at Lependorf & Silverstein for a free consultation.

March 17, 2009

Spotswood Car Accident Victim Awarded $2 Million For Injuries

A man in Spotswood, who was blinded and paralyzed in an Old Bridge New Jersey auto accident in 2004 caused by an intoxicated friend at the wheel, has been awarded more than $2 million by a jury for his injuries, according to this report from a news website. A New Brunswick Superior Court jury decided on a $3.25 million verdict, but found 49-year-old Craig Staffa 35 percent liable for the car accident in New Jersey. Staffa's friend, 45-year-old John Buckalew, is serving time in state prison for aggravated assault in connection with the crash.

Buckalew apparently bears 45 percent of the liability, but has no assets to pay Staffa. The third party in the lawsuit, Moore's Bar & Liquors on Route 35 in Cliffwood Beach, has been ordered to pay $625,000 for 20 percent of the liability for serving alcoholic drinks to Buckalew, who was already drunk.

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March 11, 2009

New Jersey Car Collision Injures Two

Two people were hospitalized with injuries in a Mahwah auto accident in New Jersey on Franklin Turnpike, according to this news report. The crash occurred the morning of March 3 when a Ford Crown Victoria traveling north on Franklin Turnpike collided with a Toyota Corolla making a left turn into a shopping center.

According to the most recent auto accident statistics available for New Jersey, there were 722 fatal car accidents in 2006 in New Jersey, including 31 deaths in Newark and nine in Jersey City. The number of auto accidents is constantly on the rise. Car accidents in New Jersey occur because of many reasons, but most often they occur because someone is being negligent by not following traffic laws. In this particular case, if both cars had seen the green light, then the Toyota Corolla should have yielded the right of way to the Crown Victoria before making that left turn. A lot of times, drivers either don't pay attention or they judge inaccurately while making a left turn.

Auto accident victims who have been severely injured would be well-advised to contact an experienced New Jersey auto accident lawyer, who will find out exactly who or what caused the accident hold the negligent parties accountable for their actions. A skilled New Jersey personal injury lawyer will help you deal with your insurance, the other party's insurance company and any other persons or entities responsible for causing your injuries. If you or a loved one has been injured in a New Jersey auto accident, please call Lependorf & Silverstein for a free consultation and case evaluation.