New Jersey Accident and Injury Law Blog : New Jersey Injury Lawyer & Attorney : The Grossman Law Firm : Serving Monmouth County, Bergen County

When the law banning the use of hand-held cell phones was passed in New Jersey in 2008, injury lawyers believed that it would dramatically impact the rate of accidents caused by such distracted driving. It turns out that we may not have been as right as we might have hoped. According to the New Jersey Division of Highway Traffic Safety, there are still far too many drivers out there using cell phones while driving and causing accidents.

Since the law went into effect on March 1, 2008, law enforcement officers in New Jersey have issued close to 225,000 citations to motorists for breaking the law. Between 2008 and 2009, there were 3,610 accidents that involved a motorist using a hand-held cell phone. These crashes led to a total of 13 deaths. The number of deaths from cell phone-related accidents seem to be the highest in Camden County with 231 accidents in all related to motorists using cell phones while driving. Burlington County was next with 121 accidents, and Gloucester County was third with 116 accidents traced to the use of hand-held cell phones at the wheel.

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Preliminary data released by the Department of Transportation indicate that there has been a record-breaking dip in the number of highway fatalities that occurred on American roads last year. In 2009, according to the data, there were 33,960 deaths on our highways, a drop of 9% from the previous year.

As a New Jersey injury lawyer, I have been blogging about the declining accident fatality rates across the country, including in our state. This year's numbers, while not low enough by any standards, are still extremely encouraging to those of us who would like to see fewer people killed and fewer lives shattered in preventable traffic accidents. According to the Department of Translation, fewer incidences of alcohol-related car accidents, greater use of seatbelts and safer cars have contributed to these decreasing fatalities.

 

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As the numbers of digitized billboards on our highways has increased, the calls for limiting the use of these billboards because of the distraction risks have also become louder.

Travelers have become used to these billboards that flash advertising messages, news headlines, and sports scores. But exactly how distracting are these billboards? 

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An intoxicated motorist who caused an accident that seriously injured three of his passengers, has been charged with DUI and leaving the scene of the crash. The driver Luis Barrera was driving on the Garden State Parkway in Eaglewood Township, when his car veered off the road, and crashed into a few trees. After the crash, Barrera got out of the vehicle, and pretended to be a witness. He then tried to flee the scene of the crash. He has been arrested and jailed. 

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The National Transportation Safety Board has released its 2010 Federal Most Wanted List of Safety Improvements. The agency as it does every year, has outlined the recommendations that it has made to enhance highway, aviation, rail and maritime safety.

As expected, due to the high number of plane safety incidents that we have seen in recent years, aviation safety finds special mention on the list. The NTSB list also includes a number of recommendations for trucking safety, many of which have been given a red designation.

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Trials into the effects of a sex hormone on the severity of traumatic brain injury are slated to begin soon, and these promise the first breakthrough in treatment of these injuries in decades.

Traumatic brain injury is often the result of

·         Automobile accidents

·         Truck accidents

·         Motorcycle accidents

·         Industrial or workplace accidents

·         Construction accidents

·         Trip, slip and fall accidents

These can leave persons with short-term and long-term effects that impact their daily lives. 

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A five-year-old girl sustained serious injuries in an accident on the Garden State Parkway this week. The girl was in an SUV. According to the report, it appears that the driver of the SUV was trying to avoid a massive block of Styrofoam that was on the highway, and the SUV flipped over. There were a total of nine people in the car, including three adults and five children. All the others are also reported to have been injured. However, their injuries don’t seem to have been life threatening.

 

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As a car accident lawyer in New Jersey, I am pleased with some dramatic new advancements in the field of spinal cord injury treatment. Clinical trials into a new robotic exoskeleton that could help patients with these injuries to walk again, are on at a research center in Philadelphia.

The device has been developed by an Israel-based company, and comprises of a harness, backpack and leg supports. The equipment also includes sensors that can detect and communicate to a computer in the backpack that a step needs to be taken. The person can then walk using his crutches.   The device works with the help of a battery that can be charged for three hours of use. However, in order to be able to use the device, a person must have the use of his upper body.

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New data from the US Department of Transportation breaks down accident figures around the country between 1994 and 2008 based on the highways or roads where these occurred. As I looked at accident statistics for New Jersey highways, I noticed that most deaths were linked to drunk driving, speeding and failure to wear seat belts. The last was the single biggest factor in fatalities on New Jersey highways.

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New Jersey’s dram shop liability laws are involved in a lawsuit involving a man who was served alcohol while he was intoxicated, ended up in a fight and suffered serious brain injuries.   

The lawsuit has been filed by Louis Vozza. In June 2008, his uncle Daniel Vozza drank alcohol at one establishment, the Harley’s Irish Pub, before moving on to another one, Straphanger Saloon where he continued to drink. Then, Vozza got into a fight with the owner of the Straphanger Saloon, who was also intoxicated. During the scuffle, the bar owner apparently grabbed Vozza’s shirt, causing the man to fall on the asphalt and strike his head. Vozza suffered a serious brain injury, which has since left him mentally incapacitated. He suffers from memory loss, among other problems.  The lawsuit names the two establishments, and claims that these two served alcohol to Vozza who was “visibly intoxicated.” The owner of Harley’s Irish Pub insists that Vozza was not drunk when he left the bar on the day of the fight.

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The family of a New Jersey man who was killed when he became trapped in the door of an NJ transit train and dragged to his death, has settled with the agency.

The family of John D’Agostino has settled its claim for $2.5 million.  On November 21^st 2006, D’Agostino was getting off a train at a Bradley Beach station, when the train door closed shut on his shoulder and arm. The train began to pull out of the station. D’Agostino began to scream for help, but to no avail.  The train gathered speed, dragging the 49-year-old man with it. D’Agostino was eventually dragged under the train, and killed.  

 

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Last month’s New England International Auto Show displayed a variety of advanced new auto safety features that don’t just minimize injuries in accidents, but also work to prevent crashes, and increase your chances of survival if you are involved in one. What’s more, many of these features are not restricted to high end luxury models, but are being introduced even in mid range and low range models.

For automakers, it makes sense to pump their vehicles with the most high-tech safety features. Surveys show that safety is one of the top most considerations for a car buyer. Even in a recession, car buyers are looking for more than seatbelts and airbags to keep them and their loved ones safe during an accident.

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A new law will require all occupants of a vehicle in New Jersey to buckle up. As a New Jersey auto accident lawyer, I am pleased with the law which is the latest one in a series designed to protect New Jersey motorists in the event of accidents. However, it would have been even more encouraging if the law had been signed in with primary enforcement. Currently, the bill comes with secondary enforcement, which means that police must first stop the vehicle for another offense, before handing out a ticket for failure to buckle up.

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A new group that aims to act as Mothers Against Drunk Driving does to support families of DUI crash victims, has just been launched in Washington. FocusDriven is meant to support families of persons killed in auto accidents involving a distracted driver. It’s part of the nationwide campaign against distracted driving, and it aims to a give a voice to victims of such crashes, who have not had enough attention paid to them till now.

The launch of the group was accompanied by new statistics by the National Safety Council that indicates that 28 percent of all accidents involve motorists distracted by their cell phones. Approximately 1.3 million accidents are caused by persons having a conversation on their cell phone behind the wheel, while 200,000 accidents are caused by text messaging drivers. Every year, these accidents kill more than 2,500 people.  It’s the families of these victims that FocusDriven will give a voice to.

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A highway safety group has awarded top marks to the state of New Jersey for its adoption of highway safety laws that can prevent injuries and minimize fatalities in accidents.

The group Advocates for Highway and Auto Safety has released its 7^th Annual Road Map to State Highway Safety Laws report. The group reviewed 15 basic laws that will contribute to a reduction in fatalities and injuries in highway accidents. All 50 states and the District of Columbia were reviewed based on whether they have adopted all these laws.

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As a Monmouth County auto accident lawyer, I closely follow developments related to inattentive or distracted driving. The New York Times as part of its Driven to Distraction series has a new report focusing on dangers to pedestrians using cell phones while walking.

The New York Times report includes a survey that a research team at the Ohio State University conducted into the risks of distractions in pedestrians. The study found that in 2008, more than 1,000 pedestrians suffered injuries in accidents caused by text messaging or talking on the cell phone while walking.  The survey found that young pedestrians were more likely to be injured because of such distractions, with 50 percent of injuries resulting in emergency room visits occurring in people under the age of 30. At least 25 percent of emergency room visits from cell phone use-related accidents were pedestrians between 16 and 20 years old. However, a quarter of the pedestrians who were injured were between 41 and 60 years. This means that it’s not just young pedestrians who are more likely to run into stationary objects, fall into potholes, trip over sidewalks or suffer other accidents because of distractions. 

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As a New Jersey auto accident lawyer, my days are busy meeting victims of auto and truck accidents in our state, and helping them find the help and resources they need moving forward. That’s why it’s very encouraging when I come across some good news on the New Jersey traffic safety scene. This New Year’s, the state recorded a potential first - the absence of a single traffic fatality over the New Year’s holiday period. State police believe this is probably the first fatality-free holiday on record, since record keeping began in 1996.

My thoughts and prayers continue to be with those who were involved in accidents over the New Year holiday period. Many of these were the victims of drunk driving accidents caused by the intoxicated drivers who flood New Jersey’s streets every New Year’s eve. Unfortunately, the start of 2010 for many New Jerseyans coincides with one of the most traumatic times of their lives. Injuries and fatalities are common during this period, which is the most alcohol-heavy holiday of the year.

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Even with New Jersey’s ban on text messaging in place, personal injury lawyers here continue to see several accidents every year caused by motorists texting at the wheel. Many of these accidents are fatal, and most result in serious injuries.

Yet, automakers seem not to have taken notice of these dangers and the severe risks that come with using a cell phone behind the wheel. Many of them are going ahead to introduce infotainment systems in their cars due to roll out this year. These systems include monitors that display everything from fuel levels and the name of the song being played, to restaurant reviews and even website pages. All of these will be available through monitors mounted on dashboards.

 

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As a personal injury lawyer serving victims in Ocean County, I noted with dismay that the county has earned for itself the distinction of the most dangerous place for drivers in New Jersey. New Jersey state police has released its auto accident fatality data for 2009. Out of a total of 589 accident fatalities in New Jersey last year, 64 occurred in Ocean County.

Second place went to Burlington and Middlesex Counties with 48 fatalities each last year. As an Ocean County auto accident lawyer I can’t help but notice the wide gap in fatality numbers between Ocean County and the two counties that occupy second place on the list.

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As a Monmouth County car accident lawyer, I have been very encouraged at the sharp decline in alcohol-related car crashes here, and around the state of New Jersey. Our law enforcement officers have had a lot to do with cracking down harder on impaired driving, especially during major holidays. This Christmas and New Year’s holiday too has had New Jersey police making serious efforts to keep intoxicated drivers off the road. That’s why it’s more than a little disappointing to read about a state trooper who has been charged with drunk driving after an accident in Allamuchy Township. The trooper Sergeant Steve Pelligra has been suspended while investigation continues. On the day of accident he was off duty and driving his pick up truck on route 157, when the truck crashed into another car. According to police, Pelligra left the scene of the accident, and also refused to submit to an alcohol test.

 

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Automobile accidents are the number one cause of death for young motorists between the ages of 15 and 20. Not only that, they also makeup 1/5^th of all traffic accident fatalities in the country. This is in spite of the fact that these motorists account for just 9 percent of the population of the country. Those facts are included in a new report on young driver fatalities by the National Highway Traffic Safety Administration.

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As a New Jersey personal injury lawyer, I am constantly monitoring how our state’s law enforcement agencies are improving their efforts to enhance motorist safety. This report on a crash analysis software made for very interesting reading. The software is called Plan4Safety and was developed at Rutgers University. The software gives law enforcement another public safety officials access to thousands of accident records dated from 2003 through 2008. There are more than 300,000 accidents records available for free access to public safety professionals who need to sign up for a user ID to access the data.

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Brace for a massive snow storm this weekend in New Jersey, inconveniencing residents and placing motorists at an increased risk of accidents. The National Weather Service is forecasting 4 to 10 inches of storm in Northern Jersey while Central and Southern counties can expect 8 to 14 inches. Winds are expected to reach 40 to 50mph, and as you head closer to the Coast, there may be heavier snowfall. The bad weather comes during the busiest Christmas holiday shopping weekend.

 

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Tis the season of good cheer, mistletoe and unfortunately, also a heightened risk of auto accidents in New Jersey. Our state’s already congested highways and roads will play host to an increasing number of intoxicated drivers, especially as the end of the year, nears.

Law enforcement in New Jersey however, will not be waiting till the Christmas Eve to make sure that drivers are aware of the state’s zero tolerance policy toward drunk driving. The annual anti-drunk driving “Over the Limit. Under Arrest” campaign kicked off on the 7^th of December. The campaign will run through the 3^rd of January next year, with hundreds of saturation patrols and DUI checkpoints across the state.

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Last year, the number of fatalities in traffic accidents in New Jersey dropped to record lows, mirroring a nationwide trend in which fatality rates sank to the lowest level in decades. Much of this has to do with an increased focus on the usual suspects like drunk driving.  Automakers have also equipped cars with safety features that not just lower the risks of accidents, but also minimize the severity of injuries sustained in these crashes.

However, resting on those accomplishments might be premature, as this NPR report shows.  Americans still continue to face auto safety challenges.  It seems like with every challenge that we make progress toward eliminating, we are faced with newer problems. Drunk driving for instance, still accounts for about 30 percent of all fatalities, but death rates in these crashes have been on the decline over the past couple of years. However, cell phone use behind the wheel has presented a new safety challenge that transportation officials and law enforcement are struggling with.

 

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It has been a bad couple of years for New Jersey’s pedestrians with 135 people killed in 2008 alone. 2009 has not been better.  In fact, pedestrian death rates have actually been higher this year with 121 pedestrians killed in accidents so far this year. That’s a staggering increase of 33 percent over the same period of time in 2008.

New Jersey authorities seem to be picking up on the urgency of the situation. New Brunswick last year received $476, 000 in funding from the Department of Transportation, to make pedestrian safety enhancements. The city has already installed radar-activated speed limit signs, and more numbers of traffic safety signs. Crosswalks and curb enhancement projects are also on the anvil. Older slate curbing is being replaced, and repainted to prevent drivers from parking too close to the intersection.

 

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These are rough times for New Jersey’s motorists and pedestrians. As a New Jersey personal injury lawyer, I have been following the steep increase in pedestrian accident fatalities in our state, and have seen the wretched state of many of our roads and highways. Our state has some of the worst roads in the nation. This bleak state of affairs looks all set to get worse before it gets better.

The NJ.com blog reminds us that the Transportation Trust Fund which finances New Jersey’s highway development projects, will be bankrupt by 2011 by which time all its revenues will be used to repay debts. That means that there will be no more money to fund the transportation projects that we are in need of.  

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An intersection in Little Falls in Passaic County is generating a lot of attention because of the high numbers of auto accidents that have occurred here in recent years. Over the past 7 years, there have been 46 accidents at the Clove Road intersection, including a recent one in which a pedestrian was hit by a car and severely injured. In fact, that accident has already resulted in a personal injury lawsuit against the township. 

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The issue of cell phone use while driving is one that auto safety experts and lawmakers are constantly grappling with. As a New Jersey personal injury lawyer, I don’t believe that an outright ban will be completely effective, if it is not combined with other measures that coax motorists to take steps to prevent them from using their cell phone while driving.

The New York Times is reporting on how cell phone muzzling technologies that block calls when a person is driving, might point the way to a future where cell phone use behind the wheel is less of a risk than it is now. Cell phone manufacturers and automakers have been doing their best to make it safer for motorists to carry on a conversation while driving and still be safe. Hands-free sets are hugely popular, and are allowed in states that have banned the use of hand-held cell phones, including New Jersey. However, as a car accident lawyer I have always been leery about how effective hands-free sets can be in lowering accident risks.

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Police are saying that a motorist who struck and seriously injured a bicyclist in Medford on Monday, was texting at the time of the accident. If that wasn’t bad enough, the motorist Robert Sharrer was apparently texting someone about a drug deal at the time of the collision.

According to news reports, the bicyclist Lisa Granert was riding responsibly, following all traffic rules and wearing a reflective vest. Sharrer’s vehicle drifted on to the shoulder and stuck Granert’s bike. The cyclist was thrown to the ground, and suffered serious injuries. She is currently in a trauma unit, where her condition is reported to be stable. Just before the accident, other motorists on route 70, where the accident took place, reported seeing a motorist driving erratically. Investigators say that Sharrer was texting at the time of the crash, and the text had to do with a drug deal.

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Last month, a law that requires New Jersey drivers to remove snow and ice accumulation from their vehicles, went into effect. The law will apply to both commercial and non-commercial drivers.  With this, New Jersey becomes the first state in the country to have such a law.

Now, New Jersey drivers must remove snow and ice from the windshield, roof and hood of the car. The law also applies to 18 wheelers - snow must be removed from the cab and the top of the trailer. Drivers in New Jersey who don’t comply with the new law may be fined between $25 and $75.

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New Jersey, like most of the rest of the country, has seen a drop in the numbers of drunk driving accident fatalities on its streets every year. However, there still continue to be far too many drivers on the streets driving under the influence, in spite of the prospect of fines, jail time or license suspensions.

Between July 2008 and July 2009, police arrested 37,597 people for drunk driving in the state. According to the New Jersey Division of Highway Traffic Safety, 151 people died in drunk driving accidents last year.

One of the measures that experts suggest to avoid driving under the influence - and one that New Jersey auto accident lawyers strongly support - is to have a designated driver, when you go out in a group. Unfortunately, that idea doesn’t always work the way it’s meant to. Designated drivers may find it hard to keep off the drinks themselves, thereby placing themselves and the passengers who trust them, at risk of an accident.  

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As a New Jersey car accident lawyer, I have been particularly enthused by automakers equipping their vehicles with newer safety technologies that either prevent accidents, or minimize the risk of serious injuries in a crash. It’s also been fantastic to see consumers willing to spend more dollars even in a hard economy, for cars that include these additional features.

That’s why it was so great to read that Ford Motor Company will introduce new inflatable seatbelts in the backseats of Ford Explorers that are due to go into production shortly.  The inflatable seatbelts begin to fill with air at the time of impact, protecting a person from chest, neck and head injuries. The seatbelts will be equipped in the rear seats, protecting these passengers from serious injuries in front and side impact crashes.

 

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In the wake of a recent terrifying bridge incident on the Bay Bridge in California in which pieces of steel fell off from a repair job conducted just a few weeks ago, experts are warning about the deteriorating state of the country’s bridges. As a lifelong New Jersey resident and personal injury lawyer, I know that our state has many bridges that are severely in need of repairs.

Earlier this week, motorists traveling on the Bay Bridge during rush hour got the shock of their lives when steel rods and a cross beam, weighing more than 2 tons in all, broke off the bridge and fell off. Luckily, no motorists were seriously injured.   For now, bridge authorities insist high winds caused the debris to fall off. The steel was part of a section of the bridge that had been repaired over the Labor Day holiday.

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For more than two years, Joseph Bozzelli managed to avoid justice after he struck a pedestrian, left his body on the roadside, and sped off. If it hadn’t been for the untiring efforts of the victim’s mother, Bozzelli would still have been hiding from the law. However, last week he was sentenced to three years in state prison for his involvement in Brain Lilley’s death.

Bozzelli had been charged with causing a death while driving with a suspended license, and leaving the scene of an accident. Bozzelli has also had his license suspended. In October, 2006, Lilley was walking on the road at 2 in the morning, when he was struck by a vehicle driven by Bozzelli. His neck was broken, and he died instantly. 

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The death of a man in a car accident in 2006 on the New Jersey Turnpike focused attention on the guardrail that caused his fatal injuries. However, three years after the accident, there have been no changes made to the guardrail which continues to remain an injury risk.

In August 2006, 34-year-old Patrick Sweeney was riding a car on his way to Newark airport. On the Turnpike near route 80, the driver lost control of the vehicle, and it crashed into a guardrail. Sweeney sustained fatal injuries when the guardrail pierced the passenger side of the car.

His family filed a wrongful death lawsuit against the contractor involved in the road construction, the New Jersey Turnpike Authority and others.   They have now settled their lawsuit for 9.7 million dollars.  Their attorney says that the guardrail was installed too close to the road, and on top of a high curb that increases the risk of injury. Three years after the fatal accident that killed Patrick Sweeney, there have been no changes made to the guardrail.

 

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For a third year in a row, there has been a drop in the number of teen drivers and passengers killed in auto accidents in New Jersey. This year, the number of teen motorists and passengers killed was 59.  That was a drop from 68 in 2007, and 73 in 2006. Those numbers were announced by the Teen Driver Study Commission at an event to mark National Teen Driver Safety week, which was marked in New Jersey this past week.

There is plenty of reason to be encouraged. According to Commission chairwoman Pam Fischer, four of the 14 recommendations included in the commission’s 2008 report, were enacted. Fatality rates could drop further as Kyleigh’s law goes into effect on the 1^st of May. Under the law, drivers below the age of 21, who hold provisional licenses or permits, will be required to display a decal announcing their status. When the law comes into effect, law enforcement in New Jersey will be able to identify teen motorists very easily. The decals will be displayed on both front and rear license plates. With this, New Jersey will become the first state in the country to require identification decals for teen motorists.

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Last week, Press of Atlantic City ran a watchdog report that was a follow-up to a previous report, on a low cost insurance program that has regular insured motorists at risk of heavy financial liability, if they are involved in accidents with motorists covered under the program. I was interviwed by the Press's reporter and expressed my anger at the manner in which New Jerseyans have been left at risk for liability because of these threadbare policies.

In August, I blogged about the Special Automobile Insurance Policy (SAIP) and how it has placed New Jersey motorists who are properly insured, at risk of heavy financial damage in case of collisions with SAIP-insured motorists. The SAIP program was introduced in 2003, and was meant to provide about 600,000 New Jersey motorists, who had no access to car insurance, with some form of cover. At the time, SAIP was meant to provide cover for people who could not afford regular insurance, but still needed to drive themselves around to get to work, go to school etc. 

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Route 80 in Bergen County is undergoing repair works that are likely to continue till the end of the year. Unfortunately, the highway has already become the scene of two serious accidents, both of which involved fatalities.

One accident involved a multi vehicle collision in Parsippany. Several cars and art least two big rigs were involved in the accident that occurred last week. One person died and several persons were injured.  One day after that accident, another motorist was killed in yet another crash in Passaic County.

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A two-day long conference on distracted driving wound up last week in Washington DC. There were transportation officials in attendance, along with members of Congress and auto safety advocates.  As a New Jersey personal injury lawyer, I believe that some of the strongest testimony comes from those who have lost the most from accidents involving distracted drivers. This includes victims of such accidents and survivors of those killed in a collision with a distracted driver. There were several such victims and survivors at the summit. They lost loved ones when their cars were rear ended by motorists who were too busy applying makeup, painting nails, talking on the cell phone or text messaging behind the wheel.

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A Freehold man involved in a fatal car accident last year has been sentenced to five years in prison for fleeing the scene of the crash. Adam Grillon will also have his license suspended for one year.

On June 29th 2008, Grillon, the owner of a land was driving a car on route 79 with Angel Franyutti who worked for Grillon's landscaping company. The car veered across the center lane into the opposing lane, went over a curb and crashed into a utility pole, leaving the two men injured.  Two passersby stopped to help Grillon and Franyutti. After they helped Grillon get out of the wreck, they began to offer help to Franyutti. By the time police arrived at the scene, Franyutti was dead, and Grillon had fled the scene. The car was registered to Franyutti. At the time of the crash, he was a husband and father of three little boys, aged between three and thirteen. 

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As any New Jersey bicycle accident lawyer will tell you, injuries that result from these crashes are often extremely severe, requiring extensive hospitalization. Bicycle accidents were in the news last week, after a Superior Court judge suffered head injuries while riding his bike.

According to his wife, Judge Lee Solomon was training on Sunday for an upcoming charity bike ride to Ocean City. The judge seems to have hit a pothole and crashed head first on to the concrete. He suffered skull, hip and rib fractures.  He has been admitted to the hospital. According to his wife, the judge is doing well, but it may be a long route to complete recovery.

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At the sentencing where Sean McGuirk was sentenced to eight years in prison, for causing the drunk driving accident that killed a Perth Amboy police officer, the accused broke down and apologized. Unfortunately, his remorse comes late in the day for the widow who was pregnant when her husband was killed, and the little girl who will never know a father's love.

On August 21^st 2008, McGuirk drank at a bar and drove off. He was speeding at up to 50 miles per hour in an area with a 25mph speed limit.  McGuirk ran two red lights and broadsided a police cruiser. In the cruiser, were patrol officers Thomas Raji who was 31-years-old at the time, and Michael Mercurio. Raji died, and Mercurio, suffered severe injuries including brain injuries, and multiple broken arms and ribs.

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New Jersey personal injury lawyers and auto safety advocates have been advocating much stronger drunk driving laws to prevent the kind of accidents that are caused by repeat offenders. A motorist who hasn’t learnt his lesson after one DUI conviction, or doesn't find the punishment for DUI in our state severe enough, is too dangerous a motorist to be out freely driving on the streets without any restriction.

In an example of the kind of devastation that are caused by such motorists, a serial DUI offender caused a fatal accident in Lower Township in Cape May County over the weekend. John J. Lawless has multiple convictions for Driving While Intoxicated. His Pennsylvania driving license has been suspended out of Pennsylvania since 2001.  None of that seemed to stop this man, however. On Saturday night, Lawless was on route 9, drunk yet again. He failed to make a curve and entered the opposite lane into oncoming traffic.  His car collided with a vehicle driven by Fredrick H Shelton, who died at the scene of the accident. Shelton's wife was critically injured and the couple’s thirteen year old daughter had to be airlifted to a hospital in Camden.

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New Jersey is one of the few states in the country to ban the use of hand-held cell phones while driving, to prevent accidents. The ban isn’t the strongest step we could take towards preventing cell phone-related accidents, but it is still better than no ban at all. Enforcement hasn’t been as aggressive as New Jersey personal injury lawyers would have liked, and I still see far too many motorists with their cell phones glued to their ears.

The Director of the New Jersey Division of Highway Traffic Safety, however, believes that change will come to New Jerseyans' driving behavior, but it will take time.  

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The crash risks of cell phone use behind the wheel are well known, and now, one federal agency has decided to set an example for the rest of us by imposing a ban on all cell phone use behind the wheel, on its employees.

National Transportation Safety Board employees are now banned from using cell phones and other wireless devices while driving. The new chairwoman of the NTSB announced the ban under which employees are prohibited from using all kinds of cell phones, including hands-free devices, behind the wheel. The approximately 400 employees, as well as board members of the NTSB, will be prohibited from texting or talking on agency-issued phones while driving on duty, as well as during off hours. The NTSB is now the first federal agency to have such a ban in place.

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Teenagers comprise just 10 percent of the driving population, but make up 12 percent of the fatalities. These drivers are young, inexperienced, and are very often subjected to serious distractions in the car in the form of loud music, fellow passengers and cell phones.

Last year, Ford introduced the MyKey safety feature in several models of its cars, including the Taurus and Focus. The technology acts like a second parent in the car, placing speed limits and issuing warnings to buckle up, there by keeping teen motorists safer. Those features will become standard on several Ford models expected to roll out this year.

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Binge drinkers cause many of the thousands of drunk driving accidents that take place in New Jersey every year, but a study by the Centers for Disease Control and Prevention shows that the risk from these drivers is far greater than we think.

According to the study, one in every ten binge drinkers has driven off within two hours of drinking heavily. Even more disturbing is the fact that half of these motorists drank at a drinking establishment, like a bar or restaurant. The study surveyed 14,000 binge drinkers (people who drank five or more alcoholic drinks on a single occasion, at least once a month) and measured the chances that a binge drinker will drive off in an intoxicated state. Twelve percent of the respondents said that they had driven a car within two hours of a heavy drinking session. More than half bought their drinks at a pub, bar or other establishment. Half of the drivers who bought the drinks from such establishments, had consumed more than seven drinks, while a quarter had consumed at least ten. The CDC researchers are calling on licensed drinking establishments to be responsible while serving their patrons. 

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Monmouth County investigators have zeroed in on the driver of the box truck that allegedly struck and killed a 59-year-old man last week.

The body of Thomas Kovacs was found on route 33 last week. He lived at a residential care facility in the area. Investigators from the Monmouth County Prosecutor's Office, who evaluated the debris at the site of the accident, were able to determine that the vehicle that struck and killed Kovacs, was a box truck. They were also able to pinpoint the kind of damage that the box truck might have sustained in the crash. The truck was found this week in a commercial parking lot in Freehold Township. The driver of the box truck, Dinesh Kumar Patel has been charged with leaving the scene of an accident.  

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New Jersey’s law enforcement agencies kicked off their Labor Day crackdown on drunk driving last week.

The crackdown is part of a nationwide anti-drunk driving enforcement effort, targeted towards the high number of drunk drivers who are expected to hit the road during this period.  States everywhere have stepped up their enforcement programs, and New Jersey is no exception. More than 230 law enforcement agencies are taking part in the crackdown called “Over the Limit. Under Arrest."

The crackdown will last through September 7^th. There will be additional number of sobriety checkpoints and concentrated patrols targeting impaired drivers. 

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In 2003, then-Governor James E. McGreevy introduced the Social Automobile Insurance Policy that allowed low income motorists to drive with threadbare policies that barely covered their medical costs in the event of an accident. A watchdog report by Press of Atlantic City shows that it's been properly-insured motorists who have suffered.

That’s because when a motorist who is covered by SAIP causes an accident, it’s the victim of the accident and his insurance company who have to foot the bill. This means that motorists may be stuck with a huge bill for car repairs, and a bigger one for injuries in an accident because of the SAIP-insured motorist. Because the SAIP-covered motorist's policy barely covers his own expenses, the other motorist can’t expect to claim any relief. There isn't much point in filing a lawsuit against the driver’s assets, because in most cases these motorists have few, if any, assets. 

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It took a tragic accident involving an allegedly drunk woman who drove the wrong way and crashed her car in New York killing herself and seven others, to put the spotlight firmly on a discomforting phenomenon that has grown in recent years - the increasing number of female motorists caught driving under the influence.

Diane Schuler's toxicology reports show that she was under the influence of alcohol and marijuana when she drove her car the wrong way, and crashed into an oncoming vehicle head on.  In the car were her two-year-old daughter and three nieces. All of them and Diane were killed almost instantly. The occupants of the other vehicle were also killed in the crash.

The drama since the tragedy has had sympathy dissipating for the Schuler's family, after her husband continued to deny that Diane had any kind of drinking problem. Family members of the victim in the other car have already indicated their intention to pursue civil lawsuits. 

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Transportation Secretary Ray LaHood has announced plans to hold a summit of experts in September to discuss distracted driving and the risk of accidents. The summit will include transportation officials, safety advocates, law enforcement agencies as well as lawmakers, and will discuss the effects of distracted drivers on traffic safety, as well as measures to deal with the problem. Not surprisingly, cell phone use and text messaging while driving are expected to be the focus of the summit.

The summit plans come soon after several reports linking automobile accidents to cell phone use hit the news. Like I discussed earlier, the New York Times had revealed last month  that the National Highway Traffic Safety Administration for at least 5 years, had access to data that would have placed pressure on states to pass stronger cell phone safety laws, but failed to make these public.  Soon after, that came a study conducted by the Virginia Tech Transportation Institute, which showed that text messaging while driving increased the risk of an accident by up to 23 times. Whether you believe those numbers are not, you don’t have to be a rocket scientist to figure out that sending text messages when you drive is foolish driving behavior.

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A new bill introduced in the Senate this week will require states to pass laws banning drivers from text messaging behind the wheel, in new efforts to combat the accident rate from such behavior. .  

The bill comes just one day after a study released by the Virginia Tech Transportation Institute, which showed that drivers who text message at the wheel have a risk of being involved in accident or near accident that’s about 23 times higher than a driver who is not text messaging at the wheel.

Although Freehold car accident lawyers and auto safety advocates have always known about the dangers of text messaging by motorists, the Virginia Tech study shows exactly how much we magnify our chances of being involved in an accident when we text and drive. The study used cameras installed inside vehicles, to track the movement of drivers' eyes as they performed several tasks that included text messaging. It was found that drivers who were sending text messaging while driving took their eyes off the road for an average of 4.6 seconds. When you are behind the wheel and driving at 55mph, taking your eyes off the road for 4.6 seconds is long enough to cause a serious accident. 

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A bus accident involving a hotel shuttle bus and another bus at Newark Liberty International Airport have killed one person, and left three injured.

According to news reports, the shuttle bus which was operated by the Marriott Hotel at Newark Airport, collided with a First Transit bus that was carrying Fed-X employees on Wednesday.  The driver of the shuttle bus sustained fatal injuries. The driver of the other bus, as well as one passenger in the shuttle bus sustained serious injuries, and are receiving treatment.

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According to a New York Times report, the National Highway Traffic Safety Administration in 2003 decided to withhold information and evidence that Americans were being placed at high risks of accidents because of the growing use of cell phones behind the wheel.

Documents that were buried years ago have now surfaced thanks to the efforts of two public interest groups, and the NYT has published those documents on its website. The research was apparently withheld because, according to the former NHTSA chief, Congress members didn’t want the agency to pressure states for changes in their driving laws. At the time, the researchers have asked for a more intensive study about the dangers of cell phone use by motorists, but the agency stonewalled any such plans because of political concerns. It’s just another example of the manner in which our safety agencies and law makers fail to do what's right for the American motorist.

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There is some good news on the accident fatality rate front, as confirmed by the National Highway Transportation Safety Administration's annual report that came out earlier this month.  Accident-related fatalities across the country are at their lowest levels, in decades.

According to the report, there has been a drop of 3,998 deaths from 2007. The fatality number in 2008 is 37,261 from 41,259 in 2007. Most importantly, the decline has been seen across all categories.  Drunk driving accident deaths, deaths related to speeding, pedestrian deaths and even trucking accident fatalities, have dropped significantly. The only category that has not showed any improvement is motorcycle accidents. In fact, for the 11^th year in a row, deaths from motorcycle accidents have showed an upward trend. That’s a disturbing fact, and the NHTSA must probe the reasons for why we have been unable to achieve any success in bringing down motorcycle accident death rates.

 

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According to a report in the Washington Post, you're more likely to die in an accident caused by a defect in the design or maintenance of the road, than by speeding, drunk driving or failure to wear a seatbelt.

A study commissioned by the Transportation Construction Coalition and released last week says that more than 50 percent of the automobile accidents that take place in the country are caused because of a defective or dangerous highway. According to the report, poor roadway design or maintenance was a factor in approximately 22,000 accident-related fatalities annually. These fatalities cost the economy $217.5 billion each year. In comparison, fatalities caused by speeding-related accidents cost $130 billion, speeding related accidents cost the economy $97 billon, and failure to wear seatbelts resulted in costs of $60 billion to the economy. Yet, accident fatality prevention efforts in our country seem to focus heavily on drunk drivers and speeders (which is absolutely necessary) and seatbelt enforcement, with little attention paid to the obstructive utility poles, the lack of barriers, the barely visible signs and other roadway defects that cause most of these accidents.

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Denver Nuggets guard J.R Smith has been sentenced to 30 days in a jail in Monmouth County jail after he pleaded guilty earlier this week to reckless driving in a 2007 car accident that killed his friend. The judge sentenced him to 90 days in the jail, but suspended 60 days.  He has also been ordered to perform community service.

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As a Bergen County personal injury lawyer, I have followed the Robert Higbee case with interest, and have discussed it earlier on this blog. A jury has now cleared the New Jersey State trooper in charges resulting from a car accident in Cape May County in 2006. Higbee was accused of running a stop sign while engaged in a pursuit with his light and siren off, resulting in a fatal collision with a van.

On September 27^th 2006, Higbee was on duty racing through an Upper Township neighborhood in pursuit of a speeding car. He was driving at over 79 mph when he allegedly ran a stop sign. His car crashed into a van containing Jacqueline and Christina Becker. The teenage girls suffered massive head injuries in the car accident, and died. Robert Higbee was charged with death by auto. Higbee denied ever having been seen the stop sign that he allegedly ran. He testified that his concentration was focused on the speeding car that was pursuing. If convicted, he could have faced  five to ten years in prison. 

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A Bergen County Student died in what appears to be a drowsy driving accident last week. Daniel Buckiewicz died when his car struck a tree as he was on his way back home to Howell. It was the last day of his semester at Ramapo College in Mahwah. Crash investigations indicate that he most likely dozed off behind the wheel. He was airlifted to the Jersey Shore University Medical Center, but died soon after.

Daniel was a former Patriots team captain, and Freehold Township honored his memory by recording a win against St. Rose seven days after his death. Buckiewicz was an example to his peers even in death – all his organs were donated. At the game, Freehold players and coaches wore green, rubber ”Donate Life” bracelets in his memory.

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Image Courtesy: Flickr-Timbishop01

The parents of a teenager who was killed in a car accident in Southampton Township, Burlington County are channeling their grief into effecting real change in New Jersey law. They want legislation that will make it mandatory for drivers in fatal car accidents to undergo testing for alcohol and drugs.

In July 2007, seventeen-year-old Anthony Farrace was in a Mercedes Benz driven by his girlfriend, Danielle McLaughlin. She seems to have lost control of the car as she attempted to pass a big rig, crashing the Mercedes into a tree. Farrace died almost instantly. McLaughlin suffered injuries. Over the next few months, she pleaded guilty for charges of careless driving, and ended up paying a fine of $200 dollars and having her license suspended for about six months.   Anthony’s parents John and Claudia Farrace believe that McLaughlin should have been tested for alcohol and drug use. 

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There's something unspeakably sad about an elderly person dying in an accident. A 75-year-old man was killed earlier this month when he was struck by a car while trying to cross the road near the Young Israel of Aberdeen temple in Aberdeen Township. Phillip J. Shiffman had been on his way home from a synagogue.  He was rushed to the Bayshore Community Hospital in Holmdel, but died a short while later.

Now, residents are calling for the installation of a crosswalk at Lloyd Road near Idlewild Lane where the pedestrian accident took place. Aberdeen Township authorities have contacted Monmouth County authorities to look into the installation of a crosswalk and other safety precautions in the area. The area doesn’t have heavy pedestrian traffic, but it does have an elementary school.

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There have been no studies to show if drivers who are on a suspended license are more likely to cause an accident than a motorist driving with a valid license. However, a study done last year in Maine revealed that motorists struck by a driver with a suspended license are six times more likely to die than those involved in a car accident with someone having a valid license. Besides, drivers with a suspended license are ten times more likely to indulge in driving under the influence and other reckless behaviors.

At least five percent of New Jersey's 6 million licensed drivers have had their license suspended or revoked at least once in their motoring lives. Far too many of these drivers, as this Star-Ledger editorial discusses, think little of getting back in their car and driving off.

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We have to wait till next year to see if Kyleigh’s Law will actually reduce the number of car accidents involving teen drivers, but the legislation has already generated plenty of heat.

Just under two weeks ago, Governor Jon Corzine signed the legislation that will require drivers below the age of 21 who don’t have full driving privileges yet, to display an identifying decal on their vehicles, allowing officers to distinguish them from others. The law is first of its kind to be passed in the country, and the main intent is to make these younger and inexperienced drivers easily identifiable.

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In March, 18 municipalities across 17 counties in New Jersey, including Bergen County undertook a special two week crackdown on motorists who use their cell phones while driving, thereby increasing their risk of being involved in an automobile accident. The two week crackdown also included the participation of Atlantic, Morris, Union,  Mercer counties and others.

New Jersey passed a law last year prohibiting the use of hand held cell phones behind the wheel.  However, judging by the number of people who continue to use handheld cell phones while driving, many New Jerseyans, including those in Bergen and Monmouth County, still haven’t received that particular message. 

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This year alone, four people have died in accidents walking on the New Jersey Turnpike or the Garden State Parkway. Only four months into 2009, and the death toll has already touched the number of drivers killed walking on these two highways, the busiest in New Jersey, in 2008. 

The problem is serious enough for the New Jersey Turnpike authority to launch an education campaign asking motorists to remain in their cars when they pull over. Both the turnpike and parkway are New Jersey's busiest highways, and approximately 2 million vehicles use these highways every day. The awareness campaign encourages drivers to stay in their cars, and not step out. It includes warning signs that have been posted on electronic message boards along the turnpike or the parkway. Over the next few weeks, authorities plan to have fliers and signs warning motorists on rest stops and toll plazas.  

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Teenagers remain more at risk for a drunk driving accident than older drivers. In fact, according to the Centers for Disease Control and Prevention, alcohol is linked to at least 24 percent of all accident-related deaths involving a male teen driver. Those may seem like mere statistics, but for New Jersey car accident lawyers who constantly deal with accident victims,  and at least one Hudson County family, those numbers are now all too personal and painful. The Colilla family of Lyndhurst, New Jersey is mourning the death of their 19-year-old daughter who was killed in a drunk driving accident in North Bergen on March 13^th. The driver of the car Tyla was traveling in, has now been charged with death by auto.

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At least one person was killed and several others injured in an accident involving a truck, a car and a van on Interstate 80 near Roxbury. The accident that took place last week is currently under investigation.  The deceased was an occupant of the car involved in the crash. According to police, he was ejected from his seat when the accident occurred.

The crash involved a tractor trailer, besides the car and a 15-commuter van, and ended with the tractor trailer flipping over. The trailer was loaded with steel beams, and these were strewn all over the highway although we don’t know yet if the other two vehicles struck the tractor trailer or the steel beams. No one in the van seems to have suffered serious injuries.

 

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On January 13^th, a new bill that seeks to establish a Task Force on Underage Drinking in Higher Education was introduced in the New Jersey Senate. If passed, the bill will set up a task force consisting of 20 members who will be responsible for recommendations for effective ways of combating underage drinking in colleges. These 20 members will be sourced from several New Jersey colleges as well as representative of alcohol retailers. The task force will include the chairman of New Jersey Commission on Higher Education and the director of the Division of Highway Traffic Safety, law enforcement agencies, college representatives as well as representatives from Mothers Against Drunk Driving. All members will be appointed by Governor Jon Corzine.

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New Jersey's share of the federal stimulus package funds may well end up lowering the state's accident rates. According to Senator Frank Lautenberg, the funds will be used for repairing deficient roadways highways and bridges. In fact that is probably going to the one of the biggest priorities, if not the biggest one for the administration.

The state is expecting over $1 billion worth of federal money for roadway and railway improvement projects. That’s about a 30% increase in the state's yearly budget for these facilities. Governor Jon Corzine, who has been a vocal supporter of President Obama’s plan has also confirmed that repairing roads and constructing new ones will be a priority. Rebuilding infrastructure using stimulus money is not likely to cause complaints even among opponents of the federal stimulus plan, because of the substantial job generating potential it has. In an economic downturn, as states all over the country begin to chalk out plans for what they are going to do with their stimulus funds, programs that result in job generation will obviously receive higher priority. Infrastructure projects will mean jobs for construction workers, like masonry workers, crane and heavy equipment operators, contractors and several others. 

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When Governor Jon Corzine signed the Red Light Camera Running program into law in January last year, New Jersey became one of 33 states to use traffic cameras to monitor the kind of red light violations that frequently result in automobile accidents. The program includes 12 municipalities who will have to get the camera systems installed. On Tuesday, the Brick Township Council awarded a contract to an Arizona-based company for the installation and operation of the cameras at two of Brick’s most troublesome intersections.

The cameras work by taking pictures of cars that run red lights, allowing police to send tickets to the registered owners of these cars. Intersections that fall within the program have been chosen based on the number of violations, and only after the town was able to prove that ticketing motorists for violations has been unable to prevent traffic accidents. The municipalities that are part of the program are required to monitor the effectiveness of the system, and report data annually to the New Jersey Department of Transportation. Red light violations are a major problem contributing to car accidents, and it is proved by Department of Transportation statistics. At one Mercer County intersection, there were 159 red light violation-related accidents between 2005 and 2007, while another intersection in East Brunswick saw a total of 161 accidents traced to red light violations. In Jersey City, the number of collisions at one particularly troublesome intersection crossed 1500 during the same period. 

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Two fatal pedestrian accidents, one in Tinton Falls in Monmouth County and the other in Point Pleasant in Ocean County, have been reported. In the Tinton Falls accident, 21-year-old Patrick Ryan was killed when he was hit by a truck in the middle of the night.  According to the driver of the box truck Charles Luckey, Ryan was wearing dark colored clothing and he saw him only when it was too late to avoid hitting him. Ryan was rushed to Jersey Shore University Medical Center in Neptune, but was declared dead. In the other accident in Point Pleasant, a 53-year-old woman was hit while crossing route 88. The accident occurred on a Sunday night, and the victim Virginia Byron was rushed to Ocean Medical Center in Brick where she was declared dead. According to the driver of the car that struck Byron, she was wearing dark colored clothing and he did not see her until the pick up truck hit her. In both cases, Monmouth County and Ocean County teams are investigating each accident.

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A man and a woman were killed in two separate pedestrian accidents in Freehold Township and Carteret last month. In Carteret, Kimberly McMickle was killed when she was crossing the street with her friend. In Freehold Township, Toribio Garcia Jiminez, was struck on Route 9. Both accidents continue to be investigated, but it's probably time to step back and see how we can reduce our chances of becoming one of New Jersey's pedestrian accident statistics. It seems that those road safety lessons that our parents taught us are still as valid now as they've always been. In other words: 

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Automobile accident fatalities around the country, including in New Jersey are on their way to "significant" lows, a survey shows. In at least 40 states out of the 44 surveyed, the decline in the numbers of  accident related deaths  is up to 10.7 percent on an average.

According to the Governor's Highway Safety Association, the declines can be traced to a widespread use of seatbelts. The practice of buckling up in 2008 stood at close to 83 per cent of the driving population, and this has contributed to large number of lives being saved in automobile crashes. There has also been an increase in efforts made towards traffic safety enforcement. The state with the largest reduction in fatalities was Massachusetts with a 29 percent drop , followed by Wisconsin, Alaska, Hawaii, Virginia and the District of Columbia  where these rates dropped by 20 percent. New Jersey fared well on the list too, with an 18 percent drop in accident fatalities in 2008. Georgia was the other state that saw a double digit drop in accident fatalities with a 12 per cent decline.

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Motorists in New Jersey are most likely to die in an accident between the hours of 5 and 6 pm on a warm Saturday in August, if you go by nationwide statistics by the National Highway Traffic Safety Administration (NHTSA). This report in Forbes, offers a startling look into how people are dying in accidents in America. For instance, Saturday is the most dangerous day of the week to be out and about, and August the most dangerous month of the year. However, the worst time you could be on the road is on the Fourth of July. In 2007, the accident death toll on this one day alone touched 926. Not surprisingly, the country's biggest traveling holiday, Thanksgiving, is also its most dangerous weekend to be on the roads. At least 32 percent of those who died in accidents were speeding at the time of the crash, and 55 percent of them were not wearing seatbelts at the time.

In Monmouth County we have very busy roads and highways including Route 9, the Garden State Parkway, and the NJ turnpike.  In Bergen County we have of course route 17, route 4, route 80 and route 46 to name a few of the major traveled roadways. 

 

 

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Carrying on in the tradition of legislation named after victims, aimed at preventing repeats of the heinous actions that cost their lives, new legislation that will require drunk drivers in New Jersey to install ignition lock devices on their cars, could soon be passed.

The bill is called Ricci's Law, named after Ricci Branca, a 17-year-old boy from Egg Harbor Township, Atlantic County who was killed in a drunk driving accident. Ricci was biking to Ocean City with a bunch of friends, when Stephen Fench slammed his car into the group. The friends escaped with minor injuries. Ricci died from injuries sustained in the crash. Fench, it was revealed later was not only a repeat DUI offender, but had a blood alcohol level of .339 at the time of the crash. That's more than four times the legal limit in New Jersey of 0.08.   The police reported that  he spent the four hours before the accident drinking up to 10 glasses of wine at a nearby bar. Since, then Fench has been sentenced to 16 years in prison.

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An Upper Township woman whose two daughters were killed in an accident with a state trooper car has settled with the state for two million dollars. The settlement brings to an end Maria Caiafa's civil lawsuit against Trooper Robert Higbee, as well as the New Jersey State Police.

The litigation relates to the car accident that that killed Caiafa's teenaged daughters Christina and Jacqueline, in September 2006. Higbee was allegedly driving without his lights and siren when he ran a stop sign, and crashed his car into the girls' van. Higbee has been charged with vehicular homicide, and is due to due to face trial in April. The reluctance to drag the civil litigation process out made Caiafa, she says, settle with the state even though criminal culpability for the trooper has not yet been established.

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Last Thursday, the New Jersey Supreme Court ruled that a club in Burlington County that served alcohol to a guest was not liable for any civil claims arising out of an accident, because he was not visibly intoxicated at the time of leaving the venue.

In Aril 2002, Stephen Mikalic was a passenger in a car driven by John Kinnerman. The two had just left the Happy Hour Social and Athletic Club in Maple Shade, where they had been drinking. The car crashed into a van killing both men, as well as two other passengers in the car. Kinnerman's blood alcohol level at the time of the car accident was .018.   Mikalic's widow filed a wrongful death claim against the club, stating that the club hosted a picnic where guests imbibed drinks from a beer truck at the venue. Her claim was that the staff at the club had a duty to monitor the level of intoxication of guests. The Court has now unanimously ruled that there was no negligence on the part of the club because of witnesses who testified that Kinnerman didn’t appear to be intoxicated as he left the venue.

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Image Courtesy: Flickr - Mike Dakinewavamon Kline

New Jersey has the distinction of being one of the first states to clamp down on the use of hand held cell phones, but now a national safety group is calling for a nationwide ban on cell phone use while driving to eliminate one of the biggest causes of auto accidents.

Drivers in NJ are banned from talking on a hand held phone, or text messaging on one, and teen drivers are banned from all cell phone devices behind the wheel, but the state doesn't have a complete ban on cell phone use by motorists. In fact, no state in the country has a complete ban in place. That needs to change, say the National Safety Council whose President Janet Froetcher has called for a ban on all cell phone devices, both hand held and hands free. The reason for the push for no cell phone use in a moving vehicle is the growing number of automobile crashes that are being linked to these accidents. Ever since these devices became a part of our lives, cell phone usage while driving has become the biggest distraction to motorists, ranking above turning on the radio, reaching for something, or eating in the car.  

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A Hawaii man who was in Monroe Township, New Jersey on a holiday died after a car accident, apparently caused when the driver  fell asleep at the wheel. The accident took place early in the morning of the 2^nd of January. Reginald Streater was in a 2008 Toyota Avalon, and traveling on a Williamstown road when his brother Russell who was driving, allegedly dozed off at the wheel. As Russell drifted off to sleep, the car veered off the road and crashed into a utility pole. The passenger side took the full impact of the crash, and Reginald was ejected from his seat. He was airlifted to a Camden hospital, but died soon after from his injuries. Russell was not injured in the accident.

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Denver Nuggets star J.R. Smith  won't have to face a grand jury indictment for his role in a fatal Millstone car accident that killed his passenger – a Monmouth County jury has decided not to indict the basketball star, who continues to be as reckless on the streets as he was before the fatal crash of June 2007.

The accident occurred when Smith allegedly ignored a stop sign, and drove around a car that was stopped, and into the path of an incoming vehicle. Both Smith and his passenger Andre Bell were ejected from the car, and Bell sustained serious head injuries. He died a couple of days later at the hospital. Smith received citations for improper passing and failure to stop at a stop sign.

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Stricter enforcement, enhanced auto safety features, and of course, the fact that high gasoline prices made sure most people thought twice about making that not-so-necessary trip – these were the reasons the rate of road accident deaths in New Jersey, from Passaic County to Ocean County and beyond, fell to their lowest in over a decade.

The numbers were particularly encouraging in Ocean County, where the number of deaths from road accidents fell by almost 50 percent to 36 in 2008. In 2007 year, a total of 74 people had died in traffic accidents in the county. That's s a significant drop, and one that has as much to do with better monitoring by our law enforcement agencies, as it has to do with high gasoline prices. In our very own Monmouth County, the drop hasn’t been very steep – from 55 in 2007 to 48 in 2008. Worse yet, Monmouth County was second on the list of auto fatalities in 2008 in the state.

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A Passiac County woman was killed in a pedestrian accident in Wayne after being struck by a car.  52-year-old Kathleen Sullivan was knocked down by a Mazda driven by Anthony S. Fusco as she walked at an intersection on the 23^rd of December at about 7 in the evening.

She sustained severe injuries in the accident, and was rushed to St. Joseph's Wayne Hospital where she died as a result of her injuries. The Passaic County Prosecutor's Office is investigating the accident, and has asked anyone with any information on what happened at the scene of the crash, to come forward. Investigations will take a while to complete and we can only then expect a clear picture of what happened at the Hamburg Turnpike and Leonard Terrace intersection where Sullivan died. 

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New Jersey welcomed the onset of winter with ferocious weather that was linked to several car crashes and  truck accidents, as well as a plane crash near Linden.

The morning of the 21^st saw a multi vehicle accident on the New Jersey Turnpike that left at least 17 people with injuries, none of which fortunately, were serious ones. The crash involved at least two buses, and a total of 90 passengers. Across northern New Jersey, dozens of other accidents were reported, all as a result of the blizzards that rushed in over the weekend. In another weather-related crash that could have turned into a disaster, four police troopers had a narrow escape when a tractor trailer smashed into an accident scene they were at on Interstate 80 in Hope. The officers were responding to the scene of a crash involving a spin out. A tractor trailer approaching the scene lost control, and skidded into another vehicle before slamming into the fire truck that was stopped nearby. The truck protected the troopers from taking the direct impact of the tractor trailer. 

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It was a Thanksgiving holiday the Almario family of Jersey City will never forget, and now, for the driver who shattered their world in an alcohol-related car accident, it's time to face charges of drunk driving and three counts of second degree assault by auto.

NJ.com is reporting that the 26-year-old driver, Alex Gerashchenko made a virtual appearance in court via video link from the Hudson County jail, to hear the charges. He is facing a sentence of between 5 and 10 years for the assault by auto charge. Apparently quite a charming character, Gerashchenko has also been charged with unlawful taking of a means of conveyance.  His girlfriend had complained that he had disappeared with her mother's Jeep Grand Cherokee before the Thanksgiving accident, when he plowed his vehicle into the car carrying the Almario family. 

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Route 130 in Burlington City, New Jersey is receiving unwelcome publicity for the number of accidents that routinely occur here. Just this week, a 4-year-old boy was killed when a pick up truck slammed into him as he crossed the street with his uncle. The boy died at the scene of the accident.

Pedestrian accidents have become far too frequent on this stretch that has the distinction of being voted the most dangerous road in New Jersey by a transportation advocacy group. In all, between 2005 and 2007, a total of nine pedestrians were killed on the road. Now, city authorities are making efforts to stem these growing numbers of accidents.   Since the beginning of September, traffic enforcement officers have stepped up efforts on Route 130, and over 200 vehicles have been stopped. 199 traffic summons have been issued, including several for running red lights, using a cell phone while driving, speeding, and the rest for seat belt, and stop sign violations. 

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 Across the state, there has been a welcome side effect of high gas prices – fewer cars on the roads, and consequently fewer accident fatalities on New Jersey streets.  In fact, as a report by State Police confirms, NJ is well on its way to seeing the steepest drop in auto accident fatalities in two decades.

The drop in New Jersey accident deaths has been far-reaching, covering nearly all counties. Monmouth County, which had 55 accident fatalities last year, has seen that number drop to 42 so far this year. Middlesex County has had 44 people killed in accidents this year, compared to 54 last year. But it's in Ocean County that the drop has been the most dramatic. The County had a total of 35 accident deaths this year, compared to 74 in 2007.   Overall, there were 547 traffic accident deaths in the state, as of December 5^th this year, a fall of 19 percent from 2007.  

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A Philadelphia journalist sustained traumatic brain injuries in a hit and run car accident in Collingswood, NJ yesterday. According to this news report, Collingswood NJ police are confirming that Brian Hickey, a former editor at the City Paper, was walking at night along North Atlantic Avenue, when an unidentified motorist crashed into him.

It was only later that police officers found Hickey, with a bleeding wound in his head. He was rushed to the Cooper University Medical Center in Camden, where it has been confirmed that he has suffered a traumatic brain injury.   Witnesses at the scene reported hearing a loud bang, and the screech of tires as the motorist fled form the scene. The skid marks on the road were the first indication to police officers that this had been a hit and run accident.

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 A New Jersey go-go bar has lost its appeal to hold on to its liquor license in the aftermath of an automobile accident that killed two people back in 2000. The bar, Cheerleaders located in Brooklawn, had its appeal overturned, and an earlier decision to repeal its license by the Alcoholic Beverage Control division in New Jersey, was upheld. Cheerleaders has about six months to sell off its license, and pay a fine to ABC.

The case goes back to April 2000, when a patron at the bar, 23-year-old Humberto Herrera-Salas was served alcohol even after it was obvious that he was intoxicated. Other regulars at the bar were quick to notice that Herrera-Salas was already drunk as he walked into the bar, and drunk driving experts later calculated that his blood alcohol level had to have been at least .18 by the time he entered Cheerleaders. At the bar, Herrera-Salas went on to down three shots of tequila and three beers. When it became obvious that he was too intoxicated to be hanging around the bar any longer, employees forced him outside, and even called a cab to drop him home. 

 

What happened next seems to have been the crux on which the appellate court upheld the decision to repeal the bar license. The employees should have made sure that Herrera-Salas was safely inside the car, and on his way home. Instead, they left him to his own devices, and went back inside the establishment. Herrera-Salas, too drunk to care, simply got into his car, and sped out of the parking lot.  A few minutes later, he was driving south in the northbound lanes of Route 130. The car accident when it did occur, was devastating in impact. Herrera-Salas' car crashed head on into a vehicle carrying a couple from Gloucester City. Patricia and Robert Reed were killed in the crash, and at least two passengers in their car were seriously injured. 

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Motorcycle accidents and related fatalities and traumatic injuries is a serous problem in both New Jersey and our neighboring states. A recent article from The Express-Times reports a 27 year old was recently riding his motorcycle south on Route 611 about 2 a.m. when he veered into the northbound lane and crashed into a curb apparently suffering serious injuries. The police do not know what caused the rider to crash into the curb and the crash is under investigation.

 As Monmouth County and New Jersey motorcycle accident attorney I have witnessed first hand the devastating life altering effects of motorcycle crashes. In this particular situation there could be many factors that made the rider swerve into the opposite lane leading him to strike the curb. What ever the cause of the accident may be, drivers on the road have to make sure they are careful around motorcycle riders. A simple act of having your high beams on can blind a driver and when the driver is a motorcycle rider they can more easily lose control and crash. One way to simply lower the motorcycle fatalities is to always keep a safe distance between your vehicle and the motorcycle and always proceed with caution before entering into a turn or a lane change. Motor vehicle drivers can do their part by being more responsible on the road and hopefully motorcycle riders will do their part by taking the right safety precautions.

 

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We all know that drinking and driving often results in death, serious injury or the destruction of life.  A recent local news story reported an accident in South Jersey recently sent several innocent grocery shoppers to the hospital. A car spun out of control and slammed into 3 people - two of them were in wheelchairs. The police are saying the driver was intoxicated when she crashed into pedestrians on a Shoprite sidewalk in front of the store.

 As a Monmouth County and New Jersey car accident attorney I have represented hundreds of victims that suffered critical injuries because of alcohol related car accidents.  This news story above highlights a all too common scenario whereby alcohol appears to have impaired this driver’s sense of judgment. The alleged intoxicated driver may have destroyed the lives of these innocent grocery shoppers who never would have imagined that they would fall victim to a drunk driver while going through their normal every day routine of pushing their grocery carts at their local supermarket.  Drinking and driving frequently leads to victim's extreme suffering.  I have witnessed first hand clients that have suffered at the hands of drunk drivers’ : traumatic brain injury, loss of limbs, spinal cord injuries including paralysis fractures, herniated disc injuries leading to spinal fusion or inter-body fusion surgery and a myriad of other life altering injuries and even death.  So as a seasoned New Jersey and Monmouth County accident attorney lawyer I can attest unequivocally that alcohol mixed with driving of motor vehicles, motorcycles or trucks many times equates with the total destruction of innocent life and also destroys both individuals and their families.  We can significantly reduce the number of serious injuries and fatalities in New Jersey by never ever driving while intoxicated or in any way impaired.  

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New Jersey car accidents have always been a problem and a local dealership is doing its part to improve motor vehicle safety. According to a Sunbeam article the Pointe Pontiac Buick GMC is offering scholarships to attendees of a driver safety class offered by the AARP at Merion Gardens Assisted Living June 10 and 11. A two day course is being offered which could help lower insurance rates and reduce penalty points on your driver’s license. The AARP requires a $10 cover fee for class materials but the owner of Pointe Pontiac Buick GMC is willing to pay the cost of the entire class. Larry Davis, owner of Pointe Pontiac-Buick-GMC says "We are committed to giving back to our community and this seemed like an ideal fit. We provide transportation and this course helps raise safety awareness which can only benefit our customers and neighbors." The American Association of Retired Persons (AARP) does not require for you to be a member or senior citizen to attend classes or qualify for an insurance discount. This program is a great way to improve driving skills and could refresh a lot of driving techniques that may have been forgotten over the years.
 

New Jersey has very busy roads during the summer months especially in Monmouth County. As an attorney representing many motor vehicle accident clients throughout the New Jersey and the Monmouth County area, I ask you to be extra careful driving this summer because the roads will get busy as people travel towards the shore to beat the summer heat. According to AARP, the likelihood of attendees being involved in an auto accident or receiving a traffic ticket should decrease by 15 percent following the completion of the two sessions. Being a Monmouth County and New Jersey injury lawyer I would recommend completing some of these courses to help improve driving safety and to help reduce those outrageously over priced New Jersey auto insurance rates.

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New Jersey traffic accident related fatalities have statistically decreased by 17 percent over the past 12 months however, the actual number of deaths remains at an unacceptable horrifying 207 between January 1st and May 17 of this year. These statistics were reported in a recent Today’s Sunbeam article that interviewed New Jersey State Police Colonel Rick Fuentes. Fuentes stated…“ As alcohol related crashes make up a large percentage of fatalities, the focus of our communities must be first devoted to both deterrence of drinking and driving and secondly to the enforcement of DWI related offenses. 

State Police Deputy Superintendent of Operations Juan Mattos said, "Four of the seven fatal motor vehicle accidents on Memorial Day 2007 were alcohol related. This is a pointless waste of lives we will attempt to avoid by relentlessly pursuing intoxicated drivers." Superintendent Fuentes added "We can only do so much to encourage safe behavior. In the end, New Jersey's drivers must decide to act responsibly."

As a Monmouth County and New Jersey auto accident lawyer attorney, I have witnessed over the past decade the horrific shattering of lives far too often as the direct result of alcohol consumption while driving cars, trucks and motorcycles. Obviously, we should never ever drink and drive. More safety tips can be found at The American Society of Civil Engineers link and I hope this information will be useful and if applied may even help to reduce the number of traffic related fatalities and severe injuries.

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A motorcycle accident that recently occured left two people seriously injured. According to a Trenton Times article 31 year-old Dheeraj Kalpish and 26 year-old Jessica S. Zito were traveling westbound on 1-195 when their motorcycle crashed into the rear of a car directly in front of them. The impact threw both of them about 30 feet off the motorcycle leaving them in critical condition. According to the State Police, Kaplish was rushed to the Cooper Hospital-University Medical Center in Camden, by a medical helicopter. Jessica Zito was transported to the trauma unit at Capital Health System at Fuld hospital in Trenton, by an ambulance. 

As a Monmouth County New Jersey Motorcycle accident lawyer attorney I have seen first hand the devastating toll that motorcycle accidents have taken on its victims and families. It was not reported in the above article whether the car in front of the motorcycle suddenly stopped short (a very possible scenario).  Regardless of whose fault the crash was, we know for certain that New Jersey's over crowed highways and major roads can be a most dangerous place for motorcycle riders.

 

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My experience as a motorcycle accident attorney representing many bikers injured throughout central and northern new jersey is that most often these victims suffer extensive fractures, scrapes, burns or traumatic brain injuries as the result of the failure of drivers of a car or automobile to see the motorcycle until it is far too late. Those who ride on our over crowded highways and roads also experience the decay in the infrastructure or the toll that the roads and highways take due to the winter weather and constant pounding of tractor trailer trucks, cars and buses. Reducing the incidences of motorcycle crashes in the nation’s most densely populated state is a noble and vital goal.  

According to the Federal Highway Authority about 2,500 New Jersey motorcyclists are involved in crashes each year. In 2006, in NJ there were 89 deaths which have more than doubled the 40 motorcycle deaths in 1991. As reported in a recent Glouster County Times article, Rowan University partnered with the New Jersey Motor Vehicle Commission and Virginia Tech to promulgate a study gathering data about motorcyclist habits that may help to reduce the incidence of motorcycle related fatalities and injuries.   Dr. Yusuf Mehta, an associate professor of civil and environmental engineering at Rowan said”Motorcyclists are vulnerable highway users, and we have been watching the number of motorcycle fatalities in our state increase. The goal is to understand the root cause of increasing motorcycle fatalities." Dr. Mehta said his students will look at police reports of motorcycle crashes and investigate several factors such as pavement conditions, street lighting, and visibility. The study will continue through June 2009 and is funded through a $199,000 grant from the State Department of Transportation.

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New Jersey motorcycle riders continue to be involved in many deaths and serious injuries on our densely populated and over crowded roads.  As a matter of fact 87 deaths occurred between 2006 and 2007 according to a Trenton Times article which cites recent NJ motorcycle accident statistics from the New Jersey State Police. The good news is motorcycle fatalities decreased 15.5 percent – from 103 to 87. The bad news is 87 fatalities is the second-highest total recorded in the last 12 years. Furthermore, according to the U.S. Department of Transportation in 2005, 27 percent of all fatally injured motorcycle operators had BAC levels of .08 g/dl. Forty-five percent of fatally injured motorcyclists did not wear helmets. Motorcyclists need to be more responsible with how much alcohol they drink and wearing helmets. Those two irresponsible acts can easily be avoided and help lower fatalities. New Jersey compared with recent national statistics has made some positive strides in reducing motorcycle fatalities but 87 deaths is still too many and we have a long way to go.

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In January 2008, Governor Corzine signed a law which allows cities across the state to install cameras at intersections for the purpose of catching folks who run red lights. Here's how it works: you run red light, and the camera would take a color photo of you mid violation. Then you'd get a ticket in the mail. The bill has its share of supporters and detractors. Some say that the cameras are a good thing because they save lives by preventing accidents and the presence of the cameras reduce the number of red light violations. Others contend that the cameras deny alleged violators the right to confront an accuser in court, that they could possibly lead to innocent drivers being charged and overall their presence will do nothing to deter unsafe motorists.

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The results are in! The AAA Clubs of New Jersey biannual transportation survey published the results which revealed that the top five safety issues on our roads are:

1. impaired drivers
2. text messaging while driving
3. big trucks that tailgate
4. aggressive driving
5. using a hand-held cell phone while driving.

New Jersey motorists surveyed also identified the top five driver distractions:
1. reading
2. using a PDA or Blackberry
3. personal grooming
4. talking on a cell phone
5. eating or drinking.

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Hey New Jersey residents... I know you know this already, but as of March 1, 2008, you can be stopped, ticketed and fined for driving while talking on your handheld cell phone. Get a hands free attachment or use the speakerphone option, or better yet, don't use the phone just to catch up with old friends while you are driving.... Remember, driving while distracted is very dangerous and has led to quite a number of auto accidents... According to National Highway Traffic Safety Administration, nearly 80 percent of all crashes are the result of driver inattention.

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Late last month, New Jersey became the second state in the country to ban driving while sending text messages (Washington State is the first). Text-messaging is a dangerous distraction to drivers, just much as talking on a cell phone, listening to loud music, eating, drinking, attending to children, and watching television can be. Driver distraction is responsible for 30% of all motor vehicle accidents, according to the federal government.

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In New Jersey, as a general rule if you are injured while occupying or driving a motorcycle, moped, commercial vehicle, taxi cab, chauffeured rentals or bus you will not be able to seek PIP no-fault benefits for payment of your medical bills. That's right, if you have private health insurance your medical bills may be covered as long as your policy does not contain any specific exclusions for treatment you receive as a result of an accident while driving for example a motorcycle.  

 

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I'm feeling particularly cranky today. In my continuing tirade against the auto insurance industry's apparent war against its insureds, I want to once again address the way in which, you, the consumer, with the good driving record, who has dutifully paid premiums on time, is getting the shaft by your insurer. God help us all if we need our auto insurance to pay our medical bills after a motor vehicle accident.

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The Courier Post reported that New Jersey state senator Robert W. Singer reached a $1.175 million settlement with Ms. Barbara Sara, a 74 year old woman, who in 2005 was critically injured by the senator's vehicle while crossing a street in Jackson, New Jersey. The settlement was reached the day the lawsuit against the senator was scheduled for trial.

 

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Motorists, when driving up to Maine for your annual lobsterfest with the family, be sure to buckle up. Maine recently adopted a new seat belt law, changing the current statute which stated that the police had to stop motorists for another violation before they could write tickets for not wearing a seat belt. The new law which takes effect this summer, makes the failure to wear a seat belt a primary offense, meaning the police may stop you for failure to buckle up without having another reason for the stop.

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New Jersey Governor Jon Corzine signed a bill earlier this month creating the Teenage Driver Safety Study Commission. The purpose of the Commission is to  recommend ways to prevent car accidents involving inexperienced motorists. Read the full article in The Star Ledger. It's a timely action by the Governor, when communities across the state are mourning the loss of young people in recent tragic motor vehicle accidents.

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Here’s something interesting I’d like to share with you. Over the past decade, I have observed that most, if not all of my motor vehicle accident clients had no idea who (or more accurately, whose insurance company) was financially responsible for the medical treatment of the injuries they sustained. There is a common misconception that it is the automobile insurance carrier of the “at fault" driver that is responsible for paying the medical bills. 

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• "Delay, deny, defend" is the battle cry for the auto insurance industry to protect their multi-billion dollar empire. In a recent report filed by CNN's Drew Griffin, he uncovered that this practice is rampant among the nation's auto insurance companies when people are injured in what insurance representatives consider a "minor impact" auto accident.   New Jersey attorneys representing persons who have suffered injuries in auto accidents have long experienced first hand these tactics of the nation's largest insurance companies.  Throughout the past decade I have represented many individuals that were involved in what the insurance company deemed a "minor impact" and as a result of the accident they suffered serious permanent injuries such as a herniated disc. Many times the injuries were so debilitating that after multiple steroid injections, extensive narcotics usage, physical therapy and chiropractic care, spinal surgery became the only option.   The suffering was very real.

 

 

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In a recent article in Insurance Journal, it was reported that GMAC Insurance announced a new product for owners of Recreational Vehicles ("RV"). Recognizing that RVs are unique motor vehicles, GMAC Insurance has tailor made a product for this specialized vehicle, which is available in a handful of states currently, but will be available nationwide in the future. For more information, check out GMAC Insurance's website.

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A new study recently revealed that 17 percent of people exposed to deployed airbags in American cars will suffer permanent hearing loss.

Read the entire article on InsuranceJournal.com.

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Every year millions of people are injured in motor vehicle accidents. Motor vehicle accidents are the leading cause of injury in the United States for people ages 1-34.

Many vehicle manufacturers have made safety improvements to their vehicles including air bags, rollover bars, reinforced frames, better tires, etc. Additionally, many states have passed tougher drunk driving laws. As a result, many lives may have been spared. However, with an ever increasing number of vehicles on the road, motor vehicle accidents still occur with alarming frequency. In fact, according to the National Highway Traffic Safety Administration, every 10 seconds someone in the United States is involved in a car accident.

If you have a young driver in your family, or a young person preparing to obtain his or her first driver's license, take a few moments with your child to obtain some really useful information from the New Jersey Motor Vehicle Commission.

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“Driving under the influence”, or “Driving while intoxicated”, is the term for alcohol-related driving behavior. It is responsible for nearly 1/3 of all traffic deaths in this country. Many of these impaired drivers are repeat offenders and all can cause a heavy burden of death and/or injury to themselves and to innocent drivers, passengers, and pedestrians.

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N.J. Eyes Capping Doctors' Charges for Auto Accident Patients
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New Jersey regulators are considering limiting how much doctors can charge insurers for treating people injured in vehicle accidents, a move meant to cut prices but one foes argue will make it hard to get medical care.

This article can be found at:

www.insurancejournal.com/news/east/2007/01/03/75579.htm

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