New Jersey Injury Lawyer & Attorney : Law Offices of Scott D. Grossman : Serving Monmouth County, Bergen County

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A New Jersey woman has won a major victory as an appellate division court overturned an earlier ruling that could now pave the way for Sussex County's liability in causing her motorcycle accident in 2004. The crash left Kathleen Fitzgerald with severe injuries, and was blamed by the victim on a faulty sign that depicted a 135 degree turn as a right angle.

On May 30, 2004, Kathleen Fitzgerald was riding her Harley Davidson when she saw a sign that showed a right angled turn ahead. Only, the turn was a hairpin bend, and the motorcycle crashed against a guardrail. Fitzgerald's legs and foot were badly smashed.  She filed a lawsuit against the County, which alleged that there had been at least 22 other documented accidents in the area between 1999 and 2004 because of the defective sign. But in 2005, a state Superior Court judge ruled that Sussex County had immunity from liability. In delivering this ruling, the judge maintained that Fitzgerald had adequate warnings about the hairpin curve ahead, including 10 mph speed limit signs that were posted just before the curve. There was also a 90 degree arrow just before the bend that should have been enough warning for any motorcyclist, the judge ruled at the time. 

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 You can't fail to see the irony of a man surviving 15 months on duty in Iraq, only to die in a New Jersey motorcycle accident barely three months after his return. On the 21^st of September last year, 21-year-old Anthony LaSelva, a New Jersey Army National Guard reservist was riding his new Kawasaki motorcycle on a Washington Township road. As he rounded a sharp corner, he struck a curb, and then crashed into a street light that wasn’t even lit at the time. LaSelva died from injuries sustained in the accident.

His family has now filed a lawsuit against the municipality for its failure to create safe conditions for driving on that road. The corner where the accident occurred has no warning sign posted to warn motorists or riders of the intensely sharp curve ahead, and the street lights were not functioning properly. In short, conditions were perfect for a fatal crash like the one that killed LaSelva. The lawsuit cites the "negligence" of the township for permitting "hazardous conditions" on the road, manifested by the lack of signs and non-functioning street lights.  The lawsuit also mentions Atlantic City Electric, which is the company that was responsible for maintaining the street lights.

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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 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 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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Maybe. But should that really be the right question when it comes to the safety of motorcycle riders? In New Jersey, state law mandates that all those who ride motorcycles must wear a DOT approved helmet. Each year in the Garden State, 2500 motorcycles are involved in accidents, resulting in at least 50 fatalities.

But recently in Michigan, the group called American Bikers Aiming Toward Education (ABATE) authored a bill which was introduced to the State House which would allow motorcyclists to forego wearing a helmet when they ride as long as riders pay a $100 fee, are at least 21 years old, are licensed to operate a motorcycle for at least two years, have completed a motorcycle safety course and have insurance or security of $20,000 for first-party medical benefits in the event of an accident.

ABATE believes that wearing a helmet infringes on individual freedom of choice and the right to privacy. While that may be arguably true, if you look  at the other states that have repealed mandatory helmet laws, Florida, Kentucky and Louisiana, and you see the exponential rise in injuries and deaths to motorcyclists following the repeal of their helmet laws, you'd have to agree that the interest in keeping the public safe, with something so easy as wearing a helmet is extremely compelling. 

In a recent article in Insurance Journal about the Michigan law, the National Highway Traffic Safety Administration found that in the three years after Florida's repeal of its mandatory helmet law in 2000, 933 motorcyclists were killed, an 81 percent increase.

Another study found that fatalities grew by more than 50 percent in Kentucky and 100 percent in Louisiana after those states struck down mandatory helmet laws.

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