A New Jersey husband and wife, who were seriously injured in a motorcycle accident they blame on a young driver texting at the wheel, are calling for stricter punishments for those who indulge in such distracted driving.

Linda and David Kubert were motorcycling in Morris County when they were struck by a pickup truck. The Kuberts say they saw the driver of the pickup truck using his cell phone at the time of the crash. The two were seriously injured in the motorcycle accident. Both lost a leg each. The 18 year old driver meanwhile, got away with a slap on the wrist. He received three tickets - for using a handheld cell phone, careless driving and making an unsafe lane change.

Kubert has written to State Senate Majority Leader Steve Sweeney, and is planning to write to more legislators to pressure them to increase penalties on drivers who violate the texting ban. The $100 fine that motorists can now expect if they use a handheld phone behind the wheel, is not enough of a deterrent, the Kuberts believe.

As a New Jersey motorcycle accident lawyer, who would like to see harsher penalties for texting while driving, I agree. There is very little point in having laws with no bite. A hundred dollars is not much of a penalty when you consider what the Kuberts have lost. Currently, Utah has something approaching harsh penalties for texting drivers - 3 months in jail and up to $750 in fines. We need to have similar deterrents in New Jersey.

Families of two motorcyclists, who were killed earlier this month in separate accidents in a construction zone on I-295,  have expressed their intention of suing the New Jersey Department of Transportation, and state police.

According to New Jersey State Police, the lanes where the accidents took place are under construction. The first motorcyclist Jude Bihari struck a ridge at the construction zone. The bike toppled over, and Bihari slid into the center lane where he was struck first by a BMW, and then, by a Hyundai Sonata. He was declared dead at the scene of the accident.

The same stretch of highway was also the scene of another motorcycle accident, just hours after the one that killed Bihari. The second motorcyclist, Ronald Moss also apparently struck the same uneven pavement involved in Bihari's accident, and lost control of the bike. Moss was thrown off his motorcycle when he struck the uneven pavement. He sustained serious injuries, and died later.

State police insists that in both cases, there was a clearly visible white line separating the lane that was elevated from the other.  They also insist that there were signs warning motorists about construction work going on in the area.

Families of the two victims are considering filing a lawsuit against the state DOT, and New Jersey State Police. The families insist that there was a failure to adequately warn the motorcyclists of the risky road conditions just before the accident that killed Bihari.

Navigating construction zones can be very tricky, and signs may not always be as visible as they would be if the highway was clear. There may be heavy construction equipment like bulldozers around, and several construction workers at the site. There may be heaps of construction debris, making it harder for a motorist or motorcyclist to see a white line.

Scott Grossman is a New Jersey motorcycle accident lawyer, representing injured victims of motorcycle accidents in Monmouth, Bergen, Passaic and Ocean Counties, and across New Jersey.

Superior Court Judge Anthony J. Mellaci Jr cited Lombardo’s prior record for ordering that his bail be increased to $250,000. Lombardo has one previous drunk driving conviction, besides two other convictions for reckless driving and two convictions for drug possession. On the 22^nd of March, Lombardo was again cited by Brick Township police for driving under a suspended license. The judge also frowned on Lombardo’s attempts to name-drop his way out of trouble. On the night of the accident in which Lombardo struck a motorcycle carrying 39-year-old Teresa Kling and her fiancé Michael Crowell, Lombardo told the police officer who pulled him over, about friends he had in law enforcement.

Earlier this month, I discussed the decline in alcohol-related car accident fatalities across the country, including in New Jersey. Those trends have been seen for several years now. Tougher laws against drunk drivers, stronger prosecution, and enhanced use of awareness campaigns have reduced our tolerance of drunk drivers, and brought down the number of fatalities in accidents involving these motorists. New Jersey personal injury lawyers, I'd like to believe, have done their bit to hold such reckless motorists accountable in a civil court.

When I come across cases like this however, it becomes clear that we still have a long way to go.

A Lincoln Park man was killed in a motorcycle accident with a mini van earlier this week. The victim's 2006 Yamaha crashed into a mini van that was exiting a driveway. The occupants of the mini van, including three children below the age of three, did not sustain injuries in the accident. The motorcyclist was declared dead at the scene. According to the Passaic County prosecutor’s office, initial investigations don’t seem to suggest any signs of negligence. Blood alcohol tests have been conducted, and so far, there is no reason to believe that alcohol or drugs were involved.

In the second accident, a motorcyclist was seriously injured in an accident in Warren County. The motorcyclist was going down a steep grade and trying to make a left curve, but crashed into a guardrail. He was ejected from the motorcycle, and suffered serious injuries. 

In New Jersey, there were a total of 82 motorcycle accident-related fatalities in 2008. That was down three fatalities from 2007 when it was 85. While ours is one of the few states that have actually seen a decline in motorcycle accident fatalities, those numbers are still too high for comfort.

The NHTSA reported a few years ago about a slow, but steady increase in motorcycle registrations nationwide. That means that there are more motorcycles now competing for space with vehicle on our roads.  While automobile accidents are constantly the focus of enforcements, motorcyclists seem to have lesser attention focused on their safety.

Scott Grossman is a Passaic County motorcycle accident lawyer representing victims of automobile and motorcycle accidents in Passaic, Haledon, Totowa, Clifton, Little Falls, North Haledon, Paterson and other cities of Passaic County.

The East Veteran's highway was the scene of a motorcycle accident caused when a dump truck driver failed to yield for a motorcyclist. The rider, Ronald Pern Sr. hit the truck, and sustained serious injuries. He died a while later.  Pern apparently had the right of way at the time of the crash.

What's happening in Jackson Township is something that New Jersey personal injury lawyers see happening all too often in the state. The city blames the county, the county blames state agencies, and everyone else, while motorists feel encouraged to flout traffic rules without fear from traffic enforcement agencies that are chronically understaffed. In all this, it's innocent people like Ronald Pern Sr. who suffer the consequences.

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. 

None of the supposedly "adequate" warning signs that were posted before the bend can take away from the fact that there was a sign that gave incorrect directions about what a motorcyclist could expect while riding on ahead. County authorities are required to maintain safe roads for motorcyclists and motorists, and this includes making sure that all signage is appropriate and perfectly understandable. There seems to be enough County liability here to go around and then some, and I am glad that Fitzgerald will now have a shot at justice. The County doesn't need protection – it's innocent motorists on the road who deserve to be safe, and to receive compensation if the lack of proper signage causes their injuries.  It would have made more sense for the County to have acted about the improper signage before an accident, instead of having to face New Jersey motorcycle accident lawyers after a crash.

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.

If the authorities had made an effort to fix problems with the street lighting, and wake up to the possibility that a sharp curve on a poorly-lit street was fraught with dangerous possibilities, it's highly likely that LaSelva would have been alive today.  As for his family, it's easy to understand their anguish. As his mother says, she thought he was safe when he finally returned from Iraq after serving 15 long months in one of the most dangerous places on earth. She probably never considered the fact that the streets in her town could be as treacherous as a war zone.

Unfortunately, all too often authorities scrimp on essential road maintenance until there is a tragic incident that calls for action. Why does a young man have to die for the municipality to wake up to the enormity of the problem? It seems like it's only when a New Jersey motorcycle accident lawyer gets involved, that the people in charge are forced to sit up and take notice of the issue.

 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.

 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.  

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.

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.

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.

Furthermore, motorcyclists need to become more aware of highway dangers and avoid making poor decisions. An example of a poor decision would be when there is heavy traffic on the roads so a motorcyclist decides they don’t want to wait in traffic so they drive in between lanes. Let’s say one of the cars decided to make a turn, that would put the motorcyclist in danger and at high speeds could result in a serious injury or even death. Motorcyclists do many things to cause their own danger. Other examples are speeding, making sharp turns, and driving too close to cars. Let’s make a better effort to become more aware of dangers and to make better choices.

While motorists make many mistakes on the road nothing is more deadly then a motorcyclist making a mistake. When driving a motorcycle you need to take extra precautions like driving the speed limit and always being aware of your surroundings.

Motorcycle fatalities have gone down statistically but what can we do to further reduce these incidents of serious motorcycle accidents in New Jersey? One idea is to further educate the public. May is now being recognized as the New Jersey Motorcycle Awareness Month in an effort to remind all motorcyclists and motorists to be responsible when sharing the road. Hopefully education will provide awareness of dangers on the road and what precautions drivers can take. Together we can lower the fatality numbers and make the road a safer place.

THAT'S RIGHT if you are injured while on a motorcycle or in a cab ride or on a bus or in a commercial vehicle, your medical bills will not be paid by available insurance.  Thus, it becomes even more important to make sure that you retain a personal injury attorney who is proficient in New Jersey motorcycle accident law, truck accident law or taxi related motor vehicle injury law.  This is because your attorney will seek compensation for your pain and suffering and for your outstanding medical bills from the at fault driver.  This area of law has become very complex and requires counsel that has extensive experience in representing persons injured in truck accidents, motorcycle accidents, taxi cab accidents and bus accidents.  This is particularly true in the case of victims of serious injuries because their mounting current and future medical debts with traumatic brain injury (TBI) or spinal cord injuries (SCI) could leave a family into life altering financial ruins. 

My clients are often times totally shocked when I explain to them the realty of the PIP laws in New Jersey.  They often ask how is this possible that I was riding in a taxi and the driver was in a major accident and his insurance company is not responsible for payment of my injury related medical bills? I tell them to thank the powerful insurance lobby who has done an amazing job blaming the "trial lawyers" like myself  for your exorbitant insurance rates while netting BILLIONS in record profits and shielding themselves by succeeding in having the New Jersey legislature pass laws exempting them from payment to their insured's or insured's immediate family member's medical providers where medical claims have become exempt from coverage.  

Representing clients throughout New Jersey including but not limited to Manalapan, Marlboro, Holmdel, Freehold, Millstone, Colts Neck, Howell, Old Bridge, Jackson, Red Bank, Hackensack, Saddle Brook, Paramus, Ridgewood, Teaneck, Demarest, Dumont, Pompton Plains, Glen Rock & Fairlawn the Law Offices of Scott D. Grossman, LLC brings extensive experience, individual attention and compassion for all of our clients.  Please visit our website for further information.       

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.