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

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.

Each accident record gives you about 144 details gathered at the accident scene, including the driver’s age and gender, number of fatalities and number of occupants in the vehicle.  It allows users to filter information and narrow down their search for, say, accidents involving teenagers at a particular area or those involving drunk driving accidents at a particular intersection, and so on. Considering that each record has up to 144 pieces of information about the crash, there are any numbers of ways that you can filter and access your information.

Plan4Safety was developed with funds from the Department of Transportation and the Federal Highway Safety Administration.  It includes data from every auto accident reported in the state. Currently, there are more than 400 users in New Jersey who depend on the program to identify accident prone intersections and areas, track dangerous driving sections of the population like teen drivers. The users include

• The Northern Jersey Transportation Planning Authority, which uses the program to identify dangerous areas in line for road safety funding programs
• The Brain Injury Association of New Jersey, which includes a Plan4Safety interactive map on its website.njteendriver.com. The map throws up teen crash data between 2005 and 2007.
• The Center for Alcohol and Drug Resources in Hackensack is using Plan4Safety to identify spots in Bergen County with the highest of rates of incidents of drunk driving by young motorists.
• New Jersey police is also using Plan4Safety to locate high accident areas. As a Bergen County auto accident lawyer, I was pleased to learn that police in Bergen County have used the software to access incredibly precise data to use in their crackdown activities.

• Email This
• Print
• Comments
• Trackbacks

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. 

The decision to file charges against Higbee had generated strong protests from the police union who have held that the accident was just that - an accident. According to David Jones, head of the main state police union, if Higbee had been found guilty, it would have negatively impacted  law enforcement officers who had unintentional "bad outcomes” in the performance of their duties.

The verdict brought to an end an agonizing trial in which the deaths of the two girls were played out again and again. The girls' mother, Maria Caiafa has voiced her anguish at the decision. Caiafa - who had earlier this year settled for $2 million with the state - believes that the verdict sends law enforcement officers the wrong message – that it’s OK for innocent motorists and bystanders to pay when officers make a mistake.

• Email This
• Print
• Comments (1)
• Trackbacks

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.

Young and underage drivers are particularly at risk for drowsy driving because of their hectic, social lives. There are several other factors that can contribute to these accidents.

• People who work long hours or who work in shifts may suffer from sleep deprivation.
• Commercial drivers who spend long hours driving may not be able to sleep for the minimum required number of hours
• People who suffer from chronic insomnia may miss out on essential sleep
• People who suffer from sleep disorders like sleep apnea or narcolepsy are more likely to be fatigued and doze off at the wheel. Sleep apnea is a condition in which a person suffers from frequent periods of wakefulness during sleep at night, resulting in fatigue and drowsiness the next day. Narcolepsy is a neurological disorder in which individuals experience sudden and consistent urges to sleep.

To prevent drowsy driving

• Make sure you get a good night's sleep.
• If you feel drowsy while driving, schedule rest breaks on a long journey.
• Drive with a passenger.
• Consult a doctor for treatment of a sleep disorder, if any.

Studies indicate that driving while fatigued has the same effect on a motorist that alcohol does. Yet, we treat drunk driving with the stringency it deserves, while drowsy driving continues to be underestimated as a cause of serious accidents. Nationwide, 100,000 crashes are linked to drowsy driving every year, according to NHTSA estimates. However, the National Sleep Foundation says those estimates are very conservative. In spite of this, New Jersey is the only state that has a law against drowsy driving. However, for the law to apply, a person would have had to go 24 hours without sleep. As Bergen County personal injury lawyers, we believe it's about time we woke up to the dangers of drowsy driving.

• Email This
• Print
• Comments
• Trackbacks

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.

The law is named after Morris County teenager Kyleigh D’Alessio, who died in a car accident involving a teenage driver. The decal itself will be a small rectangle affixed to both front and back license plates, enabling police to identify these drivers easily. According to the New Jersey Division of Highway Safety, cops will identify teen drivers violating curfews, or passenger restrictions with the help of the decals.

Not surprisingly, teen drivers have not been too happy about a law they say is equivalent to profiling on the basis of age. One attorney in Rockaway has already filed a lawsuit to overturn the law on behalf of his teenage son and nephew. According to lawyer Gregg D Trautmann who’s suing the governor and state of New Jersey, the law would give police a free pass to pull over and harass young drivers needlessly. Besides, criminals including sex offenders, would be able to identify young drivers through the decals on their cars.

However, New Jersey’s car accident lawyers and law enforcement agencies have wholeheartedly supported the bill. It’s a fact that accidents are the number one cause of teen deaths. According to the Teen Driver Study Commission, there were 55,792 teen-related accidents in New Jersey in 2006. These left 48 teen drivers and 19 teen passengers dead. The Teen Driver Study Commission had made a set of recommendations to Governor Corzine, including the development of an identifier that could mark a vehicle driven by a new driver with a permit or probationary license, and make the vehicle easily identifiable.

We need to be making more efforts to instill safe driving practices among our teen drivers, and if an identifying system helps us monitor and correct teen driving behavior than this Monmouth County personal injury lawyer is all for it.

• Email This
• Print
• Comments
• Trackbacks

Image Courtesy: Flickr - streetsmarts

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. 

Since the law was passed, more than 108,000 errant motorists have been pulled over and ticketed for talking or texting on their phones. To reinforce these efforts, a special two week crackdown on drivers operating handheld cell phones resulted in hundreds of summons being issued to motorists who were in violation of the law. Disturbingly enough, after the two week crackdown ended, a survey showed that the number of motorists using cell phones after the crackdown was almost the same as those before the special enforcement. Even more disturbingly, 90% of New Jersey drivers are aware that there is a law prohibiting them from operating a handheld phone, and that they can be pulled over and fined for doing so. Also, 80% of the people seem to support it. 

So, what does that mean?  That people are aware of the law, but many of them support it only in theory? There could be other reasons why the law, even though it has resulted in dramatic spikes in the numbers of people ticketed for cell phone use, has still not led to people curbing that itch to reach for the phone when it rings. Law enforcement has had a problem putting enough officers on duty to enforce the law. So, the numbers of motorists who have been able to get away with cell phone use has been higher than Governor Corzine would have liked when he signed the law.

Personal Injury Lawyers Support the Ban

Cell phone use behind the wheel has grown into enough of a driving risk for states across the country to move quickly to enact laws regulating the use of these devices. No state in the country has a complete ban on the use of all cell phones while driving, but many including California and New Jersey have laws banning the use of handheld phones, which includes texting. In New Jersey, the law itself has been controversial with safety experts divided over how effective a ban on handheld devices is. Many MonmouthCounty personal injury lawyers however believe that the ban on handheld devices is a promising first step, and while it may not show the kinds of results we want immediately, it could lead to a more comprehensive ban down the road.

• Email This
• Print
• Comments
• Trackbacks

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.  

MonmouthCounty Accident Attorneys

MonmouthCounty accident lawyers have come across such behavior from motorists. While some get off to inspect a blown out tire or other car problem, others may be under the influence of alcohol when they get hit by a vehicle on the busy highway. In almost all cases, the collision between a pedestrian on the highway and a vehicle is either fatal, or leaves the pedestrian with very serious injuries.

Motorists may either not be aware of how dangerous getting out of your vehicle on a busy highway is, or may be under the influence of alcohol, and simply don’t' care. In some cases, the accident is the result of pure bad luck, while in others, drivers don’t realize the consequences of their actions until it’s too late. Like Barry Gilman, an East Brunswick resident who pulled his car over on the turnpike. The car it appears, was accidentally put in reverse, and drifted off onto the highway. In a panic, Gilman tried to follow his car to stop it. He never made it. He was hit by a tractor trailer, and died.

• Email This
• Print
• Comments
• Trackbacks

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.

Soon after the accident, in which he crashed his car that was carrying two other passengers besides Tyla Colilla, into a support wall, the driver Jesse A. Saquipulla was found to have a blood alcohol level of .12.  The other two passengers, like Saquipulla suffered minor injuries. 

Painful as the Colilla's tragedy is, it's far from unique. While drunk driving accident rates in the rest of the population, have shown a decline in recent years because of better education and greater enforcement, those involving teen drivers have been showing an alarmingly opposing trend. Adding to the problem of teen underage drinking is a host of other factors that seem to compound the problem. For instance, teens are less likely to wear seatbelts than adult drivers, and are also more likely to indulge in other driving behaviors that may mitigate the problem, like listening to loud music, talking with friends in the car, snacking, talking on the cell phone etc. it doesn't help that members of this age group are more likely to indulge in reckless driving, like speeding and tailgating. When you add alcohol use to what is already a combination of risky driving factors, it's easy to understand why there has been such an increase in the number of accidents involving teens.

All is not without hope, however. Studies show that teens whose parents encourage discussions about the dangers of drunk driving at home are less likely to drive under the influence. Also, teens who have been exposed to strong and effective drunk driving awareness campaigns, both in school and outside have a lesser risk of driving drunk. Underage drinking not only destroys the lives and future of these young people, but costs society heavily in lives lost and expensive and long term medical treatment for the severely injured who survive these accidents.

• Email This
• Print
• Comments
• Trackbacks

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. 

Debate over the red light camera systems, which are currently in place across 300 communities in the country, has raged. Critics have argued that this is just another way for cities to line their pockets with revenues generated from ticketing. There have also been concerns that frequent offenders will simply find a way to cheat the system. Motorists who also intend to run the red light and spot the camera at the last minute may brake suddenly, raising the risk of an accident.

While some of these concerns may be valid, they are minor when compared to the potential benefits of these red light cameras. As far as the system eating into municipality funds goes, much of the cost will be borne through tickets issued to violators. In New York City, which has the oldest red light camera program in the country, there has been a 75% decline in the number of accidents at these intersections. In my Monmouth county, Bergen county, Passaic county , Middlesex County personal injury law firm practice I often represent victims who met with an accident just moments after another motorist ran a red light. There have to be measures implemented to prevent these violations, and the red light camera system, while it may have its imperfections, is definitely a step in the right direction. When violators break traffic rules, they risk the lives of other motorists, and that should be unacceptable to New Jersey car accident lawyers.

• Email This
• Print
• Comments
• Trackbacks