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

The second Distracted Driving Summit will be held in September this year in Washington DC. 

Last year’s first ever Distracted Driving Summit was followed by major advances in combating the effect of technological distractions behind the wheel. Since that Summit in October, the federal administration has banned texting while driving for commercial bus and truck drivers. There is also a national ban on the use of cell phones while driving for federal government employees. The first Distracted Driving Summit also resulted in a lot of media coverage about the problem of cell phone use and texting while driving, and several states have enacted some sort of legislation to tackle the problem.  Besides, there is now an organization dedicated to lobbying against cell phone use while driving. The group is called Focus Driven, and hopes to do for distracted driving what Mothers against Drunk Driving has done for impaired driving. 

The Department of Transportation is currently involved in funding a crackdown on distracted driving in the state of New York. The agency is investing more than $300,000 in these efforts. The campaign involves education, awareness, flyers and enforcement. If the campaign is found to be successful in reducing cell phone use while driving in Syracuse, it could be extended to other cities in New York State, and even the country.

Considering the great strides that have been made since the first summit, New Jersey personal injury lawyers, and highway safety groups will be hopeful that the second summit to will increase momentum on this issue. As a New Jersey car accident lawyer, I would like to see more and tougher enforcement of our own handheld cell phone and texting bans.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A new report looks at whether colleges around the country have been able to implement recommendations to minimize college drinking. The report found that many colleges have either failed to effectively implement the recommendations made by the National Institute for Alcohol Abuse and Alcoholism, or continue to be unaware of these.

The NIAAA made the recommendations back in 2002. The organization had recommended a four-tier program that went all the way from the most effective strategies contained in tier 1, to the least effective ones contained in tier 4. However, a study by the University of Minnesota School of Public Health found that about 98 % of the colleges were providing tier 4 programs, which included alcohol education and awareness programs. These are some of the least effective measures, but most of the colleges are focusing their attention on these. 

Just about 50% of the colleges had some kind of intervention program in place. Intervention programs are part of the tier 1 measures, and are some of the most effective programs to minimize college drinking. Intervention can be both on or off campus, but only half of the colleges had any kind of such measures in place. When it came to other recommendations, like restricting access to alcohol on campus, just about 7% of the colleges had any such mechanism in place. Overall, the report found that even the colleges that were implementing the recommendations, had very little success with these.

What the study seems to suggest is that colleges have still not been able to effectively implement recommendations to prevent drinking among college goers. Whether this is because of a lack of resources or lack of will, it's hard to say. However as a concerned citizen and New Jersey accident lawyer who frequently comes across families of victims of drunk driving accidents, I seriously hope that colleges will step up and play their part in minimizing dangers of teen drunk driving.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Motorists in New Jersey who fail to respect pedestrian rights, could find themselves coming up against a plain clothes police officer. That's because a program that uses police officers to act as pedestrians in order to crack down on motorists who fail to yield, is now underway. This is not the first time that New Jersey has had a program like this. The results of earlier programs have been successful, and police officers will be looking to cite or ticket motorists who don't yield to pedestrians.

It's important that drivers in New Jersey know that if you see a pedestrian on the crosswalk, you must stop and wait for the pedestrian to finish crossing before you drive on. Failure to do so will likely result in a citation if you're in one of the 13 New Jersey towns that have received a grant to conduct the program. Across the state, 13 police departments have received $8,000 in grants to conduct the pedestrian decoy program. Violators of these rules will be fined $200, plus court fees. They will also have two points on their driving record.

Waiting for a pedestrian on the crosswalk to finish crossing before you drive on, is not a difficult concept to grasp. It's a fairly simple task, but it never fails to amaze me as a New Jersey accident lawyer, that so many motorists fail to respect these most basic pedestrian rights.

This isn't to say however that pedestrians have no responsibility at all while they are walking. Always cross at a marked crosswalk. If you're not in a crosswalk, know that you have to yield to a motorist. If you're jaywalking, you can expect to be fined.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The Insurance Institute for Highway Safety has published the results of a study that I found very interesting. The study was basically a review of more than 72 international studies, into the effect of alcohol prices on undesirable alcohol-related behaviors, including intoxicated driving. The review was conducted by the Task Force on Community Preventive Health, and was supported by the Centers For Disease Control And Prevention and other agencies.

The review revealed one clear fact - whenever there was an increase in taxes on alcohol, and consequently, an increase in the price of alcohol, there was a simultaneous drop in the number of undesirable alcohol-related behaviors. This includes driving under the influence of alcohol, binge drinking, underage drinking and all kinds of other alcohol excesses.

What's more, the review also found that this decrease in alcohol excesses remained constant across studies conducted in several different countries across the globe. The results also remained consistent across all kinds of alcohol beverages. The researchers are now looking into what impacts these undesirable behaviors more-increasing the prices of all alcoholic beverages simultaneously, or increasing the prices of alcohol beverages like wines or hard liquors, one at a time.

There's no confirmed explanation for why exactly these excesses drop when alcohol prices rise. However, the researchers are recommending an increase in alcohol taxes as one way to prevent such dangerous behaviors. As a New Jersey car accident lawyer, who frequently represents injured victims of drunk driving accidents around New Jersey, I'm special interested in deterrents to intoxicated driving. I would encourage further research in this area to determine the size of the impact higher alcohol prices have on intoxicated driving.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

As a New Jersey car accident lawyer, I have been very supportive of our state’s strong GDL program for teen drivers. As a result of these laws, the state has been able to bring down its teen accident-related injury and fatality rates substantially. A study by the Texas Transportation Institute underscores the need for continued restrictions on teen motorists’ driving privileges.

According to the study, there has been an increase of 10% in the number of fatal night time teen motorist accidents between 1999 and 2008. According to the Texas researchers, this increase is very likely due to the use of cell phones by teen motorists. In 2008, federal transportation authorities recorded a total of 4,322 teen driver-related fatal accidents. Of these, 50% occurred at night. In contrast in 1999, there were 6,368 fatal teen driver-related accidents, and out of these, 45% occurred at night.

Cell phone use is rampant among American teenagers. The practice of texting has taken over the average teen’s life. In fact, it is estimated that American teenagers on an average send or receive more than 2,000 messages every month. Teenagers also tend to have a much higher opinion of their driving skills and abilities to multitask than they deserve to. A teen motorist is much more likely to think that it's safe to text and drive because he is so proficient at using cell phones. This kind of overconfidence can be deadly, as we can see from the increase in fatal teen driver accidents over the past decade.

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

After 11 years of rising motorcycle accident fatality rates in New Jersey, there is some good news from the Governors’ Highway Safety Association. There is expected to be a substantial drop in motorcycle crash fatality rates for 2009 in New Jersey and nationwide.

The data only includes figures for the first nine months of 2009, but the agency says that the rates are low enough to expect that when final totals are tabulated, the overall motorcycle crash fatality rate for 2009 will be more than 10% lower. 2009, therefore, marks the first year in more than 11 that these rates have actually dropped.New Jersey has been very successful in controlling its motorcycle accident fatality rates. In 2009, there were 59 fatalities, compared to 72 in 2008. That was a drop of 13 fatalities since the previous year. 

The GHSA is putting out a number of theories for this decline. Unfortunately, it seems like the financial recession which has also impacted auto accident fatalities, has contributed to a drop in motorcycle fatality rates too. Fewer motorcycles were sold in 2009, and fewer people were inclined towards recreational riding. Besides, there were also fewer numbers of middle-aged motorcyclists in 2009, and this group is at a high risk for accidents and fatalities.

Besides, several states have responded positively to the increasing rate of motorcycle crash fatalities over the past few years. Many states have required mandatory motorcycle safety training programs before a person begins riding a motorcycle, and helmet laws have been strengthened. States have invested in enhanced safety programs which include raising awareness among motorists about motorcyclist safety. This has led to fewer collisions, and hence, fewer fatalities.

As a New Jersey motorcycle accident lawyer, I will be interested in seeing if these declining rates stay low, even after the recession ends

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The month of May will see two safety campaigns that are especially close to my heart. In May, New Jersey and the rest of the country will mark Motorcycle Safety Month. The other campaign that the National Highway Traffic Safety Administration is promoting for the month of May, is National Youth Traffic Safety Month.

This year's National Youth Traffic Safety Month is a joint effort in collaboration with the National Organization for Youth Safety. They are a number of events lined up for May, and the NOYS is inviting teen safety groups in New Jersey and around the country to partner with them in their efforts.

Teen motorist safety is an issue that I have a special interest in. As a parent and a New Jersey car accident attorney, I believe that the state should be investing more in teen motorist safety. Not that New Jersey has lagged behind in this area. We have had great success with stricter teen driver laws that have been responsible for a reduction in accident and fatality numbers. We also have a new law that will require young drivers to have an identifying decal pasted on their vehicle. It hasn't been a highly popular law, but I do understand the logic behind it, and support it. In fact, I have blogged about it in the past, and every time, there has been strong reaction from readers who either wholeheartedly support the law, or are strongly opposed to it.

Investing more efforts in teen driver safety is one of the best steps New Jersey officials can take to minimize accident fatality rates further in the years ahead. We have already had dramatic progress in minimizing the numbers of people being killed on New Jersey roadways, and we could do more if we focus harder on developing a generation of teenagers with the right driving skills.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

Under New Jersey dram shop laws, a drinking establishment like a restaurant, pub, club or bar may be named in a civil action, if the establishment serves a visibly drunk patron who then goes out and injures someone.  Defining whether a patron was visibly intoxicated when the establishment served him more alcohol, can be tricky. Staff members are very likely to insist that the person did not seem drunk at the time.

Unfortunately, even with these laws in place, accidents and injuries from violations of these laws, continue to occur. An establishment’s failure to serve customers and conduct business ethically can leave an innocent person injured or even dead.

Scott Grossman is a New Jersey personal injury lawyer representing injured victims of auto and truck accidents in Monmouth, Bergen, Passaic and Ocean Counties and across the state of New Jersey.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

Many times, dangerous conditions for a driver are created not so much by the negligence of other motorists, as by the poor design of the highway. Highway design and construction is a complex process that must include safety of all users of the road. There could be any number of ways a highway design defect could increase the risk of accidents.

• Sharp curves
• Absence of guardrails
• Improperly installed guardrails
• Obstruction of motorist view
• Road surfaces that contribute to skidding, lack of adequate lighting, lack of warning signs.

Any one of these defects can lead to accidents.  In such cases, victims may be able to hold construction companies, contractors, agencies responsible for the highway or other local agencies, utility companies, and maintenance companies responsible for these injuries.

Scott Grossman is a New Jersey wrongful death  lawyer representing injured victims of auto accidents in Monmouth, Bergen, Passaic and Ocean Counties, and across the state of New Jersey.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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. 

Over the next 16 hours, the Freehold Township police department launched a massive manhunt for Grillon, who surrendered later. In June, Grillon pleaded guilty to a second degree charge of leaving the scene of the fatal accident.

Grillon’s behavior has shattered a family, who were likely traumatized by his leaving his injured employee - and their loved one - in his car. 

Scott Grossman is a New Jersey car accident lawyer, representing victims of auto accidents in Monmouth, Bergen, Ocean and Passaic Counties, and across the state of New Jersey.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

Among other things, the task force will study practices in other states, relating to the kind of collaboration that exists between law enforcement, colleges and other groups to determine the best policies that are helping cub the problem of underage drinking. The legislature will then introduce these most effective policies to state colleges and universities, and put these into practice. There may be additional laws necessary to introduce new bills for the updating of college practices, so that they reflect more effective regulations.

Underage Drinking as a Leading Cause of Teen Car Accidents

Underage drinking continues to be a problem plaguing colleges and universities not just in New Jersey, but around the country. The problem has been brought in the spotlight even more acutely in recent months after a group of chancellors and presidents of colleges around the country launched the Amethyst Initiative. These chancellors and presidents were signatories to a petition calling for a debate on the minimum drinking age law. According to the Initiative, there is a need for informed debate on revising the minimum drinking age which is currently 21 years. The signatories insist that the debate is needed because the minimum age failed to cut down on underage drinking rates, and binge drinking continues to be a serious in colleges in US. More than a hundred presidents of colleges have signed to the petition, and it has fulfilled its purpose in that there has been strong debate on whether lowering the drinking age is really the way to combat the problem.

New Jersey Personal Injury Attorneys

New Jersey personal injury lawyers, a vast majority of college and university presidents, as well as parents had been strongly united in their conviction that lowering the age for drinking legally is not a solution to this complex problem. For instance, the signatories to the Amethyst Initiative have not specified owe they plan to tackle the problem of a lowered drinking age affecting high school students. The minimum age drinking law has been responsible for several lives saved in car accidents every year. Besides, there are other crimes associated with alcohol intake like assaults and rapes that have been kept under control precisely because only adults above the age of 21 can walk into a bar or a retailer and purchase alcoholic beverages. Lowering the age could open a Pandora's Box of new and even more complex problems that we may not be able to deal with.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link