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

Motorcycle helmets save lives. That's a simple, indisputable fact. Wearing a motorcycle helmet can reduce a riders’ chance of suffering a brain injury, which can be severely injurious, or even fatal. However, it's equally important that motorcyclists wear a strong helmet that can actually prevent a head injury during impact.

This week, the National Highway Traffic Safety Administration ordered a Florida-based motorcycle helmet manufacturer to stop production of helmets immediately. That order came because the company failed to conduct at least three safety recalls properly. The first recall was initiated in 2005, after it was found that the company had failed to meet federal safety regulations. The company was supposed to modify the helmets, and even attempted to do so, but even the modified helmets did not meet standards. Finally, the NHTSA took the dramatic step of ordering the company, Florida-based Advanced Carbon Composites, to stop immediate production and sales of helmets.

Obviously, a defective helmet with no puncture resistance - which was the main problem with the helmets manufactured by Advanced Carbon Composites - offers little protection to a motorcyclist. Fortunately, the detective helmets will be off the market now. It's doubtful that every motorcyclist is going to monitor recalls related to safety gear, and the risk of motorcyclists wearing these helmets and getting injured, was quite high.

As a New Jersey motorcycle accident attorney, I would advise every motorcyclist to never break the helmet rule. The helmet is just about the only piece of protection you have, and can protect you from catastrophic injuries that can severely impact your life. Studies conducted by the National Highway Traffic Safety Administration have determined that wearing a helmet can dramatically reduce the chances of suffering a serious brain injury or dying, in a crash.

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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

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As a New Jersey motorcycle accident lawyer, I have been concerned about the fact that there have been no comprehensive studies done into motorcycle accident causation since the Hurt Report was published in the 80s. Other minor studies have used traditional research technologies, and these have provided very little insight into why motorcycle accident fatalities across New Jersey and the rest of the country, have been rising the way they have over the past few years.

A new study sponsored by the Motorcycle Safety Foundation and conducted by the Virginia Tech Transportation Institute, could provide new insight into motorcycle accident causes.

The study is a departure from traditional research. It is based on naturalistic methods, and involves the placing of small video cameras and data acquisition sensors on a number of motorcycles. These cameras and sensors will record a number of variables, including the motorcyclist’s driving behaviors, motoring environment, vehicle condition, and roadways. These factors will be considered at the time of analyzing a motorcycle crash.

According to the Motorcycle Safety Foundation, this is the first naturalistic study of its kind conducted into motorcycle crash causes. The Virginia Tech Transportation Institute has had great success using these methods to study the causes of other types of accidents. As a Monmouth County motorcycle accident lawyer, I believe we need more studies to find out why crash fatality rates are increasing. There's no hope of preventing this increase in motorcycle crash deaths, if we don't understand what's causing the spike.

Scott Grossman is a Monmouth County motorcycle accident lawyer, representing injured victims of motorcycle accidents in Freehold, Howell, and Marlboro and around Monmouth County and the state of New Jersey.

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As a New Jersey motorcycle accident lawyer, it has been a  matter of great concern to me that we simply don't seem to be making progress on reducing these fatality rates. Even as we celebrate a sharp decline in fatality rates in other types of accidents, there has been no progress made towards controlling annual motorcycle crash fatality rates. These continue to climb with no end in sight.

A recently released report by the Insurance Institute for Highway Safety throws some light on how we can reduce those rates. According to the study, motorcycle riders whose vehicles came equipped with antilock braking systems, were much less likely to be involved in an accident. That's because these systems prevent the motorcycle wheels from getting locked when the rider brakes suddenly. The antilock brake systems therefore prevent the motorcycle from somersaulting after the brakes are applied.

Another separate study by the Highway Loss Data Institute also showed similar findings. That study looked at motorcycle accident insurance claims, and found that motorcyclists riding bikes with antilock brakes were less likely to file insurance claims after a crash, than motorcyclists whose bikes did not come with these features.

The other findings from the study showed that motorcyclists in states that had mandatory helmet laws in place were less likely to file an insurance claim, compared to motorcyclists who live in states that do not have such strong motorcycle safety laws. That's not news to New Jersey motorcycle accident lawyers, but we could definitely be enforcing helmet laws much stronger.

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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.

The Kuberts have now begun a campaign to strengthen penalties for drivers who use hand held cell phones while driving.  They say they are extremely distressed about the light punishments handed out to motorists, who think nothing of carrying out text conversations while driving.

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.

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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.

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A fatal motorcycle accident earlier this month in Jackson Township is putting the spotlight on a dangerous road that has been responsible for serious accidents earlier.

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.

A similar accident in December involved a vehicle that failed to yield, and five people sustained serious injuries in that accident. According to JacksonNJONline.com, the East Veteran's highway winds several miles with no traffic lights. Residents in the area have complained about the dangerous highway, and even petitioned authorities for enhancements to be made to the highway. They have lobbied for school bus stops along the road. But these appeals have been rejected by the school board. This is in spite of the several fatal accidents that occur on the stretch every year. The County engineering department has blamed the accident on poor enforcement by the Jackson Township Police Department, and reckless motorists who run stop lights in a hurry to get home.

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.

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  Image Courtsey - Flickr - TheTruthAbout...

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. 

Fitzgerald appealed that decision, and earlier in December, a state appellate court division ruled that a jury would decide on the liability of Sussex County for the accident. The court ruled that the 90 degree arrow actually raised the potential for a crash because it was misleading to a motorcyclist who would not realize the trouble he was in until he had actually tuned the corner, and it was too late to increase his turning radius.

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.

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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.

The Township has refused to admit responsibility for the accident, saying it could not be held responsible for LaSelva's death. This despite the fact that several complaints had been made by residents in the neighborhood to the authorities, regarding the malfunctioning street lights on that stretch of road. The Township had also received complaints about the sharp curve, and the lack of warning signs at the site. 

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.

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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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