Posted On: January 29, 2011

Decades Old Battle Nears End: Winter Sports Helmet Requirement Closer to Becoming Law

For more than two decades, efforts have been made to require the use of safety helmets by young downhill skiers and snowboarders. This month those efforts have come closer to making that requirement a law. (1)

The State Assembly Tourism and Acts Committee recently approved a bill requiring all skiers and snowboarders under 18 to wear safety helmets while on New Jersey slopes. The bill had passed the State Senate last August and is now pending approval by the full Assembly. (2)

The bill is intended to decrease the number of head injuries suffered as a result of accidents on New Jersey ski slopes. Recently Morristown Memorial Hospital conducted a study which showed that while wearing a helmet may not significantly decrease injuries suffered in high-speed incidents, it could prevent 30% to 50% of injuries suffered in moderate-speed falls. (2)

In the past, other versions of this bill failed to pass, in part, because the onus for enforcing helmet use was put on the ski resorts. As a result, the bills were met with opposition. The current bill, however, places responsibility on parents and guardians. Under this bill, parents or guardians could be fined for failing to require their children to wear safety helmets. Those fines would start at $25 for first offense, increasing up to $100 for subsequent offenses. (1)

Supporters of the bill are optimistic that it will receive full Assembly approval this time around. There has been an increase recently in voluntary helmet use. According to surveys conducted by the National Ski Area Association, voluntary helmet use is up to 76.9% for children 8 and younger and 66% for children 13 and younger. Reports attribute some of this to examples set by Olympic and extreme athletes. (3)

More attention has been given lately to efforts to reduce head injuries in New Jersey's young athletes: helmet laws while bicycling, skateboarding and in-line skating already exist in this State and last month Gov. Christie signed a law requiring coaches to remove any athlete showing signs of concussion from a game and not let that player return until cleared by a physician. (4) While such laws are aimed at keeping our children safe as they enjoy sporting and athletic activities, it is hoped that adults will adopt these safety practices as well.

(1) http://www.nj.com/opinion/times/editorials/index.ssf?/base/news-1/1296197110310560.xml&coll=5

(2) http://www.mycentraljersey.com/article/20110120/STATE/110120054/NJ-Assembly-committee-passes-winter-sports-helmet-bill

(3) http://www.nj.com/news/index.ssf/2010/01/morris_county_doctor_pushes_fo.html

(4) http://abclocal.go.com/wabc/story?section=news/local/new_jersey&id=7829067

Bookmark and Share

Posted On: January 14, 2011

Father of Victim Sues Estate of Former Police Officer in Fatal Car Crash

A lawsuit seeking to recover damages in the “wrongful death” of a young Newton woman has been filed by the woman’s father against the estate of Brian Kern, driver of the car involved in the fatal collision. (1)

Richard Bubendorf, acting as administrator of his daughter’s estate, filed the lawsuit in State Superior Court in Morristown claiming that Kern was legally intoxicated at the time of the accident and that his reckless driving resulted in the fatal crash. The 25-year-old Kern, an officer on the Andover police force for three years, was off-duty at the time of the accident. (2)

Bubendorf’s 19-year-old daughter, Kristen, was a passenger in Officer Kern’s pickup truck last April 19 when Kern lost control of the vehicle, hit a guardrail and flipped on the westbound lane of Route 80 in Mount Olive. Both Kern and Bubendorf were ejected from the vehicle and died as a result of injuries suffered in the crash; two other passengers suffered injuries but survived the accident. (2)

Toxicology tests and autopsy results on Kern indicated that he had a blood-alcohol level of .107 at the time of the accident. The legal blood-alcohol level in New Jersey is .08. (1)
The lawsuit seeks monetary damages for Miss Bubendorf’s death, plus compensation for the pecuniary value of her life for her family.

New Jersey law allows for recovery of grief damages by a person’s surviving spouse, child or parent. Those damages may include loss of financial support, recovery of medical and funeral expenses, as well as the pecuniary value of loss of guidance, advice and/or companionship. The statute of limitations for filing a wrongful death lawsuit in New Jersey is two years from the date of death. (3)

(1) http://www.mycentraljersey.com/article/20110110/STATE/110110026/Suit-filed-against-deceased-police-officer-in-fatal-Mount-Olive-crash

(2) http://www.nj.com/news/index.ssf/2011/01/lawsuit_filed_against_deceased.html

(3) http://www.njbia.org/pdf/edit1wrongfuldeath.pdf

Bookmark and Share