Earlier this month, an Illinois woman sued MTV alleging she had been assaulted by two of the show’s cast members during taping of the show in Miami this past May. MTV, Viacom, Inc., the show’s producer, and Nicole Polizzi (aka “Snooki”) and Jenni Farley (aka “JWowww”), two cast members, were named in the suit which alleges:
]]> “. . . Multiple individuals have been injured by employees of corporate defendants for this television show during instances in which cast members have gotten into physical altercations with innocent bystanders during the show’s taping. . . Employees are employed and/or instructed to cause injury to others so that the show’s content can be developed to generate profits when airing the show.” (1)This is not the first allegation of violence against cast members of this reality show. Just a few weeks before, another cast member allegedly struck a woman in a different Miami nightclub. She left Florida before any charges could be pursued, however. (2)
At least four other people have lawsuits pending in New Jersey Superior Court against the network and the producers of this hit show. All four lawsuits concern fights and violent episodes which were later aired. In one case, a husband and wife were involved in a fight with cast members. After the episode aired on TV, the husband was suspended from his job with the Monmouth Beach police force and fired one month later.
The most recent lawsuit claims the victim was assaulted after she talked to male cast members from the show. She is asking $75,000 for emotional and physical distress and is seeking to keep the episode from airing, (3) claiming that if it does air she “will be thrust into the public spotlight without her consent.” (1)
Perhaps reality has gone too far when a show subjects innocent bystanders to physical violence for the sake of ratings.
(1) http://www.app.com/article/20100702/NEWS/7030309
(2) http://www.celeblegalissues.com/celebrity-arrests/assault/
(3) http://www.nj.com/entertainment/celebrities/index.ssf/2010/07/jersey_shore_snooki_jwoww_slap.html
A July 22, 2010, article on myCentralJersey.com reported an Akita that had attacked a young child in Warren Township had been euthanized three months after the attack following a Judge’s order. The dog had bitten once previously and, as a result, a hearing was required under the Township’s ordinance. (1)
]]> A day earlier, nj.com reported that an Alloway Township court ruled a dog that had bitten off the ear of a young child was “potentially dangerous.” (2) Earlier this month, a Fair Lawn police detective shot and injured a dog that had bit him on the arm after the detective had apparently startled the pup. (3)According to the Center for Disease Control and Prevention, an estimated 4 million people are bitten by dogs each year. Most of these victims are children. New Jersey has a “vicious dog law” that was adopted in 1989 and amended in 1994. Under this law, municipal courts are responsible for determining if a dog is vicious or potentially dangerous. A label of “vicious” carries stronger consequences, including euthanization. Dogs labeled “potentially dangerous,” may be kept by their owners, provided the owners comply with certain restrictions. (4)
In the case of the Alloway Township incident mentioned above, the dog owner had to buy a special dog license and a red identification tag, and have the dog tattooed with a registration number. A muzzle and lead or tether has to be worn by the dog whenever it was in a public place. A sign warning that a potentially dangerous dog was on the property needed to be posted on the owner’s land, and a fenced on enclosure had to be provided for the dog. Finally, the owner was required to purchase liability insurance on the dog.
While the dog owner is liable for damages suffered by the dog bite victim, the burden of proof is on the victim. The victim must prove that the defendant owned the dog; that the injury was a result of a dog bite and that the victim was in a public place or on private property legally. Exceptions to this may occur if the victim is trespassing with criminal intent or if one or more people involved are considered negligent.
(2) http://www.nj.com/salem/index.ssf/2010/07/judge_rules_dog_that_bit_off_g.html
(3) http://www.nj.com/news/index.ssf/2010/07/fair_lawn_detective_shoots_twi.html
]]>In East Brunswick on July 11, a motorcyclist with a passenger collided with a BMW, reports nj.com. (2) The passenger was injured and the motorcyclist was killed. Similarly, the Lancaster Mayor Rick Gray was recently involved in a motorcycle accident when he was riding his motorcycle and was struck by a box truck. Gray had no life-threatening injuries and was wearing protective gear when he was struck. (3)
Sadly, motorcycle accidents are becoming more frequent in New Jersey and proper safety procedures may help in the event of an accident.
]]> Helmets are required by law in New Jersey. Studies show that riders who are not wearing a helmet are three times more likely to die in an accident than those wearing a helmet. Besides a helmet, eye protection, abrasion-resistant jackets, pants, and gloves, and over-the-ankle boots provide an extra layer of defense should the rider be involved in an accident.While protective gear will help in the event of an accident, it is also important to be careful while on the road. More than two thirds of motorcycle accidents occur because of excessive speed, more than half occur at intersections, and many accidents occur because a vehicle’s driver does not see the motorcyclist.
Here are some important safety tips to follow if you are planning on riding a motorcycle:
- More than two thirds of accidents occur because vehicle drivers do not see the motorcyclist. Assume the motorists do not see you and drive defensively. Plan an escape route.
- In order to make sure motorists see you make yourself visible by wearing bright colors and reflective clothing. Try to avoid staying in blind spots.
- Leave space between you and the motorists. Follow the two second or four second rule (suggestions to help maintain safe following distance by allowing a two second or four second gap between you and the car you are following) to allow yourself time and space to react.
- Since motorcycles only have two wheels, they have less traction than other vehicle. Drive slowly when driving when the road is wet or when turning. Avoid sudden braking.
- Do not drive a motorcycle if you are tired, have had alcohol, or are taking any medication.
While motorcyclists can be prepared, it is also important that the motorists are prepared. Motorists should be alert for motorcycles. They should anticipate any potential hazards for the motorcycles, such as manhole covers or wet roads. Most importantly share the road.
New Jersey also offers many motorcycle safety courses for motorcyclists. The link is as follows: http://www.state.nj.us/mvc/Licenses/motorcycle_safety.htm (Please note that this link is provided for information only and is not an endorsement of services.) There are also many sites that offer more comprehensive safety tips for motorcyclists. One website is: http://www.msgroup.org/. In order to avoid a motorcycle accident, be sure you are following the appropriate safety measures.
(1) http://www.state.nj.us/lps/hts/motorcycle/index.html
(2) http://www.nj.com/news/index.ssf/2010/07/matawan_man_is_killed_in_motor.html
(3) http://articles.lancasteronline.com/local/4/263113
(4) http://www.msgroup.org/
An article on nj.com reported on Thursday, July 1, a canoe carrying four teenagers and traveling downstream in the Delaware River toward the Milford Bridge overturned in the river rapids and began filling with water. All four teens were rescued and brought to shore.
“Very fortunately, they were all wearing their life vests,” Holland Township police Chief David VanGilson commented. (1)
]]> Not every accident has such a happy outcome, however. A collision of two pleasure boats near the Statue of Liberty on July 2 left one New Jersey man dead and another facing charges. A second incident that same night occurred when a boat collided with a kayak in Gunner’s Ditch in Brick Township, according to an article in The Star Ledger. In that crash, the operator of the kayak was knocked into the water, but pulled to safety. (2)Other recent boating mishaps include:
April 4 -- a 26-year-old man drowned in the Delaware and Raritan Canal after the canoe he was riding in overturned. Two other men in that canoe were rescued. Police said in that incident none of the men were wearing life jackets as required by the canoe rental company. (3)
March 26 – A memorial service was held for Chris Baldwin, a man who remained missing after a canoeing accident on March 20. Police were unable to recover Mr. Baldwin’s body after the canoe, which he and his son, Seth, were piloting through the fast-moving currents of the Lambertville Wing Dam overturned. (4)
Now is the time of year that most of us take to the outdoors and begin to utilize our natural resources for our recreational enjoyment. Kids are at camps; weekends are full of activities. Before venturing near the waters, review the safety rules and guidelines with loved ones.
A link to the New Jersey State Police Boating Safety Manual is: http://www.state.nj.us/njsp/info/pdf/marine/021606-boating-safety-manual.pdf
Local boating class information may be available from http:/www.njboatsafely.com/16022.html (Please note that this link is provided for information only and is not an endorsement of services.)
(1) http://www.nj.com/hunterdon-county-democrat/index.ssf/2010/07/campers_escape_injury_after_ca.html
(2) http://www.nj.com/news/index.ssf/2010/07/two_boats_collide_near_statue.html
(3) http://www.northjersey.com/news/state/040510_New_Jersey_man_dies_in_Princeton_canoe_accident.html
(4) http://www.buckslocalnews.com/articles/2010/03/27/pennington_post/news/doc4baa5b5a5cc48550826664.txt
]]>“After GDL implementation, there were statistically significant reductions in the crash rates of 17-year-olds, based on all crashes (16%), injury-only crashes (14%) and fatal crashes (25%) relative to those of drivers ages 25-59. The fatal crash rate of 18-year-olds dropped by 4 percent. There was a statistically significant reduction in fatal crashes of 16-year-old drivers; however, this is unlikely to have been attributed to GDL.”
The following changes to GDL were effective May 1, 2010.
- NJ GDL drivers may not operate a motor vehicle after 11:01 p.m. and before 5:00 a.m.
- NJ GDL drivers may not use a hand-held or hands-free interactive, wireless communication device while driving.
- Unless over age 21, GDL drivers may only drive with the following passengers: (For GDL definitions, reference http://www.state.nj.us/mvc/Licenses/gdl_definitions.htm )
Special Permit Holders:
- Supervising driver who is over 21 and licensed to drive for at least three (3) years
- Parent(s), guardian(s), or dependent(s)
- One additional passenger
Examination Permit Holders
- Supervising driver who is over 21 and licensed to drive for at least three (3) years
- Parent(s), guardians(s) or dependent(s)
- One additional passenger unless accompanied by a parent or guardian
Probationary (formerly Provisional) License Holder
- Parent(s), guardian(s) or dependent(s)
- One additional passenger unless accompanied by a parent or guardian.
Additionally, the new law requires all GDL drivers under age 21 to display a reflectorized decal on each license plate (front/back) of any motor vehicle they operate. Violators of the new law are subject to a fine of $100 and possible license suspension.
The reflectorized decal is the portion of the new law that has drawn controversy. The intent of the decal is for police to easily identify young drivers on the road. But parents and teens are concerned the stickers also will easily identify young drivers to others, which may put these drivers at undue risks. These concerns have been expressed to representatives in Trenton and a number of bills calling for the repeal of the sticker portion of the law have been submitted for consideration.
As of June 21, 2010, moves to repeal the sticker portion of the law had been blocked, but many in the State believe this repeal is inevitable.
For more information on the GDL Program, please visit the State of New Jersey Motor Vehicle website at http://www.state.nj.us/mvc/Licenses/FirstTime.htm.
To read the “Evaluation of New Jersey’s Graduated Driver Licensing Program,” conducted by the AAA Foundation for Traffic Safety, click on this link: http://www.aaafoundation.org/pdf/NJGDLevalFinalReport.pdf
New Jersey's cell phone law, which went into effect on March 1, 2008, prohibits texting and talking on hand-held phones while driving. Motorists violating the law face a $100 fine plus court costs and fees. Despite the institution of the law, the number of total injured in accidents involving hand-held cell phones dropped only slightly from 565 in 2007 to 549 in 2008 while the number of total injured as a result of these crashes increased (765 in 2007 to 795 in 2008) with fatalities rising to 7 in 2008 up from 2 in 2007.
Pam Fischer, Director of the State's Division of Highway Traffic Safety was quoted as saying, "We're enforcing this law. Law enforcement is out there. They are writing tickets every day but there are a lot more people out there violating the law than there are police officers writing tickets."
While young people are still much more likely than their older counterparts to send a text message while driving (57% under the age of 30 say they’ve done so), older drivers are increasingly likely to join them: More than one in four (28%) drivers 30 to 44 years of age (up 8 points from 2008) say they have sent a text message while behind the wheel, along with about 1 in 8 (12%) of drivers aged 45 to 60. The only people not sending texts in traffic were those over 60; of whom only 1% sent a message while driving.
Dan Cassino, Director of Experimental Research for the PublicMind pool and a Professor of Political Science at FDU, stated, “As we embrace new technology, the number of people sending texts while driving continues to increase.” This is happening despite the fact that 86% support New Jersey’s primary cell phone and texting law, and 71% say it should be more strictly enforced. “People seem to have gotten the message about cell phones and driving, but for some reason don’t get it about texting,” Cassino continues.
Texting is just one element in a related group of bad driving behaviors on New Jersey's roadways. Per the 2009 poll, motorists who text are also more likely to use hand-held phones behind the wheel, regularly drive over the speed limit on highways, and make rude gestures at other motorists. “The results suggest that there is a group of drivers in the State – many of whom have long commutes – who drive faster than the rest of us, and do so while multi-tasking,” said Cassino. “But I have to imagine that text messaging while making rude gestures is a bad idea at any speed.”
Despite the overall increase in texting while driving, the number of drivers who use hand-held phones while driving has stabilized after a large decline from 2007. When the poll was conducted, four out of five (80%) drivers say they “rarely” or “never” use a hand-held phone behind the wheel, unchanged from 2008, and improved from 71% in 2007. Nonetheless, 18% of respondents hold cell phones while driving “very often” or “sometimes,” and these numbers do not include people who talk on hands-free phones while driving.
Sources:
http://publicmind.fdu.edu/drivehard/
NJ drivers still call - and crash - www.courierpostonline.com, March 5, 2010
http://www.state.nj.us/transportation/refdata/accident/