New Jersey Injury Lawyers Blog

By now most people are aware that distracted driving – particularly talking or, perhaps worse, texting on cell phones – is to blame for an increasing number of motor vehicle accidents. Studies show texting drivers have a slower reaction time than even those with the legal alcohol limit in their systems and that distracted drivers are more likely to be involved in accidents than non-distracted drivers.(1) But what role does the person on the other side of the phone play? That’s the question one New Jersey couple is asking the courts to address.(2) If, after reading the following, you need a Hunterdon County lawyer to assist you with a similar motor vehicle violation, contact the personal injury attorneys at The Rotolo Law Firm in Lebanon, N.J.

On Sept. 21, 2009, David and Linda Kubert were riding their motorcycle when they were struck by a pick-up truck driven by then 18-year-old Kyle Best. Each of the Kuberts lost a leg as a result of the accident. Police later determined Best was looking at his cell phone at the time of the crash. He was cited for careless driving, failure to use a hands-free device, and making an unsafe lane change. He pled guilty and was ordered to pay fines of $775 and address 14 high schools on distracted driving dangers; he was allowed to keep his driver’s license without suspension however. (2)

Lawyers for the Kuberts now say the woman who sent the text message “aided and abetted” Best’s recklessness by texting when “she knew or should have known" he was driving. Attorneys for the woman countered that she had no control over when her message would be read and, therefore, has no liability. Unlike a passenger who may encourage a driver to violate or ignore traffic safety issues, the woman had no such control since she was not in the car at the time of the crash. (2)

State law now requires hands-free kits when talking on cell phones in cars; prohibits text messaging and video games while driving; bans school bus drivers from using cell phones while driving; and prohibits drivers younger than 21 holding permits or probationary licenses from all cell phone use, as well as the use of other wireless devices, including iPods, either hand-held or hands-free, while driving. (3)

New Jersey is currently seeking to toughen these laws. There are about six bills up for consideration this session. One of those bills is named after the Kuberts and Helen Kulesh, an 89-year-old woman who was killed after being hit by a driver talking on her cell phone.(4) The bill calls for increasing the fines from the current $100 to a graduated system starting at $200 and increasing to $600 for repeated offenses, plus a 90-day license suspension and three points after the third offense. In addition, the bill would make it possible for drivers to be charged with vehicular homicide or assault by vehicle if the accident resulted in any deaths.(3)

If you or someone you know needs assistance with a distracted driving violation, especially in Hunterdon County, contact the personal injury lawyers at The Rotolo Law Firm located in Lebanon, N.J., which is in close proximity to Clinton and Flemington.

(1) http://www.nj.com/news/local/index.ssf/2009/11/crash_victims_seek_crackdown_o.html
(2) http://www.nj.com/news/index.ssf/2012/05/nj_judge_to_decide_if_text_sen.html
(3) http://handsfreeinfo.com/new-jersey-cell-phone-laws-legislation
(4) http://www.nj.com/news/index.ssf/2011/03/nj_assembly_democrats_refused.html

Related articles

• Is failure to signal bigger danger than distracted driving? (timesunion.com)
• Police focus on distracted driving (thesudburystar.com)
• 230 ticketed for distracted driving in Albany County (troyrecord.com)

Although New Jersey didn’t see much snow and ice this winter, residents should not forget their responsibility to clean off their vehicles when the harsh weather returns. Just last week, a municipal court judge ruled against a driver who forgot to do just that. If, after reading the following, you need a Hunterdon County lawyer to assist you with a motor vehicle violation, contact the personal injury lawyers at The Rotolo Law Firm in Lebanon, N.J.

The case stems from a January 2011 incident in which Cheryl Desiderio-Huberdeau was injured when ice from the roof of a passing box truck flew off shattering her Jeep Wrangler windshield. (1) Desiderio-Huberdeau suffered cuts to her face and had glass removed from her eyes as a result of the incident. (2) On March 22, 2012, Sparta Municipal Court Judge John Mulhern found the truck’s driver, Kristopher Heine, guilty of not removing snow and ice from his vehicle, as required by state law, and imposed a fine of $750. (1)

An amended state law took effect on Oct. 20, 2010, requiring drivers of all vehicles, personal and commercial, to make a “reasonable” effort to remove all snow and ice from their vehicles before getting on the road. Fines for not complying with the new law range from $25 to $75, increasing to between $200 and $1,000 for private motorists and $500 to $1,500 for commercial drivers if injuries or property damage result. (3)

Prior to the amendment, motorists were ticketed only if snow or ice from their vehicle caused property damage or injury to another. The amended law now allows police to stop motorist simply for not clearing their cars or trucks. (2)

Since the amended law went into effect, 3,645 motorists in the state have received tickets for not removing snow and ice from their vehicles. (1)

Snow and ice are not the only hazards facing drivers on New Jersey roadways. Motorists carting materials in open truck beds or on the roofs of their cars are required to ensure that the materials are fastened securely and could face fines for not doing so. (4)

If you or someone you know needs the assistance of an attorney for a motor vehicle violation, particularly in Hunterdon County, contact the personal injury lawyers at The Rotolo Law Firm located in Lebanon, N.J., which is in close proximity to Clinton and Flemington.

(1) http://www.nj.com/news/index.ssf/2012/03/judge_rules_in_favor_of_woman.html
(2) http://www.nj.com/news/index.ssf/2012/02/snow_on_your_car_you_may_get_a.html
(3) http://www.njmta.org/articles.dws?section=1&id=1227
(4) http://www.pulltarps.com/State_and_Federal_Truck_Tarping_Laws.htm

Related articles

• Drivers warned over snow on vehicle roofs (premierlinedirect.co.uk)
• N.J. Drivers With Snowy Roofs Hit with Flurry of Tickets Since Law's Expansion | NJ.com | 2/10/12 (vinhsulaw.wordpress.com)

The State Supreme Court recently upheld a lower court decision by ruling that New Jersey was an appropriate venue for hearing a personal injury lawsuit concerning a South African motor vehicle accident involving U.S. citizens. (1)

The accident, which occurred in September 2006 about 75 miles southwest of Johannesburg, involved three U.S. citizens: David Edmonds, an employee of General Dynamics-Ordinance and Tactical Systems, Inc., and resident of Florida; and two New Jersey residents, Amin Yousef and Crane Robinson, both civilian employees of the U.S. Army. According to reports, Edmonds was driving a rented van in which Yousef and Robinson were passengers, when he allegedly ran a stop sign and crashed into another vehicle. (2)

Robinson required surgery in South Africa as a result of the accident and was later treated for leg and neck injuries when he returned to the U.S. Yousef, who was thrown from the vehicle, suffered severe head trauma. He was treated in South Africa for a month before returning to the U.S., where he continued to receive treatment for brain injuries for years. He is now legally blind, suffers cognitive and speech damages and is confined to a wheelchair. (2)

The extent of Yousef’s injuries played a large part in the Court’s ruling that the case could be heard in the U.S. Because Yousef was an employee of the U.S. Army, the case could be heard in any U.S. court. New Jersey was chosen because of his residency. (3)

The State Supreme Court ruled that any interests South Africa may have in the outcome of the trial could be satisfied in New Jersey. The Court further ruled that records of any medical treatment the plaintiffs received while in South Africa could be obtained for use in trial here. On the other hand, the Court noted, the extent of Yousef’s injuries prohibit him from returning to South Africa for a trial. (3)

Another factor considered by the Court was that in South Africa liability cases are considered by a judge instead of a jury, as is done in New Jersey. Should the jury find that the South African municipality where the accident occurred was even partially responsible, it could assign damages to that municipality, decreasing the disadvantages to the defendants in this case. (1)

The trial will be heard in Superior Court in Hackensack. (2)

(1) http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202489645291&NJ_Court_May_Try_Injury_Suit_Arising_From_Auto_Accident_in_South_Africa
(2) http://www.northjersey.com/news/crime_courts/041111_Supreme_Court_Suit_against_Floridian_over_South_Africa_car_crash_belongs_in_Bergen_County.html
(3) http://www.law.com/jsp/law/international/LawArticleIntl.jsp?id=1202474010582

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

Police across the State have stepped up efforts this holiday season to crack down on drunk drivers. Two recent incidents illustrate just how serious the problem can be.

*Amy Locane, a former “Melrose Place” actress and Hopewell, NJ, resident, was indicted recently on charges of killing a Montgomery Township woman and injuring her husband as a result of a motor vehicle accident in which the actress allegedly was driving under the influence. This accident followed an earlier hit-and-run accident in Princeton, NJ, involving the actress. Locane faces a decades-long prison term if convicted. (1)

*A resident of Freehold, NJ, Samuel Perez Ramirez, pleaded guilty to driving while intoxicated in an accident that resulted in the death of his own father, a passenger who was ejected from the vehicle when it struck another car after failing to stop at a stop sign. Ramirez’s blood-alcohol level at the time of the accident was reportedly three times over the legal limit. (2)

Although these accidents occurred in June and May of this yea, respectively, the number of celebrations and office parties during the holiday season traditionally increases the likelihood of people driving under the influence. During last year’s holiday season, 189 people died in New Jersey as the result of 179 alcohol-related accidents, which represents 32% of the 584 fatalities reported in the State during 2009. National statistics show that 10,839 people were killed in alcohol-related highway accidents last year. (3)

To combat this, police departments throughout the State are participating in “Over the Limit, Under Arrest,” a campaign aimed at reducing DWI accidents through public education and increased patrols and sobriety checkpoints. (3)

Despite stiffer penalties, which include a $1,000 surcharge drivers are required to pay to the State for three consecutive years following their convictions, reports show the number of DWI arrests has not decreased significantly. According to a recent report, 27,838 DWI arrests were made last year and, although it was the fewest number of arrests recorded these past 10 years, it represents only a 3% decline from 2008. In fact, the number of DWI arrests has remained fairly steady throughout the past decade, having peaked just short of 30,500 in 2007. (4)

The “Over the Limit, Under Arrest” efforts will run through January 2, 2011.

(1) http://www.nj.com/news/index.ssf/2010/12/melrose_place_actress_is_indic.html

(2) http://www.nj.com/news/index.ssf/2010/12/freehold_man_admits_driving_wh.html

(3) http://www.newjerseynewsroom.com/state/new-jersey-police-launch-holiday-season-drunk-driving-crackdown

(4) http://www.nj.com/news/index.ssf/2010/12/penalties_not_reducing_number.html

In a rare move last week, Morris County Superior Court Judge Robert J. Brennan increased an award granted by a civil jury to a 61-year-old Sparta man who lost his right leg as a result of a 2005 snowmobile accident. (1)

The jury in the product liability case against Yamaha Motor Co., manufacturer of the snowmobile, found in favor of Dennis Mohr and awarded him $1,107,000 for pain and suffering, medical expenses and lost income. Of that amount, $100,000 was specifically awarded for pain and suffering. Mohr’s lawyer argued that amount was inconsistent with the severity of Mohr’s injury and filed a motion for an additur. Judge Brennan agreed, adding $900,000 to the settlement, bringing the total to slightly more than $2 million. (2)

Mohr’s injury occurred in February 2005. When the 1995 Yamaha VX600V-R snowmobile Mohr borrowed from his friend wasn't running smoothly, Mohr and two friends tried to fix the snowmobile. During the process the metal track on which the snowmobile rides broke and the embedded studs tore into Mohr’s leg, severing it about two-thirds of the way. Doctors’ attempts to save the leg failed and it was amputated right above the knee just days after the accident.

Although the jury did not find the snowmobile to be faulty, it did determine that Yamaha failed to provide sufficient warning labels concerning the hazards and safety of the vehicle. Yahama countered that such warnings were included in the owner’s manual. (3)

At the trial Mohr, owner of a heavy equipment company, testified that he continues to feel phantom pain in his right leg for which he regularly takes morphine. He also testified that, due to his injury, he can no longer operate heavy equipment. (2)

Usually judges do not like to go against jury decisions by granting additurs or reducing awards and will only do so in cases where they believe a miscarriage of justice has occurred.

Yamaha does have the option to appeal the verdict. (2)

(1) http://www.nj.com/news/index.ssf/2010/10/nj_judge_awards_sparta_man_who.html

(2) http://www.dailyrecord.com/apps/pbcs.dll/article?AID=2010310270007

(3) http://www.mycentraljersey.com/apps/pbcs.dll/article?AID=2010101027015

A Mount Laurel woman is seeking more than $50,000 in damages for injuries suffered in a bus crash in which four other passengers, including an 18-year-old New Jersey woman, died. (1) (2)

Twenty-six-year-old Candice Burks sustained serious neck, head and back injuries in the crash which occurred in early September in the Salina suburb of Syracuse, NY. Burks, along with 27 other passengers, was riding the double-decker bus traveling from Philadelphia to Toronto, Canada, when it crashed into a railroad bridge abutment at 2:30 a.m. (1)

According to reports, the bus usually makes a rest stop at the Syracuse depot but, on the night of the accident, the bus wound up on the parkway instead of the road to the depot. Both the depot and the parkway entrance ramp are located at the same exit off Interstate 81. Choosing the wrong direction at the fork intersection would put a vehicle on the parkway a short distance from the bridge. That stretch of road offers no place for a vehicle to pull off or room to turn around. (3)

Although there are several signs warning of the low bridge, the double-decker bus hit the abutment and flipped over on its side.

Emergency responders took less than an hour to rescue all the passengers and transport the injured to a nearby hospital where 20 were treated and released, one was listed in critical condition and four others were listed in serious condition. (2)

The suit named John Tomaszewski, driver of the bus, and Olympia Trails Bus Co. and Coach USA, owners and operators of the bus. (1)

(1) http://www.nj.com/news/index.ssf/2010/10/nj_woman_sues_over_injuries_fr.html

(2) http://www.syracuse.com/news/index.ssf/2010/09/megabus_crash_survival_depende.html

(3) http://www.aolnews.com/nation/article/officials-bus-crashes-near-syracuse-ny-4-dead/19629990