New Jersey Injury Lawyers Blog

Legislators have been presented with several recommendations, which are intended to make our roadways safer and, if adopted, would affect drivers of all ages. If you have been involved in a situation involving injuries because of allegedly unsafe driving, contact the personal injury lawyers at The Rotolo Law Firm, located in Hunterdon County, NJ.

The NTSB (National Transportation Safety Board) recently recommended prohibiting all use of cell phones, as well as other electronic devices, while driving. The NTSB is encouraging all states in the nation to adopt this ban, claiming that even the use of hands-free devices poses potentially dangerous distractions to drivers. (1) The NTSB wants the ban to apply to all non-emergency use of electronic devices. (2)

The American Automobile Association has stated that one-third of U.S. drivers use their cell phones regularly or fairly often while driving. The Department of Transportation claims that the simple fact of a phone conversation causes drivers to miss both audio and visual cues that could have helped them avoid an accident. (1)

Many states including New Jersey already have strong cell phone use laws on their books that prohibit texting and use of hand-held phones. Some even prohibit the use of hands-free devices for certain drivers, such as new drivers and school bus operators. No state, however, has banned the devices for all drivers and the NTSB has no authority to impose such changes.

Other changes pending legislative approval in New Jersey include stiffer rules for teen drivers.

Earlier this month, the State Assembly Transportation Committee approved the proposed changes which would include extending the driver’s permit period to one year from six months for drivers younger than 21, and would require drivers under 18 to participate in a driver’s orientation program with a parent or other adult before applying for a driver’s license. In addition, young drivers would be required to have 100 practice hours before getting their license. Accounting for these hours would be done on an “honor system” basis and attested to by the driver’s parents. (3)

New Jersey already has some of the toughest laws in the country regarding young drivers. However, supporters of the proposed changes believe that teaching safe driving habits to young drivers will prevent more accidents among our State's youth.

If you have been involved in a New Jersey accident, because the driver was on a cell phone or other electronic device, contact the attorneys at The Rotolo Law Firm with its offices at 502 Route 22 West in Lebanon, New Jersey.

(1) http://online.wsj.com/article/BT-CO-20111218-704971.html

(2) http://www.pbs.org/newshour/rundown/2011/12/cell-phone-ban-in-cars-what-do-you-think.html

(3) http://www.nj.com/news/index.ssf/2011/11/nj_teens_may_face_longer_road.html

Severe storms, fluctuating temperatures and flooding all wreak havoc on our roadways, creating minefields of potholes for motorists and cyclists to navigate. Damages from these road hazards can range from blown tires, pricey alignment adjustments, physical injuries and, in some cases, even death. How far does the responsibility of local governments to repair these damaged roadways go? That’s a question recently addressed by the New Jersey Supreme Court.

Just this past week, the Supreme Court was considering the extent of local governments’ liability to repair potholes as it reviewed the case of Polzo v. County of Essex. The family of Mathi Kahn-Polzo brought suit against Essex County after she died from head injuries suffered when she hit a pothole while cycling with friends on a county road. (1)

The question the Court is struggling with is whether local governments are responsible only for repairing damages they have “constructive notice” of, which meets the Tort Claims Act requirement, or if their responsibilities extend further to include establishment of an inspection program to detect road damage. (1)

While Ms. Kahn-Polzo’s estate is arguing that had Essex County properly maintained its roadways her death may have been avoided, attorneys for the county contend that the local government cannot be held responsible for repairing damages it didn’t know about. Forcing local governments to have an inspection process in place to detect all potential road hazards would put undue burden on agencies that have limited resources they claim. (1)

New Jersey is not the only state dealing with pothole problems. Wisconsin, for example, is currently battling over a proposed Assembly bill that would change a state law which allows motorists to sue local governments for damages caused by road hazards without having to prove negligence, but requires proof of negligence in similar suits against the State. Proponents of the bill say it would even the playing field between state and local governments, but opponents say it would limit the rights of motorists to recover damages. (2)

While the courts continue to grapple with the liability question, residents can do their part by reporting potholes and other road damages to the proper agencies. Local government websites can help here. Be sure to note the exact location of the damage and provide pictures if possible. Go a step further -- ask for an expected repair date and follow up. (3)

If you are someone you know has been injured in a car accident, contact the car accident attorneys at The Rotolo Law Firm to protect your legal rights.

(1) http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202516933540&slreturn=1

(2) http://findarticles.com/p/articles/mi_qn5302/is_20110902/ai_n58123628/

(3) http://www.ehow.com/how_2126929_complain-potholes.html

When the job market is as tight as it is now, few workers are willing to make waves and risk losing their employment. But should workers risk their health and safety or that of their co-workers or the public just to keep a job? There are a number of laws, both on the state and federal level, intended to keep New Jersey workers safe in the workplace and free from reprisal should they refuse to perform an unsafe job.

The Occupational Safety and Health Act (OSHA), the National Labor Relations Act (NLRA) and the Labor Management Relations Act (LMRA) are some of the laws that protect workers on the federal level. In New Jersey, workers also have the protection of the New Jersey’s Conscientious Employee Protection Act (CEPA) and the Public Employees’ Occupational Safety and Health Act. In additional, there are a number of industry-specific statutes that also aim to protect workers under certain circumstances. (1)

Perhaps the most recognized of these laws is OSHA. The Occupational Safety and Health Administration (also called OSHA) protects the employee’s right to a safe workplace by hearing complaints, performing inspections of workplaces and imposing fines on businesses found to be in violation of safety standards. (1) For example this past spring, OSHA found a West Trenton ball-bearings manufacturer guilty of 21 safety violations and fined the company $88,200. (2) Separately a New Jersey general contractor and five subcontractors were fined a total of $95,470 for 20 health and safety violations. OSHA does not, however, grant rights to employees to overtly refuse an unsafe work assignment. (3)

The Protecting America’s Workers Act of 2011 (PAWA), currently pending in Congress, would increase employee protections by broadening the protections of OSHA. If adopted, the new law would, in part, protect employees from punishment for refusing to perform an assignment if the employee had a reasonable concern that the assignment could result in harm to him/her or other employees. (1)

With these protections come various responsibilities for the employees. Simply refusing to perform the job is not an option. The employee must show that he or she refused to do the work in good faith. Also the employee must make the employer aware of potential hazards and request the hazards be resolved. Assuming there is time and danger is not imminent, the employee is responsible for following the proper channels for enforcing the statute. (1)

(1) http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202503856313&slreturn=1&hbxlogin=1
(2) http://www.nj.com/news/times/regional/index.ssf?/base/news-22/1301636720142260.xml&coll=5
(3) http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=19875

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

Concussions, if not properly managed, can have serious long-term effects and, in the most severe cases, can even result in death. On September 30, 2010, the House of Representatives, by a majority vote, approved a bill that would help protect student athletes from these serious ramifications. (1)

The Concussion Treatment and Care Tools Act (ConTACT Act) was written by Democrat Rep. Bill Pascrell. It would require that the Department of Health and Human Services hold a conference of professionals from the athletic, medical and educational fields to set guidelines for managing concussions, including setting standards for when student athletes should be allowed to return to their sport following a concussion. The bill would also allow for grants to be issued to states looking to purchase concussion testing equipment and institute concussion management policies. (1)

A concussion occurs when the brain is pushed around inside the skull and can be caused by a direct hit to the head or a sudden stop. Not every concussion causes unconsciousness. Symptoms, however, include dizziness, nausea, sensitivity to light/noise, headaches, and trouble concentrating. (2)

Pascrell was inspired to write the ConTACT Act following incidents involving two New Jersey student athletes: Ryne Dougherty, who died in 2008 as a result of returning to a football game too soon after suffering a concussion; and Nikki Popyer, a former basketball player who still suffers the ramifications of multiple concussions, including constant headaches and the inability to drive. (3)

Concussions among school athletes are widespread. In the 2008-2009 school year, high school athletes suffered more than 400,000 concussions, according to the Center for Disease Control. (4) Pediatric Magazine published a study which found that, among 8- to 13-year olds, emergency room visits for concussions doubled in the 10-year period 1997-2007; the visits tripled for 14- to 18-year-olds in the same period. (2)

Currently about 175 New Jersey high schools required neurological baseline testing for students participating in sports. Parcell hopes that the new bill, through grants, would enable the remaining New Jersey schools to provide such testing. (4)

The ConTACT Act has now been referred to the Senate. Senate approval of the same legislation is required before the bill can be signed into law by the President.

(1) http://gantdaily.com/2010/09/30/concussion-legislation-to-protect-young-athletes-moves-forward/

(2) http://www.google.com/hostednews/ap/article/ALeqM5hE6o2SK8Kk5L7XjzRt7KQgcZZajAD9I40S780

(3) http://www.washingtonpost.com/wp-dyn/content/article/2010/09/30/AR2010093003378.html

(4) http://newyork.cbslocal.com/2010/09/08/nj-lawmaker-seeks-to-combat-sports-related-concussions/#

When the New Jersey American Legion Baseball League Tournament ends this summer, will the use of metal bats in that League end also? If the Commission of the League has his way, yes. (1)

The debate over the use of metal bats in amateur baseball leagues (that includes Little League, high school and college teams) is long-standing. Because metal bats are less likely to break than wooden bats, they are more cost-efficient in the long run. (2) However, metal bats are lighter, making it easier for batters to hit more powerfully. As a result, balls hit by metal bats travel faster. It is this speed which leads some to question their safety.

Continue reading "The Controversy over Metal Baseball Bats" »