Articles Posted in Motor Vehicle Accidents

color photo of a finger pointing to a car's keyless ignition switchMost new cars today come equipped with a keyless ignition feature that allows the driver to start the car without ever taking the key from his or her pocket or purse – they simply push a button. While many drivers quickly grow to appreciate this new convenience, some claim keyless ignition systems are defective and pose a potential deadly hazard.

Class action lawsuits have been filed against car manufacturers alleging that the keyless ignition feature makes it too easy for drivers to unintentionally leave their cars running. When this happens in an enclosed garage, carbon monoxide fumes can build up and potentially enter the attached homes threatening the safety of the home’s occupants.

An article appearing recently on www.nbcnewyork.com titled, “I-Team: Class Action Lawsuits Expose Potential Dangers of Keyless Ignitions,” details one case of carbon monoxide poisoning claimed to be connected with the keyless ignition issue and discusses the class action lawsuits car makers are now facing.

Halloween injuries: headshot of girl in costume with platinum hair and bright blue eyes wearing bird's nest veilHalloween is just around the corner and if you want a real scare, consider the following statistics:

  • Halloween ranks among the top three holidays in terms of injuries and / or fatalities. The other two most dangerous holidays are July 4th (fireworks) and New Year’s Eve (drunk driving).
  • In the 20-year period from 1990 to 2010, the number of fatal accidents involving child pedestrians on Halloween averaged 5.5 each year, compared with 2.6 for other days.

aggressive-drivingAggressive driving takes on many forms. It can be exhibited by excessive speed, tailgating, failure to signal, unsafe lane changes, illegal passing, and other dangerous driving behaviors. Often aggressive driving starts out as a driver trying to make up time, but this behavior could very easily result in a motor vehicle accident. What’s more, aggressive driving could lead to road rage – a situation in which one driver overreacts and deliberately seeks retaliation on another.

According to statistics, a majority of New Jersey drivers view aggressive driving as a real threat to their safety and to the safety of their families. In an effort to cut down on this risk, Gov. Chris Christie recently signed a new law that would add the dangers of aggressive driving to New Jersey’s new driver training program. For details, read Mike Davis’ recent article, “N.J. law aggressive driving education is inspired by teen paralyzed in road rage crash.”

teen-distracted-drivingOne of the most nerve-wracking events for parents of teenagers is when their child first begins to drive – and with good reason. Statistics released recently by the AAA Foundation for Traffic Safety confirm that distracted driving is a leading cause of accidents among young drivers. Michael Green’s article, “Distractions and Teen Crashes: Even Worse than We Thought,” identifies the most common factors leading to teen driver distraction and illustrates just how serious the problem is.

New Jersey’s graduated driver license program attempts to combat this problem by limiting the hours new drivers are permitted to drive and the number of passengers permitted in their vehicles. It also bans the use of both hand-held and hands-free devices for new drivers. For more details on New Jersey’s teen license restrictions, see New Jersey Graduated Driver License Program.

car-accident-insuranceAlthough the law in New Jersey requires all motorists to carry automobile insurance, not every driver complies. In response to this, New Jersey requires Uninsured Motorist Insurance (UMI) be built into automobile insurance policies issued in the State. While UMI covers the policyholder in the event of an accident with an uninsured or underinsured driver, the coverage is subject to strict limits. This was evident in a recent lawsuit in which a Middlesex County jury awarded a New Jersey woman in excess of $8 million dollars, but her actual compensation was capped at less than $500,000. Read “Woman awarded $8.4 million in suit against own insurer.”

Victor Rotolo, founder of Ragland Law Firm, has spoken out on this issue previously, noting that being seriously injured in an accident with an uninsured or underinsured driver was one of the worse scenarios you could be involved in. He urges drivers to protect themselves by acquiring as much coverage as possible. To read more about his comments on this matter, see “Attorney Victor A. Rotolo Explains What to Expect if You Are in an Accident with an Uninsured New Jersey Driver.”

fatal-accidentA total of 40 vehicles, including at least two tractor trailers, were involved in a fatal accident on the New Jersey Turnpike last Monday evening. Some attribute the day’s wintry storm, which dropped snow, sleet and freezing rain on the roads, with causing the collision. Others say the crash could have been avoided had the roadway been properly treated. For more on this accident, read nj.com’s “Icy, fatal Turnpike crash ‘should never have happened,’ road’s former engineer says.”(1)

  1. http://www.nj.com/middlesex/index.ssf/2015/02/icy_fatal_pileup_on_nj_turnpike_should_never_have.html

guardrails-PI-blogIn another case of what may be safety equipment doing more harm than good, states across the country are joining in a boycott of certain guardrail end terminals manufactured by Trinity Highway Products, LLC, a business of Texas-based Trinity Industries, Inc. Last week New Jersey became the thirty-first state to join this ever-growing list when the State’s Department of Transportation and the New Jersey Turnpike Authority, which also oversees the Garden State Parkway, announced they were banning the use of these products in both new construction and maintenance projects  at least until further safety tests can be conducted.(1)

The end terminals in question, part of Trinity’s ET-Plus System, have been connected to about 14 motor vehicle accidents that reportedly resulted in numerous injuries and at least 5 deaths. In theory, guardrail end terminals, when struck, are supposed to move with the vehicle and absorb at least some of the impact of the crash. According to reports, the ET-Plus end terminals have a tendency to lock rather than move when hit head-on by the front of an oncoming vehicle. This can result in the guardrail cutting through the oncoming vehicle like a spear. Numerous injuries, including amputations, have been blamed on this malfunction.(1)

These allegations from crash victims were the topic of a broadcast on “20/20,” the investigative news program produced by ABC television, last September. Then, last month, a Texas jury found the parent company, Trinity Industries, guilty of defrauding the federal government by covering up a change in the product’s design. According to reports, the company made modifications to the design of its guardrail end terminals in 2005, but failed to report those changes either to federal or state transportation officials at the time. The change in question reduced by an inch the size of a metal piece used in the guardrail end terminal. This change, it was reported, saved the company about $2 on each guardrail it produced for an estimated savings of $50,000 per year.(2)

400-04533052A fact sheet compiled by the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) and released this past April revealed that pedestrians were among the few groups that experienced an increase in fatalities for the year 2012. According to the report, 4,743 pedestrians reportedly were killed that year in the U.S. amounting to an average of one pedestrian death every two hours. That number represents the highest number of pedestrian fatalities in five years and a 6% increase over 2011. Of those fatalities, 156 occurred in New Jersey, representing 26.5% of the total 589 traffic fatalities reported in the State.(1)

The fact sheet further disclosed that the almost 5,000 fatalities reported in 2012 represented 14% of all accident fatalities reported in the country. In addition, there were about 76,000 pedestrian injuries reported that same year, which averages out to one injury every seven minutes. Those pedestrian injuries represent 3% of all crash-related injuries reported.(1)

In an effort to cut down on pedestrian-related traffic accidents, HART Commuter Information Services, a nonprofit transportation management group in Hunterdon County, designates October as Pedestrian Safety Awareness Month.(2) Not without coincidence, October is also International Walk to School Month. This year, at least 12 Hunterdon County elementary and intermediate schools joined in the walk-to-school activities.(3)

A large majority of pedestrian fatalities (89%) occur under normal weather condition, according to NHTSA, and about 70% occur at nighttime. The fall represents a particularly hazardous season for pedestrians – the weather is still pleasant enough to attract people outdoors, but the shorter daylight hours pose danger. That’s one reason HART chooses October to step up its efforts to promote awareness about pedestrian safety.(1)

This year, HART selected the theme, “Be Safe: Know Your Space,” a message designed to remind pedestrians of the importance of walking against traffic. With all the distractions vying for the attention of motorists these days, it’s is crucial for pedestrians to be able to make eye contact with drivers of passing cars to make sure they are noticed.(2)

Continue reading ›

photo of driver applying makeupDespite the efforts of law enforcement agencies throughout the State to curtail distracted driving practices, New Jersey motorists admittedly continue to engage in some risky behaviors when behind the wheel. In fact, New Jersey drivers have been ranked as some of the worst in the country in terms of impatience, rudeness and engagement in risky driving habits.(1)

Records show that during the period from 2004 through 2013, there were about 3 million motor vehicles accidents reported in the State, of which 1.4 million involved inattentive drivers. What’s more, 1,600 fatalities occurring during that same period reportedly resulted from accidents in which distracted driving was cited as a major factor.(2)

While much effort has been made to halt the use of cellphones by motorists, especially handheld cellphones and texting on those devices, there are many other activities which can be considered distractions for drivers. The State’s Division of Highway Traffic Safety listed the following activities as being among some of the behaviors that could detract drivers’ attention from the road: applying makeup, tuning a radio or CD player, eating/drinking, talking to other passengers and tending to children and/or pets in the car.(3)

Recently, the Rutgers-Eagleton Poll joined forces with the Rutgers New Jersey Medical School to conduct a series of polls concerning public health issues, the first of which related to the risky behaviors of New Jersey motorists. Participants in the poll were asked to rank certain behaviors as to their level of danger from the perspective of both a passenger and a driver. Interestingly, the poll showed that even though drivers responding from the perspective of a passenger found certain behaviors to be very unsafe, they admitted to engaging in those same behaviors when they were behind the wheel.(1)

High on the list of distractions thought to be most dangerous from a passenger perspective was reading, with almost all of those polled saying being in a car with a driver reading a newspaper, book or tablet would make them feel very unsafe. Almost 90% of those responding thought reading text messages or emails was very unsafe; while 60% considered talking on a handheld phone very dangerous, although most participants admitted to being less concerned when drivers used hands-free cellphone devices. Slightly more than half of the participants ranked eating or drinking while driving as an unsafe behavior, but only 23% of those considered it very unsafe.(1) Continue reading ›

pedestrian.jpgA recent study revealed that New Jersey’s senior population was more at risk than their counterparts in other states when it comes to being killed in a pedestrian versus motor vehicle accident. On the heels of this report, Somerset County announced ongoing efforts by three of its municipalities to make their roads safer for pedestrians in general.(1)

The study was announced by the Tri-State Transportation Campaign, a regional not-for-profit group that looked at pedestrian accidents nationwide for the period between 2003 and 2012, which accounted for about 47,000 pedestrian deaths. The study revealed that, in general, people 60 years old and over were more likely than those under 60 to be killed by an automobile. During the study period, 453 New Jersey pedestrian seniors were killed; that’s a rate of 2.85 seniors per 100,000 residents, compared with 2.23 per 100,000 residents nationwide. This indicates that New Jersey seniors are 28% more likely than seniors elsewhere in the country to be killed by a motor vehicle.(1)

Continue reading ›

Contact Information