Articles Posted in Motor Vehicle Accidents

Although 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.”

A 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

A 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⁾

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Despite 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 ›

A 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⁾

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A lawsuit has been filed against Walmart Stores, Inc. claiming that the retailer’s negligence was a major contributing factor in a previously-reported accident on the New Jersey Turnpike that left one person dead and three others, including comedian Tracy Morgan, injured.⁽¹⁾

This accident, which occurred on June 7, has brought to light the issue of driver fatigue and its impact on long-distance truckers in particular. It had been reported that the driver of the Walmart truck involved in the accident had admitted to not having slept in the 24 hour period immediately preceding the accident, a violation of New Jersey law. Further, it was reported that the driver had been “on the job” for more than 13 hours prior to the accident. Federal law limits drivers to a 14-hour work day, with a maximum of 11 hours at the wheel between rests.⁽²⁾

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New stricter penalties went into effect last week for New Jersey drivers found guilty of texting while driving.⁽¹⁾

Effective July 1, fines for a first-time offender were increased to between $200 and $400 from $100. Anyone guilty of a second offense of texting while driving now faces fines between $400 and $600, and a third-time offender faces fines of between $600 and $800, plus a possible 90-day suspension of his or her driver’s license and three points against his/her driving record.⁽¹⁾

The increased penalties are part of an effort being made to help stem what has been dubbed “New Jersey’s Distracted Driving Decade.” A report issued this past spring disclosed that driver distractions were a major contributing factor in 1.4 million motor vehicle accidents on State roadways during the period from 2004 through 2013, representing about half of all crashes that occurred in that timeframe. In the decade from 2003 through 2012, more than 1,600 people were killed in crashes where inattention of the driver was listed as a major contributing factor.⁽²⁾

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The recent accident on the New Jersey Turnpike that killed one and injured three others including comedian Tracy Morgan, has attracted both local and national attention as lawmakers debate the best way to improve the safety of our roads, particularly as it relates to truck traffic.⁽¹⁾

This accident was not the only one to warrant this attention. Within days of Mr. Morgan’s accident, there were three other truck accidents in New Jersey, each of which claimed one life and injured several others. In fact, since 2009 fatal truck accidents have been on the rise, according to a study by the National Traffic Safety Board (NTSB). The agency noted that there were 3,921 deaths relating to truck accidents reported in the country in 2012.⁽¹⁾

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A New Jersey car dealership recently lost its appeal of a $5.5 million judgment against it in connection with a motor vehicle accident that seriously injured several members of a New Jersey family. ⁽¹⁾

According to reports, Roy Allen and several family members suffered injuries when the rear tire of their SUV blew out causing the vehicle to roll over on Interstate 95 in Virginia as the family was traveling to Florida on vacation in the spring of 2009. Just three days prior to that trip, Mr. Allen had the vehicle serviced at the Flemington Chevrolet dealership. ⁽¹⁾

In the fall of 2012, Mr. Allen’s estate (he had passed away from unrelated causes) and members of his family filed suit against Flemington Chevrolet, claiming the dealership was negligent in its service and that negligence was the cause of the accident. The jury hearing the case awarded the family $7.5 million in punitive and compensatory damages. The punitive portion of that judgment was later reduced to $3 million from $5 million, while the compensatory damages remained at $2.5 million, for a total judgment of $5.5 million. Flemington Car and Truck Country appealed that decision citing a flawless safety record for more than 30 years. ⁽¹⁾

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