Articles Posted in Motor Vehicle Accidents

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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Tomorrow begins National Distracted Driving Awareness Month and law enforcement officials in Somerset County as well as other communities will step up efforts to ensure motorists keep their eyes on the road. ⁽¹⁾

Distracted driving is defined as engaging in any activity that takes the driver’s attention away from the road and that could include everything from watching videos to reading (including maps), grooming (shaving, applying makeup), talking to passengers, minding the kids, and eating or drinking. It is the use of electronics devices, however, that is seen as perhaps the most prevalent and troubling distraction. ⁽²⁾

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The number of motor vehicle fatalities across the country has steadily been declining. ⁽¹⁾ New Jersey is in line with these national statistics, having experienced a record low 544 fatalities in 508 crashes last year. For children birth through 8 years of age, this represents a 43% reduction in fatalities since 2002 according to preliminary statistics released by the New Jersey State Police. ⁽²⁾

Several factors have been credited with contributing to this decline: safer car designs, better engineered roads, improved medical care for traumas, and even the economy – people drive less when money is tight and fuel prices are high. ⁽²⁾ But the factor given the most credit for protecting children involved in car accidents is the appropriate use of safety restraints.

According to the National Highway Traffic Safety Administration (NHTSA) figures, it is estimated that car seats saved about 3,300 children between birth and 4 years of age from 2002 to 2011. If all children were properly restrained in car seats, the NHTSA estimated that an additional 800 lives could have been spared for that same period. ⁽¹⁾

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Recently a California woman was charged with speeding and distracted driving for wearing the newly-designed Google Glass (headgear that enables the wearer to view a computer screen) while behind the wheel. Those charges were dismissed last week only because it could not be proven that the computer device was operating while she was driving. ⁽¹⁾

This particular distraction has yet to be reported in New Jersey, but distracted driving, in general, continues to be a problem here as elsewhere in the country. Last spring the National Highway Safety Administration (NHSA) released its latest statistics for 2011 on distracted driving. According to the data, 660,000 people in the U.S. use cell phones or adjust other electronic devices while driving. Interestingly, the data also shows that the majority of drivers are in favor of prohibiting hand-held cell phone use and/or texting while driving and believe that the fines for these offenses should be at least $200. ⁽²⁾

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In recent months much attention has been given to pedestrian safety and now it is garnering even more attention.

The death rate of teenage pedestrians has risen 25% over the last five years, according to statistics released this past summer. Many of those deaths have been attributed to distracted walking. Safe Kids Worldwide, which is dedicated to preventing injuries in children globally, recently studied a group of 34,000 teenagers as they crossed streets in school zones. The group discovered one out of every eight middle school children and one out of every five high schoolers were distracted as they crossed the street. The study revealed 39% of the children wore headphones, 39% texted, 20% talked on the phone and 2% used some sort of handheld game or tablet as they crossed the street. ⁽¹⁾

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Careless driving charges are the most common charges drivers face, but should they warrant jail time? That’s a question facing the State Supreme Court and its decision could establish a guideline for municipal courts who commonly hear such cases. (1)

The Supreme Court is set to review the case of a woman who received a 15-day jail sentence for careless driving after she hit a pedestrian who, two months later, died from injuries sustained in the accident. The prosecutor of this case argued that the sentence was fair considering the actions and the harm they caused, while the defense attorney argued that no jail time should be imposed for a careless action even when the end result is death. (1)

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Drivers know that if they drive too fast they risk getting a ticket or, even worse, may cause a traffic accident. It would be safer to drive below the speed limit, right? Wrong. Driving below the posted speed limit could be just as dangerous as driving above it. In fact, the National Motorists Association references research that claims more accidents are caused by slower traffic than faster traffic. (1)

The problem with slow traffic is that it is not always obvious how slow is too slow. Occasionally, speed limit signs will post both a maximum and minimum limit; more often only the maximum allowed speed is posted. So, how slow is too slow? In general you are driving too slowly if you are traveling under the “normal speed of traffic” on that particular roadway. (2)

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By now, children throughout the State are back in school which means more pedestrians and motorists are on the roads at the same time. In order to keep New Jersey roads safe pedestrians and motorists alike need to take extra care.

A nationwide program entitled Safe Routes to School (SRTS) encourages children either to walk or ride their bikes to and from school. Back in 1969, almost 50% of children traveled to school by foot or on their bicycles; today, less than 15% do. The SRTS initiative was intended to encourage children to get healthier, more active and less dependent.(1)

Another effect of the initiative was to cut down on motor vehicle traffic. In 2009, families across the country drove 30 billion miles to get their children to and from school. That accounted for 10 to 14% of the traffic on our roads. (1)

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By now, most New Jersey drivers are aware of the stiff penalties associated with texting and driving, particularly if that action results in an accident. What they might not know is that you don’t even need to be in the car to be held liable.

August 27, 2013, a New Jersey appeals court determined that a person who texts another person with reasonable knowledge the intended recipient of the text would be driving and would read the text immediately can be held liable if an accident occurs as a result of that action. (1) The court likened the sender of the text to a passenger in the car, albeit a virtual one, saying that just as a passenger has a responsibility to not distract the driver, so does the sender of the text. (2)

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“License, registration and cell phone,” are words New Jersey motorists may soon hear from police responding to the scene of an accident if a newly proposed bill wins approval.

The bill seeks to give police the right to look through the phone’s call and message history without a warrant in order to determine whether or not use of the phone could be a contributing factor to the accident. The bill would allow a police officer to confiscate a driver’s hand-held phone after an accident resulting in death, injury or property damage if that officer has reason to believe the driver was operating the phone at the time of the accident. (1)

Much has been written lately about the dangers of distracted driving, with use of cell phones high on the list of distractions. A recent MSN article concerning which type of tickets most affect insurance rates stated that reckless driving was considered one of the biggest offenses leading to increase insurance rates. While it was noted that the definition of reckless driving varied by state, at least one state – Virginia – said it was considering categorizing texting while driving as reckless driving. (2) Recently New Jersey increased its penalties for drivers caught using a hand-held cell phone or texting while driving.

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