New Jersey Injury Lawyers Blog

What to Know Before Filing a Personal Injury Lawsuit

November 14, 2016 | The Victor Rotolo Law Firm

Personal Injury attorney, Victor Rotolo, and the attorneys of the Victor Rotolo Law Firm offer legal counsel to clients seeking to recover damages for injuries suffered as the result of accidents, including those related to defective products, accidental falls, and workplace mishaps.

Collecting damages for injuries you suffered as a result of another person’s negligence encompasses more than simply pointing the finger of blame. Laws governing personal injury cases vary by state. In New Jersey, those laws determine when you can file your claim, which injuries qualify for a personal injury lawsuit, and the type and amount of damages you can expect to collect.

When to File a Personal Injury Lawsuit

Lawsuit questions validity of thousands of New Jersey DWI convictions

November 7, 2016 | The Victor Rotolo Law Firm

Since a Supreme Court ruling in 2008, breath tests have been admissible in court as proof of a driver’s impairment in a DWI case. However, certain criteria must be met in administering these tests for the results to be considered valid evidence. It is these criteria that are the basis of a federal class action lawsuit that could result in more than 20,000 New Jersey DWI convictions being overturned.

For the results of a breath test to be admissible in court, the device used to measure a suspect’s blood alcohol content (BAC) must be in working order and appropriately inspected at the time of the test; the person administering the test must be a certified operator; and the test must be administered according to procedure.

The lawsuit, which was filed in federal district court in New Jersey last month, claims that a New Jersey State Police sergeant failed to properly recalibrate devices that potentially were used to administer breath tests in more than 20,000 DWI cases in five different counties throughout New Jersey. In addition to unspecified damages and court costs, the suit seeks to have a review of all DWI cases that may have involved the sergeant in order to determine if any of the convictions should be reversed. To learn more, read “20,000 DWI cases called into question in NJ: Is yours one of them?”

Is New Jersey’s Graduated Drivers’ License Program Saving Lives?

October 24, 2016 | The Victor Rotolo Law Firm

A recent report from the Governors Highway Safety Association revealed that the country has seen an almost 10 percent increase in fatal car accidents among teenage drivers this past year except in New Jersey where such accidents have actually declined. Could New Jersey’s graduated drivers’ license (GDL) program be the reason?

While all states have some sort of GDL program for teens, New Jersey’s system has some strict requirements. For one thing, any driver between the ages of 16 and 20 must first hold a learner’s permit before getting a probationary license that will last for at least one year. Elsewhere in the country, teens can opt out of their state’s GDL program by age 18. To learn more about how New Jersey’s GDL may be saving teen lives, read “More teens are dying behind the wheel – how NJ’s bucking the trend.”

Anything You Say – Or Post – Can Be Used Against You

October 10, 2016 | The Victor Rotolo Law Firm

It has been estimated that more than three-quarters of adults who use the Internet are actively engaged on social media. It can be an efficient way to keep in touch with a number of people, near and far but, if you’re involved in a personal injury claim, you may want to be careful about what you post. Even the most innocuous comments could come back to haunt you.

The idea behind a personal injury lawsuit is to attempt to recover damages resulting from medical expenses, lost wages and even pain and suffering, which can manifest itself in depression, anxiety and, in some cases, isolation. While it might be a natural instinct for someone laid up with an injury to reach out to friends and family through social media in an effort to pass the time, the content of their posts could actually be used against them in court. To learn more, read “Could Social Media Impact Your Personal Injury Claim?“

When Driverless Cars Crash, Who’s at Fault?

September 26, 2016 | The Victor Rotolo Law Firm

It has been predicted that by the year 2020 there will be some 10 million driverless cars on the roads. In preparation for this, the auto industry has been including such features as park assist and crash avoidance technologies on more and more vehicles in recent years. While drivers adjust to the thought of relinquishing all navigational control to their vehicles, the government is grappling with some practical matters that the new fully-automated vehicle technology will bring.

The Department of Transportation recently released new policies aimed at balancing safety with this new technological advancement. These policies address such issues as how to assess a vehicle’s crashworthiness, how to prevent hacking of the automated systems; and how to cope with a system failure. To learn more, read “Department of Transportation Releases Policy on Driverless Vehicles.”

Meanwhile, insurers and lawyers both are dealing with the question of responsibility in the event of accidents involving driverless cars. For more on this, read “Who’s Responsible for Self-Driving Car Accidents?”

Is That Phone In Your Pocket at Risk of Exploding?

September 12, 2016 | The Victor Rotolo Law Firm

These days it seems almost everyone is attached to their smart phones. Not only do these devices keep us connected to colleagues, friends and family, they also provide access to a wealth of information with the touch of a finger. Along with all the advantages these mobile devices offer, there are risks -and not only those risks associated with distracted driving.

Samsung, a leading manufacturer of cell phones, recently launched a major recall of the Galaxy Note 7 due to a defective battery. According to reports, the batteries in this particular smart phone are at risk of exploding due to a “manufacturing process error.” There have yet to be reports of injuries stemming from these battery explosions, although investigators are looking into a possible connection between the battery problem and two massive fires (see “Samsung’s recalled Galaxy Note 7 blamed for Jeep and garage fires”). Even the Federal Aviation Administration (FAA) is getting involved by asking customers to not pack these phones into checked baggage and to refrain from turning them on or charging them in flight. For further details, read “FAA Issues Warning About Samsung Phones …”

Can Electronic Reminders Help Prevent Hot Car Deaths?

August 29, 2016 | The Victor Rotolo Law Firm

Despite repeated warnings reminding us how quickly the temperatures inside a motor vehicle can rise, we continue to see reports of children left forgotten in hot vehicles. Each year an average of 37 children die as a result of being left in a hot vehicle and many others suffer heat-related injuries. So far this year, 27 heat-related child deaths have been recorded.

Some reports link the increase in these heat-related deaths and injuries to passenger-side airbags. When passenger-side airbags were first installed, laws were changed requiring parents and caregivers to place child safety seats in the rear to protect young children from injuries resulting from a deploying airbag. Unfortunately, putting children in the rear seat puts them out of the driver’s sight.

Placing a purse, briefcase, or cell phone in the back next to the child’s safety seat forces drivers to look in the rear. Keeping the child’s diaper bag or school bag on the front passenger seat reminds the driver that a child is in the car. While these tricks may be enough for some drivers, child safety advocates want the National Highway Traffic and Safety Administration to require auto manufacturers to install electronic reminders in their vehicles and one major car maker has taken steps to do just that. For more details, see “Hot Car Deaths and What the Auto Industry Is Doing About Them.”

What’s Being Done to Improve the Safety of Water Parks?

August 15, 2016 | The Victor Rotolo Law Firm

Water parks, those adventure parks that feature waterslides and wave pools, are gaining in popularity as summertime attractions. According to the World Waterpark Association, about 85 million people attended water parks in 2015, up from about 73 million a decade earlier. While these parks offer fun and exciting ways for children and adults alike to beat the heat, they also present a risk for injury.

A recent tragedy that resulted in the death of a 10-year-old boy at a Kansas City, KS, water park serves as a reminder that accidents can and do happen. The U.S. Consumer Product Safety Commission estimates that over 4,200 people are treated at emergency rooms each year for injuries sustained on waterslides; that doesn’t take into consideration other water park-related injuries or near drownings. To find out more about the potential dangers of water parks and the steps being taken to improve their safety, read “Safety issues, statistics about water parks in the US.”

Despite Signed Waiver, Appellate Court Says Lawsuit against Trampoline Park May Proceed

August 1, 2016 | The Victor Rotolo Law Firm

A New Jersey appellate court recently ruled that a lawsuit brought against Sky Zone Trampoline Park by a family whose son was injured while engaged in an activity at the park can proceed despite the fact that the family had signed a waiver prior to the start of the activity.

Waivers of this type are common with commercially-run activities that are subject to potential injury. These waivers seek to preclude participants from holding the operating company responsible for any injuries incurred in the normal course of the activity in question.

When this particular case first went to trial, the trial court ruled that the dispute had to be brought to arbitration as stated in the waiver. The appellate court, however, ruled that the arbitration clause was unclear, thus paving the way for the case to be brought to trial. To learn more, read “Family can sue trampoline park for son’s injury, court says.”

Appeals Court Rules GM Can’t Use Bankruptcy to Avoid Lawsuits

July 18, 2016 | The Victor Rotolo Law Firm

A federal appeals court recently overturned a ruling by a federal bankruptcy judge that protected the reorganized General Motors Co. from lawsuits over defective ignition switches, and now the company potentially faces billions of dollars in liabilities.

The appeals court stated that when the company referred to as Old GM filed for bankruptcy back in 2009, it knew about the problems with its ignition switches but failed to disclose that information to the bankruptcy court. Those problems reportedly caused certain GM cars to stall unexpectedly leading to accidents, which have been linked to about 275 injuries and almost 125 deaths.

Terms of the bankruptcy protected the reorganized company, referred to as New GM, from most of the claims against Old GM, but the appeals court said that protection was tantamount to rewarding the company for concealing information. To learn more about this decision, read “Court Ruling Opens GM to Billions in Death, Injury Claims.”