New Jersey Injury Lawyers Blog

Did a Cost-Cutting Modification Affect the Safety of a Guardrail Element?

November 10, 2014 | The Victor Rotolo Law Firm

In 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⁾

Despite Rise in Number of Vehicle Recalls, Drivers Still Ignore Notices

October 27, 2014 | The Victor Rotolo Law Firm

Almost 20% of the cars and trucks on the road today have been the subject of a safety recall, making this the worst year in history for U.S. car makers.⁽¹⁾ Recalls have been issued for more than 50 million vehicles this year, surpassing the previous record of 30 million vehicle recalls in 2004. Despite these numbers, about one-third of drivers are said to ignore the recall notices they receive, an indication that the current warning system is not as effective as federal regulators would like.⁽²⁾

The most recent recall involves defective airbags manufactured by the Japanese firm, Takata, and this recall affects about 14 million cars from 11 manufacturers worldwide.⁽²⁾ In this country alone, almost 8 million vehicles from 9 manufacturers already have been recalled for this issue. Currently, recall efforts have been concentrated in the warmer, more humid regions because those climate conditions are thought to aggravate the problem; there is pressure, however, expand the recall to all affected vehicles nationwide.⁽⁴⁾

This latest recall has been especially troubling as it involves a major safety feature of the vehicles. The airbags, which are intended to protect passengers in the event of an accident, either are not expanding correctly upon impact or exploding. It is believed the propellant in these airbags, which is designed to burn and produce the gas that causes the airbags to inflate, is too strong. As a result, the container can rupture, flinging metal fragments into the car, injuring or killing passengers.⁽²⁾

Because of the seriousness of this defect, federal regulators have been urging vehicle owners to take immediate action. Currently, however, there are not enough parts available to repair all impacted vehicles. Some manufacturers are offering to deactivate the airbags and post a warning sign in the vehicle to remind people not to use the front passenger seat until the airbags can be repaired,⁽¹⁾ a solution that is impractical for many. Temporary solutions, such as this, lead to consumer frustration.

One of the reasons behind the rise in recalls may be that federal prosecutors are holding auto makers more accountable for injuries resulting from defects in their vehicles. Earlier this year, Toyota was fined $1.2 billion dollars for its shortcomings in connection with a recall of 10 million of its vehicles. Examples such as this could possibly encourage other auto manufacturers to be more forthcoming in announcing recalls.⁽¹⁾ Continue reading ›

October is Pedestrian Safety Awareness Month

October 13, 2014 | The Victor Rotolo Law Firm

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⁾

Poll: NJ Drivers Continue to Engage in Distracting Behaviors Despite Awareness of Their Risks

September 29, 2014 | The Victor Rotolo Law Firm

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 ›

Lawmakers Seek to Reduce Injuries among Student Athletes

September 15, 2014 | The Victor Rotolo Law Firm

Sports are a great way to keep our youth fit and active, but they do carry risks. Take for example last week’s reports on not one but two major league baseball players who were seriously injured when hit in the face by pitches.⁽¹⁾ Although any athlete is at risk for injury, the risks may be higher for children due do their inexperience and lack of training. In an effort to protect children from certain sports-related injuries through education and guidelines, two New Jersey lawmakers have co-sponsored a bill recently introduced in Washington.⁽²⁾

The bill is intended to offer protection for student athletes not only in New Jersey, but across the country. Titled the SAFE PLAY Act (Supporting Athletes, Families and Educators to Protect the Lives of Athletic Youth), the bill is said to be the most comprehensive of its kind in addressing both the safety and health of student athletes. It seeks to:

– increase awareness of risky cardiac conditions in children through educational resources;
– provide public schools with funds for cardiac training and equipment through grants;
– impose stricter requirements for treating and preventing concussions;
– outline safe practices for playing and practicing in hot weather;
– offer guidelines on the safe use of energy drinks; and

– seek more comprehensive emergency action plans for all school-sponsored athletic activities.⁽³⁾

Local Towns Make Efforts to Increase Pedestrian Safety; Study Reveals New Jersey Seniors Are Most at Risk

September 1, 2014 | The Victor Rotolo Law Firm

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⁾

Hotel Found Negligent in Patron’s Fall in Icy Parking Lot; Jury Awards $1.35 Million to Victim

August 18, 2014 | The Victor Rotolo Law Firm

icy parking lot

An icy parking lot has cost the Extended Stays America Hotel in Piscataway, NJ $1.35 million. That was the jury award in a suit brought against the hotel by a 64-year-old woman who was injured after she fell in the parking lot coming to the aid of another resident who also had slipped on the ice.⁽¹⁾

The incident occurred in January 2010 when Ruth Janiszak heard cries for help from another hotel resident. Ms. Janiszak ventured out into the parking lot to help the other woman get back to her apartment in the hotel. When that woman realized she had left her car keys in the parking lot, Ms. Janiszak returned to the lot to retrieve them, which is when she herself slipped on the ice. The fall aggravated a minor back problem Ms. Janiszak was suffering, resulting in her being required to undergo major surgery. Per reports, Ms. Janiszak continues to be plagued by mobility issues.⁽¹⁾

Case Updates: High Courts Rule on Privacy, Compensation Matters

August 4, 2014 | The Victor Rotolo Law Firm

In light of recent court rulings on both the federal and State levels impacting issues previously discussed in this blog, we would like to offer our readers the following updates.

A blog published here approximately one year ago entitled, “Proposed Law Would Allow Police to Search Cell Phones at Accident Scene without a Warrant” discussed a bill presented to New Jersey lawmakers that called for granting police officers at the scene of an accident the authority to search a cell phone’s history of calls and messages without obtaining a warrant. The intent of the bill was to help police in determining whether or not use of a phone contributed to an accident.

The bill was one more effort in the fight against distracted driving. While most people can agree that distracted driving is a growing problem plaguing the State’s roadways, the above-mentioned bill did meet with opposition from those believing it constituted an invasion of privacy, a viewpoint the U.S. Supreme Court appears to share.⁽¹⁾

Suit Filed Against Walmart for Negligence in NJ Turnpike Accident that Killed One and Injured Three Others

July 21, 2014 | The Victor Rotolo Law Firm

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⁾

Distracted Drivers to Face Increased Penalties for Violating State Laws

July 7, 2014 | The Victor Rotolo Law Firm

texting%20penalties.jpg 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⁾