New Jersey Injury Lawyers Blog

Bill Would Encourage Parents to Think Twice Before Drinking and Driving with Children on Board

May 12, 2014 | The Victor Rotolo Law Firm

Parents who drink and drive with children in their car may face tougher penalties than other drivers who drink and drive alone or with other adults in their car. A proposed bill to make the stiffer penalties a law is currently under consideration in New Jersey.

New Jersey Assemblyman Charles Mainor (D-Jersey City) has proposed changing the State’s DUI laws making it a fourth degree crime for parents and guardians convicted of driving under the influence if a minor riding in their car suffers injuries as a result of an accident relating to that violation. These crimes would carry penalties of up to 18 months in jail and up to $10,000 in fines. If the DUI resulted in serious bodily injury to a child, the crime would then be considered a third degree offense, punishable by a jail term of between three and five years and up to $15,000 in fines. ⁽¹⁾

Appellate Court Confirms Car Dealer’s Responsibility for Crash Caused by Tire Blowout

April 28, 2014 | The Victor Rotolo Law Firm

blowout%20accident.jpg 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⁾

Judge Denies Motion for Yet another Trial in Case of Carpenter Injured in Falling Elevator

April 14, 2014 | The Victor Rotolo Law Firm

A New Jersey Superior Court judge earlier this month denied a motion for yet another trial in the case of a Sussex County carpenter who was injured in a 2005 elevator mishap as he was leaving work for the day. (1) This would have been the third trial of a lawsuit filed by the carpenter against the elevator maintenance company responsible for the upkeep of the elevator in which the injury occurred. Both previous trials ended in juries awarding multi-million dollar judgments in favor of the injured man.

The accident occurred on August 19, 2005, as Richard Tufaro, the carpenter, was preparing to leave work for the day. He boarded the elevator at Headquarters Plaza in Morristown to get to the lower parking level when the elevator malfunctioned, dropping two-and-a-half floors before coming to an abrupt stop. The force of the sudden stop allegedly threw Mr. Tufaro, who reportedly was wearing a tool belt weighing about 30 pounds and carrying a tool box weighing another 70, into the elevator panel. Testimony at the initial trial revealed that Mr. Tufaro suffered injuries to his neck, back, spine and shoulder as a result of the incident. He reportedly has been unable to work as a carpenter since the accident. (1)

Dangers of Distracted Driving Highlighted Throughout April

March 31, 2014 | The Victor Rotolo Law Firm

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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⁾

Two Recent Blasts Serve as Reminders to Take Precautions to Avoid Gas Explosions

March 17, 2014 | The Victor Rotolo Law Firm

gas%20explosions.jpg In the past two weeks, two major explosions occurred in New Jersey and neighboring New York City, resulting in lost lives, numerous injuries and devastating property damage. Both explosions are suspected to be the result of natural gas leaks.

On March 4, an explosion tore through a Ewing, N.J. townhouse complex, killing one resident and injuring seven others. More than 20 units were damaged, leaving their residents displaced. ⁽¹⁾ One week later, on March 12, a similar explosion destroyed two five-story buildings in New York City’s East Harlem section. That explosion left eight people dead and around seventy injured. ⁽²⁾

Data: Safety Restraint Laws Do Save Lives

March 3, 2014 | The Victor Rotolo Law Firm

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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⁾

Ignition Switch Problem Causes General Motors Recall of Out-of-Production Cars

February 17, 2014 | The Victor Rotolo Law Firm

recall%20blog.jpg Automobile recalls are nothing unusual, but the recall announced by General Motors recently has the automaker facing some serious issues and some unique obstacles as well.

Last week, GM released a statement regarding its plans to recall about 780,000 Chevrolet Cobalts and Pontiac G5 cars because of faulty ignition switches. The problem is that the use of heavy key rings or vibrations from riding over rough roads can knock these switches out of drive and into the accessory or off positions, causing the cars to stall unexpectedly. This can also cause a disruption in the car’s electrical system, knocking out the power steering and power-assisted braking system of those cars that have these features. Additionally, this problem can result in deployment failure of the driver’s and front passenger’s airbags. ⁽¹⁾

Planning a Party? Understand Your Responsibilities as Host

February 3, 2014 | The Victor Rotolo Law Firm

This past weekend, thousands of people who couldn’t make it to the Meadowlands held their own Super Bowl parties, but how many gave thought to their responsibilities as host? A number of problems could arise for which a host could be held responsible; some more obvious than others. Among those problems are:

• Slip and fall accidents resulting from weather-related conditions, broken or defective surfaces, insufficient lighting;
• Dog bites, even from animals not known to be aggressive; and
• Injuries or accidents resulting from alcohol consumption. ⁽¹⁾

Despite Stiff Penalties, Distracted Driving Continues at Alarming Rate

January 20, 2014 | The Victor Rotolo Law Firm

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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⁾

Will Ignition Interlock Devices Replace License Suspension for New Jersey Drivers?

January 6, 2014 | The Victor Rotolo Law Firm

ignition%20interlock.jpg A new bill pending approval by the State Legislature could trade license suspensions for installation of ignition interlock devices (IIDs) for New Jersey drivers convicted of driving under the influence. Although the bill was approved by a special panel of the State Assembly last month and an equivalent bill was approved by the full Senate last summer, the change is meeting some resistance.⁽¹⁾

Current New Jersey law permits courts to order IIDs be installed on the cars of certain drivers who have been convicted of a DUI offense, specifically those convicted of a second or subsequent offense and first-time offenders who registered a blood alcohol content of 0.15% or higher, which is about double the legal limit.⁽²⁾ These devices operate similarly to a breath test. The driver is required to blow into the device before starting his or her car. If alcohol is detected in the driver’s bloodstream, the car will not start, thus preventing an alcohol-impaired driver from getting on the road. Proponents of the pending bill say federal statistics show a 67% reduction in recurrent DUI offenses as a result of IIDs.⁽³⁾