New Jersey Injury Lawyers Blog

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⁾

Verdict in Boy’s Beating Case Believed to Be Largest Award Ever Against State’s Child Welfare Agency

December 23, 2013 | The Victor Rotolo Law Firm

child%20abuse.jpg Earlier this month, a jury awarded $166 million to a Jersey City boy who was left blind and brain-damaged after a beating inflicted by his father when the boy was just four months old. This is believed to be the largest jury award ever levied against the State’s Division of Youth & Family Services (DYFS), which was found responsible for failing to protect the child from a father with a violent history.⁽¹⁾

In delivering its verdict, the jury awarded $57 million for pain and suffering, calculated based on the fact the child would require care for the rest of his life at an estimated cost of $2,000 per day. An additional $105 million was awarded to pay for anticipated medical costs and needs. Initially, both DYFS and the boy’s father were found responsible for his injuries but, when asked to determine the percentage of the award each should pay, the jury returned with the decision that DYFS was 100% responsible for the monetary award.⁽¹⁾

Motorists Are Reminded to Drive Sober This Holiday Season

December 10, 2013 | The Victor Rotolo Law Firm

police%20in%20car.jpg Police officials throughout the State are making efforts to ensure that holiday revelers stay safe this season by remaining sober when behind the wheel. The New Jersey Division of Highway Traffic Safety invested over $600,000 in this year’s “Drive Sober or Get Pulled Over” campaign, which will be enforced now through January 2, 2014.⁽¹⁾

The Christmas/New Year holiday season usually sees an increase in driving while intoxicated (DWI) or driving under the influence (DUI) incidents. A person with a blood alcohol content (BAC) at or above 0.08% is considered intoxicated, however, even people with a lower BAC can exhibit slower reaction times as well as impaired vision, judgment and alertness, which can negatively affect their driving.⁽¹⁾

Sorting through the Circumstance Surrounding Slip-and-Fall Injuries

November 25, 2013 | The Victor Rotolo Law Firm

Proving liability in a slip and fall injury is sometimes difficult as evidenced by two recent appellate court decisions:

“Bridgewater golf course not liable in alleged slip-and-fall accident, appeals court says”⁽¹⁾

“Appellate court rules employee’s fall should be covered by workers’ compensation”⁽²⁾

The first case involved a suit by a man who was injured in a fall suffered as he walked on a wet, carpeted footbridge at a Bridgewater golf course. The injured man filed suit against both the Somerset County Park Commission and operators of the golf course, claiming they neglected to provide a safe walkway for pedestrians and, therefore, were liable for his injuries. That claim was rejected by a lower court and the victim appealed that decision.⁽¹⁾

Are Our Laws Enough to Keep Student Athletes Safe?

November 11, 2013 | The Victor Rotolo Law Firm

Recent headlines regarding the after effects of head injuries sustained by former professional football players has brought the issue of concussions and youth athletes into the focus once again. Just last week, Hall of Famer Tony Dorsett disclosed that he was suffering from the early stages of a degenerative brain disease – chronic traumatic encephalopathy (CTE), which has been linked to repeated brain injury.⁽¹⁾

Dorsett is the third living pro football player known to be suffering from CTE and was one of thousands of players who filed suit against the National Football League over injuries related to concussions. Those players received a $765 million settlement from that suit this past August.⁽¹⁾

Efforts Being Made to Ensure Pedestrian Safety

October 28, 2013 | The Victor Rotolo Law Firm

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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⁾

Should Drivers Face Jail for Carelessness? Supreme Court to Decide

October 14, 2013 | The Victor Rotolo Law Firm

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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)

When It Comes to Driving, How Slow is Too Slow?

September 30, 2013 | The Victor Rotolo Law Firm

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)

School Is Open – Safety Is a Two-Way Street between Pedestrians and Motorists

September 16, 2013 | The Victor Rotolo Law Firm

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)

Court: Text Sender Needn’t Be Present to Share Liability for Accident

September 2, 2013 | The Victor Rotolo Law Firm

texting%20in%20car%202.jpg 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)