New Jersey Injury Lawyers Blog

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⁾

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⁾