New Jersey Injury Lawyers Blog

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)

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“License, registration and cell phone,” are words New Jersey motorists may soon hear from police responding to the scene of an accident if a newly proposed bill wins approval.

The bill seeks to give police the right to look through the phone’s call and message history without a warrant in order to determine whether or not use of the phone could be a contributing factor to the accident. The bill would allow a police officer to confiscate a driver’s hand-held phone after an accident resulting in death, injury or property damage if that officer has reason to believe the driver was operating the phone at the time of the accident. (1)

Much has been written lately about the dangers of distracted driving, with use of cell phones high on the list of distractions. A recent MSN article concerning which type of tickets most affect insurance rates stated that reckless driving was considered one of the biggest offenses leading to increase insurance rates. While it was noted that the definition of reckless driving varied by state, at least one state – Virginia – said it was considering categorizing texting while driving as reckless driving. (2) Recently New Jersey increased its penalties for drivers caught using a hand-held cell phone or texting while driving.

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One Hunterdon County man was killed and another critically injured when the all-terrain vehicle (ATV) they were riding ran off the road in upstate New York last weekend. Tragic incidents like this highlight the need for the safety rules and regulations established for those who enjoy the sport of riding their ATV’s. (1)

In New Jersey, kids as young as 14 can operate an ATV. No permit or license is necessary, but the vehicle must be registered and insured. Proof of an up-to-date registration and insurance must be carried whenever the vehicle is being operated. Children under 18 must participate in ATV Safety Institute classes, unless they only ride their vehicles in special licensed events. (2)

There are also regulations regarding the power of the vehicles. Children under 16 may not operate a vehicle that has an engine capacity of more than 90 cubic centimeters while in training or on public lands or crossing public roads. In fact, such vehicle cannot be sold to anyone under 16. (2)

We have all been stuck behind that driver who sits in the left lane blocking other cars from passing. Soon, however, those drivers may face higher fines if a bill recently passed by both the State Senate and General Assembly gets Gov. Chris Christie’s approval. (1)

According to New Jersey’s Driver Manual, drivers are required to “keep to the right, except when passing.” State law requires motorists to drive in the right-hand lane when such a lane is available for travel, except when preparing to make a left-hand turn or when overtaking another vehicle. (2)

Although the law has been on the books for a long time, it seems few drivers pay it any attention, if they are even aware of it. While the State Judiciary reported that 4,233 tickets were issued last year for failure to keep right, State Police have said drivers usually are not cited for this violation unless they continue to drive in the left lane for three miles or more. (3)

As schools wound down for their summer break, local law enforcement agencies took steps to help ensure a safe summer for everyone. In High Bridge, local police officers visited students during the last days of class to review safety tips, including bicycle safety laws. One South Jersey town took a somewhat more creative approach by issuing “friendly tickets” to all children caught wearing safety helmets while riding their bikes. The tickets entitle holders to a free water ice.

(1) New Jersey law requires all children under age 17 to wear a safety helmet while riding bikes, scooters, skateboards and in-line skates. The intent of the law is to cut down on head injuries, which are among the most serious type of injury because they can result in permanent brain damage. Head injuries are also the leading cause of death among bicyclists.

(2) A study of 13 northern New Jersey counties, including Hunterdon County, released last December reported that there had been 19,551 bike accidents in those areas over the last 10 years. Of those accidents, 81 resulted in fatalities. One of the reasons for the high number of accidents is that more bikes are taking to roadways designed for motor vehicles.

School may be coming to a close for the year but attempts are already underway to increase the safety of school buses for our children when they return to class next September.

This past school year has seen what appears to be a rash of accidents involving school buses:

• Last June, 39 Pennsylvania school children, aged 9 and 10, were treated for minor injuries after two of the four buses they were riding in were involved in a rear-end collision on Interstate 80 in New Jersey as the children were being transported to an outing at Six Flags Great Adventure. (1)

Springtime and its milder weather attract more motorcyclists to the roads, and more vehicles on the road means a greater chance for accidents. Unfortunately, data shows that the fatality rate for motorcycle accidents nationwide has increased for the 14th time in the last 15 years. (1)

A motorcyclist’s risk of being involved in a fatal accident is 35 times greater than someone riding in a passenger car, according to the U.S. Department of Transportation National Highway Safety Administration (NHTSA). The NHTSA also noted that motorcycles are involved in 11% of all motor vehicle accidents in this country. (2)

Head injuries are the leading cause of death in motorcycle accidents, and the recent rise in fatalities has been linked to the ongoing trend by states to repeal their helmet laws.(1) NHTSA data shows that motorcyclists who don’t wear helmets face a 40% greater risk of death from head injuries than those who do wear helmets. The NHTSA’s data further shows that it is estimated that helmets cut the risk of fatalities in motorcycles crashes by 37%. (2)