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Deborah S. Dunn

ddunn@stark-stark.com
856.874.4443

Deborah S. Dunn, Associate, is a member of Stark & Stark's Personal Injury Group in the firm's Marlton, New Jersey office. Before joining Stark & Stark, Ms. Dunn served as a law clerk to The Honorable Thomas P. Kelly, Mercer County Superior Court, New Jersey and also clerked at Dubois, Sheehan, Hamilton & Levin. While in law school Ms. Dunn was actively involved in multiple community outreach programs. Ms. Dunn participated in Rutgers University's Civil Practice Clinic which provides individuals with access to lawyers able to assist with issues related to probate, disability, discrimination litigation and mediation matters. Additionally Ms. Dunn volunteered her time assisting underprivileged families providing advice on personal bankruptcy proceedings. She is also an adjunct professor for Mercer County Community College.

Entries authored by Deborah S. Dunn

Motorcycle Riders: Medical Coverage Misconception

There is a common misconception among motorcycle riders that if they are injured in a motorcycle accident, their car insurance or the insurance of the car that is responsible for the accident will be responsible to pay their medical bills.  That is not the case.  In New Jersey, as in many other states, car insurance companies are required by law to include minimum coverage for medical expenses associated with an auto accident in every policy they sell (this insurance is known as Personal Injury Protection or PIP).  Insurance companies are not required to provide the same coverage for medical expenses on motorcycle policies.  

What does that mean?  If you are injured as a passenger or driver of a motorcycle and you have standard motorcycle insurance, you will have no medical coverage unless your private health insurance carrier pays your bills.  

It may not make sense that medical expenses associated with a motorcycle accident are not covered by motorcycle insurance, since injuries suffered in motorcycle accidents are often much greater than those suffered in auto accidents.  However, riding a motorcycle is considered a “voluntary risk”.  Therefore, even though medical bills can be catastrophic, laws are not written to protect riders the same way they are written to protect drivers or passengers in cars.  Riders choose to accept the risk of injury for the love of riding.  However, that choice is often based on the general misconception that motorcycle coverage is similar to automobile coverage and as long as insurance is in place, injury to the rider is “covered”.  

Most riders are not aware that most motorcycle policies expose riders to various risks over and above the risk of injury.  An injured rider who paid for motorcycle insurance can end up without appropriate medical care and with enormous debt.  In addition, medical bills from a motorcycle collision often eat into and can easily exceed the other driver’s insurance limits, leaving minimal or no compensation for a rider even for injuries caused by someone else’s wrong doing.  

Some insurance companies offer optional Medical Payments Coverage for motorcycle policies, which is additional coverage that provides some minimal medical coverage to injured riders.  Riders should also check the amount of coverage available to them for collisions involving drivers without insurance or without enough insurance (known as Under Insured Motorist/ Uninsured Motorist or UIM/UM coverage).  In some instances, UIM/UM coverage can mean the difference between an accident and a tragedy.

Without the right protection, on top of physical impairment a motorcycle accident could result in enormous financial hardship.  Riders should manage that risk, by protecting themselves and making informed choices about insurance, before an injury occurs.  Feel free to call for a free insurance review now, before you need it.
                                                                                                                                    
Don’t let someone else’s mistake become your nightmare.

The Importance of Visibility for Motorcycle Riders

I have come across a number of bikers who were injured because another driver said he or she did not see the motorcycle, even though the biker said the car driver looked right at him or her just before pulling out in front of the motorcycle.  This is so common that studies estimate 43% of all motorcycle accidents occur as a result of an oncoming vehicle turning across the path of a rider.  Although car and motorcycle drivers often place blame on each other, citing lack of driver etiquette or recklessness as the cause, I recently ran across an article that suggests that this may actually have more to do with the human brain’s failure to recognize a motorcycle as a “threat”. Regardless of “why”, it is safest to assume that motorcycles are “invisible” to car drivers that share the road.  Safety organizations including the Motorcycle Safety Foundation and the Hurt Study support a high level of conspicuity as the best way to stay safe on a motorcycle.  Conspicuity is anything you can do to make sure you are seen while riding both during the day and at night. To achieve conspicuity, experts suggest that bikers take every opportunity to “be seen” by changing lanes, using the horn, wearing reflective clothing, using headlights at all times, using turn signals and flicking high beams - all to communicate position and intended position whenever possible.
 
Although there is always risk involved when riding a motorcycle, most bikers agree that their love for riding outweighs the risks involved.  Riding is a lifestyle.  Be careful not to allow someone else’s mistake ruin your lifestyle.

Dram Shop Liability

Traffic accidents are the leading cause of death from accidental injuries in the United States and the greatest single cause of all deaths between the ages of 1 and 34. Approximately one third of all traffic related deaths in the last two years were caused by alcohol-impaired drivers. While many survive alcohol related traffic accidents, they can cause catastrophic, life altering injuries and survival does not ensure a return to pre-accident health. Recovery for injuries can be crucial to the survivor’s future and can contribute to his or her overall ability to return to a pre-accident level of functioning. The early identification of all parties exposed to liability, as well as the identification of all potential defenses is essential to the ultimate recovery in any case.

In certain circumstances, liability for injuries caused by an intoxicated driver can extend beyond the intoxicated driver, to the establishment(s) that served him or her alcohol.  In New Jersey, it is illegal for a licensed beverage server to serve alcohol to minors or visibly intoxicated persons.  Like many states, New Jersey imposes liability on bars for serving minors who subsequently injure themselves or others.  This allows minors to sue a drinking establishment for their own injuries sustained while intoxicated.  It also allows others that were injured by the intoxicated minor to sue the drinking establishment that served the minor.  
 
In contrast to an injured minor, an injured adult is not permitted to sue for injuries sustained while operating a motor vehicle if his or her blood alcohol level is found to be above the legal limit, regardless of fault.  For example, if an intoxicated person is stopped at a red light and is rear ended by a distracted driver, the intoxicated person cannot sue the distracted driver for his injuries even though the intoxicated driver did not contribute to the collision.
                                        
If you or a family member is injured in an alcohol related traffic accident, early identification of all culpable parties is essential. Contact us to determine how to maximize your potential recovery.

Staying Safe This Winter: Flying Snow and Ice Cause Dangerous Conditions - Part 2

Highly publicized and fatal accidents caused by snow and ice flying off of moving vehicles have prompted some states to pass laws in recent years fining drivers of cars or trucks who do not clear snow and ice from their vehicles.
 
It is now the law in New Jersey for all drivers to clean snow off their cars completely. This is the law not only to prevent snow and ice on a vehicle from obstructing the driver of that vehicles view, but also to prevent hazards posed to others on the roadway caused by snow and ice flying off of the moving vehicle.    

New Jersey began imposing $25-$75 fines in 2009 that are upped to $200-$1,500 if the snow or ice causes damage or injury. Connecticut passed a similar law that will go into effect in 2013, and Massachusetts imposes fines for weather-related offenses on the Massachusetts Turnpike. Pennsylvania fines drivers if snow or ice from their vehicles causes serious injury or death.

In New Jersey, before moving a vehicle all snow and ice must be removed from the entire vehicle. New Jersey law states that a motorist is responsible for any ice that flies from his/her vehicle and causes death, injury or property damage. (N.J.S.A. 39:4-77.1.)

Staying Safe This Winter: Flying Snow and Ice Cause Dangerous Conditions - Part 1

Snow and ice flying from tractor trailers and cars have caused serious and even fatal accidents. How hazardous are those sheets when they land? In some cases, it could be solid ice that's coming at you at 60 miles an hour. 

The American Transportation Research Institute released a study in 2009 titled "Snow and Ice Accumulation on Vehicles" that included a survey in which 35% of tractor-trailer drivers said snow or ice had fallen from their vehicle and caused injury or property damage to another motorist. More than half the truckers surveyed (54%) said they rarely or never removed ice from the top of their vehicles. In these cases, speed is not the issue; negligence is. 

Keeping your vehicle safe for the road is part of your responsibility as an automobile owner. Many would never consider leaving a pile of snow or ice on his or her roof. However, others do not consider that it is unfair, not to mention illegal to leave snow and ice on your vehicle to fall on another driver's car.

The hazards posed to others on the roadway should be enough to encourage every driver to clear all snow and ice from his or her vehicle. If you choose not to and someone is injured as a result, you are exposing yourself to civil liability for those injuries as well as state imposed fines and penalties.

AAJ Report Highlights Potential for Injury Posed by Dangerous Toys - Part II

A report recently released by the American Association for Justice (AAJ) entitled, “Playing with Safety: Dangerous Toys and the Role of America’s Civil Justice System,” highlights hidden dangers posed by popular toys. Despite improved safety standards, toys continue to pose potential hazards to children ranging from choking to lead poisoning, brain injury and even death.

This United States imports over 30,000 tons of toys from foreign markets annually, accounting for approximately 95 percent of toys that are sold here. Since other nations do not have safety regulations as comprehensive as those enforced in the United States, imported toys are particularly dangerous as they pose various unknown dangers to children in the United States. For instance, earlier this year dangerous levels of cadmium (a toxic and cancer-causing metal prohibited in the United States) were discovered to be present in children’s jewelry made in China.

The AAJ pointed out in its article that the Consumer Product Safety Commission (CPSC) is dangerously under-resourced to cope with the flood of new products entering the U.S. marketplace. Until 2007, the CPSC had only 15 inspectors to monitor all ports in the United States for all products, only one of whom was employed to conduct safety tests on toys.   

Given the lack of resources and the limited power of the CPSC, dangerous products are often on store shelves for years before the public is aware of their dangers.

AAJ Report Highlights Potential for Injury Posed by Dangerous Toys

The American Association for Justice (AAJ) recently released a report entitled, “Playing with Safety: Dangerous Toys and the Role of America’s Civil Justice System.” The report highlights hidden dangers in some of today’s popular toys. Parents might be surprised by the potential injuries and hazards posed by toys despite improved safety standards.

According to the Consumer Product Safety Commission (CPSC), since 1974 it has issued more than 850 recalls for toy products. Many such recalls were due to hazards like magnets, lead, toxins and other dangers hidden in children’s toys. Between 2004 and 2008, there was a 12 percent increase in reports of toy-related injuries. Alarmingly, over the last 10 years, toy-related injuries have increased by 54 percent.

All consumers need to be aware of the hazards that toys can pose to children, even when the toy is used properly. There may be inherent dangers that are present in the toy, or defects that are unknown even to the manufacturer. Now that the holiday season is over, parents should pay great attention to the potential hazards posed by their children’s new toys.

Government Standards Improving Crib Construction Quality is Long Overdue

Over the last five years, there have been 11 recalls involving more than seven million cribs with drop-sides, because the side rail can malfunction and create a space big enough for a child to strangle in. This summer, the Consumer Product Safety Commission (CPSC) voted unanimously in favor of new proposed mandatory standards for cribs.  

Since then, I have read numerous articles and blog posts in which people state their belief that the impetus for these new standards originates from fear-based campaigns. I’ve read that government “pressure” to recall all drop-side cribs is created by “hysteria”. I've read about concerns for manufacturers and retailers being “stuck” with unsellable inventory, liability insurance issues and increased lawsuits. There are also those who are concerned that an immediate ban will create a hardship for day care centers and people who shop at thrift stores.  
 
Only those that have experienced how awful it is to find their child injured from an unsafe crib and/or endured the horror of losing their child understands the importance of safety standards and consumer awareness. Between November of 2007 and April of 2010, there were at least 36 deaths associated with crib construction. Hundreds more children have been injured.
 
There are so many horrifying stories about people who never imagined their child’s crib could be dangerous, let alone deadly place. It is for those children that have been injured and/or lost their lives and the families that are forever broken, that aggressive action ridding the U.S. marketplace, American homes, hotels and day care centers of all these types of cribs is absolutely necessary.
 
If faced with a choice, I don't believe anyone (not manufacturers, retailers, hotels, daycare centers and certainly not families) would trade a crib for the safety of a child. If you use a crib with a drop-side, it is important to check to see if it’s been recalled. If it has been recalled, or if it has loose or missing parts, you should immediately stop using it.

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