Personal Injury Law Journal

Stephen M. Di Stefano

sdistefano@stark-stark.com
856.874.4443

Stephen M. Di Stefano is an Associate and member of Stark & Stark’s Accident & Personal Injury Group. Prior to joining Stark & Stark Mr. Di Stefano served as a judicial law clerk to the Honorable James E. Rafferty, Superior Court of New Jersey, Chancery Division for Gloucester, Cumberland and Salem Counties. During the time of his clerkship, Mr. Di Stefano reviewed all submissions ranging from motions to dismiss and motions for summary judgment to motions in limine and post trial motions. Mr. Di Stefano also conducted extensive research and prepared written judicial opinions, including findings of fact and conclusions of law. In addition to hearing chancery issues (including contested probate matters), the Court specializes in Mount Laurel (affordable housing) and environmental litigation.Mr. Di Stefano has also worked with several other law firms throughout the state of Virginia where he conducted discovery, argued motions in court, prepared appellate briefs for the Supreme Court of Virginia and other state and federal courts.

Almost anyone who has driven on a major highway in the US has seen some version of a digital billboard in use.  In the Garden State, digital signs and billboards have become commonplace, giving information on everything from traffic conditions to Silver Alerts.  These signs often display several screens of flashing information.  I’ve often wondered if they contribute to motor vehicle crashes due to the fact that drivers must often divert their attention from the road in order to read them.  Well, a recent study conducted by researchers at the Swedish National Road and Transport Research Institute and published in the journal of Traffic Injury Prevention concludes that such signs attract and hold the gazes of drivers for significantly longer than a threshold that prior studies had already shown to be dangerous.  The current study found that drivers looked at digital billboards for much longer than they looked at other signs on the same stretch of road.  The study found that digital signs often took a driver’s eyes off of the roadway for more than two seconds. 

Think this is not a threat to traffic safety?  A study conducted in 2006 by Virginia Tech for the National Highway Traffic Safety Administration showed that anything that takes a driver’s eyes off of the road for more than two seconds greatly increases the risk of a crash.  The same study also concluded that nearly 80% of all crashes involved driver inattention just prior (within three (3) seconds) of the crash.  The researchers concluded that digital billboards “have the potential to keep up the driver’s curiosity over an extended period of time.”  The Swedish researchers noted that the findings are not all that surprising because the signs are brighter and visible from greater distances, and they display a constantly-changing series of advertisements.  After the study’s release, the Swedish government ordered the removal of all digital billboards.  In the US, the use of digital signs and billboards on roadways continues to grow. 

When driving, always be safe and obey all rules of the road.  Do not let yourself be distracted by anything.  Otherwise, you could cause a car accident. 

Have you been injured as a result of a driver who caused a car accident because he or she was looking at a road sign or who was distracted by a digital billboard?  Call me to discuss your situation.  Any call to me or consultation is free of charge.        

Let’s say you are walking on the side of a road and you are hit and injured by a big rig as it barrels down the road.  Let’s also assume you own a car in NJ that is covered by a standard automobile insurance policy.  Who pays your medical bills?

If you owned a car in NJ with a standard policy of insurance on it at the time of your injury, at least a portion of your medical bills would be paid for by a specific type of coverage on your automobile insurance policy known as “Extended Medical Expense Benefits Coverage.”  State law requires that auto insurance companies in New Jersey include at least $1,000.00 of Extended Medical Expense Benefits Coverage in standard automobile insurance policies.  State law further explains that insurance companies may offer up to $10,000.00 of Extended Medical Expense Benefits Coverage in standard automobile insurance policies.  

So, if you, a pedestrian, are hit by a truck, you will have at least $1,000.00 available under the Medical Expense Benefits Coverage of your automobile insurance policy to be paid toward your medical bills for the accident.  You may have up to $10,000.00 in coverage, depending on which coverage amount you selected on your automobile insurance policy.  Most policies either carry $10,000.00 or $1,000.00 in Medical Expense Benefits Coverage.  

Insurance coverage can be a complicated issue, and rightfully so, for many consumers.  The statutes can be difficult to understand, and when an accident happens, probably the last thing you want to be confused about is your auto insurance coverage.  So if you or your family members have questions concerning the types of insurance coverage available, please call me to discuss it.  Insurance coverage is an important issue and should not be ignored.  Don’t assume that you have enough insurance coverage.  You can call me anytime, and I will be happy to answer your questions absolutely free of charge.   

Stephen Di Stefano is an attorney in Stark & Stark’s Marlton, New Jersey office, concentrating in Accident & Personal Injury Law. For more information, please contact Mr. Di Stefano.

Now that the temperatures outside have started to dip and the winter driving season is upon us, it is time to remind you of New Jersey’s ice and snow removal law. Remember to remove all ice and snow from your vehicle before driving, especially from the hood, windows, and roof. Motorists who fail to obey this law face fines of $25 to $75 for each offense, regardless of whether the ice and snow is dislodged from the vehicle. If flying ice or snow causes property damage or injury to others, motorists face fines of $200 to $1,000 for each offense.

Also keep in mind that flying ice or snow can cause a car accident, resulting in injury or death to anyone on the roadway. If you cause an accident and injure or kill someone, you could be sued and your assets could be at risk. So be safe and remove all ice and snow off of your car every single time before you drive. It could be the difference between causing an accident and getting home safely. If you or someone you know has been injured in an accident as a result of snow or ice that became dislodged from a vehicle on the roadway, contact me. I am here to help you, and, as always, any consultation with me is free of charge.

 Lastly, the State’s Division of Highway Traffic Safety offers some winter driving tips, which are worth repeating here. Read them over, and always remember to drive safely and follow all motor vehicle laws. The State’s winter driving tips are:

• Drive slow (at or below the posted speed limit) and adjust your speed for the changing road conditions.
• Turn on your headlights, using low beams when traveling in snow.
• Increase your following distance. In winter weather, travel at least eight to 10 seconds behind the car in front of you.
• Give snowplows plenty of room to work. Don't tailgate and try not to pass. If you must pass, take extreme caution in doing so. Remember, a snowplow operator's field of vision is restricted. You may see him, but they don't always see you.
• If you skid, don't brake or accelerate. Remove your foot from the gas, and gently steer your car in the direction of the skid (the direction the rear of your vehicle is sliding.) When your car starts heading in the desired direction, carefully straighten the wheel.
• Slow down before exiting the highway. Exit ramps often have icy patches, sharp curves and stalled or stopped vehicles.
• Have a personal safety kit easily accessible in your vehicle that includes: an ice scraper/brush; shovel; jumper cables or battery starter; blanket; sand, salt or kitty litter for traction; lock de-icer; flashlight and new batteries; extra windshield wiper fluid; safety flares/warning device; cell phone with spare battery; water and non-perishable food (i.e., granola or protein bars); and paper towels or a cloth.
• If your vehicle does become disabled, pull off the road as far as possible and turn on your emergency flashers. Remain with your vehicle until help arrives. If you can't get your vehicle off the road and are uncertain about your safety, do not stay in your vehicle or stand behind it. Proceed carefully to a safe location away from traffic.

Stephen Di Stefano is an attorney in Stark & Stark’s Marlton, New Jersey office, concentrating in Accident & Personal Injury Law. For more information, please contact Mr. Di Stefano.

 

You may have seen signs on the highway declaring Move Over.  It’s the Law.  What does that mean?  Do you know what the law requires you to do when you are driving and approach an authorized stationary emergency vehicle, tow truck, highway maintenance or emergency service vehicle?  If not, you should be aware that on January 27, 2009, then-Governor Jon S. Corzine signed into law a bill that requires drivers approaching stationary emergency vehicles, tow trucks and other highway safety vehicles displaying certain flashing lights to move over one lane or, if not safe to move over, then to slow down below the posted speed limit.  This is known as the New Jersey Move Over Law.  This traffic safety law was written to protect emergency personnel.  The law also aims to increase safety on the roadways and to reduce the number of injuries and fatalities that can occur when you are approaching an emergency situation on the roadway.  

The specific New Jersey Statute section is 39:4-92.2.  The actual statute reads as follows:

New Jersey Statute 39:4-92.2

Procedure for motorist approaching stationary authorized emergency vehicle, tow truck, highway maintenance or emergency service vehicle.

1. a. The operator of a motor vehicle approaching a stationary authorized emergency vehicle as defined in R.S.39:1-1 that is displaying a flashing, blinking or alternating red or blue light or, any configuration of lights containing one of these colors, shall approach the authorized emergency vehicle with due caution and shall, absent any other direction by a law enforcement officer, proceed as follows:

(1) Make a lane change into a lane not adjacent to the authorized emergency vehicle if possible in the existing safety and traffic conditions; or

(2) If a lane change pursuant to paragraph (1) of subsection a. of this section would be impossible, prohibited by law or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.

b. The operator of a motor vehicle approaching a stationary tow truck as defined in section 1 of P.L.1999, c.396 (C.39:3-84.6) that is displaying a flashing amber light or a stationary highway maintenance or emergency service vehicle that is operated by the State, an authority or a county or municipality and displaying flashing yellow, amber, or red lights shall approach the vehicle with due caution and shall, absent any other direction by a law enforcement officer, proceed as follows:

(1) Make a lane change into a lane not adjacent to the tow truck or highway maintenance or emergency service vehicle if possible in the existing safety and traffic conditions; or

(2) If a lane change under paragraph (1) of subsection b. of this section would be impossible, prohibited by law or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.

c. A violation of this section shall be punished by a fine of not less than $100 and not more than $500.

So, the next time you are driving in New Jersey and see a stationary authorized emergency vehicle, tow truck, highway maintenance or emergency vehicle, you should make sure to follow this law.  Keep in mind that if you do not move over or slow down, you could be punished with a fine of $100 to $500.  In this economy, that’s a lot of money.  No points will be assessed for the offense, however, you also need to keep in mind that when the state refers to “points” it means points added to your New Jersey driving record.  It does not mean that your insurance company won’t assess points to your driving record with that insurance company.  This means that if you get a ticket for breaking this the Move Over Law, there is a chance that your insurance rates could go up.  The moral of the story is always drive safely and be sure to obey the New Jersey Move Over Law as well as all other laws.  If you have any questions about this law, or if you have been injured as a result of an accident or incident where someone violated this law, please contact me.

Stephen Di Stefano is an attorney in Stark & Stark’s Marlton, New Jersey office, concentrating in Accident & Personal Injury Law. For more information, please contact Mr. Di Stefano.

Ever wonder what happens if you cause an accident in New Jersey while driving your friend’s car?  What if you injure someone else in the accident?  Whose insurance covers you?  What if you are hurt in the accident?  Who pays your medical bills?  These are all important questions to ask, and, fortunately, the answers are fairly straightforward.  If your friend gives you permission to drive his car, and you cause an accident while driving in New Jersey, the liability insurance coverage that covers that particular car will cover you when you cause an accident in that car.  That insurance company’s coverage will serve as your primary source of liability insurance coverage up to its policy limits for that particular accident.  (If your friend did not give you permission to drive his car, then his insurance company likely will not cover you, but for purposes of this particular blog post, let’s assume that he did let you drive his car).  Your own personal car’s insurance policy–assuming you have one–will provide secondary coverage to you up to its policy limits.  When I refer to liability coverage, I mean the type of coverage that will defend you for your negligence in causing injury to someone else in the accident.  If you have an excess insurance policy (commonly known as an “umbrella policy”) it is possible–but not definite–that it may provide additional coverage to you.  

Now what happens if you are injured in the accident that you caused while driving your friend’s car with his permission?  If you own a car, then that car’s insurance policy should pay for your medical bills in accordance with its policy terms and limits.  If you do not own a car but you live with a resident relative who owns a car, then that insurance policy should pay for your medical bills in accordance with its policy terms and limits.  If you do not own a car and do not live with any resident relative who owns a car, then the insurance policy covering your friend’s car should pay for your medical bills in accordance with its policy terms and limits.  

Confused?  You are not alone.  Let me try to change help you understand these sometimes-complicated issues better.  Call me anytime to discuss your insurance policy questions.  Auto insurance coverage is important and you should not just assume that you already have the coverage you need.  I will won’t charge you to answer your questions, and you might just end up having a better understanding of the benefits of having good insurance coverage.

Stephen Di Stefano is an attorney in Stark & Stark’s Marlton, New Jersey office, concentrating in Accident & Personal Injury Law. For more information, please contact Mr. Di Stefano.