Personal Injury Law Journal

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.

The American Suzuki Motor Corporation filed for bankruptcy protection in November, 2012 and stated that it would stop selling cars in the United States. The Chapter 11 restructuring petition was filed in United States Bankruptcy Court in Santa Ana, California. The plan allows the company to restructure so it can continue to sell Suzuki motorcycles, all-terrain vehicles, and marine outboard engines. Suzuki has been selling cars in the United States since 1985; the Samurai Sports Utility and the Swift Compact were its best known vehicles.

When a company files for bankruptcy, it limits the ability of the consumer to bring a lawsuit against the company. If you believe that you have a claim against Suzuki for any reason, it is important that you consult a lawyer immediately.

Michael Donahue is a Shareholder and in the firm's Lawrenceville, New Jersey office, concentrating in Accident & Personal Injury Law. For more information, please contact Mr. Donahue.

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.

My lawyer does not return my phone calls. Sadly I hear this all too often from potential clients who have retained another lawyer to represent them in their pending personal injury case. These disgruntled victims have already been injured by the carelessness of a defendant`and now they find themselves in an information blackout because the attorney who they have trusted to champion their cause will not even return a phone call. This behavior on the part of the lawyer is inexcusable.  When accident victims call me in desperation because their lawyer will not call them back, I provide the following advice. Call the offending attorney's office and schedule an appointment to meet with that lawyer. At the meeting be polite but direct and inform the attorney that when you call you expect a return call within 24 hours. Let the lawyer know that if he or she is unable to meet your expectation you will terminate their service and retain new counsel.  However, before firing your current lawyer make sure that you have new counsel ready, willing and able to take your case.  At Stark and Stark, it is our privilege to represent you in your personal injury case.

J. Robert Bratman is a Shareholder and member of Stark & Stark's Lawrenceville, New Jersey office, concentrating in Accident & Personal Injury Law.  For more information, please contact Mr. Bratman.

With the winter months approaching and the holiday shopping season upon us, please be sure to take extra care when you are driving and when you are walking to and from your car.  As temperatures fall, ice can easily form on roadways, driveways, steps, parking lots, sidewalks, and walkways.  Think you can’t slip and fall on ice because there’s been no snowstorm?  Think again.  Oftentimes, people slip and fall on ice in areas where there has been no snowstorm at all or after the storm has long passed through the area.  Ice can form from the slightest amount of water or liquid on the ground.  What typically causes most slips and falls on ice is a dangerous melt and re-freeze scenario.  This occurs when ice or snow melts as temperatures rise, frequently in the daytime.  The snow or ice melts and begins to form puddles of water.  When temperatures begin to fall as the sun sets, the puddles frequently turn into patches of ice, thus putting pedestrians at risk for slips and falls and drivers at risk for skidding.  Many businesses put rock salt and sand down after a snow or ice storm, but once the storm passes they rarely remember to continue to look for patches of ice from melt/re-freeze situations.  This means that you now must be extra careful when walking or driving.   What might look like a harmless puddle of water could actually be black ice.  If you walk over it, you might slip and fall.  If you driver over it, you could lose control of your car and cause a crash.  Asphalt and concrete surfaces are extremely hard and can get extremely slippery from ice, so always pay extra attention when you are walking to and from your car.  If, unfortunately, you do slip and fall from ice on the ground, call me to discuss your situation.  I am here to help you.  The same is true if you get into a car crash from a patch of ice in a parking lot.  If you are injured as a result of ice on the ground, you may want to take photos of the area to help prove that there was ice on the ground.  Many times, people return to take photos of an area where they have fallen, only to discover that the ice has melted by the time they returned to the site of their injury.  If you see ice as you are walking, try to safely avoid the area.  Try to walk in well lit areas where it will be easier to see ice that has formed.  If at all possible, try to walk only in daylight when it will be easiest to see ice on the ground and ice will be more likely to have melted from sunlight and higher daytime temperatures.  We hope you and your families have a safe holiday season and don’t ever need to call an attorney.  But if you do unfortunately get injured or know someone who has been injured as a result of ice on the ground, call us to discuss the situation.  We are here to help you.

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.