In September, the New Jersey Supreme Court heard argument in two cases, which address the issue of bad faith conduct by an automobile insurer in failing to fairly investigate and resolve uninsured/underinsured (UM/UIM) claims brought by two of its policyholders. In New Jersey, when a person is injured as a result of the negligence of… Continue Reading
Personal injury attorneys are advocates for people who have been injured in an accident, whether it is a slip and fall, trip and fall, work related, car, motorcycle or recreational accident. Our job is to represent the rights of the injured party, not the insurance company. So, why do personal injury attorneys have such a… Continue Reading
Under a new law called the “Kulesh, Kubert and Bolis’ Law,” proof that a defendant was operating a hand-held wireless telephone while driving a motor vehicle may give rise to the presumption that the defendant was engaged in reckless driving. Prosecutors are empowered to charge the offender with committing vehicular homicide or assault when such type of accident occurs from reckless driving. Vehicular homicide is generally a crime of the second degree, punishable by imprisonment of five to ten years, a fine of up to $150,000, or both. Assault by auto is a crime of the fourth degree if serious bodily injury occurs and a disorderly persons offense if bodily injury occurs. A fourth degree crime is punishable by up to 18 months imprisonment, a fine of up to $10,000, or both. The penalty for a disorderly persons offense is imprisonment for up to six months, a fine of up to $1,000, or both.
Many of the people who drive in New Jersey live out of state. I am one of those people. While I live in Pennsylvania, 90% of the driving I do is in New Jersey. Under these circumstances, I wanted to find a way to take advantage of Pennsylvania’s lower auto insurance premiums while avoiding New Jersey’s restrictive limitation on lawsuit or “verbal threshold” laws.
Trucks and commercial vehicles are a part of everyday life. No matter what road you are driving on, the chances are good that you will see a tractor trailer or some other truck sharing the roadway with you. Most truck drivers are safe and follow the rules of the road. But sometimes trucks cause accidents, and when they do, the results can be catastrophic. Here are two such examples.
If you haven’t been cryogenically frozen or living under a rock for the last decade, then you’re aware of the extremely important campaign against “distracted driving.” Most people automatically think of cell phones when they hear the term “distracted driving.” While the campaign against distracted driving focuses heavily on the incredibly dangerous and bad habit of talking or texting while driving, it is intended for much more than cell phone users. The goal is to prevent “DISTRACTED DRIVING”; this means talking on your cell phone, texting, reading, eating, drinking, shaving, applying makeup (you get the picture) while driving. The message is simple: DO NOT DRIVE DISTRACTED. As my father always said, “when you’re driving, drive.” It’s that simple, and yet every day countless people get in their cars and drive distracted. Too frequently people try to multitask behind the wheel and end up injuring themselves or others.
Car accidents, unfortunately, are a fairly common occurrence in daily life. With the rise of the popularity of smart phones and other communication devices, car accidents have become even more frequent. What should you do if you are in a car accident? It sounds like a simple question, but you might be surprised to know that many people don’t know what to do when a car accident occurs. The information below is merely a guide on what you may want to do if you are involved in a car accident.
A woman was arrested and charged with leaving the scene of an accident resulting in death and tampering with evidence in Trenton, NJ. Upon questioning, Christina Rosario admitted to the police that while driving on March 5, 2014, she struck a man. She claimed that she stopped to check on the victim and he seemed to be fine. She then left the area without waiting for police nor did she herself report the accident later on. The man she struck died two days later. She was charged with evidence tampering because she left the State to have her windshield repaired to hide evidence of the collision.
Advocates for Highway and Auto Safety is an organization founded in 1989 by executives of the major property and casualty insurance companies and prominent consumer and safety leaders. Over the course of the past 25 years, the organization has been a strong leader in encouraging the adoption of federal and state laws, policies and programs that prevent vehicle crashes, save lives, reduce injuries, and contain costs. They recently released their “2014 Roadmap of State Highway Safety Laws”, which provides a guide for state elected officials on what laws their states are lacking and where action is needed.
The recently released “2014 Roadmap of State Highway Safety Laws”, issued by Advocates for Highway and Auto Safety, provides a wealth of interesting and sometimes troubling information.
According to the National Highway Traffic Safety Administration (NHTSA), there were 3,328 people killed and 421,000 injured in crashes involving a distracted driver in 2012. This statistic is probably low, given the likely underreporting of crashes involving cell phones because of differences in police crash report coding, database limitations and other challenges. It is obvious, nonetheless, that the increasing use of electronic devices, such as mobile phones and text messaging, is a significant source of driver distraction. A body of research has established that the use of these devices involves a significant degree of cognitive distraction, and as a result, the behavior of drivers using mobile phones, whether hand-held or hands-free, is equivalent to the behavior of drivers at the threshold of the legal limit for alcohol (0.08% BAC). Under these circumstances, crash risk increases dramatically when a driver is using a mobile phone, and it sometimes can be as much as four times higher.