Now that winter is well underway, it is important to remind everyone to be careful not only when walking outside but also to be cautious when walking inside places, especially public buildings. Ice and snow on a customer’s shoes can easily become a major slip hazard when it gets tracked into a supermarket, retail store,
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Guardrails Can Help and Hinder During a Vehicle Accident
By Stephen M. Di Stefano on
Guardrails are a common occurrence. They are a vital safety component on thousands of highways and roadways across the country. They are designed to protect vehicles from leaving the road as well as to lessen the severity of a crash. Many motorists do not even take notice of them. Guardrail energy absorbing end terminals are…
FMCSA Considers Raising Minimum Levels of Insurance for Motor Carriers
By Bruce H. Stern on
Posted in Trucking Accidents
The Federal Motor Carrier Safety Administration (FMCSA) announced that it is considering a rule making that will increase the minimum levels of financial responsibility for motor carriers, including liability coverage for bodily injury and property damage, establishing financial responsibility requirements with passenger carrier brokers and to implement financial responsibility requirements for brokers and freight forwarders,…
Deadly Decisions: Driver of SUV Runs Over Cyclist and Hits Tree. 3 Dead. DWI Suspected
By Stark & Stark on
Posted in Bicycle Injury
A tragic news story out of Sacramento, CA serves as a reminder of the deadly consequences which can result from one’s decision to drive while under the influence.
According to local news reports, the California Highway Patrol advised that a cyclist and both occupants of an SUV were killed recently, when the driver of the…
Is Your Car Part of the Takata Airbag Recall?
Posted on
Posted in Injury Law, Motor Vehicle Accidents
By now you’ve likely heard of the massive recall of defective airbag inflaters manufactured by the Japanese company “Takata”. The recall involves many automakers from Japan, Europe and the United States, including, but not limited to: BMW, Chrysler, Ford, Honda, Mazda, Nissan and Toyota. Reports indicate that the inflators can explode under certain conditions, sending…
USDOT Announces Action Plan to Promote Safer Streets
By Stark & Stark on
Posted in Bicycle Injury
USDOT Secretary Anthony Foxx recently announced a new federal action plan, entitled “Safer People, Safer Streets” in response to recent data which have revealed that the incidence of cyclist and pedestrian fatalities caused by motor vehicle accidents is on the rise throughout the United States. Speaking to the assembled crowd at the recent the Pro…
Why We Need More Corporate Regulations and Less Tort Reform
By Bruce H. Stern on
Ten years ago, Candace Anderson, a 21 year old young woman, was convicted of criminal negligent homicide as a result of a one car motor vehicle crash. Ms. Anderson lost control of her 2004 GM Saturn Ion. Her fiancé, a front seat passenger, was killed in the crash when his passenger side air bag failed…
New Jersey Supreme Court Hears Argument on Two Bad Faith Cases in Uninsured/ Underinsured Motorist Cases
By Bruce H. Stern on
Posted in Injury Law, Motor Vehicle Accidents
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…
School Bus Safety
By Joel R. Rosenberg on
Posted in Community, Injury Law
Now that school is back in session and children and parents alike have become accustomed to the daily routine of school, it’s no time to let down your guard for school bus safety. Over 50% of the injuries that occur while getting on and off the school bus are to children 5 to 7 years…
Medicare Set Asides – Are They Required In Third Party Liability Claims?
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Posted in Injury Law, Medicare
Medicare Set Aside trusts (“MSA”) have been a part of the worker’s compensation world for some time now. However, the issue of whether MSAs are required in the context of 3rd party liability claims remains a bit of an open question. The lack of clear rules on this subject has been a source of…