Motor Vehicle Accidents

Ignoring the Fine Print May Cost You

October 16, 2024 | Kearns Rotolo Law

It seems every time you open a website or engage in an online transaction these days you are presented with a lengthy Terms and Conditions document, which you’re expected to read before proceeding. Many of us are guilty of simply clicking “Agree” and moving on. But have you ever wondered what rights you may be signing away by doing this? A New Jersey couple recently learned the answer to this the hard way.

The couple had been seriously injured in a motor vehicle accident when the Uber they were riding in ran a red light. A New Jersey high court recently denied their right to sue the ride-share company for their injuries. Why? Because a couple of months prior to the accident the couple’s minor daughter used her mother’s phone to order a pizza through Uber Eats. While using the app, she checked a box agreeing to waive trial rights. To learn why it’s important to read the fine print before agreeing to terms, read “Couple can’t sue Uber after daughter clicked away trial rights on Uber Eats.”

Road Safety Tips for Cyclists

August 21, 2024 | Kearns Rotolo Law

This is the time of year, with summer winding down to an end, we see an increase in traffic caused by people returning from vacation and heading back to work and school. At the same time, because the weather is still nice, we also see people continuing to enjoy their daily walks and bike rides. All of this leads to an increased risk of accidents.

In 2023, accidents involving cars vs. bikes resulted in 24 cyclist fatalities in New Jersey. For tips on what you as a cyclist can do to share the road safely with motor vehicles, read “How to Ride a Bike in Traffic.”

Can Technology Help Win the Fight Against Drunk Driving?

June 12, 2024 | Kearns Rotolo Law

Despite all the driver education programs, the Drive Sober campaigns, and the strict penalties, drunk driving is still one of the leading causes of all traffic fatalities in the U.S. In fact, in 2023 DUI-related traffic accidents resulted in more than 13,000 fatalities, or 35% of all traffic-related deaths that year.

In another effort to crack down on this risky behavior, Congress passed an act last November that, in part, directs the National Highway Traffic Safety Administration (NHTSA) to draft new safety standards that would require future passenger vehicles be equipped with technology to detect alcohol levels and prevent drivers exceeding legal limits from starting their vehicle. The NHTSA has until this coming November to submit a final ruling, or reasons why it couldn’t, and is currently seeking input. To learn more, read “Will cars in the future be equipped with devices to prevent drunk driving? …”

Pedestrians Beware: NJ Roads Found To Be Most Dangerous

February 15, 2024 | Kearns Rotolo Law

According to a recent study, pedestrian fatalities in this country have increased more than 50% since 2012. What’s more, the study found that New Jersey’s roads are the most dangerous for pedestrians, with pedestrian deaths accounting for 30.3% of all traffic accident fatalities in the State, compared with a national rate of 17.3%.

What’s behind this national increase in pedestrian deaths? According to the study, it’s a combination of factors including more people choosing walking over driving and more distractions, particularly cell phones, taking people’s attention away from their surroundings. But there are things both drivers and pedestrians can do to increase the safety of our roads. For some tips, read “New Jersey has the most dangerous roads for pedestrians.”

Practice Makes … Safer Drivers

January 15, 2024 | Kearns Rotolo Law

Everyone is familiar with the saying practice makes perfect; New Jersey officials are hoping it also makes for safer young drivers.

According to Advocates for Highway and Auto Safety, drivers between 16 and 19 are about three times more likely to be involved in a fatal car accident. Some of that increased risk can be attributed to inexperience. Hoping to improve those statistics, New Jersey Gov. Phil Murphy this month signed a law requiring supervised practice driving hours for drivers younger than 21 as a stipulation for obtaining their driver’s license. It is yet to be seen, however, how completion of those practice hours will be certified.

To learn more about this new law, which is expected to go into effect sometime in 2025, read “NJ Mandates 50 Practice Driving Hours for Teens – How Can You Prove It?”

Are Automatic Features Making Drivers Too Complacent?

December 15, 2023 | Kearns Rotolo Law

Each year auto manufacturers install more and more automatic features designed to make their vehicles safer for drivers and passengers alike. These features include sensors that automatically turn on headlights, dim high beams, even apply the brakes when an obstacle is detected, all so that drivers have less to think about. And therein may lie the problem.

It was announced this month that Tesla, the automaker known for its electric vehicles, has agreed to recall almost 2 million of its vehicles sold in the U.S. This recall follows a two-year investigation by the National Highway Traffic Safety Administration into a number of accidents that have occurred while the vehicles’ Autopilot feature was engaged. Unlike the name implies, the Autopilot system does not replace the need for a human driver. In fact, the system contains features designed to ensure drivers continue to pay attention to both their vehicles and road conditions when in motion. In question, however, is whether these features are enough to ensure drivers don’t become complacent behind the wheel. To learn more, read “Tesla Recalls Nearly All Vehicles Sold In US.”

Motorcyclists Are Among the Most Vulnerable on the Road – What More Can Be Done to Protect Them?

September 15, 2023 | Kearns Rotolo Law

The number of motorcyclists killed in traffic accidents in 2021 represents 14% of all reported traffic fatalities nationwide for that year, yet motorcycles accounted for less than 1% of vehicle miles traveled, according to the Centers for Disease Control and Prevention. Last month in New Jersey alone, there were at least five reported motorcycle fatalities.

New Jersey already has laws in place to help protect motorcyclists, but the stark numbers have led at least one State news publication to call for the establishment of a task force to study what more can be done to protect these riders from death or serious injuries. Read “Task force needed to combat motorcycle deaths | Jersey Journal editorial” to learn more.

The Consequences of Leaving the Scene

June 15, 2023 | Kearns Rotolo Law

Most drivers know that if they are involved in a crash, the right thing to do is remain calm, assess the situation, and report the accident to the proper authorities. Running is never the answer. Still, according to the AAA, the number of hit-and-run accidents has been on the rise across the nation recently.

Leaving the scene of an accident, no matter how minor, can only complicate the consequences. New Jersey law states that anyone who leaves the scene after hitting a person or property could be charged with a hit-and-run. This holds true even if you only hit a mailbox or sideswipe a parked car. The consequences of these charges are in addition to any charges resulting from the accident itself and will vary depending on the severity of the crash. To learn more about what leaving the scene of an accident could cost you, read “What to do after a hit-and-run in New Jersey.”

A Glaring Problem for Nighttime Drivers: Why Implementing A Solution in U.S. Is So Tough

May 15, 2023 | Kearns Rotolo Law

A combination of new LED lights, taller vehicles and fewer checks for headlight misalignment adds up to a glaring problem for nighttime drivers in the U.S. Although it is difficult to calculate how many motor vehicle accidents can be attributed to headlight glare, statistics do show that the fatality rate for nighttime accidents is three times higher than that of daytime accidents. Improving conditions to help reduce these crashes has long been a goal of safety regulators and the U.S. automobile industry.

Europe has been using adaptive driving beams to combat this problem for over a decade. Why is it taking so long to implement this technology in the U.S.? Read “Blinded by the light: Cars in the U.S. still lack glare-reducing headlights” to learn more.

Distracted Driving Remains a Major Cause of NJ Crashes

April 15, 2023 | Kearns Rotolo Law

Distracted driving continues to be a serious problem on roadways throughout the country and, unfortunately, New Jersey is not immune.

According to the NJ Division of Highway Traffic Safety, in about half of the accidents reported over a five-year period, distracted driving was cited as a contributing factor. In 2021, the latest period for which statistics were available, New Jersey State Police records showed this behavior was involved in almost 200 of the fatal crashes reported that year.

In view of these sobering statistics, police departments throughout that State currently are taking part in National Distracted Driving Awareness Month, a campaign intended to deter drivers from engaging in any behavior that takes their attention off of the road. To learn more about what constitutes distracted driving and the efforts behind the U Drive. U Text. U Pay campaign, read “Driver Inattention Cited in Half of Crashes on NJ Roads.”