Articles Posted in Motor Vehicle Accidents

A picture of my dog.

A picture of my dog. (Photo credit: Wikipedia)

A recent national survey of pet owners disclosed that 39% of all households in the U.S. include at least one dog. (1) That equates to a lot of people enjoying the benefits of their canine companions, but with those benefits come responsibilities, some of which are not so obvious. If you need help sorting through the responsibilities and liabilities of dog ownership in Hunterdon County, the personal injury lawyers at Ragland Law Firm of Lebanon can help.

New Jersey has a dog-bite statute which holds the dog owner responsible if his or her dog bites anyone in a public place or on private property as long as the person bitten was on that property lawfully. Under this statute, the dog owner is strictly liable even if he or she had no knowledge of the dog’s potential for viciousness. This statute, however, applies only to dog bites and no other injuries that may be caused by the dog. (2)

A Chevrolet Malibu involved in a rollover crash

A Chevrolet Malibu involved in a rollover crash (Photo credit: Wikipedia)

A motor vehicle accident can shake up even an experienced driver. Staying calm and following a few basic steps can help you collect insurance claims or file a personal injury lawsuit if it comes to that.

First, stay at the scene of the accident. Leaving the scene could result in penalties, including suspension of your driver’s license, and could definitely hurt your insurance claims or lawsuit. (1)

Texting on a qwerty keypad phone

Texting on a qwerty keypad phone (Photo credit: Wikipedia)

By now most people are aware that distracted driving – particularly talking or, perhaps worse, texting on cell phones – is to blame for an increasing number of motor vehicle accidents. Studies show texting drivers have a slower reaction time than even those with the legal alcohol limit in their systems and that distracted drivers are more likely to be involved in accidents than non-distracted drivers.(1) But what role does the person on the other side of the phone play? That’s the question one New Jersey couple is asking the courts to address.(2) If, after reading the following, you need a Hunterdon County lawyer to assist you with a similar motor vehicle violation, contact the personal injury attorneys at Ragland Law Firm in Lebanon, N.J.

On Sept. 21, 2009, David and Linda Kubert were riding their motorcycle when they were struck by a pick-up truck driven by then 18-year-old Kyle Best. Each of the Kuberts lost a leg as a result of the accident. Police later determined Best was looking at his cell phone at the time of the crash. He was cited for careless driving, failure to use a hands-free device, and making an unsafe lane change. He pled guilty and was ordered to pay fines of $775 and address 14 high schools on distracted driving dangers; he was allowed to keep his driver’s license without suspension however. (2)

The third generation Isuzu Elf

The third generation Isuzu Elf (Photo credit: Wikipedia)

Although New Jersey didn’t see much snow and ice this winter, residents should not forget their responsibility to clean off their vehicles when the harsh weather returns. Just last week, a municipal court judge ruled against a driver who forgot to do just that. If, after reading the following, you need a Hunterdon County lawyer to assist you with a motor vehicle violation, contact the personal injury lawyers at Ragland Law Firm in Lebanon, N.J.

The case stems from a January 2011 incident in which Cheryl Desiderio-Huberdeau was injured when ice from the roof of a passing box truck flew off shattering her Jeep Wrangler windshield. (1) Desiderio-Huberdeau suffered cuts to her face and had glass removed from her eyes as a result of the incident. (2) On March 22, 2012, Sparta Municipal Court Judge John Mulhern found the truck’s driver, Kristopher Heine, guilty of not removing snow and ice from his vehicle, as required by state law, and imposed a fine of $750. (1)

Deutsch: Ein Straßenverkehrsunfall in Kopenhag...

Image via Wikipedia

Does Personal Injury Protection (PIP) limit a motorist’s right to sue for medical expenses to treat injuries suffered in a car crash? The answer lies in the interpretation of the no-fault insurance laws. If, after reading the following, you need a Hunterdon County lawyer to assist you with a similar situation, contact Ragland Law Firm located in Lebanon, N.J., which is in close proximity to Clinton and Flemington.

In a recently published decision, a Union County Superior Court judge ruled that people injured in an automobile accident may sue for medical expenses not covered by insurance regardless of the amount of PIP they carry. This decision contradicts an earlier ruling in which a Bergen County Superior Court judge concluded that those who choose to pay a lower premium for less protection give up their right to sue for excess expenses. (1)

A few months back we posted an article addressing the question to what extent are local governments liable for damages or injuries resulting from damaged roadways. (1) The State Supreme Court recently settled that question when it issued its ruling on Polzo v. County of Essex. If after reading the following you need assistance recovering damages from pothole-related accidents, contact the personal injury lawyers at Ragland Law Firm in Lebanon, N.J.

Back in August of 2001, Mathi Kahn-Polzo was biking along the shoulder of the roadway with friends when she hit a pothole and fell from her bike striking her head. Even though she was wearing a helmet at the time of the accident, she died a few weeks later from head injuries suffered in the fall. In 2002, Ms. Kahn-Polzo’s husband filed suit against Essex County seeking wrongful death damages and survivor benefits. (2)

In the suit, Mr. Polzo claimed Essex County was responsible for his wife’s death since it had failed to repair the pothole, which was on a county-owned road. The Torts Claims Act restricts liability of local governments but does require them to repair damages for which they have been given “constructive notice.” The question the Court grappled with was whether or not that responsibility extended to include the establishment of an inspection program to detect such damages. (1)

A recent post on YouTube highlights what can happen when drivers try to run red lights; the post shows footage of crashes and near misses in New Jersey intersections. But do the red light cameras being installed at various locations throughout the State help or add to the dangers? If, after reading the following, you have issues with traffic violations in Hunterdon County, consider contacting the municipal court attorneys at Ragland Law Firm in Lebanon, NJ.

The YouTube video shows ten actual accidents that occurred on our roadways as drivers try to beat the light, including:

• A Hudson County driver being t-boned after running a red light;

Legislators have been presented with several recommendations, which are intended to make our roadways safer and, if adopted, would affect drivers of all ages. If you have been involved in a situation involving injuries because of allegedly unsafe driving, contact the personal injury lawyers at Ragland Law Firm, located in Hunterdon County, NJ.

The NTSB (National Transportation Safety Board) recently recommended prohibiting all use of cell phones, as well as other electronic devices, while driving. The NTSB is encouraging all states in the nation to adopt this ban, claiming that even the use of hands-free devices poses potentially dangerous distractions to drivers. (1) The NTSB wants the ban to apply to all non-emergency use of electronic devices. (2)

The American Automobile Association has stated that one-third of U.S. drivers use their cell phones regularly or fairly often while driving. The Department of Transportation claims that the simple fact of a phone conversation causes drivers to miss both audio and visual cues that could have helped them avoid an accident. (1)

New Jersey experienced an 18% increase in fatal car accidents during the first quarter of 2011. Officials attribute this rise, at least in part, to distracted driving.(1) High on the list of distractions for motorists is the use of cell phones and State officials are taking steps to change this behavior. If, after reading the following, you need a car accident lawyer in Hunterdon County or the surrounding areas to assist you in a similar situation regarding traffic violations, contact the Ragland Law Firm in Lebanon, N.J.

Since March of 2008, talking on a hand-held cell phone and/or texting has been a primary offense in New Jersey, meaning police may stop and ticket a driver solely for the reason of witnessing that driver using a hand-held device. Today such an offense carries a $100 fine and no points on the driver’s license.(2) But that may soon change. There are five bills before the Legislature which, if passed, would give New Jersey the distinction of having the toughest cell phone use laws on the books.(1)

Among the major consequences of the pending legislation would be a graduated increase in the amount of fines associated with distracted driving and the possible suspension of a driver’s license. According to reports, fines under the new law would start at $200 for the first offense and climb to $600 for the third and subsequent offenses. Drivers would also be subject to suspension of their driver’s license for 90 days for third and subsequent offenses.(1)

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