Articles Posted in Motor Vehicle Accidents

A lawsuit has been filed against Walmart Stores, Inc. claiming that the retailer’s negligence was a major contributing factor in a previously-reported accident on the New Jersey Turnpike that left one person dead and three others, including comedian Tracy Morgan, injured.⁽¹⁾

This accident, which occurred on June 7, has brought to light the issue of driver fatigue and its impact on long-distance truckers in particular. It had been reported that the driver of the Walmart truck involved in the accident had admitted to not having slept in the 24 hour period immediately preceding the accident, a violation of New Jersey law. Further, it was reported that the driver had been “on the job” for more than 13 hours prior to the accident. Federal law limits drivers to a 14-hour work day, with a maximum of 11 hours at the wheel between rests.⁽²⁾

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New stricter penalties went into effect last week for New Jersey drivers found guilty of texting while driving.⁽¹⁾

Effective July 1, fines for a first-time offender were increased to between $200 and $400 from $100. Anyone guilty of a second offense of texting while driving now faces fines between $400 and $600, and a third-time offender faces fines of between $600 and $800, plus a possible 90-day suspension of his or her driver’s license and three points against his/her driving record.⁽¹⁾

The increased penalties are part of an effort being made to help stem what has been dubbed “New Jersey’s Distracted Driving Decade.” A report issued this past spring disclosed that driver distractions were a major contributing factor in 1.4 million motor vehicle accidents on State roadways during the period from 2004 through 2013, representing about half of all crashes that occurred in that timeframe. In the decade from 2003 through 2012, more than 1,600 people were killed in crashes where inattention of the driver was listed as a major contributing factor.⁽²⁾

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The recent accident on the New Jersey Turnpike that killed one and injured three others including comedian Tracy Morgan, has attracted both local and national attention as lawmakers debate the best way to improve the safety of our roads, particularly as it relates to truck traffic.⁽¹⁾

This accident was not the only one to warrant this attention. Within days of Mr. Morgan’s accident, there were three other truck accidents in New Jersey, each of which claimed one life and injured several others. In fact, since 2009 fatal truck accidents have been on the rise, according to a study by the National Traffic Safety Board (NTSB). The agency noted that there were 3,921 deaths relating to truck accidents reported in the country in 2012.⁽¹⁾

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A New Jersey car dealership recently lost its appeal of a $5.5 million judgment against it in connection with a motor vehicle accident that seriously injured several members of a New Jersey family. ⁽¹⁾

According to reports, Roy Allen and several family members suffered injuries when the rear tire of their SUV blew out causing the vehicle to roll over on Interstate 95 in Virginia as the family was traveling to Florida on vacation in the spring of 2009. Just three days prior to that trip, Mr. Allen had the vehicle serviced at the Flemington Chevrolet dealership. ⁽¹⁾

In the fall of 2012, Mr. Allen’s estate (he had passed away from unrelated causes) and members of his family filed suit against Flemington Chevrolet, claiming the dealership was negligent in its service and that negligence was the cause of the accident. The jury hearing the case awarded the family $7.5 million in punitive and compensatory damages. The punitive portion of that judgment was later reduced to $3 million from $5 million, while the compensatory damages remained at $2.5 million, for a total judgment of $5.5 million. Flemington Car and Truck Country appealed that decision citing a flawless safety record for more than 30 years. ⁽¹⁾

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Tomorrow begins National Distracted Driving Awareness Month and law enforcement officials in Somerset County as well as other communities will step up efforts to ensure motorists keep their eyes on the road. ⁽¹⁾

Distracted driving is defined as engaging in any activity that takes the driver’s attention away from the road and that could include everything from watching videos to reading (including maps), grooming (shaving, applying makeup), talking to passengers, minding the kids, and eating or drinking. It is the use of electronics devices, however, that is seen as perhaps the most prevalent and troubling distraction. ⁽²⁾

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The number of motor vehicle fatalities across the country has steadily been declining. ⁽¹⁾ New Jersey is in line with these national statistics, having experienced a record low 544 fatalities in 508 crashes last year. For children birth through 8 years of age, this represents a 43% reduction in fatalities since 2002 according to preliminary statistics released by the New Jersey State Police. ⁽²⁾

Several factors have been credited with contributing to this decline: safer car designs, better engineered roads, improved medical care for traumas, and even the economy – people drive less when money is tight and fuel prices are high. ⁽²⁾ But the factor given the most credit for protecting children involved in car accidents is the appropriate use of safety restraints.

According to the National Highway Traffic Safety Administration (NHTSA) figures, it is estimated that car seats saved about 3,300 children between birth and 4 years of age from 2002 to 2011. If all children were properly restrained in car seats, the NHTSA estimated that an additional 800 lives could have been spared for that same period. ⁽¹⁾

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Recently a California woman was charged with speeding and distracted driving for wearing the newly-designed Google Glass (headgear that enables the wearer to view a computer screen) while behind the wheel. Those charges were dismissed last week only because it could not be proven that the computer device was operating while she was driving. ⁽¹⁾

This particular distraction has yet to be reported in New Jersey, but distracted driving, in general, continues to be a problem here as elsewhere in the country. Last spring the National Highway Safety Administration (NHSA) released its latest statistics for 2011 on distracted driving. According to the data, 660,000 people in the U.S. use cell phones or adjust other electronic devices while driving. Interestingly, the data also shows that the majority of drivers are in favor of prohibiting hand-held cell phone use and/or texting while driving and believe that the fines for these offenses should be at least $200. ⁽²⁾

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In recent months much attention has been given to pedestrian safety and now it is garnering even more attention.

The death rate of teenage pedestrians has risen 25% over the last five years, according to statistics released this past summer. Many of those deaths have been attributed to distracted walking. Safe Kids Worldwide, which is dedicated to preventing injuries in children globally, recently studied a group of 34,000 teenagers as they crossed streets in school zones. The group discovered one out of every eight middle school children and one out of every five high schoolers were distracted as they crossed the street. The study revealed 39% of the children wore headphones, 39% texted, 20% talked on the phone and 2% used some sort of handheld game or tablet as they crossed the street. ⁽¹⁾

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Careless driving charges are the most common charges drivers face, but should they warrant jail time? That’s a question facing the State Supreme Court and its decision could establish a guideline for municipal courts who commonly hear such cases. (1)

The Supreme Court is set to review the case of a woman who received a 15-day jail sentence for careless driving after she hit a pedestrian who, two months later, died from injuries sustained in the accident. The prosecutor of this case argued that the sentence was fair considering the actions and the harm they caused, while the defense attorney argued that no jail time should be imposed for a careless action even when the end result is death. (1)

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Drivers know that if they drive too fast they risk getting a ticket or, even worse, may cause a traffic accident. It would be safer to drive below the speed limit, right? Wrong. Driving below the posted speed limit could be just as dangerous as driving above it. In fact, the National Motorists Association references research that claims more accidents are caused by slower traffic than faster traffic. (1)

The problem with slow traffic is that it is not always obvious how slow is too slow. Occasionally, speed limit signs will post both a maximum and minimum limit; more often only the maximum allowed speed is posted. So, how slow is too slow? In general you are driving too slowly if you are traveling under the “normal speed of traffic” on that particular roadway. (2)

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