New Jersey Injury Lawyers Blog

Case Updates: High Courts Rule on Privacy, Compensation Matters

August 4, 2014 | The Victor Rotolo Law Firm

In light of recent court rulings on both the federal and State levels impacting issues previously discussed in this blog, we would like to offer our readers the following updates.

A blog published here approximately one year ago entitled, “Proposed Law Would Allow Police to Search Cell Phones at Accident Scene without a Warrant” discussed a bill presented to New Jersey lawmakers that called for granting police officers at the scene of an accident the authority to search a cell phone’s history of calls and messages without obtaining a warrant. The intent of the bill was to help police in determining whether or not use of a phone contributed to an accident.

The bill was one more effort in the fight against distracted driving. While most people can agree that distracted driving is a growing problem plaguing the State’s roadways, the above-mentioned bill did meet with opposition from those believing it constituted an invasion of privacy, a viewpoint the U.S. Supreme Court appears to share.⁽¹⁾

Suit Filed Against Walmart for Negligence in NJ Turnpike Accident that Killed One and Injured Three Others

July 21, 2014 | The Victor Rotolo Law Firm

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⁾

Distracted Drivers to Face Increased Penalties for Violating State Laws

July 7, 2014 | The Victor Rotolo Law Firm

texting%20penalties.jpg 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⁾

Lawmakers Review Regulations Intended to Eliminate Driver Fatigue, Improve Road Safety

June 23, 2014 | The Victor Rotolo Law Firm

truck%20crashes.jpg 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⁾

Parents Are Alerted Once Again to the Dangers of Nap Nanny Baby Recliners

June 9, 2014 | The Victor Rotolo Law Firm

More than a year after being recalled, the Nap Nanny baby recliner has been attributed with the death of another baby prompting the U.S. Consumer Products Safety Commission (CPSC) to release an urgent appeal for all parents to immediately discontinue use and discard the product.⁽¹⁾

The recliner, manufactured by Baby Matters LLC, a Pennsylvania company no longer in business, was designed to help relieve babies from the discomfort of gas and/or congestion. However, the product has been at the center of controversy since early 2010 when the company voluntarily recalled 30,000 of its recliners following the reported death of a four-month-old. At that time, the CPSC and Baby Matters had received 22 complaints, most involving babies five months of age and younger; these children were found hanging over the side or having fallen from the recliner despite being fastened in.⁽²⁾

New Jersey Boaters May Face Tougher Penalties for Leaving the Scene of an Accident

May 26, 2014 | The Victor Rotolo Law Firm

boating%20accidents.jpg Memorial Day marks the unofficial start of summer – the season that draws many people to the water for recreation. Those whose warm-weather activities include boating should be aware of pending legislation that would increase the penalty for anyone leaving the scene of a boating accident in New Jersey waters. ⁽¹⁾

The proposed change, recently approved by the State Assembly’s Law and Public Safety Committee, would make it a second degree offense to leave the scene of a boating accident if the accident results the death of anyone involved. Second degree offenses are punishable by a prison term of five to ten years and/or up to $150,000 in fines. If the accident results in serious injury, leaving the scene would be considered a third degree crime punishable by three to five years in prison. Additionally, the proposed legislation would increase penalties for failing to assist injured parties at the accident. ⁽¹⁾

Bill Would Encourage Parents to Think Twice Before Drinking and Driving with Children on Board

May 12, 2014 | The Victor Rotolo Law Firm

Parents who drink and drive with children in their car may face tougher penalties than other drivers who drink and drive alone or with other adults in their car. A proposed bill to make the stiffer penalties a law is currently under consideration in New Jersey.

New Jersey Assemblyman Charles Mainor (D-Jersey City) has proposed changing the State’s DUI laws making it a fourth degree crime for parents and guardians convicted of driving under the influence if a minor riding in their car suffers injuries as a result of an accident relating to that violation. These crimes would carry penalties of up to 18 months in jail and up to $10,000 in fines. If the DUI resulted in serious bodily injury to a child, the crime would then be considered a third degree offense, punishable by a jail term of between three and five years and up to $15,000 in fines. ⁽¹⁾

Appellate Court Confirms Car Dealer’s Responsibility for Crash Caused by Tire Blowout

April 28, 2014 | The Victor Rotolo Law Firm

blowout%20accident.jpg 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⁾

Judge Denies Motion for Yet another Trial in Case of Carpenter Injured in Falling Elevator

April 14, 2014 | The Victor Rotolo Law Firm

A New Jersey Superior Court judge earlier this month denied a motion for yet another trial in the case of a Sussex County carpenter who was injured in a 2005 elevator mishap as he was leaving work for the day. (1) This would have been the third trial of a lawsuit filed by the carpenter against the elevator maintenance company responsible for the upkeep of the elevator in which the injury occurred. Both previous trials ended in juries awarding multi-million dollar judgments in favor of the injured man.

The accident occurred on August 19, 2005, as Richard Tufaro, the carpenter, was preparing to leave work for the day. He boarded the elevator at Headquarters Plaza in Morristown to get to the lower parking level when the elevator malfunctioned, dropping two-and-a-half floors before coming to an abrupt stop. The force of the sudden stop allegedly threw Mr. Tufaro, who reportedly was wearing a tool belt weighing about 30 pounds and carrying a tool box weighing another 70, into the elevator panel. Testimony at the initial trial revealed that Mr. Tufaro suffered injuries to his neck, back, spine and shoulder as a result of the incident. He reportedly has been unable to work as a carpenter since the accident. (1)

Dangers of Distracted Driving Highlighted Throughout April

March 31, 2014 | The Victor Rotolo Law Firm

distracted%20driving%20month.jpg

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⁾