New Jersey Injury Lawyers Blog

Basic Steps to Help You Recover Damages from a Motor Vehicle Accident

May 25, 2012 | The Victor Rotolo Law Firm

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)

When An Accident Results from Distracted Driving Are Both Parties to the Text Responsible?

May 7, 2012 | The Victor Rotolo Law Firm

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)

Bullying Victim to Receive $4.2 Million in Settlement with School District

April 22, 2012 | The Victor Rotolo Law Firm

Schloss Rosenstein (Photo credit: Sapperlott)

Earlier this month, a $4.2 million settlement of a lawsuit against the Ramsey School District by the family of a former student who was left paralyzed as a result of a bullying incident was announced. This settlement is thought to be the largest yet in a personal injury lawsuit involving bullying. (1) If, after reading the following, you need the assistance of a Hunterdon County lawyer with a similar situation, contact the personal injury attorneys at Ragland Law Firm in Lebanon, N.J.

Back in 2006, Sawyer Rosenstein, then 12, reportedly was punched in the stomach by classmate Kenneth Major. Later that day, Rosenstein complained of back pain and, two days later, he was brought to the hospital in excruciating pain. A blood clot had formed interrupting blood flow to the spine. Despite several surgeries, Rosenstein has been left permanently paralyzed from the waist down. (2)

Appeals Court Rules That Slip-and-Fall Lawsuit against Church Can Proceed

April 1, 2012 | The Victor Rotolo Law Firm

Fischerhude Chruch (Photo credit: Wikipedia)

A New Jersey State appeals court recently ruled that a trial judge acted too quickly when granting summary judgment to a Hudson County church involved in a slip-and-fall lawsuit, proving that where responsibility lies in such accidents is not always clear-cut. (1)

In November 2008, Fatma Mohammed fell after stepping into a dip in the sidewalk adjacent to a Jersey City church suffering soft-tissue injuries. Ms. Mohammed sued the church for failure to maintain the sidewalk. (1)

Motorist Fined after Failure to Clear Truck Results in Injuries to another Driver

March 26, 2012 | The Victor Rotolo Law Firm

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)

Who Is Responsible When Pony Kicks Onlooker?

March 11, 2012 | The Victor Rotolo Law Firm

Image via Wikipedia

For equestrians, New Jersey is the place to be. According to a State website, there are more horses here per square mile than anywhere else in the nation. (1) As with any sport, however, injuries can occur and when they do, who is at fault – the owner of the horse farm or the participant? That’s the question facing a Hunterdon County court this week. If, after reading the following, you need a Hunterdon County lawyer to assist you with a similar situation, contact the personal injury attorneys at Ragland Law Firm, located in Lebanon, N.J.

On March 16, a Hunterdon County judge is scheduled to decide whether or not a lawsuit against Tir Na Nog, LLC and its owner, Margaret Donovan, should be dismissed. The suit stems from a 2002 incident in which Lindsey Ward was kicked in the face and head by a pony as it was being lead off a trailer at the farm. Ms. Ward and her parents filed suit in June 2011 against the farm, its owner and Jodi Cox, who brought the pony to the farm on the day of the incident. (2)

Judge: PIP Does Not Preclude Accident Victims from Recovering Excess Medical Expenses

February 26, 2012 | The Victor Rotolo Law Firm

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)

Contract Releases High Bridge from Liability in Fall Lawsuit

February 12, 2012 | The Victor Rotolo Law Firm

The Borough of High Bridge recently was released from liability in a pending lawsuit over a fall on the grounds of the Solitude House Museum thanks, at least in part, to terms of a leasing contract between the Borough and the Union Forge Heritage Association (UFHA). The Association, however, may still be liable for injuries suffered in that fall. (1) If, after reading the following, you need assistance seeking damages for injuries resulting from an accidental fall, particularly in Hunterdon County, contact the personal injury attorneys at Ragland Law Firm located in Lebanon, NJ.

In September 2009, Steven and Pamela Jones were visiting the Solitude House Museum when Steven slipped on a step hidden by fallen leaves. The couple was on their way to the Annex, a separate building on the property, when the accident occurred. In the fall, Mr. Jones fractured both wrists and suffered cuts to his face. (1)

The couple, who claims Mr. Jones continues to have limited movement and pain in his wrists, filed a lawsuit in January 2010, against the Borough of High Bridge as owner of the property, UFHA and several individuals. (1)

Court: County Not Responsible for Pothole That Caused Death of Cyclist

January 29, 2012 | The Victor Rotolo Law Firm

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)

Court: Alcotest Reliable But Not Necessary for Drunk Driving Conviction

January 15, 2012 | The Victor Rotolo Law Firm

The State Appellate Division recently confirmed that the high-tech Alcotest to determine a person’s blood alcohol level is not necessary to proving a drunk driving case. In fact, a person suspected of driving under the influence can be convicted solely on the results of field testing, according to the court. (1) If after reading the following, you need a Hunterdon County lawyer that can assist you with a similar situation regarding drunk driving laws in New Jersey, contact DWI attorneys Ragland Law Firm located in Lebanon, New Jersey, on Route 22 in the westbound lane.

The case dates back to October 2008 and involves a woman who was stopped in Manchester Township for driving erratically. The woman admitted to having two glasses of wine but said her swerving was caused by reaching down to retrieve something she had dropped. Roadside sobriety tests were administered and the woman failed. She was then brought to the police station where she agreed to take an Alcotest, which showed her blood alcohol level to be 0.15. (1) The legal limit in New Jersey is 0.08. (2)

The woman blamed her poor performance on the sobriety tests, which included walking a straight line heel-to-toe and maintaining balance with feet together and while standing on one foot as directed, on her Graves disease, an autoimmune disorder, and the fact she was wearing high heels at the time. Her lawyers questioned the validity of the Alcotest since the officer who administered it had not observed her for the required 20 minutes prior to testing. As a result, they said the test results should not be considered.(1) The 20-minute observation period is intended to ensure the suspect does nothing that could alter the results of the test. (3)