Category: New Jersey laws

Tractor Trailer Causes Delays on I-95 Ramp

I-95

A tractor trailer transporting blueberries caused major delays on I-95 in Ridgefield Park on Wednesday, February 15th when it overturned. Just before 2 p.m. the tractor trailer was driving on an exit ramp for Interstate 80 off of Interstate 95 when it overturned, and was blocking most of the roadway, which caused traffic delays. The blueberries on the truck had to be taken out before the tractor trailer could be turned upright. No injuries were reported in the New Jersey truck accident.

We are thankful that no one was injured in the New Jersey truck accident in Ridgefield Park.

According to a report released by the National Highway Traffic Safety Administration, “in 2000, there were 4,9301 large trucks involved in fatal crashes, 101,000 large trucks involved in injury crashes, and 351,000 large trucks involved in property damage-only crashes for a total of 457,000 large trucks involved in crashes.” The same report also states that large trucks (defined as trucks weighing over 10,000 pounds) “are 20 percent to 55 percent more likely to be involved in a fatal crash than a passenger car.”

If you have been injured in a truck accident, personal injury lawyers in NJ or PA can provide you with more information regarding your rights as a victim. Depending on the details of your specific case, you may be entitled to financial compensation for your medical bills, rehabilitation costs, or other damages suffered as a result of the truck accident. For over 17 years, the award-winning personal injury attorneys at Console & Hollawell have been serving victims and their families in NJ and PA. With a 97% success rate, Console & Hollawell has the tools to obtain the maximum compensation for injured victims.

Photo Credit: Rhode Island DOT

Lawyer’s Perspective: Fatal Chesterfield School Bus Accident

Empty elementary school bus

We were devastated to hear about the fatal school bus accident that occurred yesterday in Chesterfield. The accident happened in the morning hours and it involved a Chesterfield elementary school bus and a dump truck. The crash sent the bus into a utility pole and resulted in the death of one student and another 17 were injured—3 are reported to be in critical condition.

According to reports from the Associated Press, the girl who passed was the daughter of New Jersey State Trooper, Sgt. Anthony Tezsla. She was a triplet and it was reported that her two sisters, who were also on the bus, are in critical condition at Camden’s Cooper University Hospital.

Our deepest sympathies go out to the Tezsla family and the families of the other students injured in this horrific accident.

School Bus Seatbelt Laws

This accident brings up questions of the safety of school buses. A report compiled by the Connecticut General Assembly investigated the school bus seat belt laws in various states as well as the federal standards in place. According to the report, the federal standard states that all buses under 10,000 pounds must be equipped with seat belts but not buses over that weight. There are only six states that have statutes in place requiring seat belts on these larger buses: California, Florida, Louisiana, New York, Texas, and New Jersey.

Although it is required that school buses have lap belts in New Jersey there is not much in the way of enforcing students to wear them. The statute (N.J. Stat. Ann. § 39:3B-10 and § 39:3B-11) explains that students are required to wear their seat belt while the bus is in motion but the owner and operator of the bus is not liable should injury result from the student’s failure to wear the belt.

There has been a lot of discussion as to why there are not stricter standards for seat belts on these vehicles to which the National Highway Traffic Safety Administration gave the following explanation:

There is no question that seat belts play an important role in keeping occupants safe in theses vehicles, however school buses are different by design and use a different kind of safety restraint system that works extremely well.
Large school buses are heavier and distribute crash forces differently than do passenger cars and light trucks…NHTSA’s 2002 Report to Congress found that the addition of lap belts did not improve occupant protection for the severe frontal impacts that were studied for that report…[The National Academy of Sciences] also stated that the funds used to purchase and maintain seat belts might be better spent on other school bus safety programs and devices that could save more lives and reduce more injuries.

The full text of NHTSA’s response to school bus safety can be found here. We believe that all students should wear their seat belts while on the bus. Again we send our most heartfelt thoughts to the families of the children involved in this accident.

What Happens If I am Partially At Fault for My Accident?

Young woman involved in road accident

Not all accidents are cut and dry when it comes to determining fault. There are times when the fault is both yours and the other entity, but that does not necessarily mean you do not have a personal injury claim. In New Jersey and Pennsylvania there is what is referred to as Modified Comparative Negligence, which is the system used to determine how much fault bars you from seeking damages for your accident.

The Modified Comparative Fault works on a 51 percent bar stipulation. What this means is that if you are found to be 51 percent or more responsible for your accident then you cannot seek compensation. If you are 50 percent or less responsible then you can still seek damages, but your award will be reduced based on your degree of fault.

For example, say you were found to be 10 percent responsible for your car accident and you were originally awarded $100,000 chances are this award would most likely be reduced by 10 percent to $90,000. There are many factors that could contribute to you being partially at fault. One example of this is say you are in a car accident that was caused by the other driver, but you were not wearing your seat belt—you would be partially at fault. This is because if you had been wearing your seat belt your injuries would not have been as severe.

Some other reasons that you may be partially at fault include:

  • You saw the floor was wet, but there was no sign. You slipped and fell on the water. There should have been a sign so yes there is fault on the entity that owns the location, but if you saw it you should have made reasonable efforts to avoid stepping in the water.
  • You were in a car accident in which another driver rear-ended you, but you were driving under the influence. The other driver caused the accident, but you hold some fault for dangerously choosing to drive while intoxicated.
  • There is a box blocking your path of walking and you choose to try and step over it or get around it. The box shouldn’t have been there and it did create an avoidable hazard, but by choosing to attempt to bypass it you are assuming some risk.

These are just a few examples, but it is best to speak with a qualified personal injury lawyer in New Jersey about the specifics of your accident. The attorneys at Console & Hollawell have been protecting the rights of accident victims for more than 17 years and are ready and able to help you get the compensation you deserve. Call us today at (866) 778-5500 to set up your free, confidential consultation.

Fatal Lakewood Crash

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Four vehicles were involved in an accident on Cedar Bridge Road in Lakewood on Saturday February 11th, which resulted in the death of two people and injured four others. Around 3 p.m. 20-year-old Enrique Bravo-SanataMaria lost control of his vehicle and collided with two vehicles heading the opposite direction. A fourth vehicle veered off of the roadway in an attempt to avoid the collision, and hit several trees. Bravo-SanataMaria was taken to Kimball Medical Center, where he was pronounced dead shortly after the accident. His passenger, 19-year-old Giancarlo Miranda, was pronounced dead at the scene of the New Jersey car accident. A husband and wife in one of the vehicles involved were taken to Jersey Shore University Medical Center to receive treatment for the injuries they sustained in the accident.

Our thoughts and prayers are with the family of Enrique Bravo-SanataMaria and Giancarlo Miranda, who were killed in the tragic accident in Lakewood on Saturday.

According to a report released by the Center for Disease Control, “motor vehicle crashes are the leading cause of death among those age 5-34 in the U.S.” The same report also states that “more than 2.3 million adult drivers and passengers were treated in emergency departments as the result of being injured in motor vehicle crashes in 2009.”

If you have been injured in a car accident, contact a personal injury lawyer in NJ or PA to learn more about your rights as a victim. You may be entitled to financial compensation for your medical bills, rehabilitation costs, or other damages suffered as a result of the accident. For over 17 years, the award-winning personal injury attorneys at Console & Hollawell have been protecting victims and their families in New Jersey and Pennsylvania. With a 97% success rate, Console & Hollawell has the experience and dedication to obtain to maximum compensation for injured victims.

Photo Credit: Architizer

Plainsboro Pedestrian Accident

Fox Run Apartments Plainsboro, NJ

A Chinese citizen residing in Fox Run Apartments in Plainsboro was in critical condition following a pedestrian accident on Wednesday, February 8th. Around 6:45 a.m. 62-year-old Fanggen Jiang was walking across Plainsboro Road at Dey Road when he was struck by a 2011 Mercedes-Benz driven by 45-year-old South Brunswick resident, Man M. Sapra. Jiang was taken to Helene Fuld Medical Center in Trenton to receive treatment for the injuries he sustained in the New Jersey pedestrian accident. No charges have been filed yet, but the accident remains under investigation.

We hope that Fanggen Jiang is able to make a swift and full recovery from the injuries he sustained in the pedestrian accident on Plainsboro Road on Wednesday.

According to the National Highway Traffic Safety Administration, “in 2009, 4,092 pedestrians were killed and an estimated 59,000 were injured in traffic crashes in the United States. On average, a pedestrian was killed every two hours and injured every nine minutes in traffic crashes.” The same report also states that in the same year “pedestrian deaths accounted for 12 percent of all traffic fatalities, and made up 3 percent of all the people injured in traffic crashes. Over 90 percent of the pedestrian fatalities occurred in single vehicle crashes.”

If you have been injured in a pedestrian accident, contact an injury lawyer in NJ or PA to learn more about your rights as a victim. Depending on the details of your specific case, you may be entitled to financial compensation for your medical bills, rehabilitation costs, or other damages suffered as a result of the pedestrian accident.

Photo Credit: Cushman & Wake

New Jersey Police to Conduct DUI Enforcement on Super Bowl Sunday

DUI checkpoint

New Jersey State Troopers will be out in full force this Super Bowl Sunday on the lookout for those who are driving under the influence. According to a news report in The Star-Ledger, Super Bowl Sunday is one of the deadliest days of the year on the nation’s highways. This year is particularly worrisome in the tri-state area because of what’s at state for Giants fans. The biggest problem on Super Bowl Sunday, officials say, is the increase in car accidents that involve drunk driving. Nearly one third of all highway fatalities on this day involve someone who is driving under the influence.

Staying Safe This Weekend

There are several steps you can take to remain safe this Super Bowl weekend. First, if you don’t have to get on the road, avoid it. There is an increase in the number of drunk drivers on Super Bowl Sunday. So, by getting on the road, you are putting yourself at risk. If you go out to a party or to a friend’s home to watch the game, see if you can stay the night at their place. Please do so especially if you’ve been drinking.

Photo Credit: USA Today