Category: JERSEY!

A Quick Recap On New Jersey Personal Injury Law

Motorcycle Accident LawThroughout the course of any person’s daily routine, they are likely to engage in at least a few activities which have the potential to place their health and personal well-being at considerable risk. One of the most basic activities that many of us engage in on a daily basis, motor vehicle transportation, is also easily one of the riskiest. Because of the considerable force that a moving car, motorcycle, or other type of motor vehicle carries, a crash involving an automobile is often an extremely dangerous situation.

In 2010, the latest year for which data are available, 556 fatalities occurred as a result of motor vehicle accidents in the state of New Jersey. Of these, 71 occurred as a result of an accident involving a motorcycle. Motorcycle accidents may be particularly dangerous, as riders have significantly fewer safety features available to help protect them from injury.

There are many reasons why motorcycle accidents occur in New Jersey, but one problem which has begun to pose an increasingly significant threat is the rise of distracted driving caused by cell phone use. In 2011, 3244 accidents were caused by drivers who were distracted because of calling or texting on their phones. However, law enforcement agencies have increasingly begun to target drivers who use their cell phones, which is a crime in the state of New Jersey. Recently, in fact, a teenaged driver was convicted of motor vehicle homicide for the death of the driver of a vehicle which he crashed into because he had been texting on his phone, the first case of its kind in the nation.

Most car accidents involving cell phone use don’t result in fatalities, but they can still leave those involved in the accident badly hurt, sometimes requiring medical intervention for their injuries. This can be quite costly, particularly if the individual has insufficient or no insurance. Fortunately, personal injury law allows individuals who have been hurt by the reckless or negligent actions of others (a category under which driving while using a cell phone falls under) to pursue compensation for their damages.

Leading Causes of Death in New Jersey

As much as automobile accidents can pose a threat to the health and safety of New Jersey citizens, it remains a minor cause of mortality in the state. The leading causes of death in the state of New Jersey, in fact, are mostly medical in nature, and include the following:

  • Ÿ  Heart Disease
  • Ÿ  Cancer
  • Ÿ  Stroke
  • Ÿ  Chronic Lower Respiratory Diseases
  • Ÿ  Unintentional Injury

With many of these medical issues, particularly heart disease and cancer, early detection of possible warning signs is critical to improving a patient’s prognosis. Unfortunately, in some cases, a doctor may fail to register appropriate concern about certain risk factors, which can make a patient more likely to suffer the adverse effects of an illness later on.

As is the case with negligent drivers who cause injuries to others, doctors who fail to exercise the caution and professionalism expected of their position may be held liable for the damages they case to their patients through a medical malpractice lawsuit.

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New Jersey Red Light Ticketing Halted Over Bogus Timing

It seems that what we always suspected was happening turned out to be absolutely true: municipalities in Jersey are gaming red light ticketing devices in order to bilk more money out of taxpayers. After an investigation revealed that a great number of ticketing intersection, 63 out of the 85 examined in fact, failed to meet the legal requirements for timing the signals in order to be used in a red light ticketing format. All of the lights have since been prohibited until such time as they can be individually certified as correctly timed because of issues with distracted driving.

Despite the presence of extensively rules on the application of red light ticketing systems, the vast majority of municipalities blatantly ignored them in favor of calibrations which generate significantly more revenue for the city. This is in part because the legislation which allows the pilot program uses a different formula for determining the proper yellow light duration for a particular intersection than NJDOT uses when installing basic lights elsewhere.

The proper duration of yellow lights at these signals is set to be 10% of the speed limit, which is intended to be the speed at which 85% of the traffic passing through the intersection moves at. According to a New Jersey criminal lawyer the break in the chain occurs when municipalities set these speed limits too low, resulting in light times which motorists are unable to gauge whether they need to stop in order to make the light safely. Studies have shown that yellow lights which are shorter by only a second than the time recommended result in a 110% increase in citations, with the vast majority of these infractions coming within the first .25 seconds following the light turning red.

In other states, increasing the yellow time on intersections using automated ticketing by just one second resulted in an immediate 80 percent reduction in violations, indicating that improper timing is the direct cause of most violations, and not error on the part of those cited.