According to researchers from the University at Buffalo, safety ratings do not always describe the true risk for injury in a car accident. Specifically, in a head-on collision between a passenger car and an SUV, those in the car have a seven times higher risk for injury regardless of the car's safety ratings.
]]> Where a car has a safety rating higher than the SUV, the study concluded that they were four times more likely to sustain fatal injuries. When the SUV has a higher safety rating than the car, the passengers in the car are 10 times more at risk for fatal injuries."When two vehicles are involved in a crash, the overwhelming majority of fatalities occur in the smaller and lighter of the two vehicles," said the author of the study. That part may not be considered rocket science to our readers, but the author went on to say that "even when the two vehicles are of similar weights, outcomes are still better in the SUVs."
The conclusion of this study is that passenger cars tend to be less protective of their passengers than an SUV when the two collide despite their safety ratings. That's what the data showed researchers under these circumstance, but it doesn't change the laws regarding victims' right to compensation after the negligence of another causes them injury.
Source: Claims Journal, "Passenger Car Drivers More Likely to Die in Crashes With SUVs Regardless of Safety Ratings," Denise Johnson, May 15, 2013
]]>The lawsuit had been filed over alleged systematic discrimination against black employees as a part of a campaign to have individuals with blond hair and blue eyes represent the brand. The U.S. Equal Employment Opportunity Commission conducted its own investigation involving one woman, making a finding that her termination had been based on her race.
]]> As a part of the alleged systematic discrimination, minority employees were denied equal pay. Those that wanted to apply for a promotion to manager were denied the opportunity and some of the employees were even fired. Early this month, those claims were settled with a $7.5 million payout with $5.58 being set aside in a fund for those current and former employees who were a part of the lawsuit.While the company did not admit fault as a part of the settlement, management did include forward-looking provisions that address discrimination. The company agreed to devote more resources to investigating internal complaints involving instances of discrimination. The company also said that it would place a greater focus on ensuring non-discriminatory hiring practices focused on diversity.
Source: Los Angeles Times, "Wet Seal to pay $7.5 million to settle race discrimination suit," Tiffany Hsu, May 9, 2013
]]>The number of intermodal containers being shipped increases every year. In 2012 it increased by 5.9 percent from 2011, which was the third year in a row that container volume rose. More containers means more trucks, with 67 percent of all freight in the United States shipped by trucks.
]]> More trucks means more truck drivers who travel long routes and often push themselves to the limits resulting in accidents caused by a truck running a car off of the road, rear-ending another vehicle or changing lanes. Did you know that there were 793,470 truck drivers on the roads in 2012, according to U.S. Department of Labor data?The number of truck drivers increases each day as the demand for them grows. There were 12.5 billion tons of freight shipped in 2010. That number is expected to increase to 18.5 billion over the next three decades. That is an estimated $21.7 billion worth of freight being shipped in one year.
Intermodal may not seem like a big deal, but an accident can change the life of a victim. Personal injury attorneys help make sure that the victim is compensated when truck driver negligence is the cause of their pain.
Source: Insurance Journal, "10 Things to Know About the Trucking Industry," May 13, 2013
]]>The two injured riders have already settled their personal injury claim with the teenage driver for $500,000. The settlement amount was determined by the policy limit of the teen's insurance. Although that claim was settled, there is another claim that the family hopes to settle, but it is one of first impression for the courts and the ruling is still "out."
]]> In a prior post we covered the start of the story in which the personal injury claim was brought in trial court, the complaint naming the sender of the text message who was not in the car at the time of the accident. That defendant was dismissed from the case, but the motorcycle riders hope to have the teen reinstated.The issue for the three appellate judge panel, is whether the sender of a text message can be held liable when they know that the driver is likely to read the text mesage in a motor vehicle. Arguments were heard on Monday, May 6. The decision was not made, but a judge confirmed that a ruling would be made in the near future.
The judge said that if a duty of care was created under the ruling, it is "going to apply to thousands of people who do this and send a text." The judge did suggest that the law already provides deterrence by punishing those who are behind the wheel.
Source: Daily Record, "Arguments in Morristown on whether text sender is liable if person receiving text crashes," Peggy Wright, May 6, 2013
]]>The U.S. Equal Employment Opportunity Commission was recently awarded $240 million in punitive and compensatory damages over a disability discrimination claim. This is the largest jury verdict recorded in the federal agency's history, but it wasn't an award earned in celebration. It instead was the result of a fight on behalf of a handful of workers with intellectual disabilities who were subjected to abuse, forced to work in substandard facilities and denied certain benefits.
]]> Evidence was presented by the EEOC that involved some very serious violations of the disabled individuals' rights. Evidence of both physical and verbal abuse was presented from being called "dumbass" on a regular basis to one individual being handcuffed. In other instances the individual workers were forced to haul heavy weights in punishment.When the general counsel for the EEOC was interviewed after the verdict was read, David Lopez said that "This historic verdict marks one of the EEOC's finest moments in its ongoing efforts to combat employment discrimination, especially discrimination against vulterable and historically undeserved populations."
The Americans with Disabilities Act was set into law in order to protect the individuals in this case as well as any other worker with a disasbility whether it is intellectual or physical.
Source: U.S. Equal Employment Opportunity Commission, "Jury Awards $240 Million for Long-Term Abuse of Workers with Intellectual Disabilities," May 1, 2013
]]>As April winds down, we are happy to report that according to the New Jersey State Police, there was only one motorcycle fatality recorded as of April 24. In fact, the overall rate of fatalities has declined with four reported fatalities since the beginning of this year. This trend goes against the national trend, so what is New Jersey doing right?
]]> According to the National Highway Traffic Safety Administration, helmets are a big deal. New Jersey is one of 19 states that have helmet laws, and the NHTSA reported that in approximatley 706 accidents a helmet would have prevented the fatality. The federal agency also cites licensing laws as safety factor. Licensing laws help encourage motorcycle safety training and even require it for those who are under the age of 18.Accident data analysts say that not everyone on the road follows the licensing laws, however. There are many times in which a rider may borrow a bike without a license or just "try it out." For some types of bikes, a special license is not even a requirement. This is the case for low-speed motorcycles such as mopeds.
Even when all necessary education courses are taken, all licensing requirements fulfilled and a helmet is worn, the cyclist still has to share the road with many people who don't take their driving responsibility serious. In these cases, an injured rider may be eligible for compensation after an accident.
Source: NorthJersey.com, "Road Warrior: Motorcycle laws good, but could be better," John Cichowski, April 28, 2013
]]>The situation involved a New Jersey car accident that occurred on Wednesday, April 10. After the incident, officers with the Moorestown Police conducted an investigation. During their investigation, they determined that one of the teenagers involved in the accident had provided them with false information.
]]> In this instance, the 18-year-old provided false information about his own person. Possibly to avoid further problems with law enforcement. After the fact, the officers had determined that the teen had several outstanding warrants.Witnesses lying to police or other investigative authority is more common than one might think. In some cases the lies are intentional. People may provide an officer with a false identity, drivers may claim that they were not texting at the time or they may say that the light was green not red.
In other instances, a lie may not be intentional at all but the product of natural human fault. Memories are not always accurate, and in some cases people say things that they think they remember or want to provide an answer even when they don't really have one. For example, a person with less-than-perfect eyesight may have forgotten their glasses and may not be able to confirm certain details in the accident.
Not only will an attorney experienced in these types of cases be able to spot inconsistencies, but they will investigate beyond an accident report. They will look for the minute details that can help maximize the compensation that an accident victim may be eligible for.
Source: Moorestown Patch, "Teen lied to Officers During Accident Investigation, Police Say," Rob Scott, April 15, 2013
]]>This type of agreement actually does exist. It is called a non-compete clause. While an employer cannot force the employee to sign, they can include these agreements in employment contracts in New Jersey. The enforcement of these types of clauses depends on how reasonable the restriction is against a person's ability to work, most often depending on the scope of the restriction and the applicable length of time.
]]> A non-compete agreement might mean that after leaving a company, an employee agrees not to apply for a position with a competitor in the same industry, in the same city and for one year or some other variation of restriction. However, lawmakers are concerned that these types of agreements are adding to unemployment numbers that are already problematic.A bill was introduced this April in the New Jersey Assembly with the aim of getting more unemployed workers back to earning salaries, and this specifically includes those who are unemployed under one of these restrictive agreements. This bill targets those who qualify for unemployment benefits based on an enforced non-competition, non-solicitation or confidentiality agreement that inhibits their ability to seek employment in the state.
While the bill may have the focus of addressing state budgeting issues, it is the employees who are truly restricted by these clauses. In some cases the clause is overreaching, and an employment attorney can help protect New Jersey workers' right to earn an income.
Source: North Jersey, "NJ assembly bill could change enforcement of non-compete agreements for employers, employees," Mary Diduch, April 22, 2013
]]>Of course, the fact that we are writing a post in a Personal Injury Blog is evidence that the duty to act responsibly is not upheld in every instance, and the result is physical, emotional and financial damage. For approximately 30 people riding on a passenger bus through New Jersey this week, they may be wondering who is responsible for the incident they experienced.
]]> New Jersey State Police are on the same page, wondering what exactly caused the bus to leave the paved roadway and careen down into the embankment jolting the passengers inside. No other cars were apparently involved in causing the single-vehicle incident on the weekend afternoon.While the actual extent of every injury suffered in the bus accident remains unknown at the time, there were 14 people treated at local hospitals. Four were tended to by nurses and doctors at Capital Health Regional Medical Center, and another 10 were received attention at Robert Wood Johnson University Hospital.
For those who were injured, they likely won't be able to fill in the blanks to unanswered questions. Personal injury attorneys see these types of cases every day, and that experience and exposure coupled with knowledge of the law gives them the unique ability to fight for accident victims.
Source: nj.com, "14 injured in bus accident on I-295 in Mercer County," Jenna Pizzii, April 20, 2013
]]>That is exactly what happened this week when emergency responders were called to the New Jersey Turnpike to tend to those who were injured in a very serious trucking accident. Involved in the collision were four vehicles that are much larger than the average car. Two tractor trailers and two box trucks smashed together on Monday, April 15.
]]> Not only did traffic stop for miles while emergency crews picked up the large pieces of metal and glass that had shattered across the road and move the large vehicles to clear the lanes, but a landing zone was also created so that a medical helicopter could land. That helicopter was sent to transport the injured to a local hospital. While one of the injured drivers was assessed under the status of "minor" injuries, another was not so lucky.Despite advanced medical attention, one of the drivers was not able to be saved. New Jersey State Police confirmed the death of the driver, but they did not immediately release the name of the individual who was killed nor did they report what vehicle the driver had been operating at the time of the crash. It is unclear at this point what caused the vehicles to collide.
Source: nj.com, "State police: One dead after Turnpike crash in South Brunswick," Brian Amaral, April 15, 2013
]]>Two children were reported missing in Suffolk County this week after their mother noticed that they weren't responding to her calls. Plans were drawn up for a search grid that would expand as necessary, but police didn't have to go far to find the children. An officer happened to look into the neighbor's backyard. When he noticed a shoe floating in the blackened pool water, it wasn't long before everyone knew the worst had happened. The 7-year-old girl and 5-year-old boy were found floating unconscious in the pool and were pronounced dead after resuscitation efforts failed.
]]> According to the police, the neighbor had been cited several times for failure to maintain proper fencing. The pool was an aboveground pool with a raised wooden deck surrounding the edges. There was also a short stockade fence surrounding the pool. Not only were the deck and fence sinking into the ground, but the smooth side of the fence was improperly facing inward, making it easy for children to climb it.Owning a pool is a privilege that comes with responsibility not only to those who use the pool under ownership rights or by direct invitation but also to those that are attracted to the property such as young children. When an owner fails to construct and maintain proper safety guards, even children that trespass onto the property may have a claim for any injury that arises.
Source: U.S. News NBC, "Brother, sister drown in neighbor's uncovered pool," April 15, 2013
If your child has been hurt on a neighbor's or community facility, our Hackensack Swimming Pool Accident page provides more information about these types of claims.
]]>Sounds like a classic horror movie like "Dawn of the Dead," but this movie wasn't on the big screen. Instead, it was running through the mind of a transient young adult who had hijacked an 18 wheeler while hallucinating from a substance he ingested. When he hijacked the vehicle, he drove it wildly down the highway, causing a number of collisions that sent at least four people to a local emergency room.
]]> How did the transient get a hold of the vehicle? He had been hitchhiking when the employed truck driver picked him up. The transient rode with the truck driver across several states. At one point the truck driver left him alone in the vehicle while he filled out inspection paperwork. It was then that the transient took over the vehicle and went dangerously down the road.Those who were injured may want to file a civil suit for damages to help compensate for the injuries, but they know that a transient is most likely an uninsured motorist with little equity. In this instance, there may be more questions to ask. Is there some liability with the truck driver or his employer? How did the transient get the keys? Where did the hallucinogenic substance come from? Did the truck driver consume some as well? What are the regulations concerning commercial truck driver's licenses and picking up hitchhikers or allowing any passenger into the vehicle for that matter? And the list goes on.
Source: CNN, "Cause of multiple collisions in California? Zombies, driver tells police," Dorrine Mendoza, April 11, 2013
Attorneys at our law firm are well experienced with investigating New Jersey commercial vehicle accidents and helping victims obtain the compensation that they deserve.
]]>According to the study conducted by the National Highway Traffic Safety Administration, approximately 660,000 people across the country are driving while distracted at any given time during the day.
]]> Cellphones continue to be a common and dangerous form of distraction on our roadways. The study also found that 48 percent of Americans are willing to answer their phone while behind the wheel, at times. In addition, 14 percent of those surveyed admitted that they send or read text messages or emails while they are driving.Unfortunately, those statistics represent an increase from the year prior, indicating that although Americans recognize the dangers of distracted driving, in many cases they have not made the connection that their driving ability diminishes when distracted, as well.
In New Jersey, all motorists are prohibited from texting and using handheld cellphones while behind the wheel. In addition, bus and novice drivers are not allowed to use any type of cellphone while driving, which includes both handheld phones and those with hands-free capabilities.
Despite these restrictions, the number of fatalities caused by distracted drivers has increased in recent years. In 2010, 3,267 people were killed in motor vehicle accidents caused by distracted drivers. In 2011, that figure rose to 3,331. These collisions also result in a large number of personal injuries - 387,000 in 2011 alone.
Source: The New York Times, "Drivers Are Still Distracted, Study Finds," Ravi Somaiya, April 6, 2013.
]]>Two of the three people known to have been injured were occupants of the commercial van. At the time of the latest press report, it was unclear whether the third injured person was the driver or a passenger in the BMW, although from the photograph included in the press report it appeared that the BMW may have been struck at the front end of the car's passenger side.
The photograph shows the commercial van, with its back to the wrecked BMW, damaged on the front and sides. The driver-side airbag was deployed, and the front-left tire of the van is collapsed. The New Jersey Transit Bus is not pictured. According to the report, which is somewhat incomplete, no one on the New Jersey Transit bus seems to have been injured.
]]> At the time of that report, it was not yet known the nature or seriousness of the three people's injuries, but all three were transported to a local hospital for treatment. The Bergen Dispatch, however, offered the additional information that one person may have been trapped, and that the BMW may have been overturned before the photograph was taken.Whenever a large vehicle such as a transit bus or a semi truck is involved in a collision, its greater weight and momentum are often far more than a smaller vehicle is designed to withstand. These commercial vehicle accidents can be life-changing for their victims, or even deadly. Please drive safely.
Sources:
He and his attorney spoke with reporters recently after the video made national headlines, saying that they plan to file a wrongful termination suit against the school immediately. It is illegal in New Jersey to fire an employee who reports misconduct or possible illegal activity by their employer or a coworker. Whistleblowers are also protected by federal laws which prohibit retaliation against employees who make these types of reports.
]]> Whistleblowers are protected as a matter of public policy, since the government wants to encourage people to make reports when they see something bad happening at work. Without whistleblower protections, many employees are afraid of losing their jobs or being harassed or mistreated as a result of their complaints.The school denies terminating him for illegal reasons, insisting that his contract was simply not renewed after he attended a basketball camp that they had specifically asked him not to attend. It is very common in wrongful termination cases to have employers find another excuse to fire an employee when the underlying reason is retaliation. Even with another explanation at the ready, it is still possible that the school fired the athletic director as a result of his complaints about Rice's misconduct.
Source: ABC News, "Rutgers Coach Mike Rice Fired for Video of His Kicking, Berating Players," Kevin Dolak, April 3, 2013.
Information about whistleblower protections for New Jersey employees can be found on our wrongful termination page.
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