When a train is involved in an accident, the outcome is often disastrous, whether it's a derailing, a collision with a vehicle at a crossing, or a collision with another train. What are the duties of railroad owners and operators to minimize the risk of accidents to passengers, railroad workers and motor vehicle operators? The Duty with Respect to Passengers Under traditional "common carrier" laws, the owners and operators of a train or railroad have a duty of "utmost" care to any passenger on … [Read more...]
The Downside of Lower Gas Prices – More Mayhem on the Roads
May 16, 2016 by
After flirting with four dollars a gallon (and exceeding that benchmark is some cities), gas prices have declined precipitously, and have remained at or below about two dollars a gallon for nearly 18 months. That's great news for everybody, right? With lower gas prices, people have more discretionary income to spend elsewhere. The economy seems to have benefited significantly as a result. More people are traveling, making new home purchases, buying other non-essential items. But there's a … [Read more...]
What is the New Jersey Approach to Comparative Negligence?
May 6, 2016 by
For centuries, the law has recognized the concept of contributory negligence—the idea that someone who causes or contributes to his own injury may be limited in his recovery for losses. For many years, though, any proof of contributory negligence could be a total ban from recovery of damages. Because of the perceived harshness of this approach, and because many defense attorneys were successful in arguing some miniscule amount of contributory negligence to a jury, most states have replaced the … [Read more...]
Workers’ Compensation and Third Party Claims
April 18, 2016 by
With respect to many workplace injuries, the New Jersey workers' compensation laws are the exclusive remedy to obtain monetary benefits. This essentially means that workers may only pursue damages through this process. This is what is known as the "grand bargain," supposedly benefiting both workers and employers. Workers don't have to incur the cost and time involved in filing a lawsuit, and can have access to benefits much sooner. Employers don't have to risk a huge judgment by a jury … [Read more...]
Teen Drivers and Car Accidents in New Jersey
December 21, 2015 by Leave a Comment
According to a study conducted by the state of New Jersey, motor vehicle accidents are the primary cause of death for people between the ages of 16 and 20 in the state. In the years the study was conducted (2009-2010), nearly 80 teens died as drivers or passengers in car crashes. In 2009 alone, there were almost 48,000 collisions involving teens. Authorities say that the most common cause of teen motor vehicle accidents is distracted driving, with the use of handheld devices a leading factor. … [Read more...]
District Attorney Calls for Smartphones that Disable Text Message Capability while Driving
October 10, 2014 by Leave a Comment
Prosecutors Ask Manufacturers to Block Texting While Driving As the number of accidents involving texting and driving continues to rise, law enforcement officials have asked smartphone makers and insurance companies to join forces to encourage compliance with existing laws and to minimize the incidence of texting and driving. At a press conference in early September, Kathleen Rice, District Attorney for Nassau County on New York's Long Island, called for smartphone manufacturers to make … [Read more...]
Driver Faces Homicide Charges for Facebook-Related Motor Vehicle Accident Fatality
October 3, 2014 by Leave a Comment
North Dakota Woman Charged with Negligent Homicide in Facebook-Related Motor Vehicle Accident Prosecutors in North Dakota have charged a 20-year-old female with negligent homicide in the death of an elderly woman on a North Dakota highway last May. According to witnesses, the defendant was traveling at a high rate of speed when she rear-ended an SUV, in which the elderly woman was a passenger. In the investigation after the crash, police obtained a warrant to look at the defendant's phone and … [Read more...]
