New Jersey Personal Injury Blog
Archive – 2009 – September
Man and NJ Transit Train Collide, Man Dies
A New Jersey Transit train headed to New York was involved in a pedestrian accident at the New Bridge Landing Station in River Edge, New Jersey. According to a report issued by nj.com, the express train was headed Northbound when the accident occurred. The victim, a 49-year-old man from Teaneck, may or may not have purposely stepped in front of the train before he was fatally struck. None of the 350 on-board passenger train riders were injured during the incident. Police are still investigating the matter. This was the 16th pedestrian death involving a New Jersey Transit train in 2009, and, the second of its kind to occur in recent weeks.
Pedestrian accidents involving trains often result in serious injury or death. While the above case suggests a possible suicide, an investigation has not yet been determined what exactly caused the man to fall in front of the train’s path. If accidental, the investigators need to precisely determine how the man was able to enter onto the tracks in the first place. If safety railing and other deterrents could have been put in place to possibly prevent such an accident from occurring, then those entities designing, controlling and maintaining, the train station may be responsible.
Transit companies have an obligation to ensure the safety of pedestrians and their riders. As a common carrier involved in the business of transportation, they owe a higher degree of care than do ordinary citizens. They must take all necessary precautions to see to it that tragic events such as the one identified herein are avoided
If you have been injured in a New Jersey train accident, contact a skilled New Jersey personal injury attorney at Blume Goldfaden. Our experienced attorneys will investigate the circumstances of your train accident to determine whether negligence by the transit company or its employees contributed to your accident and injuries. Call us today at 973-635-5400 for more information and a no cost consultation with regard to your potential case.
Source:http://www.nj.com/news/index.ssf/2009/09/fatal_accident_involving_nj_tr.html
Bridgewater DUI Takes the Life of Motorist’s Fiancee
Each year, motorists nationwide are injured in traffic accidents which occurred because of alcohol intoxication. A Bridgewater, New Jersey man recently pled guilty to driving while under the influence of alcohol (DUI), and admitted responsibility for a motor vehicle accident which took the life of his fiancée. According to the website nj.com, police investigation revealed that the man’s blood alcohol concentration was more than twice the New Jersey legal limit of 0.08; and, that the car overturned when it struck a curb.
Reckless driving, related to drug and alcohol use or not, can forever impact the lives of innocent accident victims. While such behavior is punishable by law (including license suspensions, fines and sometimes incarceration), the individual who acted irresponsibly and/or negligently can also be held liable for monetary damages associated with the accident. In all accidents where some sort of negligence was a factor in causing the accident: whether because of an impaired motorist, a poorly maintained automobile, or, because of dangerous road conditions, the negligent party should be held accountable to the injured accident victims. For that reason it is essential that a skilled New Jersey auto accident attorney be retained to ensure that all potentially negligent parties are identified.
If you or a family member have been injured in a motor vehicle accident, or, you have lost a loved one in a DWI related accident, at Blume Goldfaden, our experienced auto accident attorneys will seek a fair recovery on your behalf. You can contact us for more information and a no-cost consultation to discuss your personal injury case at 973-635-5400.
Source:http://www.nj.com/news/ledger/jersey/index.ssf?/base/news-14/1252724708298390.xml&coll=1
ATV Driver Rolls Over Near Crown and Emerald
According to the website nj.com, an all-terrain vehicle accident recently left a 41-year-old Somerset, New Jersey man injured. The man required hospitalization after his Honda ATV rolled over and pinned him underneath.
There was no mention of whether or not this crash was the result of the 41-year-old’s own driving practice or some other factor. For instance, the ATV may not have been safely designed, maintained, or, in proper working order. With a vertical height relatively comparable to its horizontal length, ATVs have a high propensity for rolling over, putting operators at risk of being crushed in an accident. There have been claims brought in the past that the manufacturers of ATVs, in supplying a dangerous product to the public, should be held strictly liable under product liability laws for damages and injuries associated with accidents in which the ATV’s design was a significant causative factor.
Manufacturers have an obligation to sell products that do not create a foreseeable risk of harm to consumers. Additionally, when a particular product, such as an ATV, fails to perform as it should during normal, recommended use, then a manufacturer, product designer, and/or distributor may all be held responsible for injuries caused by the product’s defects. Parties that create and distribute a dangerous product can be held liable for monetary damages associated with an accident and any injuries sustained. These damages may not only include the cost of medical treatment and therapy, but can also include compensation for past and future wage or income loss, and, any physical pain, suffering and disfigurement.
If you have recently been injured in an all terrain vehicle (ATV) in New Jersey that may have been defectively designed, modified, or manufactured, contact the skilled New Jersey all terrain vehicle accident attorneys at Blume Goldfaden. Our product liability lawyers will examine the circumstances of your accident to determine if a faulty product was the cause of your accident and injuries. Call Blume Goldfaden today at 973-635-5400 for a consultation at no cost to you.
Source:http://www.nj.com/news/index.ssf/2009/09/somerset_man_injured_in_atv_ac.html
Blume Goldfaden Announces New Personal Injury Blog
Welcome to the New Jersey Personal Injury Legal Blog provided by the Law Offices of Blume Goldfaden. In assisting personal injury victims and surviving family members of wrongful death victims, our dedicated and skilled New Jersey attorneys understand how critical it is for individuals facing such challenges to be informed of their legal rights in addition to other lawful issues surrounding such cases. Our legal blog is available to the public as a helpful resource for a wide range of personal injury and wrongful death matters pertaining to motor vehicle accidents, medical malpractice, product liability, premises liability, and much more.
As a law firm with more personal injury million-dollar verdicts and settlements than any other firm in New Jersey, we hope that our legal blog will provide readers with the information they need regarding personal injury FAQ, current events, and New Jersey law, among many other subjects. For further information regarding personal injury or wrongful death litigation, you are welcome to visit our website, www.njatty.com, or call our offices for a free consultation at 973-635-5400.
Asbestos Dump Could Alter the Landscape
According to The Observer-Dispatch, a New Jersey man has been found guilty of illegally dumping 60 million pounds of asbestos at a Frankfort, New York farm field. The 55-year-old Norwood, New Jersey man admitted to obtaining a false state permit for dumping the toxic substance, which is a known carcinogenic. According to federal and state law, asbestos may only be disposed of in government-approved facilities.
It has not been reported whether anyone has become ill from asbestos exposure within the vicinity of the illegal dumping. Those who were exposed to the asbestos have a right to seek compensatory damages from the company that dumped the toxic material in the field. Any company that exposes the public to dangerous conditions can be held liable for damages due to injuries that such exposure brings about. Similarly, for employees that work with dangerous materials, it is the responsibility of employers to ensure that their workers are properly trained, are afforded reasonable safety precautions necessary to reduce the risk of injury, and, are not placed in a situation where they may be unnecessarily exposed toxic or other dangerous materials.
Authorities claim to have neutralized the site of the illegal dumping in Frankfort. However, it is still important that residents be monitored to ensure that serious health conditions do not arise as the result of the presence of the asbestos. If it is determined or suspected that illness was caused by the negligent behavior of an individual or company, then, counsel skilled in exposure cases should be consulted in order investigate the victim’s potential claim.
If you or a loved one have recently been a victim of hazardous conditions or toxic exposure in New Jersey, don’t hesitate to contact a toxic exposure attorney at Blume Goldfaden. Our skilled personal injury attorneys who have handled toxic exposure cases will investigate the details of your possible exposure claim, determine if negligence caused your illness, and, will try and assist you and your family in securing compensation for your injuries, damages and losses. Please contact us for a no cost consultation at 973-635-5400.
Route 33 Tractor-Trailers Collide Head-On
A tractor-trailer crash involving two drivers from New Jersey recently occurred on Route 33 in Pennsylvania. According to the Pocono Record, the crash took place between Route 209 and Route 80 near Snydersville, PA. The accident shut down northbound traffic on Route 33. The cause of the crash is still being investigated. However, it is known that the truck driver who was traveling southbound crossed the median into the northbound lane, jackknifed, and hit the other tractor-trailer. The force of the collision was severe enough to cause the engine of the wrong-way truck to be knocked off of the vehicle and onto the road.
There are a variety of factors that contribute to truck accidents. Driver error and inattention is often a reason. However, another factor could be vehicle malfunction. Some part of the truck, such as the brakes or the steering, could have failed, either because of a manufacturing defect or because of the failure to properly maintain the vehicle. Furthermore, hazardous road conditions can lead to a loss of vehicle control, resulting in a jackknife.
If you have recently been injured in a tractor-trailer accident in New Jersey, you’ll need the assistance of a skilled New Jersey tractor trailer accident attorney at Blume Goldfaden to help investigate your accident. Our experienced personal injury attorneys will examine the circumstances surrounding your crash, and will determine which parties, if any, should be held accountable for causing the accident. If you or a loved one has recently been injured, don’t hesitate to contact us today. Call Blume Goldfaden at 973-635-5400 for a no cost consultation.
Source:http://www.poconorecord.com/apps/pbcs.dll/article?AID=/20090912/NEWS/909120337/-1/NEWSMAP
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Motorcycle Seal Defect Could Result in Engine Failure
The National Highway Traffic Safety Administration (NHTSA) recently reported that BMW has recalled certain motorcycles that were manufactured between August 2006 and January 2008. The product defect in question involves a seal of the fuel pump control housing unit, which could fail, allowing water to enter the control unit housing, increasing humidity within the vehicle’s mechanical systems. The increased humidity could eventually corrode the fuel pump, causing it to fail. Without fuel being able to properly reach the engine, the engine could abruptly stop, causing the motorcycle to suddenly stall while being operated. If such an engine failure were to occur, the operator of a motorcycle would be placed at high risk for losing control of the vehicle, and, being involved in a serious accident.
Motorcycles are complex sophisticated machines. All parts and systems need to be working properly and at optimum levels in order to ensure rider safety. If not, something as simple as seal failure can affect other engine parts and render the machine dangerous to operate. Motorcyclists that experience any failure during operation should know that motorcycle manufacturers, designers and distributors could be held liable for their products’ defects.
If you have been injured in a motorcycle accident contact an experienced product liability attorney at Blume Goldfaden. Our skilled motorcycle accident attorneys will evaluate the circumstances of your accident to determine whether you have a viable claim for damages. Call us today at 973-635-5400 for more information and a no cost consultation.
Source:http://nhthqnwws112.odi.nhtsa.dot.gov RCLMTY-082009-1234.pdf