Archive – 2010 – March
At least two people were injured in a New Jersey car accident after an out-of-control car struck a vehicle parked in a driveway. According to a news report in The Record, the driver of a car lost control going west on West Central Boulevard in Palisades Park, New Jersey. The car then drove onto a lawn, over a wall, and, eventually struck another vehicle parked in front of a home.
When such an unusual and unexpected car accident occurs, there are often many questions that need to be answered relating to how, and, why a motorist lost control of their vehicle. Could an auto product defect be the cause of this accident? In car accident cases where a vehicle defect is suspected, it would be beneficial to the victims to preserve the vehicle in its “time of the accident” condition. This means not getting any repairs done, and, not altering the vehicle. It is important for an accident reconstruction expert to carefully examine the vehicle in its “time of the accident” condition for any evidence of auto defect, or, malfunction.
If it is determined through careful investigation, and, analysis that an accident was caused by a product defect, the victim, or, victims injured in the accident may have an auto products liability claim. If you or a loved one have been injured in an auto accident caused by a defective auto part or vehicle malfunction, it is important that you retain the services of an experienced New Jersey auto product liability attorney, familiar with cases pertaining to car defects, who has a successful track record in litigating car accident, and, auto product liability claims. Call the attorneys at Blume Goldfaden at 973-635-5400 to schedule a no-cost, confidential consultation regarding your possible case.
A New Jersey truck driver, who pleaded guilty to negligent operation of a motor vehicle in connection with a fatal truck accident, was sentenced to six months in prison, and, 10 years on probation.
According to a report in the Rutland Herald, the fatal accident occurred on April 16, 2008, when a New Jersey truck driver lost control of the tractor-trailer he was operating on Route 9 in Vermont; while negotiating a curve in the road. The truck, which was carrying an improperly secured load of heavy paper rolls, overturned and struck two cars in the opposite lane of oncoming traffic. Three people died as a result of injuries sustained in this accident. Police said the truck accident could have been avoided had the driver shifted his truck into a lower gear to compensate for the steep downgrade and the sharp degree of curve of the road.
Many tractor-trailer accidents in New Jersey happen because a truck driver is fatigued, or, poorly trained. The lives of motorists and their passengers are endangered by truck drivers who have delayed reaction times, and, who fail to stop or maneuver their trucks properly. Very often, the occupants of passenger vehicles are the most seriously injured in tractor-trailer accidents, primarily because of the overwhelming size and weight of the “big rigs”.
If you, or, a loved one has been injured because of a truck driver’s negligence, both the truck driver and his or her employer – usually a trucking firm – could be held liable for your injuries and damages. The qualified New Jersey tractor-trailer accident attorneys at Blume Goldfaden have an extensive track record of favorable verdicts and settlements secured for our clients who were involved in truck accidents. We have the necessary resources and experience that is needed to pursue complex multi-party cases, including access to independent expert medical witnesses, accident reconstruction specialists, and, investigators who can assist in gathering evidence and developing a meritorious legal strategy to prosecute your claims. Call us at 973-635-5400 to schedule a no-cost consultation of your potential case.
A 70-year-old New Jersey woman was severely injured in a dog bite incident after two pit bulls brutally attacked her as she was walking on the street. According to an ABC news report, the woman was on her way to work when two dogs started following her. The dogs jumped on the woman biting her face, legs and arms, even ripping away pieces of skin and large sections of her scalp. At the time of this serious attack, the animals were being cared for by the owner’s friend. Police have issued summonses to the owner for having unleashed dogs, which is a violation of municipal code.
New Jersey has a “strict liability statute” when it comes to dog bite incidents. This means that a dog owner is legally liable for all of the damages inflicted upon a dog bite victim, even if the dog had never previously exhibited signs of being vicious or dangerous. According to New Jersey Statutes section 4:19-16: “The owner of any dog which shall bite a person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner’s knowledge of such viciousness.”
If you, or, someone you love has been seriously injured in a dog attack, you may want to contact an experienced New Jersey dog bite accident lawyer at Blume Goldfaden. If it is determined that you have a valid dog bite claim, our skilled attorneys will pursue your claim to obtain compensation on your behalf for: loss of wages, physical pain and suffering, scarring, psychological and emotional distress, and, to help cover medical expenses and costs associated with any future reconstructive surgery. Contact Blume Goldfaden today at 973-635-5400 for a no-cost consultation.
A man recently sustained leg injuries in a New Jersey pedestrian accident, according to a report in the Ridgewood News. The accident reportedly occurred at the intersection of East Ridgewood and Maple avenues in Ridgewood. The pedestrian was transported to a local hospital for treatment of his serious injuries. Police are still investigating the cause of the accident, and, have not cited anyone in connection with this incident.
Pedestrian accidents in New Jersey may occur due to a variety of factors, including driver error or negligence. In some cases, dangerous or defective roadways and intersections could be contributing factors; examples include visual obstructions, poorly marked or maintained crosswalks or roadways, a lack of appropriate traffic control devices, and, road debris or disrepair. Driver negligence could include a variety of factors, including impairment from to alcohol or drug consumption, driver distraction and inattention, and, speeding.
If a negligent driver causes a pedestrian accident, then he or she could be held liable for the harm caused. Similarly, if a dangerous roadway contributes to the cause of an accident, a pedestrian can file a notice of tort claim within 90 days of the date of the accident, against the appropriate governmental/municipal or other entities which are responsible for maintaining and/or designing the roadway or intersection where the injury occurred. Such a notice preserves the right of the pedestrian to file a lawsuit in the future, if warranted.
If you have been injured in a New Jersey pedestrian accident, contact an experienced personal injury attorney at Blume Goldfaden. We have the staff and resources to handle even the most complicated pedestrian accident cases. We have a long track record of favorable verdicts and large settlements concerning pedestrian accident claims. If you have been involved in a pedestrian accident in New Jersey, your time to file a claim may be limited by state law. Call us at 973-635-5400 for a no-cost consultation.
American Honda Motor Co., Inc., has announced the recall of 344,000 Odyssey minivans, and, 68,000 Element small trucks in the United States for 2007-2008 model year vehicles. Consumer complaints have been issued to Honda regarding brake pedals that feel “soft,” or, that need to have enough pressure applied that the pedal is pressed almost to the floor before the vehicle is able to come to a halt.
Honda attributes its brake problems to air intrusion in affected vehicles’ modulators, and, an accumulation of air entering the system during the VSA self-check mode. The automaker said that the recall will allow them to modify the Vehicle Stability Assist™ (VSA®) modulators that may potentially cause “soft brake pedal,” or, “low brake pedal” condition symptoms to develop slowly overtime.
According to a ksby.com article, a Honda spokesperson reportedly stated that if the brake issue is not fixed, a motorist may experience a loss in braking power, which could result in an auto accident taking place. However, seeing that the auto parts required to fix the braking problem are not yet available, owners of vehicles affected by the recall have been told to wait until the end of April for a notification letter from Honda.
In addition to the customer complaints received by Honda, the National Highway Traffic Safety Administration has announced receiving reports of three collisions involving recalled Honda vehicles due to the braking problem. These crashes resulted in minor injuries, and, no deaths have been reported. However, it is uncertain at this time how many other auto accidents involving affected Honda vehicles may have been caused by this brake problem.
Brakes are a vital component of any motor vehicle. Auto manufacturers are responsible for designing and manufacturing vehicles that meet safety requirements and free of manufacturing and design defects that cause harm to motorists. At Blume Goldfaden, our experienced New Jersey auto design defect attorneys have assisted those injured in accidents caused by faulty braking systems, dangerous car seats, defects in fuel tanks and fuel lines, defective seatbelts, and, vehicles that are not crashworthy. If you or a loved one has been injured in an auto accident involving a recalled Honda vehicle, or, any other defective automobile, contact us at 973-635-5400 for a no cost assessment of your potential products liability or personal injury claim.
The Jersey Journal reported that a Jersey City worker was seriously injured in a construction site accident after he fell from a scaffold. The 31-year-old man was walking on scaffolding at a job site when a board, of which the scaffolding was constructed, gave way, causing him to fall. The victim displayed signs of having suffered back injuries from the fall. Witnesses said the man fell about 16 feet.
According to the Occupational Safety and Health Administration (OSHA), studies show that 25 percent of workers injured in scaffolding accidents in the United States have not received the proper safety training. OSHA studies have also found that 77 percent of scaffolds were not equipped with guardrails in order to prevent falls. OSHA also estimates that if safety standards were followed, as many as 50 lives could be saved each year, and, 4,500 accidents could be prevented.
The most common dangers associated with scaffolding include falls from elevation, scaffold collapse, being struck by falling or flying objects, and, electrocution due to proximity of power lines to the scaffold.
If you are a construction worker in New Jersey who has been injured by someone else’s carelessness or negligence, you may be able to hold the responsible parties liable for the resulting harm. An injured construction worker and/or their loved ones can seek compensation for medical expenses, loss of wages, physical pain and suffering, permanent disability, or, wrongful death. Even if you are collecting workers’ compensation payments, you may still be able to commence a 3rd party action against a subcontractor, or, the provider of faulty equipment responsible for your accident.
If you have questions with regard to your potential New Jersey construction accident case, call the experienced NJ construction accident injury lawyers at Blume Goldfaden for a no-cost consultation. Call us at 973-635-5400, and, we will evaluate your potential case to determine if there are any viable claims which can be made.
Radiation technology is used to facilitate cancer treatment for patients. However, there has been a recent increase in errors made during radiation treatment, causing devastating consequences. Radiation overdose was the subject of an in-depth investigation recently conducted by the New York Times.
A New York Times article cites numerous instances of patient death, not due to their cancer, but because of radiation overdose. One man, undergoing radiation treatment for tongue cancer, sustained a radiation overdose at a New York hospital when, due to an undetected computer error, his brain stem and neck were exposed to errant beams of radiation – for three consecutive days. This negligent treatment and the resulting overexposure to radiation left the man deaf, nearly blind, and unable to swallow or breathe.
In a different, but, similar incident, a breast cancer patient underwent 27 days of radiation overdoses. A linear accelerator machine used in her treatment was missing a filter, and, the radiation burned a hole in her chest. She suffered a wound that caused her excruciating pain so unbearable that she even contemplated suicide.
What is especially unnerving is that these incidents of radiation overdose are not isolated events. Last year alone, the largest wound care company in the country treated 3,000 radiation injuries. Most of these injuries were serious enough to require treatment in pressurized oxygen chambers that promote healing of radiation wounds.
The side effects of radiation therapy are well known and have been considered acceptable in light of the efficacy of the treatment. However, it is unacceptable to suffer from a radiation overdose because of the negligence of a professional, or, because of defective radiotherapy equipment.
If you have suffered radiation injuries because of hospital, outpatient clinic or doctor error, or, because of faulty equipment, you may have meritorious grounds to pursue a claim. Contact the experienced New Jersey medical malpractice attorneys at Blume Goldfaden at 973-635-5400 to schedule a no-cost consultation regarding your possible case. We will evaluate whether there was any negligence involved in your medical care and treatment.
Honda has issued a vehicle defect recall for about 646,000 of its 2007 and 2008 Fit, Jazz, and, City models due to a defective power window switch that could cause the car to catch fire. According to a CNN news report, the recall was issued after one person in South Africa died in a car fire caused by the defective switch. Honda officials say extreme amounts of liquid, such as water from heavy rain, can flood the master power window switch on the driver’s side, causing it to overheat, and, potentially ignite.
The recall affects about 141,000 Honda Fit models in the United States where seven incidents of overheating, and two car fires were reported. However, there have been no reports of injuries or fatalities so far in the United States. If you own one of these affected models, you should receive a recall notice in the mail with instructions on how to have your vehicle inspected, repaired and/or fitted with a new switch at an authorized Honda dealership. Honda is proposing retrofits of some vehicles with a watertight skirt, and, replacing the switches in others.
Victims harmed by vehicle defects have the legal right to hold an auto maker liable for their injuries under New Jersey’s Product Liability Act. Honda’s is a serious auto product defect, which has the potential to cause catastrophic injury, or, even death.
If you have been seriously hurt in an accident caused by a defective vehicle, or auto part, contact Blume Goldfaden to discuss your potential case and your legal rights with a skilled New Jersey auto product defect lawyer. Our New Jersey Personal Injury Law Firm has a successful track record of having obtained numerous significant auto product liability case settlements and verdicts. Call us at 973-635-5400 for a no-cost consultation.
WPVI TV (an ABC affiliate) reported that an animal control officer in Willingboro, New Jersey, was seriously injured after she was attacked by two pit bulls. The 62-year-old officer, a nine-year veteran in animal control, was addressing complaints that two pit bulls were roaming the neighborhood. Eyewitnesses told officials that the female officer was brutally attacked by the dogs, and that she was “dragged around like a rag doll”. The victim suffered 32 separate injuries including puncture wounds and severe lacerations. Fortunately, the woman assumed a fetal position, and used her radio to call for assistance. Responding police officers shot and killed the attacking pit bulls. No charges have been filed yet against the dogs’ owner, but, an investigation is ongoing.
In New Jersey, the owner and/or one in control of a dangerous dog can be held legally responsible for the dog’s actions, even if the dog has never shown signs of aggression or viciousness prior to an incident. In addition, owners of property where a dangerous animal is housed or otherwise kept may be responsible for allowing the dog to have access to the public; such as guard dogs at commercial premises.
In dog attack lawsuits, victims can seek compensation related to medical expenses, physical pain and suffering, the costs of cosmetic surgery to treat bite marks and scarring, and, for lost wages. Compensation in such cases may also include costs associated with the need for psychological therapy, which may be required for severely traumatized dog bite victims. Liability insurance coverage for defendants sued in dog bite lawsuits is generally available under their homeowner’s policy.
If you or someone you love was seriously injured in a dog attack, contact an experienced New Jersey dog bite lawyer at Blume Goldfaden today. We will evaluate your potential case to determine whether any meritorious claims can be made. Call 973-635-5400 for a no-cost consultation.
General Motors is recalling 22,000 Chevrolet Corvettes because of concerns that the roofs may fly off unexpectedly. ABC Local reported that this auto product defect recall involves 2005-07 Chevy Corvettes and Corvette Z06 models. There was a similar recall issued in 2006, however, the problem persists. According to the report, the adhesive between the roof panel and the frame may separate in these vehicles, causing the roof to detach from the rest of the vehicle.
In May 2006, GM issued an auto product defect recall for nearly 31,000 2005-06 Corvettes over concerns that the roof might separate, especially when there is high humidity in the air. At that time, 11 incidents relating to roof separations had been reported to GM. The auto maker’s solution to the problem then was to insert adhesive foam, and, if necessary, replace the roof. However, there were additional incidents after the auto maker thought that the defect was fixed. From 2006 to the present time, GM has received an additional 108 claims of roof separation. At the present time, GM officials have stated that the defective roofs will be entirely replaced.
Based on the news report, it is not clear whether there were any injuries or fatalities as a result of the roof separations. Individuals, who have been injured as a result of roof defects, or, other vehicle defects, may have the right to seek compensation for their injuries. Such claims may include compensation for medical expenses, lost earnings, and, physical pain and suffering.
If you or a loved one has been injured in a motor vehicle accident as a result of an automobile product defect or malfunction, contact Blume Goldfaden to discuss your legal rights and potential case with a skilled New Jersey auto defect lawyer. We always offer a no-cost consultation, and, will evaluate your potential auto product liability case to determine if there are any viable claims to be made. Call us at 973-635-5400.