New Jersey Personal Injury Blog
Archive – 2011 – April
Toddler Succumbs to Head Injuries from Newark Police Chase Auto Accident
An auto accident in Newark that stemmed from a police chase resulted in the death of a 14-month-old girl on Saturday, April 9. A Star-Ledger article reports that before the fatal accident, a red Jeep was being pursued by police for many blocks after it matched the description of a stolen vehicle involved in a robbery and shooting incident. However, when the officer saw the suspects driving dangerously, they claim to have stopped the chase for concerns over safety.
The Jeep proceeded to speed the wrong way down a street, crashing into a Cadillac, which then hit a 40-year-old woman, her 10-year-old son, and her 14-month-old niece as they were crossing South 18th Street at 18th Avenue a little before 7:30 p.m. on April 7. The toddler was discovered after the crash on the pavement between the two vehicles. She died from serious head trauma and the three pedestrians, as well as the Cadillac motorist, were transported to and received treatment at University Hospital, only to be later released.
An investigation into the fatal car collision is ongoing and being led by the Essex County Prosecutor’s Office and the Newark Police Department. The drivers of the Jeep involved in the police chase are reported to be juveniles, aged 17 and 16. They are facing multiple counts, including eluding, aggravated assault by auto, aggravated assault, receiving stolen property and robbery.
Auto accidents relating to police chases may be complicated, since some fault for the accident may be connected to negligence actions on the part of law enforcement. Sometimes decisions made by a police officer during a high-speed pursuit could be in violation of the department’s standard operating procedure, and, could place the lives of others in danger. So, when a serious injury or fatal car crash occurs following a police chase, there should be a thorough investigation to determine the cause of the accident, as well as to identify all responsible parties.
No matter how complex a motor vehicle accident is, injury victims and family members of those killed should not be intimidated from pursuing their legal rights. At Blume Goldfaden, our New Jersey car accident lawyers have decades of experience holding negligent motorists and police officers accountable for the harm their careless and reckless conduct have caused. For a no-cost consultation of your potential claim, call us at 973-635-5400.
Toms River Pedestrian Accident Involving SUV on Route 70 Results in 16-Year-Old’s Death
A 16-year-old boy was killed in a pedestrian accident outside of his apartment complex in Toms River, New Jersey reports The Star-Ledger. The teenager was reportedly crossing the road around 8 p.m. when struck by an SUV. Although charges have not been filed against the driver, the accident is being investigated by authorities from the Toms River Police Department, the Ocean County Prosecutor’s Office and the county Sheriff’s Department. The victim was pronounced dead at the scene of the accident.
Based on data provided by the National Highway Traffic Safety Administration (NHTSA), 583 total traffic fatalities occurred in New Jersey in 2009, with 157 of these fatalities involving pedestrians. It was also calculated in 2009 that in the United States, on average, a pedestrian was killed every two hours and one injured every nine minutes in traffic accidents.
Pedestrian accidents can occur for a variety of reasons, some of which can be attributed to motorist negligence. It is well-accepted that motorists must yield the right of way to a pedestrian in a cross walk. In far too many cases, an inattentive driver simply did not see the pedestrian, or, could not stop in time to prevent an accident because they were driving too fast for the circumstances existing at the time.
At Blume Goldfaden, our New Jersey pedestrian accident lawyers have decades of trial experience ensuring the rights of accident victims are protected. Our firm is also dedicated to helping family members of wrongful death victims pursue claims against responsible parties. To find out more about your potential legal rights, call us at 973-635-5400 for a no-cost consultation.
Mercedes-Benz Recalls Vehicles Over Cruise Control System Flaw
The National Highway Traffic Safety Administration (NHTSA) has announced that Mercedes-Benz USA, LLC is recalling specific model year 2000-2002 M-Class and model year 2000-2004 M-Class AMG vehicles. According to the NHTSA vehicle recall alert, approximately 136,751 vehicles are being recalled because of a problem with cruise control that could lead to difficulty or delay in disengaging cruise control, therefore, increasing the chances of a motor vehicle accident.
Mercedes-Benz discovered that under some circumstances, use of the brake pedal in affected vehicles may not automatically deactivate cruise control as anticipated by a motorist. Even though other ways of disengaging cruise control are completely functional, a driver may still experience problems reducing the speed of a vehicle. For example, the degree of force required to undo cruise control to reduce the speed of the car may have to be greater than a motorist expects.
The cruise control system in affected Mercedes-Benz vehicles permits drivers to undo the system by tapping the brake pedal, using the cruise control stalk, or braking the vehicle enough to get to a specific rate of deceleration. However, this may not be an easy process for all motorists and it may occur at a slower pace than is needed to avoid an accident or adhere to traffic laws and signage.
The vehicle safety recall will begin during September 2011 and dealers are expected to fix the vehicles at no cost to consumers.
Components that affect vehicle speed and control, such as cruise control and brake systems, are essential in ensuring motorist safety and preventing auto accidents. If these vehicle parts are flawed in any way, that increases the risk of an accident occurring or can limits a vehicle’s crashworthiness and vehicle occupants and others on the road can be in serious danger of suffering injury or death.
At Blume Goldfaden, our New Jersey defective car accident attorneys have the experience and resources to successfully handle auto product liability litigation. Auto manufacturers are responsible for designing and manufacturing vehicles that are safe for consumers and the driving public. If this duty is breached, and, innocent drivers and pedestrians are seriously injured or killed as a result, auto manufactures should be held accountable. Call our firm at 973-635-5400 for a no-cost consultation about your potential claim.
Vehicle of On-Duty Patrolman Nearly Hit in Chatham by Woman Charged with DUI and Child Endangerment
The Independent Press reports that a woman was recently put in jail after almost hitting a Chatham Borough patrol car. The 30-year-old woman of Dingmans Ferry, PA was driving with her 6-year-old daughter in the car as well as an adult passenger and that passenger’s 6-year-old son. The vehicle being driven by the woman reportedly drifted across Main Street in Chatham, New Jersey, nearly striking an on-duty officer’s vehicle. When the officer stopped the suspect vehicle the driver apparently displayed signs of being under the influence of drugs or alcohol. The two children, who were not properly restrained, were handed over to relatives since the other adult passenger was also found to be intoxicated. Police also stated that a hypodermic needle was seen in the vehicle.
The female driver was charged with driving under the influence, reckless driving, failure to keep right, two counts of endangering the welfare of a child and unlawful possession of a syringe.
Information from the New Jersey Motor Vehicle Commission, notes that an individual with a blood alcohol concentration (BAC) of 0.08% or greater who operates a motor vehicle is driving under the influence (DUI). In this particular story, if the woman had caused an accident that resulted in injury or death, she could have faced serious criminal penalties and civil liability. In addition, if the alcohol consumed was served to her in a bar, restaurant or hotel, it is possible that the establishment where she consumed the alcohol might have liability as well for potentially over-serving a patron who shows signs of impairment.
The New Jersey car accident lawyers at Blume Goldfaden have decades of experience holding impaired drivers legally responsible for the harm that they cause. Injured accident victims may be able to obtain compensation for their physical injuries and other damages. Contact our law firm at 973-635-5400 for a no-cost consultation.
May 2011 Volkswagen Recall to Affect New Jersey Jetta Owners
The National Highway Traffic Safety Administration (NHTSA) reported the impending May recall of 2011 Volkswagen Jettas in early April. The reason for this recall is an electrical system malfunction, specifically concerning fuses and circuit breakers.
A potential 71,043 certain model 2011 Jettas, manufactured from March 2010 through March 2011, are being recalled by Volkswagen America, Inc. due to a faulty electrical wiring and fuse layout. The same fuse used by the signal horn and the anti-theft alarm system also protects the converter box; should that fuse be blown, the converter box will become disconnected from the power supply, thus jeopardizing various vehicle applications and motorist safety. Without an intact connection to the power supply, applications such as the engine management system, lighting system, and windshield wipers can be shut down.
The consequences of the affected Jetta’s vehicle applications shutting down can be potentially serious for New Jersey drivers. For example, if the malfunction occurs while the vehicle is being driven, the headlights or wipers may turn off, or the engine could stall, significantly increasing the risk of a sudden accident without warning. Similarly, if there is any effect on the Electronic Stability Control (ESC) system, especially when driving on icy or wet roads, a severe and unexpected New Jersey car crash can result.
It is the responsibility of auto manufacturers to ensure that their vehicles are designed and constructed to meet consumer safety standards. When a defective auto vehicle or component results in a New Jersey injury accident, the manufacturer may be held liable for the injuries and damages suffered. In such a case, due to the complex nature of auto product liability litigation, it would be beneficial for an injured consumer to contact an experienced New Jersey defective auto design injury lawyer.
If you or a loved one has been injured in a traffic accident due to defective auto manufacturing or design, the attorneys at Blume Goldfaden can advise you on the merits of your potential claim and the best possible course of action for your situation. Call us at 973-635-5400 to schedule a no-cost consultation.
Council Meeting Addresses Injury Accident and Inadequate Security at Summit Tier Parking Garage
A council meeting was held recently regarding the safety of the Summit tier parking garage behind Springfield Avenue, reports The Independent Press. According to the article, the mother of a 9-year-old girl who suffered a fractured skull, concussion, and lacerations after a pipe coupling at the parking garage fell and struck her asked the Common Council what procedures are carried out to make sure the parking garage is safe. The accident involving the child is currently under investigation.
Another issue raised during the meeting related to a security camera at the parking garage that was installed in 2001, but has not been functioning. The mother of the child who was injured at the parking garage also stated at the meeting that cars have been vandalized and she’s heard that the garage’s upper level has become a place where teenagers hang out.
Money to pay for cameras and updates to the tier garage to improve safety have reportedly been put aside, according to the Parking Utilities Directory.
Municipal property owners are responsible for ensuring that appropriate precautions are taken to ensure that hazards or safety issues that pose a threat to the public who visit or use their premises is minimized. When business and municipal owners neglect this responsibility, unsuspecting patrons are in danger of suffering assault, serious injury, illness, or even death.
A New Jersey premises liability attorney can protect the rights of those who sustain damages and losses from injury or death as a result of property owner negligence. Although not every accident will result in a meritorious premises liability claim, those who have a viable claim may be entitled to obtain compensation for physical pain and suffering, medical bills, lost income, and, where applicable, wrongful death damages. For a no-cost consultation, contact the lawyers at Blume Goldfaden at 973-635-5400.
Middletown Man Killed, 2 Injured in 3-Car Garden State Parkway Crash
A night-time accident on April 2, near mile marker 120 on Parkway South, resulted in death for one man and mild to serious injuries for his passengers, according to NJ.com. The alcohol-related New Jersey car accident, which caused several hours of backed up traffic lanes, involved a 2006 Chevrolet Cobalt, a 2004 Ford Freestar, and a 2001 Toyota Sienna.
The three-car crash began when the Chevrolet Cobalt rear-ended the Ford Freestar in the local lanes of the Parkway. The force of the impact overturned the Freestar and caused it to jump the guardrail, after which it landed in the express lanes and was hit by the Toyota Sienna. The driver of the Freestar was pronounced dead at the scene; one of his passengers suffered internal injuries and was airlifted to Robert Wood Johnson University Hospital, while the other was taken to Jersey shore University Medical Center due to neck and back pains. Both the driver of the Sienna, and the driver of the Cobalt were uninjured. The driver of the Cobalt was charged with driving while intoxicated; however, the investigation is ongoing.
According to the New Jersey Department of Transportation (NJDOT), there were 257,801 motor-vehicle accidents in 2009. Of that number, 533 were fatal crashes, and 64,348 were crashes resulting in personal injury. Whether due to distraction, fatigue, speeding, or substance abuse, unsafe drivers cause most accidents and should be held responsible for any death or serious injury to other drivers and passengers.
If you were involved in a motor vehicle accident caused by a negligent driver, the unsafe driver may be held responsible for your physical pain and suffering and economic losses. The experienced New Jersey car crash injury lawyers at Blume Goldfaden can advise you on the best course of action for your particular case. Contact us at 973-635-5400 for a no-cost consultation.
Inspections of New Jersey Same-Day Surgery Centers Reveal Violations
The New Jersey Department of Health and Senior Services inspected 40 unlicensed surgical centers at random between August 2009 and February 2011. According to an NJ.com article, several violations discovered by inspectors have raised concern about patient safety and the quality of care provided to them. Health advocates and some officials are joining forces to have New Jersey require routine inspections of all same-day surgery centers.
There are at least 300 same-day surgery centers in New Jersey. However, not all of these surgery centers are licensed or regularly inspected for potential health risks and violations. In New Jersey, surgery centers that only have one operating room are not required to have a license. New Jersey requires surgery centers with two or more operating rooms to have a license and receive inspections approximately every three years.
Same-day surgery centers often appeal to patients who are seeking speedy, convenient service for elective surgery. With new data suggesting a concerning presence of violations, some patients may think twice about going to one of these facilities. Inspectors conducting the same-day surgery center sweep determined that 17 unlicensed centers presented an “immediate jeopardy” to patient health and safety, temporarily shutting down seven until specific problems are fixed. The state also examined 51 licensed surgery centers and determined that 8 presented “immediate jeopardy”, closing two of them for the time being.
Some of the most common problems detected by inspectors included improperly sterilized equipment, and, discharging patients before a doctor’s examination. Other problems included failing to fix unsanitary conditions, splitting single-dose drugs between numerous patients, giving patients expired mediation, and prefilling unlabeled syringes.
Medical professionals, such as doctors, anesthesiologists and nurses, are responsible for providing a high standard of care to patients. Unfortunately, mistakes during surgery, medication errors, sleep deprivation, miscommunication, and unsterile equipment can increase the possibility of serious illness, injury, and even death.
At Blume Goldfaden, our New Jersey surgical negligence attorneys have decades of experience obtaining successful case results for various types of medical malpractice, including informed consent violations, anesthesia accidents, surgical mishaps, birth injuries, and other acts of negligence on the part of a hospital or medical professional. For a no-cost consultation of your potential claim, call 973-635-5400.
