Attorney Blog

Car Going Opposite Traffic Shuts Down Route 23

Mon, 23 Jan 2012 08:00:00 EST

A northbound vehicle crossed into the southbound lane and collided with three vehicles around 6:39 a.m., Hardyston Police Lt. Scott Lobban said.
"(The vehicle) collided with three southbound vehicles, which culminated in a pickup (truck) being overturned on its roof," Lobban said.
Hardyston police and fire departments responded to the scene. The fire department had to extricate a male from the overturned pickup truck. The male was transported to an unspecified hospital for a head injury, Lobban said.
The driver of an Audi, a man, sustained facial injuries and was taken to Newton Medical Center. Two females-- one in a Jeep and the other in a Toyota Prius-- sustained no injuries from the accident, Lobban said.
Police directed traffic onto Silver Grove Road to bypass the accident from about 7 a.m. to 3 p.m. By about 11 a.m., the scene had been mostly cleared except for the Audi, which was smashed in the front. A salt truck was brought to the scene in the morning to spread salt to absorb fluids that were leaking from the vehicles.
Lobban said the Sussex County Accident Reconstruction Team came to the scene to take measurements and collect information.
"We contacted the (Sussex County) Prosecutor's Office and a team came out as a precautionary measure," Lobban said.
But, after speaking to Detective Sgt. Thomas McCormick of the county prosecutor's office, the accident was turned back to the Hardyston Police Department to investigate, Lobban said.
As of Thursday afternoon, Hardyston police had not charged anyone involved in the accident. Patrolman Brad Worman is continuing to investigate.
Lobban said although it is still unclear as to why the accident happened, he didn't see icy road conditions at the scene.
"The charges are pending, Lobban said. "They are investigating and piecing it
together."

Admitting Fault After an auto accident can wreck your case!

Mon, 23 Jan 2012 08:00:00 EST

You just got into an accident. It is important to remain calm while talking to the other driver and don’t say anything that could be construed as an admission of fault. A harmless apology, made in an attempt to placate the other driver’s anger, can be twisted by an insurance company lawyer into a confession that the accident was the result of your negligence.
How you feel towards the other driver after the accident—enraged, indignant, sheepish or remorseful—isn’t necessarily a reflection of who was actually at fault. I’ve heard of drivers who were clearly in the wrong but acted as though they were innocent victims of another’s recklessness. And I’ve known others who apologized profusely in spite of having done nothing wrong. Regardless of who you feel is at fault, it’s best to avoid discussing with the other driver the details of the accident and how it happened, no matter how much you may be tempted to do so. Do not argue with another driver or passengers—nothing good can come of it. At the same time, keep an ear open to what the other driver says and write down any admission or apology as quickly as possible.

Two car accident in Old Bridge, New Jersey

Thu, 08 Dec 2011 08:00:00 EST

A car making a left out of a shopping center parking lot was struck by a Township of Old Bridge pick-up truck. The pick-up truck swerved out of control, jumped the curb, and struck three parked vehicles totaling at least one of the vehicle. Both drivers were transported by ambulance to local hospitals. Be careful coming out driveways and parking lots...you never know who is coming down the road at a higher rate of speed than allowed!

Seeing accidents like this makes me want to review my auto insurance policy. If the driver of the pick-up truck was responsible for carrying his own insurance policy and he carried the minimum of $5,000 for property damage as required by law, not only would the driver of the other vehicle be out of luck, but the owners of the parked cars would also be out of luck and would have to call their insurance companies for coverage!

During the holidays, please drive safely! Your safety and the safety of others depends on it!

Bill Introduced to Declare Cell Phone Use a Reckless Driving Violation

Fri, 18 Nov 2011 08:00:00 EST

BY: David Gialanella/NJ Law Journal, November 18, 2011

Under current law, N.J.S.A. 39:4-97, operating a hand-held electronic communication device while on the road carries a $100 fine and no motor vehicle or insurance eligibility points.

The bill, A-4266, would allow motorists to be handed a $100 fine and a 60-day term of jail or community service for a first offense; a $250 fine and another 60-day term for a second; a $350 fine, a 90-day term and six-month license suspension for a third; and a $500 fine, 120-day term and one-year suspension for a fourth or subsequent offense.

A violator would be assessed five points for each offense.

Crash leaves NJ Man Dead

Wed, 16 Nov 2011 08:00:00 EST

A New Jersey man died this morning in a car crash at the intersection of Ashford and Westford roads in Eastford.
Diego Barreros, 26, of Plainfield, N.J., was reportedly driving south on Ashford Road shortly before 6 a.m. this morning, when the Mitsubishi GST he was traveling in collided with another vehicle at the intersection of Westford Road.
According to a report from state police Troop D, Barreros died at the scene. He was not wearing a seatbelt at the time of the accident.

The driver of the second vehicle, 20-year-old Ryan Sherman, of Eastford, was not injured. Sherman was traveling east on Westford Road in a Chevrolet Blazer when the collision occurred.
State police report the accident is under investigation.

Read more: Eastford crash leaves one dead - Norwich, CT - The Bulletin

School Bus Drivers and DWI

Wed, 16 Nov 2011 08:00:00 EST

A New Jersey school bus driver was arrested yesterday after crashing into a tree in East Brunswick , accused of driving while intoxicated. This is not the first time we hear about school bus drivers driving while intoxicated. How do they get behind the wheel to begin with? Granted if a driver doesn't have a DUI on his or record, there is no reason to believe they will get a DUI....but then again, there is no reason to think they WILL NOT get a DUI either. And it is impossible to keep constant eye on all drivers before they get behind the wheel. Or is it?

In certain circumstances Courts in NJ have ordered interlocatory devices be installed on the vehciles of repeat offenders to make sure they are unable to turn the car on if they are drunk. The devices are not too expensive, but they do save lives. It only makes sense that they be installed in all school buses to make sure that no driver will operate a school bus while drunk, endangering the lives of the children on the bus or people on the road.

NJ State Bar Association accuses Gov. Chris Christie of Judicial Interference

Wed, 19 Oct 2011 08:00:00 EST

Statement from New Jersey State Bar Association President Susan A. Feeney

Gov. Chris Christie's comments today are yet another attempt to intimidate the courts and unduly influence the judicial process. Further, his personal criticism of Mercer County Assignment Judge Linda Feinberg is unwarranted and irresponsible.

Judge Feinberg has a sterling record for integrity as one of the most respected members of the New Jersey bench, as well as a long, distinguished career as a public official. While the Governor would have the public believe she made an arbitrary, self-interested decision, that is not the case. Her opinion in favor of Judge DePascale is based on a comprehensive legal analysis of the issues raised by both parties in the case. Judge Feinberg did exactly what a judge is supposed to do: she applied the law - without concern for political retribution or the "pocketbook" interests of herself and her colleagues.

The Governor's continued attack on the Judiciary denigrates the separation of powers and the independence of the Judiciary as a separate branch of government. It is a blatant attempt to mislead the public and influence the judicial process and Supreme Court. As a lawyer, he should know better.

A Blog that led to a lawsuit!

Wed, 19 Oct 2011 08:00:00 EST

One of the major gripes people have with lawyers is that lawyers sue just for fun. While I strongly disagree with that characterization, reading about a lawyer that sued another lawyer for defamation because of what was written about him on that lawyer's blog is ridiculous. For one, freedom of speech is screaming here!!! You can't sue me because I express my opinion (unless I am making a statement of fact that I know to be wrong--FACT is the keyword here). An opinion is just that, an opinion. Nothing more or less.

Apparently there is a shortage of work for this law firm. I guess when clients are hard ot come by, you become your own client. Really people, grow up!

NJ State Trooper Indicted for drunk driving accident

Thu, 22 Sep 2011 08:00:00 EST

A New Jersey State Police trooper has been indicted for charges relating to a drunk driving accident. The office has been accused of being drunk and slamming into the rear of another car on a darkened Camden County highway - then failing to correctly identify himself.

The trooper, Detective Sgt. William Billingham, was arraigned on Sept. 12, and he pleaded not guilty to a fourth-degree charge of assault by auto in the crash, which left him with six broken ribs and the other driver with an injured back.

But the victim's lawyer said that he would update a lawsuit against the trooper and the state of New Jersey with allegations of a cover-up in addition to seeking an undisclosed amount for damages.
The trooper was off-duty and driving an unmarked State Police car when he struck the back of an SUV on Route 295 in the pre-dawn hours of March 22, 2009, according to state reports. Prosecutors say he was drunk at the time.
After the incident, troopers identified Billingham by his undercover name, William Gillespie, on the accident report.

Facebook can wreck your injury case

Thu, 22 Sep 2011 08:00:00 EST

A quick view of Facebook photos and I quickly noticed how nothing stays private. Not only did I manage to look at photos of "friends," I was able to look at photos of people I did not know... Total Strangers!!!! Shocking, right? When did privacy go out the window?

If you have a personal injury case, you must be careful what you post on Facebook! The insurance companies are searching for you and when they find pictures of you doing things you claimed you can no longer do as a result of an accident, you can bet they are going to use them against you.

Have you heard of the Miranda warning in Criminal cases? Well, here is my version of it in PI Cases.....

"You have right to post photos on Facebook. Anything you post will be used against you by the insurance company and will be shown to the judge and jury. "

Be careful....Insurance companies are watching!

NJ Woman Dies in Turnpike Accident--Was not wearing seatbelt

Wed, 21 Sep 2011 08:00:00 EST

Jamesburg woman died in a motor vehicle accident on the New Jersey Turnpike on Sept. 15, according to a New Jersey State Police press release.

Nicole Gandy, 25, of Sand Hill Court, was driving northbound at 7:36 a.m. when her Ford Explorer overturned and struck the guardrail near Exit 8A/NJ 32 in South Brunswick. The vehicle came to an uncontrolled rest in the right lane facing southbound. Gandy was not wearing a seatbelt upon impact and was ejected from the SUV, police said.

Robert Wood Johnson University Hospital EMS and Monroe First Aid responded to the accident, and Gandy was transported to Robert Wood Johnson University Hospital in New Brunswick. She was pronounced dead at 7:59 a.m. by a RWJ doctor, according to the release.

Always wear your seatbelt. It saves lives!

Seatbelts Save Lives

Wed, 21 Sep 2011 08:00:00 EST

A 25-year-old woman was killed in a car accident today on the New Jersey Turnpike near exit 8A. Police say she was not wearing her seatbelt and was thrown out of her Ford Explorer upon impact. She was killed instantly.

Don't risk your life. Buckle up! Not only will you save money on a "no seatbelt" ticket, you will save your life!

Driver Arrested for Deadly Hit and Run in Cherry Hill, NJ

Tue, 20 Sep 2011 08:00:00 EST

A pedestrians crossing the street in Cherry Hill, NJ, was struck and killed by a hit and run driver. The driver made no attempt to stop. An anonymous tip led to the arrest of 25-year-old Elisha A. Pollosco. His car was also impounded as evidence. He is currently being held on $160K bail.

NJ Hospital Accused of Overcharging Accident Patients

Tue, 20 Sep 2011 08:00:00 EST

Meadowlands Hospital Medical Center in Secaucus has been accused by insurance companies of billing them as much as 3,000 percent more than its own outpatient surgery centers charge for the same treatment. New Jersey is looking to close a fee loophole that has allowed such greedy conduct to continue.

The hospital is managed by outpatient surgery center operators, having been purchased by 3 nearby surgicenters last year. According to the report, which alleges that the new owners have been referring auto accident victims from their facilities to the hospital to take advantage of a fee loophole. New Jersey limits what surgicenters may charge, but it doesn't regulate what hospitals may charge for most outpatient care.