Author: Davis, Saperstein & Salomon, P.C.

In New Jersey, an injured person’s right to sue and the amount they may ultimately get paid for their pain, suffering, lost wages, and medical bills may depend upon the decisions made when the auto insurance policy was bought for their household, or the car they occupied. As a result, buying car insurance is a major decision not to be taken lightly, and it may have dire consequences to someone injured no matter who caused the accident. A new law effective as of January 1, 2023, changes the minimum auto insurance requirements in New Jersey.

New Jersey Minimum Coverage Limits for Auto Insurance Set to Increase in 2023

Fifty years ago, New Jersey adopted No-Fault insurance that required all New Jersey cars carry liability insurance of no less than $15,000. Putting that in perspective, in 2023 dollars, $15,000 would amount to $106,834. New Jersey was long overdue for a coverage change, but it falls short of inflation.

The change applies to all policies, except the dollar-a-day policy for certain drivers who have no assets and are on public assistance. Driving without liability insurance is against the law and could result in both motor vehicle convictions and loss of the ability to sue for injuries.

The new law requires that upon renewal, New Jersey drivers’ minimum liability coverage will increase in two phases. All standard auto insurance policies issued after January 1, 2023, must provide at least:

• $25,000 in bodily injury liability per person
• $50,000 in bodily injury liability per accident
• $25,000 in property damage liability per accident
• Uninsured/underinsured motorist (UM/UIM) coverage equal to the minimum bodily injury liability

 The minimum coverage limits for standard auto policies issued after January 1, 2026, will increase to:

• $35,000 in bodily injury liability per person
• $70,000 in bodily injury liability per accident
• $25,000 in property damage liability per accident
• Uninsured/underinsured motorist (UM/UIM) coverage equal to the minimum bodily injury liability

2023 New Jersey Auto Insurance Explained

Drivers have two main options regarding auto insurance policies in New Jersey. The first option is a basic auto insurance policy, which provides minimal coverage but is much cheaper than a “standard” auto policy. The basic policy is a special policy to help make limited auto insurance coverage available to drivers who are eligible for Federal Medicaid with hospitalization. Such drivers can obtain a medical coverage-only policy at a cost of $365 a year.

A basic New Jersey auto insurance policy includes:

• $5,000 in property damage liability per accident
• $15,000 in Personal Injury Protection (PIP)
• An option for $10,000 in bodily injury liability

It also provides only a Limited Right to Sue another driver after a crash. The changes to New Jersey’s auto insurance minimum requirements do not affect basic policies.

For those not on public assistance, the minimum requirement is met for New Jersey drivers by the standard auto insurance policy.

The current minimum coverage requirements for a standard auto policy are:

• $15,000 in bodily injury liability per person
• $30,000 in bodily injury liability per accident
• $5,000 in property damage liability per accident
• $15,000 in Personal Injury Protection (PIP)
• An option for uninsured/underinsured motorist (UM/UIM) coverage
• An option for collision or comprehensive coverage

Standard auto policies can include a Limited or Unlimited Right to Sue, depending on how much a driver wants to pay in premiums.

If you are hurt in a crash, your first option for recovering compensation is your PIP coverage. Your PIP pays according to the applicable policy for medical bills and lost wages regardless of who was at fault. Your options for recovering additional compensation depend on your insurance coverage and who caused the crash. If you were mostly at fault for the accident, you will still be able to get your medical bills paid and lost wages from your household auto insurance policy or, if you have none, then from the car you occupied. But if the other driver was to blame, their insurance provider should cover your property damage repairs and certain other losses up to their policy limits.

You may have to file a lawsuit against the other driver to get full compensation. The no-fault insurance policy that applies to you determines whether you can pursue non-economic damages, such as pain and suffering. If that policy has a Limited Right to Sue, you will be subject to the “verbal threshold.” In that case, you must show you suffered a permanent injury before you can sue for your pain and suffering non-economic damages. Drivers with standard auto policies that include an Unlimited Right, also called “no threshold” or “zero threshold,” can sue for pain and suffering after sustaining any injury and need not show a permanent injury.

An important exception is when the accident is caused by a truck or commercial vehicle. In that case, no threshold applies, and an injured person can sue for all injuries, whether permanent or not.

When buying car insurance, it is critical not to buy the minimum amount of Personal Injury Protection (PIP) coverage. The minimum offered is $15,000, but we recommend that everyone purchase $250,000 in primary medical coverage when buying auto insurance.

The law can be tricky to figure out who pays the medical bills for people that do not own, drive, or live with a family member that owns a car. To find the answer to that, we recommend that you visit www.pipulator.com for guidance.

How Will This Change Impact New Jersey Drivers?

New Jersey Advance Media reports that over one million drivers could see their premiums rise in 2023 due to the increase in minimum auto insurance coverage in NJ. Supporters of the insurance changes argue higher premiums are worth it to provide better coverage for injured parties. Still, the full effects of the increased insurance requirements remain to be seen. To learn more about New Jersey’s auto insurance system and how the upcoming changes could affect your policy, contact the NJ car accident lawyers at Davis, Saperstein & Salomon, P.C.

Reach Out to a Knowledgeable New Jersey Car Accident Attorney Today

Have you been hurt in a car accident in New Jersey? Are you worried about how complicated NJ auto insurance laws and regulations could impact your personal injury case? Then contact Davis, Saperstein & Salomon, P.C. today for a free consultation with a car accident lawyer in New Jersey.

The post New Jersey Minimum Coverage Limits for Auto Insurance Set to Increase in 2023 appeared first on Davis, Saperstein & Salomon, P.C..

from Davis, Saperstein & Salomon, P.C. https://www.dsslaw.com/blog/nj-minimum-auto-insurance-increases-2023/
via https://www.dsslaw.com/

In recognition of the attorneys and staff’s dedication to its injured clients, the partners at the personal injury law firm of Davis, Saperstein & Salomon, P.C. have given each employee a Stop & Shop gift card for Thanksgiving. The partners hope that gift cards make the holiday special for the hardworking team and their families.

When planning for this year’s gift card giveaway, Davis, Saperstein & Salomon’s management specifically chose Teaneck’s Stop & Shop, located at 665 American Legion Drive, not only because of its proximity to the firm’s Cedar Lane law office, but to help those that work within the community. The firm is urging its employees to spend the $150 gift card at the town’s location.

“I believe that for a community’s economy to be strong, each business must do their share in helping the local merchants. That means sharing our assets with of all of Teaneck’s amazing businesses and shops,” says Davis, Saperstein & Salomon, P. C’s Managing Partner, Garry Salomon, “Our local Stop & Shop provides fresh, quality food and caring customer service. We are going to urge our employees to give back by using the gift cards specifically at the Teaneck location.”

Davis, Saperstein & Salomon, P.C. is proud to call Teaneck home for over 25 years and is extremely active in volunteerism and community service. On November 17, 2022, the firm was recognized by the Teaneck Chamber of Commerce with its Community Service Award. Some of the firm’s previous township initiatives include enacting Teaneck Strong Day in 2020, sponsoring Teaneck Night Out, creating the Teaneck Bar Association, and so much more. The firm’s Partners and management would like to thank Stop & Shop for their dedication to the township and for assisting in its Thanksgiving gift card giveaway to its staff.

For over thirty years, the attorneys, and staff at Davis, Saperstein & Salomon, P.C. have helped over 30,000 families seek justice for injuries caused by the negligence of others. The firm’s success is based on many factors, including building relationships, as well as continuous education of its clients and staff.  The firm has 28 injury lawyers, of which 13 attorneys are certified by the Supreme Court of New Jersey as civil trial attorneys, an honor held by less than 2% of attorneys throughout New Jersey. Davis, Saperstein & Salomon, P.C. can be contacted by phone at 1-800-LAW-2000, or by email through info@dsslaw.com. The firm offers free and confidential consultations and second opinions and maintains offices throughout New Jersey and New York City.

The post Davis, Saperstein & Salomon, P.C. Give Back to the Teaneck Community & Employees appeared first on Davis, Saperstein & Salomon, P.C..

from Davis, Saperstein & Salomon, P.C. https://www.dsslaw.com/blog/give-back-to-teaneck-community-and-economy/
via https://www.dsslaw.com/

In recent years, Americans have benefited from a surge of work-from-home opportunities. Many workers enjoy the flexibility and freedom that a remote job affords them. However, the popularity of work-from-home careers has led to interesting legal questions about remote positions and an employee’s right to workers’ compensation benefits.

In a traditional workplace, employers must keep the working environment free from safety hazards. However, they cannot meet this obligation when they have no control over the workplace. So what happens when you are injured on the job while at home?

Here are the 6 FAQs that the workers’ compensation attorneys at Davis, Saperstein & Salomon, P.C., want remote workers to know about their legal rights when injured at home while on the job. To learn more about workers’ compensation benefits for work-from-home employees, contact our office for a free consultation.

6 Frequently Asked Questions About Workers’ Compensation

Are Remote Workers Covered by Workers’ Compensation?

Workers’ compensation benefits cover the costs of medical bills and lost wages to individuals hurt on the job. Nearly all New Jersey employers must carry workers’ compensation insurance, with few exceptions. Although it is designed to protect workers injured in traditional work environments, New Jersey’s workers’ compensation system allows remote workers to receive benefits. But even though remote workers are eligible to apply for workers’ compensation benefits, they must prove that their injury occurred at home while working — which can be challenging.

How Can Remote Workers Minimize the Risk of Getting Injured at Home?

In a traditional work setting, an employer is responsible for ensuring the workplace is safe and free from hazards. When a person works from home, they take on this responsibility. Remote workers can minimize the risk of getting injured at home by following these steps:

• Prevent slip and fall accidents — Keep your workspace clean, including all pathways between your work and common areas. Paths should be free from debris, cords, and other tripping hazards. Take the time to clean up spills or other potential dangers like toys or clutter.
• Stay active — Most people know that a sedentary lifestyle is bad for the mind and body. But working from home can prevent an active lifestyle. Remote workers tend to move less than those who go into the office. Throughout the day, take brief but active breaks. Go for a short walk or get up and stretch.
• Protect your eyes — Staring at a screen all day can lead to eye strain and other significant eye issues. When you get up to stretch or walk, give your eyes a break, too. Consider also adjusting your monitor or screen settings to decrease eye strain.
• Consider your workspace — If you work from home, consider how your workspace looks and feels and whether it is helping your comfort and safety. You may want to invest in an ergonomic desk, chair, or keyboard. These tools are designed to increase comfort and minimize the chances of developing pain or repetitive injuries in the neck, shoulders, back, and wrists.

What Work-from-Home Injuries Are Covered by Workers’ Compensation?

Workers’ compensation generally covers any injury suffered while performing work-related duties. The most common work-from-home injuries that are covered by workers’ compensation include the following:

• Slip and fall injuries
• Back and neck injuries
• Eye strain
• Musculoskeletal conditions
• Cumulative injuries
• Anxiety
• Depression

What Are Cumulative Injuries?

Cumulative injuries are also known as repetitive motion injuries. These injuries occur over time due to consistent, repetitive motion and overuse of specific muscle groups in the body. In work-from-home settings, cumulative injuries are typically the result of poorly designed workspaces and a lack of ergonomic office equipment.

Examples of cumulative injuries include:

• Carpal tunnel syndrome
• Bursitis
• Tendonitis
• Back, neck, and shoulder pain

Can Workers’ Compensation Cover Mental Health Issues Caused by Working Remotely?

Remote work can sometimes lead to mental health issues rather than physical injuries. Many employees who work from home feel a sense of isolation and develop anxiety or depression. In addition to physical injuries, New Jersey workers’ compensation benefits cover mental health issues caused by work.

If you have been diagnosed with a mental health condition caused by working remotely, you could be entitled to compensation through the workers’ compensation program. However, mental health conditions are not visible like many physical injuries. Proving that you suffer from a work-related mental health condition is often more challenging than proving you have a physical injury.

How Can a Workers’ Compensation Lawyer Help?

If you are a remote worker injured on the job, you must prove that you suffered an injury while working from home. It can be particularly challenging to prove your injuries when you work from home, especially while you are healing. You may face obstacles to getting the workers’ compensation benefits you need and deserve.

A skilled workers’ compensation attorney can help you navigate the process of applying for workers’ compensation benefits when you are a remote worker. A lawyer can promptly and accurately file the necessary paperwork, obtain medical records for proof of your injuries, and negotiate with insurance companies on your behalf to demand maximum compensation. The attorneys at Davis, Saperstein & Salomon, P.C. can aggressively advocate for your rights to seek the money you require for medical bills, lost wages, and other expenses due to a work-related injury.

Contact Davis, Saperstein & Salomon, P.C. to Fight for Your Rights

If you were injured while working from home, you should know that remote workers have legal rights. Let the experienced workers’ compensation attorneys with Davis, Saperstein & Salomon, P.C. work to protect yours. We will diligently pursue the workers’ compensation benefits you need and handle every detail of your case, so you can focus on healing. With over 30 New Jersey personal injury attorneys on our team, we have the resources to fight for the benefits you deserve. Contact our New Jersey office today for a free and confidential legal consultation.

The post Work from Home? Here Are 6 Frequently Asked Questions About Workers’ Compensation appeared first on Davis, Saperstein & Salomon, P.C..

from Davis, Saperstein & Salomon, P.C. https://www.dsslaw.com/blog/work-from-home-frequently-asked-questions-about-workers-compensation/
via https://www.dsslaw.com/

On the evening of Monday, October 31st, a 59-year-old woman was crossing Hudson Street in Hackensack, New Jersey, when she was hit by an oncoming car. Authorities say she was traveling outside the crosswalk when she was hit. The woman suffered many injuries and was taken by ambulance to a nearby hospital. She is still in critical condition. The driver, a 63-year-old man, did not need emergency care and stayed on the scene to talk with authorities. 

New Jersey Pedestrian Accident Statistics

Sadly, pedestrian accidents are relatively common in New Jersey. In 2022, the annual Smart Growth America “Dangerous by Design” report ranked New Jersey as the nineteenth worst state for pedestrian deaths. The information looked at traffic death statistics across all fifty states from 2016 to 2020. Statistics showed that 870 pedestrians were killed in New Jersey over the five years. This is a death rate of 1.96 deaths per 100,000 people every year. Conversely, Iowa ranked as the safest state for pedestrians, with a death rate of only 0.73 per 100,000 people. 

The report also found that minorities living in lower-income neighborhoods experienced a higher death rate. In addition, it found that African Americans are twice as likely to be hit by a car while walking than white Americans are.

How Is New Jersey Working to Improve Pedestrian Safety

The New Jersey Department of Transportation (NJDOT) has been taking steps to improve pedestrian safety. For example, NJDOT recently added bike lanes and upgraded twenty-nine intersections on Main Street (Route 71) in Allenhurst and Asbury Park. In addition, they improved the intersections’ curbs and now have Americans with Disabilities Act (ADA) compliant ramps. The NJDOT has also been working on projects to add other traffic control methods, like lane narrowing, roundabouts, and road diets. The U.S. Federal Highway Administration (USFHA) describes a road diet as a type of road design that changes an undivided four-lane roadway into a three-lane street. The USFHA reports that four-lane roadways have a lot of car crashes, but a road diet can lower their frequency by 19% up to 47%. Route 29 in Lambertville and Route 130 in Burlington City recently underwent road diets under the NJDOT. 

The legislative branch is working alongside NJDOT to better pedestrian safety and traffic conditions. Senator Patrick Diegnan and Assemblyman Robert Karabinchak recently introduced a bill for a new law that, if passed, will make a New Jersey 21-member Vision Zero task force. The task force is modeled after the Vision Zero program in Hoboken, which has had no traffic deaths in the last four years. Secretary of Transportation Pete Buttigieg is also planning to implement Vision Zero nationally. The NJ Vision Zero task force would gather data on unsafe traffic practices and recommend how to fix them to lawmakers and Governor Murphy to improve pedestrian safety.

Together, with the combined efforts of the NJDOT, various traffic and safety organizations, lawmakers, and of course, New Jersey families and communities, we can design and build a safer New Jersey. 

Laws In New Jersey Protecting the Safety of Pedestrians

It is important to know New Jersey’s right-of-way laws as both a driver and a pedestrian. These laws require cars to yield to pedestrians crossing crosswalks, corners, and other areas marked explicitly for pedestrians. When crossing a street, there aren’t any close corners or intersections; traveling corners is more dangerous in certain situations due to fast-turning vehicles. Pedestrians are not expected to walk unreasonable distances to cross a roadway. In these cases, pedestrians crossing areas other than crosswalks do not have the right of way and must use reasonable care when crossing a street. Motorists can not ignore the possibility of midblock crossers, adults and children on bicycles, and people crossing highways and roadways. They are obligated to look out for and expect pedestrians crossing midblock and avoid colliding with them.  

For example, a driver can still be held liable even if it seems they have the right of way. In Leighton v. Sim (1991), the New Jersey Appellate Court settled a lawsuit in favor of the plaintiff. The plaintiff was a pedestrian hit by a car while crossing the street outside a crosswalk. The Court reasoned that if the driver had been paying attention to the road, they would have seen the pedestrian and would have been able to avoid the accident. State and federal law require drivers to pay close attention to their surroundings, so the Court ruled that the driver could be held liable. If the driver of the October 31st accident also could have avoided hitting the pedestrian, he may be held responsible based on the precedent set by Leighton v. Sim.

Contact the Pedestrian Accident Lawyers at Davis, Saperstein & Salomon, P.C. for Help

If you or someone you know was hit while crossing a street, the experienced lawyers of Davis, Saperstein & Salomon, P.C. may be able to help you. Please call us now for a free and confidential case evaluation at 201-444-4444, or chat with us online.

The post Improving Pedestrian Safety in New Jersey appeared first on Davis, Saperstein & Salomon, P.C..

from Davis, Saperstein & Salomon, P.C. https://www.dsslaw.com/blog/improving-pedestrian-safety/
via https://www.dsslaw.com/

A parent’s worst nightmare by far is a tragic and senseless loss of a child. Our condolences to the parents of Joseph Ancona whose son needlessly died on October 24, 2022, at 4:55 PM, while boarding a subway at Columbus Circle, in New York City.   According to press accounts, Joseph Ancona, age 20, from Westwood, NJ, tried to board the No.1 Train when his bag or backpack became stuck in the closing doors just as the train departed, dragging him onto the tracks where he was struck by a southbound train.  Joe was a well-liked stagehand at New York’s Metropolitan Opera.

Unfortunately, pedestrian deaths involving MTA trains are all too common and preventable.  The Metropolitan Transportation Authority (MTA) accounted for 169 collisions between people and trains in 2020, 63 of which resulted in death.  According to the New York Post, this year, as of August 30, 2022, almost 50 people have died on the tracks.

The MTA is investigating as well as the NYPD.  Official investigations often focus on whether or not the death was caused by a crime, such as an intentional push by a stranger, or equipment failure.  However, these investigations often do not investigate and determine the real cause of a fatality.

For example, several years back, a young man fell from a platform onto the tracks where a train ran over him causing amputations of both legs.  The MTA’s investigation denied liability, however, several attorneys at Davis, Saperstein & Salomon, PC dug deeply into the facts and discovered that the platform had a chunk of cement missing which caused a hole in the platform. The hole caught the young man’s foot, causing him to fall onto the tracks.  After years of intense litigation, attorney Samuel L. Davis, and his New York team of attorneys won a settlement of $9,000,000 for the young man. “Their self-serving theory as to the cause of my client losing his legs was just incorrect, said Davis, who further said, “after creating a studio-quality animation showing exactly how the City of New York was negligent, they accepted responsibility and paid my client his settlement.”

According to Davis, Joe Ancona was a victim of negligence likely caused by a negligent Train Conductor whose job it is to professionally operate the doors and look out for passengers in a compromised life-threatening situation.  A detailed investigation will follow, with video footage and eyewitness statements.  Once negligence is proven, the MTA should accept responsibility and compensate the family for Joseph Ancona’s loss of life, pre-impact terror, and his pain and suffering.

According to Wikipedia, the Metropolitan Transit Authority train conductors’ job description is as follows:

After the doors are opened, the conductor sticks their head out the window to observe passenger boarding and exiting. The doors stay open for at least ten seconds, and when the conductor decides to close the doors, the conductor announces a door-closing warning using a PA system on the train. When the platform is clear, the conductor closes the doors in the rear cars. When a locked-door signal is received, the conductor closes the doors in the forward section of the train. Door chimes warn passengers that the doors are closing. When all the doors are closed, the conductor removes the door key, which alerts the motorman that it is safe to proceed.

As the train departs the station, the conductor observes the platform for a distance of three car lengths. Station departure observations are made to ensure that no passenger or item is trapped between the doors and is dragged along the platform. The conductor is required to observe the forward and rear cars at least twice during these observations.

Although, no settlement will fill the void suffered by Joe’s family, however, if f an employee of the MTA is found to have been negligent, then the MTA should be held accountable.  It seems hard to believe that in this day and age that technology could not have been in place to reopen the doors or alert the conductor that there was a passenger in distress.  Until then, conductors need to be ever-vigilant to avoid human error.   South Korea seems to have an answer with the doors built into the platform.  Proving negligence and implementing change is one way to honor the memory of Joseph Ancona.

Attorney Samuel L. Davis, Esq. is the founding partner of the New Jersey and New York law firm, Davis, Saperstein & Salomon, PC located in Teaneck, NJ. Mr. Davis certified as a civil trial attorney by the Supreme Court of New Jersey.  He, together with his team of NY attorneys have successfully litigated and won cases against the MTA and some of the largest corporations and institutions in America.  Sam Davis can be reached at (201) 907-5000 or by filling out our online contact form.

The post MTA Subway Train Tragedy Causes Death of 20-Year-Old appeared first on Davis, Saperstein & Salomon, P.C..

from Davis, Saperstein & Salomon, P.C. https://www.dsslaw.com/blog/20-year-old-dies-mta-train-tragedy/
via https://www.dsslaw.com/

New Jersey and other states have laws requiring drivers to keep right unless they are passing. These laws are designed to keep the extreme left lane free from “left lane hogs” because they create dangerous situations for other motorists.

Under NJ Rev Stat § 39:4-82, drivers in New Jersey must drive in the right lane unless they are passing another vehicle or turning left.

When a car blocks the left lane, it increases both danger and traffic congestion. Slow drivers encourage other cars to tailgate, which causes a line of drivers traveling too close to one another. Driving too slowly can be as dangerous as driving too fast. In recognition of these dangers, the New Jersey Assembly imposes stiff penalties for drivers who fail to keep right.

Under NJ Rev Stat § 39:4-88.1, failing to keep right can result in a fine of between $100 and $300. This represents an increase in the former penalties and was designed by New Jersey lawmakers to educate the public and create safer driving habits in the state. As an added tool to educate the public, an additional surcharge of $50 is being added to all tickets for failure to keep right. That money goes into a fund to install and maintain road signs educating the public about keeping to the right as the danger and consequences of blocking traffic on major highways like the New Jersey Turnpike or Garden State Parkway. Additionally, the offense will result in two points added to their driver’s abstract and record.

Another part of the failure to keep right law is aimed at truck drivers. Trucks over 5 tons on a divided highway face an increased penalty for driving in the left lane. Trucks may only use the left lane to enter or exit a roadway unless there is an emergency, or they are within one mile of making a left turn. “Trucks, busses, and commercial vehicles driving in the left-hand lane cause traffic to move slowly and can force other drivers into dangerous situations. It is important for large rigs, busses, and tractor-trailers to stay to the right,” says New Jersey truck accident lawyer Marc Saperstein. “I know from my experience the tragic consequences of tractor trailers speeding in the left lane. Often their negligence or their carelessness can cause the wrongful death or serious injuries to other innocent drivers.”

It is unfortunate that many drivers and their passengers are unnecessarily injured by interstate truckers every year in accidents caused by drivers passing on the right or swerving through lanes. Many of those injured people are our guests from out of state lawfully driving on New Jersey and New York’s interstate highways such as I95, Route I80, 287, or Route 78.

The personal injury lawyers of Davis, Saperstein, and Salomon, P.C., help persons injured in car and truck accidents in New Jersey and New York. They have years of experience handling traffic accident wrongful death cases, and they work hard to get accident victims and their families the compensation they deserve. With over 35 years of experience representing people injured in truck accidents, Marc Saperstein understands the complex legal issues involved in these cases. As an accident injury lawyer who concentrates his practice in New York and New Jersey, Marc Saperstein handles many trucking accident cases.

At our New Jersey personal injury law firm, we have over 30 attorneys. Since 1981, the dedicated attorneys of our firm have obtained over $740 million in verdicts and settlements and helped thousands of families achieve justice. Contact Davis, Saperstein & Salomon, P.C. to receive a free review of your case and an explanation of your legal options.

This post was originally published in August 2013 and has been updated for accuracy and comprehensiveness in October 2022.

The post Penalties for Failing to Keep Right on New Jersey Highways appeared first on Davis, Saperstein & Salomon, P.C..

from Davis, Saperstein & Salomon, P.C. https://www.dsslaw.com/blog/laws-restrict-left-lane-jersey-highways/
via https://www.dsslaw.com/

On September 16, 2022, Apple released the Apple Watch SE 2nd-gen, Apple Watch Series 8, iPhone 14, and iPhone 14 Pro. On September 22, Apple released an entirely new watch model, called the Apple Watch Ultra. All five items are equipped with car crash detection technology, modeled after the pre-existing fall detection feature.

How does it work? The newly released technology has a microphone, an accelerometer, and a barometer, which work together to determine if their owner has been involved in an accident. The microphone detects noise from the impact, the accelerometer senses sudden deceleration, and the barometer tracks shifts in pressures that could be caused by an airbag deploying. The technology records motion 3,000 times per second, so it can determine the exact time of impact. Apple reports that its algorithm analyzed millions of hours of crash data to produce this highly accurate feature, which can differentiate between an actual accident and other impacts.

What happens If the Watch or iPhone Detects a Crash?

When the device detects a crash, it will sound an alarm and display a notification, reading aloud “It looks like you’ve been in a crash”, and will give the option to either call emergency services or to cancel the call. Your device will then begin a twenty second countdown and will automatically call if the countdown finishes and you do not cancel. After calling, your device will play a looped audio recording to the operator every five seconds. The recording becomes softer after the first loop so that the operator can provide information. The device also sends the operator approximate latitude and longitude coordinates as well as a recommendation for a search radius.

Popular YouTuber TechRax released a video testing this new feature on the iPhone 14 Pro. He and his team twice crashed their car into a stationary vehicle, in what would be a fender bender. They found both attempts to be successful–even when they were traveling slowly and created a small impact, the iPhone 14 Pro, which was strapped to the headrest, was able to detect the crash. While this evidence does not demonstrate how the technology may work in a non-controlled, real-world environment, it does show its potential to save lives.

The National Highway Traffic Safety Administration projects that approximately 42,915 people died in a motor vehicle accident (MVA) in 2021, which is a 10.5% increase from 2020. It is also the highest number of MVA fatalities since 2005.

As injury lawyers we applaud Apple’s socially responsible act of including this life saving technology in its newest products. Joining the list of airbags, crumble zones, safety glass, seat belts and head restraints, this “collision occurrence system” is truly a feature none of us ever want to use. Too often corporations are criticized for being reckless and irresponsible in name of profits and dividends to their shareholders.  But hats off to companies like Tesla whose collision avoidance system avoids crashes, and Apple who protects people when the unthinkable occurs. Apple’s creation and implementation of this technology may significantly decrease the number of lives lost in car wrecks.  Religious texts, including the Talmud and Quran all suggest, “Whoever saves a single life is considered by scripture to have saved the whole world.”  Both products have saved countless lives even before these technologies. One should not be surprised why Apple and Tesla sales have skyrocketed to the top.

You don’t need an MBA degree to figure out that if you do right for consumers, all the blessings will follow.  I learned this lesson as a law student clerking for an Ohio lawyer named Paul Christoff who gave me the best career advice. He said, “Garry, if you do right for your clients, all the other good things will follow.” He was right. I followed Paul’s advice and so has my law firm of 100 people.

Apple, Elon and Paul, thank you for caring.

Garry R. Salomon, is a founding member and managing director of the New Jersey and New York personal injury law firm Davis, Saperstein & Salomon, P.C.  He is also certified by the Supreme Court of New Jersey as a Civil Trial Attorney and has authored a book entitled “The Consumer’s Guide to New Jersey Personal Injury Claims.”  He is a member of the New Jersey Association for Justice and the American Association for Justice and has been awarded the highest rating AV Preeminent by Martindale-Hubbell Peer Review Ratings.

The post Car Crash Detection: A Newly-Released Apple Feature That May Save Lives appeared first on Davis, Saperstein & Salomon, P.C..

from Davis, Saperstein & Salomon, P.C. https://www.dsslaw.com/blog/crash-detection-apple-feature/
via https://www.dsslaw.com/

Queen Elizabeth II’s death has given focus to the rich traditions of the British monarchy. These traditions date back to 1066 and perhaps even earlier. The British throne has influenced dozens of nations around the world that are part of its commonwealth. Although the United States is not part of the British Commonwealth, many of our customs and practices relate back to England.  Apart from English being the official language of the United States, our legal system is fashioned after the British legal system.  In fact, many of the fundamental principles of injury law, or “Tort Law”, come to us directly from England. Originally, it was the British Monarch that stood at the top of the legal system, and the King or Queen controlled the appointment of the Judges. Today, the appointment process involves the Lord Chancellor, an independent selection commission, senior politicians, current judges, and many more parties. Clearly, the process has developed to be much more democratic.

Because Britain has no codified constitution, its rule of law is founded in statute law and common law. Statute law is created by Britain’s legislative bodies or Parliament, while common law is founded on judicial decisions.  The principle of stare decisis, which is Latin for “to stand by things decided”, is a key aspect of Britain’s common law. Stare decisis applies when two cases have similar fact patterns that should lead to the same ruling. Stare decisis encompasses vertical stare decisis–which means lower courts should abide by the decisions of higher courts–and horizontal stare decisis, which means all courts should adhere to their own previous rulings. This principle ensures uniformity and makes a common law more consistent.  Following suit, the United States has its own common law and asks its courts to adhere to stare decisis.

What Impact Did the English Common Law Have on the United States?

American jury trials are also fashioned after British jury trials. While the names may differ, our jury trials share several key elements, such as a presiding judge, prosecutor, defense counsel, witnesses, and a court stenographer. Like the British Commonwealth, the United States only requires that an individual be granted a jury trial if they may be faced with a punishment of over six months imprisonment. Britain’s Human Rights Act of 1998 defines the rights and freedoms that afforded to defendants. Article 6, Section 2, states that “Everyone charged with a criminal offense shall be presumed innocent until proved guilty according to law”. Sound familiar? The United States’ criminal justice system is founded on the presumption of innocence, and guilt must be proven beyond a reasonable doubt for an individual to be convicted. The United States has incorporated Britain’s version of ‘innocent until proven guilty’, and it forms the basis of our system today. For civil trials, the United States and Britain also have the same evidentiary standard, which is preponderance of the evidence. Preponderance of evidence is a much lower burden of proof than beyond a reasonable doubt, the criminal standard, which means that the fact in dispute is more likely than not to have occurred.

The British legal system has influenced the United States’ tort system beyond the evidentiary standard. One example is a citizen’s ability to sue a public entity. Even today’s restrictions limiting the right to sue the State of New Jersey, a county, city or any public entity for that matter, date back to prohibitions against suing the sovereign or the King. In today’s context, in New Jersey one cannot sue the “sovereign” state without its permission. New Jersey’s Tort Claims Act, known as Title 59, lays out the preconditions to suing a public entity, such as a governmental entity (and even New Jersey Transit!). The preconditions include:

1. Written notice must be given within 90 days with few exceptions on a special form.
2. Medical bills must exceed $3,600
3. Injuries must be of a permanent nature.

After such notice, a person must wait six months to file suit.

Our legal system may not be perfect, but it’s the best legal system in the world. Today, there are over 1.1 million members of the bar and 30,000 judges in the US. The legal system employs almost 1.2 million people, not including law enforcement and administrative agencies. We owe the Brits our gratitude and appreciation for the historical ties that built much of our legal system.

About the Author

Garry Salomon is a founding partner of Davis, Saperstein & Salomon, P.C. and serves as the managing partner. He is Certified by the Supreme Court of New Jersey as a Civil Trial Attorney, an honor held by less than 2% of attorneys. Garry Salomon’s main areas of concentration include all areas of personal injury law. He is also the author of the book “The Consumer’s Guide to New Jersey Personal Injury Claims.” To receive a free copy, please email community@dsslaw.com or fill out our online form.

The post The British Legal System and Its Influence on the United States appeared first on Davis, Saperstein & Salomon, P.C..

from Davis, Saperstein & Salomon, P.C. https://www.dsslaw.com/blog/british-legal-system-influence-united-states/
via https://www.dsslaw.com/

In the early morning hours of September 11, 2022, Port Authority Officer and former MLB pitcher Anthony Varvaro was killed in a car accident. He was traveling to a September 11 memorial ceremony along the New Jersey Turnpike Hudson Bay Extension when he was struck by a Toyota driving in the wrong direction. The driver, Henry Plazas, also died in the crash.

Anthony Varvaro had a unique story and role in his community. Born in 1984 in Staten Island, New York, Varvaro knew the friends and families of many first responders who had lost their lives on 9/11. His memory of 9/11 and the first responders’ great sacrifices inspired his decision to retire from the MLB to become a Port Authority police officer. While competing in the minor leagues, he completed a bachelor’s degree in Criminal Justice from St. John’s University. After entering the MLB, he pitched for the Seattle Mariners, Atlanta Braves, and Boston Red Sox, and retired after six years. He then served as a Port Authority patrol officer for five years before transferring to work as an Academy Instructor. While a patrol officer, Varvaro was stationed at the World Trade Center Command.

Varvaro’s contribution to his Staten Island community went far beyond his service as an officer. When he presented to high school students, he stressed to them the importance of continuing their education and persevering despite the challenges they would face. In 2021, he was named president of the Snug Harbor Little League, which he used as an opportunity to campaign for league facility renovations; the League ultimately received $1.2 million in funding.

At home, Varvaro was a devoted husband and the father of four children. He was beloved by his workplace, community, friends, and family.

When something as tragic as this occurs, family members often look for answers.  Since both drivers perished, the facts and circumstances can only be pieced together by a thorough investigation.  Undoubtedly, state and perhaps local authorities are in that process now.  They usually do this to determine whether criminal charges should be filed.  The fact that the reckless driver died may affect the extent of the investigation.  The family does have a right to bring a wrongful death civil lawsuit and that comes with months of fact discovery.  Unfortunately, by reason of New Jersey’s antiquated wrongful death laws, they can only recover his conscious pain and suffering as well as their future economic losses.  Sadly, their emotional loss is not considered. That is the second tragedy; The emotional loss of family members does not count.  In the memory of Officer Varvaro, the legislators and governor need to correct this defect in our law. I call upon New Jersey to pass the Varvaro Law to honor his memory.

We at the Law Office of Davis, Saperstein & Salomon, P.C, extend our sincere condolences to all those affected by Anthony Varvaro’s passing.  May his memory be a blessing.

About the author

Garry Salomon is a founding partner of Davis, Saperstein & Salomon, P.C. and serves as the managing partner. He is Certified by the Supreme Court of New Jersey as a Civil Trial Attorney, an honor held by less than 2% of attorneys. Garry Salomon’s main areas of concentration include all areas of personal injury law. He is also the author of the book “The Consumer’s Guide to New Jersey Personal Injury Claims.” To receive a free copy, please email community@dsslaw.com or fill out our online form.

The post Port Authority Officer and former MLB Pitcher Killed in Car Accident appeared first on Davis, Saperstein & Salomon, P.C..

from Davis, Saperstein & Salomon, P.C. https://www.dsslaw.com/blog/port-authority-officer-and-former-mlb-pitcher-killed-in-car-accident/
via https://www.dsslaw.com/

Since the 1960s, auto manufacturers have incorporated innovative technologies into their vehicles to make them safer. Seatbelts, anti-lock brakes, crumple zones, and airbags have collectively saved hundreds of thousands of lives. One of the most exciting developments over the last decade is computer-assisted collision avoidance technology, which claims to prevent crashes before they even happen. But just how does it work, and does it actually reduce collisions?

The legal team at Davis, Saperstein & Salomon, P.C. wants to help you understand the ins and outs of crash avoidance systems and how the technology has changed auto accident trends. If you’ve been in an accident involving a failure of a collision avoidance system, contact us today for a free consultation.

What Are Collisions Avoidance Systems?

More and more vehicles are being manufactured with collision avoidance systems as standard safety features. These systems are designed to alert drivers to potential threats and help them avoid accidents. Most rely on cutting-edge technology such as advanced camera systems, lasers, and short- and long-range radar. These collision avoidance systems are constantly monitoring what is happening around a vehicle. When a sensor is triggered by a potential threat, like another car or pedestrian nearby, the system will alert the driver through noises or flashing lights.

As common as car crash prevention technology has become, it is also relatively young. While radar- and laser-based systems began to be developed in the mid-1990s, they did not start becoming standard features until 2016, when the National Highway Traffic Safety Administration (NHTSA) and Insurance Institute for Highway Safety (IIHS) announced that manufacturers had agreed to implement them on virtually all new cars by 2022.

The Pros and Cons of Auto Crash Avoidance Systems

Car manufacturers often praise the safety features and technological innovations of their vehicles. While there is no doubt that technological advances in the auto industry can help save lives, there are pros and cons to equipping vehicles with collision avoidance technology.

Cars with collision avoidance systems can increase safety by:

• Warning drivers of potential threats, allowing them to avoid collisions
• Detecting blind spots so drivers can make safe lane changes
• Braking automatically when drivers do not manually apply the brakes in time
• Avoiding accidental tailgating through adaptive cruise control

However, the drawbacks of crash avoidance systems include the following:

• The technology may not work correctly at all times — If a camera is dirty or sensors malfunction, the system may not respond correctly to warn a driver of a threat. Drivers who get used to this technology may become too reliant on it, giving them a false sense of security.
• The technology will only prevent an accident if a driver lets it — A driver who turns the system off to prevent it from beeping or vibrating is less likely to be aware of potential threats.
• Drivers think the system is driving for them rather than assisting them — A driver must still pay attention to the road and avoid distractions even if their vehicle is equipped with collision avoidance technology.

How Effective Is Crash Avoidance Technology?

When appropriately used, crash avoidance technology can be effective in helping drivers prevent accidents. A recent study by the Insurance Institute for Highway Safety (IIHS) compared the rates of police-reported crashes and insurance claims for vehicles with and without certain crash avoidance features.

The results indicate that many of the most popular crash avoidance technologies may significantly reduce the incidence of serious accidents. For example, forward collision-avoidance assist helped reduce the rate of front-to-rear crashes by nearly 30 percent. Rear automatic braking systems helped reduce the rate of backing crashes by almost 80 percent when combined with rearview cameras and parking sensors.

What Crash Avoidance Technology Systems Are Widely Available to Car Drivers?

Crash avoidance technology is a catchall term for a range of different systems. Some of the most common collision avoidance technology features include:

• Forward collision warning (FCW)– FCW technology can detect potential hazards when a vehicle is moving forward. The system will alert the driver when a threat is detected through an audible or visual cue. Some of these systems can detect pedestrians or objects on the road.
• Front-cross traffic system– Similar to FCW technology, these sensors detect vehicles in front of a car.
• Pedestrian detection (PD) –A PD system helps detect nearby pedestrians and alert drivers. Some systems will automatically apply the brakes if a driver gets too close.
• Lane departure warning (LDW)– A LDW system tracks the movement and position of a vehicle while in a driving lane. If the car approaches lane markers, the system will alert the driver.
• Active cruise control (ACC) – An ACC system regulates a vehicle’s acceleration and braking patterns to help maintain distance between other cars while cruise control is activated.
• Blind–spot monitoring – A blind-spot monitoring system scans the areas behind and to the side of a vehicle. If the system identifies something in the blind spot while the turn signal is engaged, it will alert the driver that a hazard has been detected.
• Obstacle-aware acceleration – Some vehicles are equipped with obstacle-aware acceleration features, which reduce acceleration if an object is detected in the car’s direct driving path.
• Automatic emergency braking (AEB) – The AEB system will automatically apply the brakes if it detects a potential collision while the car is moving forward. Some of these systems detect pedestrians and objects.
• High-speed automatic emergency braking (HAEB)– This system will apply automatic brakes if a potential collision is detected while a vehicle is traveling at high speeds.

Contact an Experienced New Jersey Auto Accident Attorney Today

Crash avoidance technology may prove crucial to decreasing accidents on the road. But it is not foolproof. Technology can fail, and driver error is still possible even if a vehicle is equipped with technology that works perfectly. Drivers who become too reliant on crash avoidance systems may use them as a crutch, thinking they can drive more aggressively or less carefully because the technology will compensate.

All manufacturers of products have a legal obligation to make their products safe for the consumer. This applies to all car manufacturers. These safety systems are still evolving technologies, however, they are expected to function in accordance with the current state of the art for each system as delivered. In other words, they are supposed to warn and break based upon those system’s specifications as represented to the public by that automaker. If a system totally fails to operate, a person may have a product liability claim against the manufacturer. That being said, these claims are extremely expensive to prove and vigorously defended by automobile manufacturers, so it only makes sense to pursue a claim when a serious life-changing injury or death is involved. Common product liability cases that have been successful include exploding gas tanks igniting a car on fire and injuring its occupants.

If you were injured in a collision involving car crash prevention technology malfunction in New Jersey, the legal team at Davis, Saperstein & Salomon, P.C. is here. For over 40 years, we have helped secure compensation for New Jersey injury victims like you. Contact our office today for a free case evaluation with an experienced New Jersey auto accident attorney. 

The post How Collision Avoidance Technology Has Changed Auto Accident Trends appeared first on Davis, Saperstein & Salomon, P.C..

from Davis, Saperstein & Salomon, P.C. https://www.dsslaw.com/blog/collision-avoidance-tech-changed-crash-trends/
via https://www.dsslaw.com/