New Jersey Personal Injury Lawyer

Today marks the 21st anniversary of the 911 terrorist attack.  Many people still clearly recall where they were and what they were doing at the exact moment they first learned about the attack.   For the days and weeks that followed, the public watched with admiration the courage, selflessness, and unbreakable commitment of the 9/11 first responders. They were and still are our heroes.

The attacks of September 11, 2001, killed 2,996 people throughout Pennsylvania, Washington D.C, and the World Trade Center.   Of those souls, 343 were NYFD firefighters, paramedics, and EMTs. Another 37 people belonged to the Port Authority Police Department (PAPD), and 23 to the New York Police Department (NYPD). The PAPD and NYPD suffered the greatest loss of life of any police force in history.

The World Trade Center hosted over 50,000 workers.  Thousands of guests passed through the complex daily. While thousands of civilians were injured, many more would have lost their lives had it not been for the first responders, training, bravery, and professionalism.

In the days and weeks that followed, NY’s first responders, including many volunteers, worked franticly side by side” with construction workers, and search-and-rescue dogs looking for survivors. The work at “Ground Zero was so dangerous that workers and volunteers wrote identifying information on their bodies in case they were crushed or fell into the debris. Fires continued to burn for 99 days following the attack.

Residents of New York City and North Jersey still recall the distinct smell of the air coming from the remnants of the incinerated buildings.  For many of those rescue workers, 9/11 continues to haunt them as they suffer the daily side effects of breathing that toxic air.  Many first responders began to suffer the effects of the polluted air while digging through the rubble while clearing Ground Zero: it wasn’t long before the respiratory issues associated with 9/11 were dubbed the “WTC cough.”

Garry Salomon, managing partner of the North Jersey personal injury law firm Davis, Saperstein & Salomon, P.C. understands this well because most of their injured clients benefited from the police that arrived at their crash scene, the firefighters that extricated them from the wreck, and the EMTs and ambulance workers that rushed them to the hospital. “In the past, I’ve associated 9/11 with terror and loss, but now I see 9/11 as a testament to the heroics and bravery of the First Responders.  Many of the responders were not only New Yorkers but were volunteers traveling from all over the world.  We honor them today, as well as on “National First Responders Day” which is October 28th” every year,” said Salomon.  He further commented, “if it were not for their training, professionalism, and bravery many of our injured clients would have suffered far worse pain and injury.  These responders, many of them anonymous volunteers, do this not for recognition or attention.  To them, they were just doing their job.  Helping people.”

To thank local first responders, Davis, Saperstein & Salomon, P.C. on behalf of the firm’s clients, is catering a kosher lunch from Ma’adan on September 11, 2022, for the volunteers and workers at the Teaneck Ambulance Corp.  The lawyers, staff, and clients of Davis, Saperstein & Salomon, P.C. express their gratitude, respect, and appreciation to all first responders.  They truly are angels touching people’s lives and making a difference every day.

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The benefits of sleeping for at least eight hours each night are widely known and accepted by the general public. Proper rest is associated with increased productivity, improved concentration, and a boosted mood. But as a tired driver, you are not just less friendly to your passengers onboard—you are also dangerous.

During the early hours of Friday, September 2^nd, a Ford Econoline E350 van carrying twelve passengers was driving through Englewood Cliffs, New Jersey. Its driver fell asleep at the wheel, causing the van to swerve, roll over, and crash into the trees by Exit 2 of the Palisades Interstate Parkway. Then Palisades Interstate Parkway (PIP) police as well as the Englewood Cliffs and Fort Lee Fire Departments retrieved and rescued the occupants of the van.  Unfortunately, four of the twelve passengers died on impact, while the other eight were transported to nearby hospitals to receive treatment.

The injured and dead are reported to be Dominican immigrants who were hired by “On Target”, an employment agency in Inwood, and were required to ride a shuttle to the facility.  According to reports there was a history of problems with the transportation service.  Officials believe that the twelve victims worked at the Amscan in Chester, New York, and the driver was transporting them home when he may have fallen asleep. Amscan’s parent company is Party City Holdings. It is not uncommon for companies to hire staff through an employee leasing agency that will be responsible for HR decisions and matters, however, that may not necessarily relieve an agency client from responsibility and liability.  From a legal point of view, they will be able to file Worker’s Compensation Claims and injury and wrongful death claims for their injuries and financial losses against several business entities regardless of their immigration status.

Several major organizations have expressed concern or have conducted research studying the effect of “drowsy driving” in the United States. On its website, the Center of Disease Control (CDC) warns that “drowsy driving is a major problem in the United States”. The National Highway Traffic Safety Administration (NHTSA) reported that in 2020, 633 deaths were caused by drowsy driving. In 2017, the NHTSA released an estimate that 91,000 police-reported crashes involved a drowsy driver. Those crashes caused over 50,000 injuries and almost 800 deaths.

In 2018, the AAA Foundation for Traffic Safety discovered that drowsy driving is more prevalent issue than presented by federal estimates. This discrepancy is explained by how difficult it is to assess fatigue’s role in an accident. The Foundation examined “in-vehicle dashcam video from over 700 crashes” and found that “9.5 percent of all crashes and 10.8 percent of crashes resulting in significant property damage involved drowsiness”. Federal estimates only consider drowsiness to be a factor in 1-2% of crashes.

The Federal Motor Carrier Safety Administration (FMCSA) has established set guidelines limiting the number of hours that commercial truck drivers can work. Their goal is primarily to lessen the possibility of the carrier falling asleep at the wheel. The FMCSA established separate guidelines for property carriers, such as truck drivers. Truck drivers are also required to rest for a period of time between shifts, to not work several consecutive hours, and they must log their hours as evidence that they are adhering to these guidelines.

While it remains unclear if the driver in the September 2^nd accident violated the FMCSA guidelines, as a common carrier, he did owe the highest standard of care to his passengers. The transportation company is also at fault for allowing their employee to drive in a state of fatigue, but if Amscan hired the company to drive its employees, Amscan will be at fault as well. For the dead and injured this claim will likely be resolved as a consolidated Bergen County, New Jersey lawsuit among the injured and the family of the deceased.

The CDC suggests to adult drivers and teenage drivers that they get at least seven and eight hours of sleep, respectively. The CDC moreover encourages drivers to establish set sleeping routines, seek treatment if they suffer from a sleeping disorder, and to avoid taking medication that makes them tired.

Reportedly, the driver of the van George Massey, 54 may have suffered a medical emergency.  Under the law, sudden medical emergencies are not considered acts of negligence, however, if the employer knew or should have known about a medical condition that could affect the fitness of a driver then, both the driver and employer may be held responsible for negligent hiring and retention of an employee and negligent entrustment of a vehicle to such employee as a cause of injury or death.   The facts and circumstances of this tragic fatal accident remain under the investigation of the Bergen County Prosecutor’s Office.

The law firm of Davis, Saperstein & Salomon, PC extends its condolences to the families and survivors of this crash.  The firm has a history of investigating and representing people injured in ride share accidents and in wrongful death lawsuits.  The author of this article can be reached at garry.salomon@dsslaw.com or by phone at (201) 907-5000

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Most ceiling collapses are caused by water absorption from leaky roofs, or overflowed toilets, showers, or bathtubs. Water in ceilings can accumulate slowly, from slow leaks or rapidly from a broken pipe. Either way, it creates a danger to people sitting or standing below the ceiling. In fact, it could be deadly. People enjoying the privacy of their apartments take it for granted that they are safe from injury, especially from the ceiling above. Ceiling collapses are more common than one would think, especially in low-income housing.

Devastating Examples of Ceiling Collapses

In 2013, the roof of a supermarket in Riga, Latvia, collapsed and killed 54 shoppers. In 2014, four college students were killed and over fifty were trapped in an auditorium in Gyeonggi, South Korea, after its ceiling toppled inwards. Even, people in Bergen County, New Jersey are not immune from falling ceilings. Recently, an employee of Vintage ’61 on Hudson Street in Ridgewood, was hospitalized after a portion of the store’s ceiling fell on top of her.

The Problem With Ceiling Materials

There are many subtle ways that a ceiling may become exposed to water: culprits include excess condensation from air conditioners, uncleaned spills, and failure to keep the shower curtain inside the bathtub when the faucet is running. The weather can also cause your ceiling to lose its structural integrity, particularly if it is exposed to heavy rains from thunderstorms, floods, and hurricanes.
A sudden ceiling collapse can cause serious injuries because of weighted force. For example, a single piece of sheet rock measuring 4 x 8-foot sheet of standard 5/8-inch-thick drywall weighs 70.4 pounds, with ultralight drywall weighing 51.2 pounds. The weight could easily double when wet. As the sheet rock accumulates water, it sags and becomes unstable causing the ceiling to collapse with the nails remaining in the studs. The same holds true for suspension ceilings, however, given that the suspension tiles are usually 2 x 2 feet, the weight is substantially less.

Drywall replaced lath and plaster in the mid-20th century as the most common material used for interior surfaces and ceilings. While in many ways drywall is the superior alternative to lath and plaster, it is highly susceptible to water damage. It absorbs water upon exposure, and, because water is so heavy, the ceiling may buckle under the extra weight. Before the ceiling collapses, water may cause stains, cracks, or mold growth to appear on the ceiling. People often complain to their landlords about leaking ceilings. Landlords, often ignore the problem because replacing a roof or bathroom fixture can cost a lot of money.

Most Common Injuries From Ceiling Collapses

• traumatic brain injuries
• spinal cord injuries
• herniated discs
• bone fractures
• exacerbation of previous lung or breathing issues
• death

Proving Negligence in a Ceiling Collapse Case

Property managers are responsible for maintaining their property, as required by New Jersey State Building and Construction Codes (BOCA) and the NJ Department of Community Affairs (DCA) Code. Landlords should complete regular inspections to ensure that their property abides by the DCA’s safety standards. These inspections may expose obvious warning signs, such as mold, but clogged gutters and leaking HVAC or plumbing systems may also indicate a damaged ceiling. A manager’s failure to properly maintain their property may lead to a ceiling collapse that injures a tenant, a patron and unfortunately their children. If such an incident occurs, the manager will be held liable. A ceiling may also collapse due to poor construction, in which case the construction contractor would be held liable for the negligence of its employees.

In New Jersey, tenants have a right to reside within properly maintained apartments because leases usually require landlords to make structural repairs. Failing to make such repairs is negligence and when it causes injury, the landlord is responsible. In fact, since the safety of the ceiling may be within the exclusive control of the landlord, the injured tenant may not have to prove negligence because of the legal doctrine of Res ipsa loquitur. Res ipsa loquitur is a Latin phrase that means “the thing speaks for itself.” In personal injury law, the concept of res ipsa loquitur (or just “res ipsa” for short) operates as an evidentiary rule that allows plaintiffs to establish a rebuttable presumption of negligence on the part of the landlord. That means, the landlord must prove that they were not at fault.

Contacting a Personal Injury Law Firm

If you or a loved one have recently been injured due to a ceiling collapse, you have the right to the landlord or the property owner for your injuries and financial losses. The experienced personal injury attorneys at Davis, Saperstein & Salomon, P.C, may be able to help you. Please call us now for a free and confidential case evaluation at 1-800LAW-2000.

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According to the National Highway Traffic Safety Administration (NHTSA), drunk driving causes an average of 32 fatalities every day in the United States — or one every 45 minutes. There were nearly 12,000 people killed in drunk driving crashes in one recent year alone, accounting for more than a quarter of all traffic fatalities that year.

When drunk driving crashes claim the lives of parents with young children, those children are often left without the financial support they need to live healthy, productive lives. However, new legislation known as Bentley’s Law seeks to remedy these tragedies. The law requires that drunk drivers pay child support to the children they’ve deprived of their parents. Tennessee has already passed the legislation, with several other states considering following its lead.

What Is Bentley’s Law?

Cecilia Williams, a resident of Missouri, came up with the idea for Bentley’s Law after her adult son was killed in a crash caused by a drunk driver, along with his fiancée and their infant child. Williams was left to raise her son’s two other children, Bentley and Mason. Bentley’s Law would hold drunk drivers liable for child maintenance payments if they cause a crash that kills the child’s parent.

Williams has emphasized that she did not propose the law solely for her own family but for all families. Her goal is to provide for children who have lost their parents due to the reckless actions of an intoxicated driver. Williams’s initiative has received widespread support from state legislatures across the country.

More than a dozen states have either introduced their own version of “Bentley’s Law” or are drafting bills modeled after Williams’s proposal. Advocacy groups like Mothers Against Drunk Driving (MADD) have also come out in support of the initiative.

What States Require Child Support to Surviving Children of Parents Killed by Drunk Drivers?

Tennessee recently passed legislation requiring anyone who kills a parent by vehicular homicide to pay restitution to the victim’s surviving minor children until the children reach adulthood. Tennessee is the first state to pass a bill like this into law.

Child maintenance is typically determined based on parental income. But under H.B. 1834, restitution is determined by factors such as the following:

• The child’s financial needs and resources
• The finances and resources of the child’s surviving parent, if they have one
• The child’s standard of living

The Tennessee bill is entitled “Ethan’s, Hailey’s, and Bentley’s Law,” which includes the names of the children of a Tennessee police officer who was killed by a drunk driver in 2019 with the name of Cecilia Williams’s grandchild. The bill faced no opposition in the state House or Senate and passed both chambers unanimously.

Which States Are Proposing Laws Similar to Bentley’s Law?

In addition to Tennessee, other states have also been considering similar DWI laws to make drunk drivers responsible for child support if they cause the death of a person with minor children.

In New York, two lawmakers are working on bills that would make drunk drivers responsible for child support if their recklessness results in the death of a custodial parent. New York State Senator Andrew Gounardes drafted a bill inspired by the recently enacted Tennessee law.

Under Gounardes’s bill, the at-fault motorist would make child maintenance payments until the child turns 18. Anyone convicted of first- or second-degree vehicular manslaughter or aggravated vehicular homicide would be affected by the law.

Goundares’s bill matches another bill that New York State Assemblymember Desmond Meeks of Rochester previously drafted. Meeks also hopes to pass legislation that addresses non-DWI reckless driving. His law would require reckless motorists to pay child support if their actions result in the death of a minor’s parent.

Other states considering legislation modeled after Bentley’s Law include the following:

• Missouri
• Alabama
• Oklahoma
• Louisiana
• Illinois
• Pennsylvania

How Davis, Saperstein & Salomon, P.C. Is Taking Action Against Drunk Drivers

For decades, the attorneys at Davis, Saperstein & Salomon, P.C. have advocated for greater protections for the victims of drunk drivers. Although New Jersey’s drunk driving laws do not currently have a version of Bentley’s Law on the books, we strongly believe that this type of legislation is needed in our state. Having seen first-hand the devastation that impaired driving causes, we firmly believe that drunk drivers should be held financially liable when they rob young children of a parent. To help with these efforts, our esteemed partner Steven Benvenisti, Esq, serves as the Chair of the Board of the New Jersey, New York, and Pennsylvania MADD regions.

Davis, Saperstein & Salomon, P.C. also supports other initiatives to address the issue of drunk driving in New Jersey, such as the following:

• Ignition interlock devices (IIDs) — Mandatory IIDs have prevented millions of people from driving drunk since 2006. Our partner Steven Benvenisti, Esq, was responsible for recently passed legislation that requires every drunk-driving offender in the state to install an IID in their vehicle. These breathalyzer devices can be used to prevent motorists convicted of driving under the influence from operating a vehicle if they are not sober.
• Driver Alcohol Detection System for Safety (DADSS) — DADSS is a similar technology that can be used to prevent drunk driving. DADSS systems can be breath- or touch-based and are designed to detect a driver’s BAC before they start their vehicle. This technology could also prevent motorists with DWI convictions from starting their vehicles if impaired.
• Ridesharing and smartphone apps — For anyone who finds themselves too intoxicated to get home safely on their own, we strongly urge the use of designated drivers, taxis, and ridesharing apps.

Contact the DWI Injury Attorneys at Davis, Saperstein & Salomon, P.C. Today

If you were injured in a crash involving a drunk driver or your loved one was killed due to the negligence of an impaired motorist, you could be entitled to seek compensation. Find out how our New Jersey drunk driving accident lawyers can help. Contact Davis, Saperstein & Salomon, P.C. today for a free initial consultation to discuss the details of your case.

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An MTA bus driver who killed a 69-year-old man in Staten Island and fled the scene is now facing criminal charges, according to news reports. The victim, Patrick Varriale, was crossing Forest Hill and Platinum Avenue intersection at around 4:30 a.m. on May 13, 2022.

As Varriale was crossing the road, an MTA bus driver collided with him, but didn’t stop and continued down the street. The driver was later identified, questioned, and arrested for the hit-and-run accident. He was charged with leaving the scene of an accident resulting in death and failure to exercise due care.

Hit-and-run accidents are tragically common in New York and across the United States. While fleeing the scene of an accident that results in death can be charged as a crime, loved ones of hit-and-run-accident victims can also pursue civil wrongful death lawsuits against the at-fault party. 

Can You File an Insurance Claim for a Fatal Hit-and-Run Accident?

The hit-and-run driver may never be found or come forward because they may face criminal prosecution for leaving the scene of the accident. Hit-and-run drivers are considered “uninsured motorists” by an injured pedestrian or the occupant’s insurance companies. In that case, the victim’s or their household’s auto insurance policy may step in and provide insurance coverage and medical benefits.

Since uninsured motorist claims are fact sensitive and often are affected by a victim’s place of residence, anyone wishing to make an uninsured motorist claim should contact an experienced and qualified injury lawyer to determine their rights.

Who Can Claim Compensation for Death in an Accident?

In New York, a wrongful death lawsuit can only be filed by the personal representative of the victim’s estate. The recovered damages are then distributed based on wills, trusts, and state law. A surviving family member can only file a claim if they are appointed as the victim’s representative. However, compensation may be passed to the victim’s surviving spouse, children, parents, or siblings.

What Damages Can Be Recovered for a Fatal Hit-and-Run Accident in New York?

You could be entitled to compensation if your loved one was killed in a fatal car accident in New York. Depending on the circumstances of your case, you and the victim’s loved ones might be able to recover damages such as the following:

• Funeral and burial expenses
• Any necessary medical expenses incurred by the victim before they passed away
• Loss of future income contributions
• Other financial costs associated with your loved one’s death

Statute of Limitations for Wrongful Death Claims in New York

The statute of limitations for wrongful death lawsuits in New York is currently two years. This gives victims’ families and estates two years to initiate legal action by filing a complaint in the appropriate court. If you fail to file a lawsuit within this time frame, the court will most likely dismiss your case.

Contact the New York Hit-and-Run Accident Lawyers at Davis, Saperstein & Salomon, P.C. Today

Was your loved one killed in a hit-and-run or other type of traffic accident? If so, you deserve a chance to hold the at-fault party accountable for their actions. Contact the New York wrongful death attorneys at Davis, Saperstein & Salomon, P.C. for a free consultation today.

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A fatal accident involving a double-decker Megabus out of New York City occurred on the NJ Turnpike in Middlesex County on August 8, 2022. The crash happened around 6:53 PM near the Thomas Edison Service Area entrance ramp in Woodbridge, NJ. The bus, carrying 22 passengers, lost control and struck a Ford F-150 pickup, landing on its side. Riders had no choice but to climb out windows and roof hatches to escape, while firefighters had to use the jaws of life to help those trapped inside. The bus driver, along with three others, was seriously injured.

In contrast, many others sustained minor injuries and were taken to Robert Wood Johnson University Hospital, Raritan Bay Medical Center, and Staten Island University Hospital. One woman, Sheryl Johnson of the Bronx, NY, was pronounced dead at the scene, while another woman, Cecilia Kiyanitza of Woodbury, NJ, died after being airlifted to a local hospital. According to state police, the cause of the accident remains under investigation.

A report from News 12 NJ claims that Megabus has a decent safety record from the two previous years and does not have any widespread issues. The subsidiary of Megabus that covers this part of the country, Megabus Northeast, LLC, also supposedly has a good safety record, with no fatal accidents and only two prior accidents involving injury over the last two years. Although admirable, if the Megabus driver is careless or negligent, their track record is irrelevant and not admissible in Court as a defense.  

Where Does That Leave the Bus Crash Injured Passengers?

The answer is that a bus, especially a Megabus, is known as a “common carrier” when it travels in New Jersey. Under the law, a common carrier has the highest duty of care to provide for the safety of their passengers. If a common carrier fails to meet this standard of care, they can be responsible for all an injured person’s “damages,” which include:

• Out-of-pocket medical bills, such as hospital, physician, and therapy bills
• Future medical bills 
• Lost wages and income opportunities
• Past, present, and future pain and suffering, which is an unlimited amount 
• Disfigurement and scarring 
• Emotional and psychological injuries
• Possible punitive damages

Who Can Be Held Liable For A Bus Accident?

Bus accident cases can be complicated because often, the bus operator tries to blame the cause of the bus wreck on another driver. That is where accident reconstruction experts come into the picture. Since there were deaths involved, the county prosecutor’s office dispatched the fatal accident unit to the collision scene. They take measurements of skids with lasers and examine tangible evidence such as property damage. They often impound the vehicle to examine it for mechanical defects and its “black box,” similar to a crashed aircraft. There may be a dash cam preserving the actual collision.

The driver, if medically able, is interviewed for a statement and is subjected to a blood test for legal and illegal drugs and medications. The investigation usually lasts months until the final report is issued. In the interim, private attorneys representing the injured or fatalities should retain accident reconstruction experts because a private expert witness will be required to give an opinion on the cause of the crash. Often, the official police report, although thorough, does not come to a clear conclusion.

What Should A Family Do After Losing a Loved One in a Fatal Bus Crash?

The best legal advice to people injured in a bus accident is to hire a personal injury lawyer with experience handling injury and wrongful death bus accident cases. These lawyers understand that the negligence may have occurred in the hiring, training, and supervising of a negligent bus driver.   

Losing a life in any accident is tragic, and loved ones are never fully prepared for the wave of grief and anguish. However, some family members find solace in filing a wrongful death claim against those responsible for their pain. The bus and trucking accident attorneys at Davis, Saperstein & Salomon, P.C. have decades of experience filing wrongful death and injury claims on behalf of heartbroken families.

A wrongful death claim comprises several parts, including pain and suffering that the deceased endured up until death. Whether the suffering occurred within seconds is included in the lawsuit. The second part of the claim deals with the amount of money lost by the decedent’s surviving family members, including economic losses. To prove these future losses, skilled attorneys often hire economists who can testify about the future financial loss to the deceased’s family.

Contact Our Bus Accident and Wrongful Death Lawyers To Get the Compensation You Deserve

Our attorneys, many of whom are Certified by the Supreme Court of New Jersey as Civil Trial Attorneys with a proven track record of winning millions of dollars for bus accident victims, understand the significance of a crash like this. Contact our bus accident and wrongful death trial lawyers today at 201-444-4444. 

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On July 29, 2022, Assistant Bergen County Prosecutor Avon Morgan was sadly killed in a motorcycle crash in Hackensack, NJ. According to online reports, the tragedy occurred at the railroad crossing at Essex St. and East Railroad Ave. when the motorcycle and an SUV collided. Morgan, who began working for the Bergen County Prosecutor’s Office in 2016, was taken to Hackensack University Medical Center, where he succumbed to his injuries. The driver of the SUV was also taken to the HUMC for neck pain.

The Bergen County Fatal Accident Division, consisting of well-trained law enforcement officers, prosecutors, accident reconstruction experts, and the Hackensack Police Department, is investigating the crash. Any loss of life is tragic, but this one hit Bergen County especially hard because it involved one of their own.

Common Causes of Motorcycle Crashes in New Jersey

Many motorcycle accidents are caused due to the negligence of others, including some of the following factors:

• Distracted driving – use of cell phones, eating, listening to the radio, etc. 
• Intoxicated drivers under the influence of alcohol or drugs
• Speeding 
• Negligent left-hand turn crashes by inattentive drivers
• Unsafe or blind lane changes
• Cars and trucking failing to yield the right of way to a motorcycle
• Roadway defects

Other Recent Motorcycle Accidents in New Jersey Have Also Being Fatal

In a separate motorcycle accident on July 30, 2022, it was reported that a 23-year-old man was killed after crashing his motorcycle into a utility pole a day prior in Howell, located in Monmouth County, NJ. He was rushed to Jersey Shore University Medical Center in Neptune and died. Several weeks earlier, over the 4th of July holiday weekend, a retired Teaneck Police Officer was critically injured on Route 208 in Paramus, NJ, after his motorcycle struck a piece of poorly maintained roadway. Thankfully, he survived but was taken to Hackensack University Medical Center by the Glen Rock Volunteer Ambulance Corps. with severe injuries. 

Our Personal Injury Attorneys Can Represent You to Get the Compensation You Deserve

The personal injury attorneys at Davis, Saperstein & Salomon, P.C. have decades of experience handling motorcycle injury cases. Founding Partner Garry Salomon, Esq. has personally represented many clients involved in motorcycle collisions. Several years ago, he represented a man from Bergen County who was critically injured after colliding with a bus that failed to yield. In 2021, Salomon and his Partner, Adam Lederman, Esq., settled a case out of Somerset County, NJ, where a man was violently thrown from his motorcycle after being hit by an ambulance en route to the hospital.

Losing a loved one in a motorcycle crash is devastating, and though nothing can ever fill the void, you may be entitled to compensation if someone else’s negligence caused the accident. Our motorcycle accident attorneys understand the intricate investigation process that a wrongful death claim brings and will seek justice for our clients and their families. Contact us online or call us now at 201-444-4444. 

The Bergen County Legal Community and attorneys at Davis, Saperstein & Salomon wish Avon Morgan’s family well during this difficult time. 

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Over a million people serving in the US military began their careers at Camp Lejeune in Jacksonville, North Carolina. This 246 square mile US Marine Corps Base camp, active since 1941, sitting on 14 miles of beaches between two deep water ports of Wilmington and Morehead City, makes it a perfect training facility for amphibious assault training. In addition, the base, with a population of over 100,000 service personnel, their families, and civilians, supports the Naval command and US Coast Guard.

The Story Behind Water Contamination at Camp Lejeune

Since the establishment of the base, millions of soldiers and their families have been stationed at Camp Lejeune, whereas “GIs,” all their needs were met by the Department of Defense, including the food and water they ingested and bathed. Unknown to them, between 1953 and 1987, hundreds of thousands and perhaps millions of innocent people were exposed to toxic chemicals known to be carcinogens harmful to the nervous system.

In October of 1980, Army Laboratory Service Chief William Neal analyzed water testing results on samples taken from one of the Camp’s water distribution systems. Chief Neal found that “Water is highly contaminated with low molecular weight halogenated hydrocarbons” and informed Marine leadership of the results.

As testing continued and results were released, it was discovered that certain volatile organic compounds (VOCs) were present in two of the eight water treatment plants on the base. One of the plants mostly presented PCE (perchloroethylene), while the other showed TCE (trichloroethylene). In addition, they contained trace amounts of benzene, TCE degradation products, and vinyl chloride. As a result, it is estimated by some studies that the Camp’s tap water was contaminated with harmful chemicals at concentrations from 240 to 3,400 levels permitted by safety standards.

The two major causes that contaminated the water supply were on-base industrial spills and improper disposal practices by an off-base dry cleaner. Consumption of these dangerous chemicals has been causally linked to several forms of cancer, cardiac defects, significant malformations, miscarriage, neurological effects, Parkinson’s disease, and many more.

Negligence From The Military At Camp Lejeune Base

Despite learning about the water toxins from Neal’s 1980 study, the Marine leadership would allow the contaminated drinking water to flow for several more years, only closing the contaminated wells in 1985. As a result, the aftereffects continued, and several potentially fatal illnesses have been directly associated with exposure to dirty water.

Since the public disclosure of the Camp’s improper sanitation practices, a retired veteran, Jerry Ensminger, founded an organization titled “the Few, the Proud, and the Forgotten.” The organization lobbied Congress and Veterans Affairs to ensure that the affected people received proper compensation and healthcare support. Unfortunately, Jerry Ensminger tragically lost his 6-year-old daughter, Janey, to leukemia caused by exposure to the Camp’s water.

Accepting responsibility for the past actions of the military, in 2012, President Barack Obama signed the “Janey Ensminger Act” with Ensminger standing at his side. Under the Act, any individual who served or worked at the base for over 30 days between 1953 and 1987 will be able to receive medical care and compensation for conditions caused by the water contamination. Camp Lejeune water contamination settlement amounts are estimated at $6.7 billion. This is only 1% of the total cost of the bill.

Symptoms of Camp Lejeune Water Contamination

A complete list of suspected possible conditions is listed below:

• Bladder Cancer
• Breast Cancer
• Esophageal Cancer
• Kidney Cancer
• Leukemia
• Liver Cancer
• Lung Cancer
• Multiple Myeloma
• Non-Hodgkin’s Lymphoma
• Prostate Cancer
• Colorectal Cancer
• Pancreatic Cancer
• Cervical Cancer
• Ovarian Cancer
• Brain Cancer
• Soft Tissue Cancer
• Appendix Cancer
• Gallbladder Cancer
• Thyroid Cancer
• Intestinal Cancer
• Bile Duct Cancer
• Spinal Cancer
• Cardiac Defect
• Fatty Liver Disease (Hepatic Steatosis)
• Female Infertility
• Miscarriage / Fetal Death
• Myelodysplastic Syndrome
• Neurobehavioral Effects
• Parkinson’s Disease
• Renal Toxicity
• Scleroderma
• Aplastic Anemia
• Major Fetal Malformations

Contact Us to File Your Camp Lejeune Water Contamination Lawsuit

Attorneys at Davis, Saperstein & Salomon, P.C. have extensive experience handling mass tort claims suing drug manufacturers and tobacco companies for injuries caused by their products. For nearly four decades, their experienced lawyers have collaborated with other mass tort counsel and expert witnesses throughout America to bring justice to mass tort victims. 

People stationed or spent 30 days or more at Camp Lejeune between 1952 and 1987 and have suffered or are suffering from an illness as listed above may be entitled to compensation. Mass tort cases such as the Camp Lejeune water contamination cases are handled on a contingent fee basis as a settlement percentage. 

There are no lawyers’ fees unless a settlement is won and paid. To find out more about filing a claim, contact our mass tort attorneys for a free no-obligation consultation at 1-800-LAW-2000 or info@dsslaw.com

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Second to car-to-car collisions, innocent people crossing streets are being struck every day by careless drivers, causing severe and life-threatening injuries. Too often, these accident victims are innocent children or the elderly.
Often, for some reason, the official police report blames the pedestrian for the collision between the person and vehicle. The good news is that in states like New Jersey, the official police report is not admissible as proof of negligence because it is merely the opinion of the investigating officer and is considered hearsay.

Most of the Time, It Was Not the Pedestrian’s Fault….It Was the Driver’s Inattention!

Driver inattention to observing and yielding to pedestrians is the number one reason most pedestrian injury cases win settlements or jury verdicts. Unfortunately, these cases are on the rise.  

So far, researchers have not found a specific cause for the increase in pedestrian injuries or fatalities. However, they have suggested outright negligence may be to blame, mainly due to the pandemic, including the following:

• Speeding — Drivers who speed have a harder time seeing pedestrians in their path and stopping in time to avoid them. The force of a crash is more devastating the faster the vehicle in question is traveling. Without the protection of a car, pedestrians are especially at risk in a traffic accident.
• Reckless driving — There seems to have been a surge in reckless driving behavior across the country during the COVID-19 pandemic. One survey of driver behavior during the pandemic found that drivers were over seven percent more likely to speed or drive while impaired, significantly increasing the odds of causing an accident.
• Fewer police stops — The COVID-19 pandemic has strained many institutions, including law enforcement agencies. Police may be making fewer stops due to a lack of resources or prioritizing other activities.

Some of the other common causes of pedestrian injuries are :

• Cell phone distraction
• Texting while driving
• Improper observation by failing to see pedestrians
• Failure to yield to people, including children and the elderly crossing roadways
• Collisions with bicycles
• Negligent drivers running red lights and hitting pedestrians
• Cutting corners too close while making turns
• Injuries from car and truck mirrors
• Sun glare, fog, and extreme weather, including rain
• Impaired driving due to alcohol, cannabis, or prescription drugs
• Children’sChildren’s kick balls rolling into streets and intersections
• Cars passing other cars stopped to yield to pedestrians cross
• Cars and trucks skidding or sliding on ice or snow
• Faded or improperly marked crosswalks
• Not seeing and observing pedestrians and children while backing up
• Corner creeping by busses and 18-wheeler tractor trailer trucks
• Rideshare drivers such as taxis, Uber and Lyft lost or looking for their customers 
• Pedestrians struck by motorcycles, mopeds, scooters, and electric bicycles
• And yes, sometimes the actions of the pedestrian 

How Is It That Police Reports Often Blame the Pedestrian?

There are several reasons. The law clearly states that pedestrians crossing a crosswalk have the right of way; all vehicles, including trucks, cars, busses, and even police cars and ambulances, must yield the right of way to pedestrians.

But, in most other circumstances, the police blamed the pedestrian. People crossing in the middle of a street still have a right to sue a negligent driver and win a settlement for their injuries. Personal injury lawyers call these cases “mid-block crossing” cases. In a mid-block crossing case, a skilled personal injury lawyer understands that they must show that the driver was negligent in failing to observe the pedestrian.

The police often report the facts wrong. For example, pedestrian accident victims too often are unconscious or too injured to give a statement. In addition, many accident victims do not speak English and are not understood by the police officer. The police allow EMTs to attend to the crash victim while they interview the driver, who often blames the pedestrian as ” coming out of nowhere” or either running into the side of the car or wearing dark clothing. Often these frivolous defenses are bogus and offered by the negligent driver who can not accept that they struck a pedestrian.

Unfortunately, sometimes pedestrians are caused to lose their lives and are unavailable to testify as to the facts and circumstances leading to their death. As a result, injury lawyers experienced in handling wrongful death cases often hire the services of accident reconstruction experts. Although county prosecutors immediately dispatch their county fatal accident investigation teams to the crash scene, their function is to determine whether criminal charges are appropriate. As a result, their official report normally takes many months to complete and is usually not released without a court order pending a potential indictment of the negligent driver.

Starting the investigation early is key to preserving valuable evidence. Experienced injury lawyers, especially firms with attorneys certified by the Supreme Court of New Jersey, have the experience, skill, and resources to hire and dispatch their accident reconstruction investigators to the accident scene, which will serve as expert witnesses putting the blame where it belongs….on the negligent driver.

Recent Increase in Pedestrian Accident Fatalities in New Jersey

The number of fatal pedestrian accidents in New Jersey soared in 2021. Unfortunately, safety advocates are worried about the trend. Drivers and others must do more to keep pedestrians safe in New Jersey.

New Jersey Pedestrian Accident Statistics

According to the New Jersey State Police (NJSP), there were 176 pedestrian deaths in 2019 and 179 fatalities in 2020. However, the number of pedestrian deaths jumped significantly in 2021 to 220 fatalities. That’sThat’s a roughly 23 percent increase in a single year.

This increase in pedestrian fatalities in New Jersey reflects a growing problem across the United States. Early data from the Governors Highway Safety Association (GHSA) projects that pedestrian deaths nationwide rose from 6,412 in 2019 to over 6,700 fatalities in 2020. This is an increase of almost five percent, despite fewer drivers on the road in 2020 due to the COVID-19 pandemic.

What Injuries are Suffered by Pedestrians?

Unfortunately, pedestrians have very little protection when a car, truck, or bus strikes. Tons of metal against soft tissue and bone usually cause lacerations, fractures, road rash, and neck, back, and spinal injuries. In addition, pedestrians struck directly by a front bumper may suffer a closed head injury as they are thrown into the vehicle’s windshield. Other severe injuries to pedestrians include paralysis, quadriplegia, amputation, and death.  

One such pedestrian accident victim is Steven Benvenisti, a partner in New Jersey’s injury law firm Davis, Saperstein & Salomon, PC, who, as a college student during spring break, was struck by a drunk driver. Benvenisti was in a coma for ten days, with bilateral open leg fractures and a traumatic brain injury. Lucky for him, he fully recovered from his injuries and went to law school, studying injury law and becoming an advocate for personal injury victims. His advocacy led him to become co-chairman of Mothers Against Drunk Driving (MADD) and president of the Brain Injury Association of New Jersey. He also wrote an inspirational book entitled “Spring Break,” which recounts his life story and road to recovery.  

What Is Being Done to Protect New Jersey Pedestrians?

State officials and other safety advocates are trying several solutions to help keep pedestrians safe. GHSA’sGHSA’s Senior Director of External Engagement, Pam Fischer, said one way to prevent pedestrian deaths is to build new infrastructure that better separates pedestrians from vehicle traffic. However, these infrastructure projects take time to complete and may not be an immediate solution.

Regarding existing options, Fischer said another way to protect pedestrians is to increase enforcement of speeding violations with traffic cameras. Fischer also suggested lowering speed limits in urban areas and residential neighborhoods because these areas tend to have more pedestrians.

Contact a New Jersey Pedestrian Accident Attorney Today

Were you struck by a motor vehicle? You may be entitled to compensation for your pain and suffering, medical expenses, disfigurement, missed time at work, and emotional distress. But filing a personal injury claim on your own can be difficult, especially when you should be recovering from your injuries. The best legal advice for accident victims is to hire an experienced and skilled personal injury lawyer as early as possible. They will only get paid if they win.

Injury Steven Benvenisti’Benvenisti’ s book, Spring Break, and his law partner, injury lawyer Garry Salomon’sSalomon’s book, The Consumer’sConsumer’s Guide to New Jersey Personal Injury Claims, are available for free to accident victims by calling 1-800-LAW-2000. Both Benvenisti and Salomon are certified by the Supreme Court of New Jersey as civil trial attorneys. Both are available for recommendations and advice throughout the US. 

Contact Davis, Saperstein & Salomon, P.C. today for a free consultation to learn how our New Jersey pedestrian accident lawyers can help.

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On July 13, 2022, a fatal chain-reaction crash occurred on Route I-95 in Teaneck, NJ. Two women from the Bronx, NY lost their lives when a truck pulling a utility trailer rear-ended their vehicle just after midnight near the DeGraw Ave. overpass. A third vehicle then collided with the truck, and all three vehicles hit the concrete median.

When first responders arrived, they found the two women entrapped in the back seat of a Subaru. The Teaneck Volunteer Ambulance Corps, as well as officers from the Teaneck Police Department, worked to extricate the women. The front seat passenger of the Subaru was taken to Hackensack University Medical Center in Hackensack, NJ with serious injuries. Our thoughts are with the family and friends of these two women who were tragically taken too soon.

Our Process For Investigating Complex Motor Vehicle Accidents

Unfortunately, this is not the first fatal accident that has occurred along I-95 in Teaneck. In June 2020, a young woman was killed in a hit and run after being struck by a tractor-trailer. In 2019, a truck driver was killed after a tractor-trailer slammed into his box truck. Several years prior, another tractor-trailer caused the untimely death of multiple people. Davis, Saperstein & Salomon, P.C. Founding Partner Marc C. Saperstein, Esq. and his team of experienced attorneys represented one of the families who lost several members in the tragic accident. Marc and his team have handled some of the most complicated trucking matters and have years of experience investigating these complex accidents. “We immediately hire an accident reconstructionist, and we hire an investigator, and I personally go to the scene where the accident took place,” Marc says. Going to the scene of the accident is important because,
“by viewing the scene, you can actually see in nonconceptual terms what the area looks like, if there is a debris field, if there are security cameras in the area. Our investigators will scour the area for any witnesses, talk to the investigating police officers,” says Marc. After a lengthy and thorough investigation, Marc and his team determined that the truck driver was inattentive, and a load shift was the ultimate cause of the accident. With the information they obtained in the investigation, they were able to hold all entities accountable for the devastating deaths.

Where Do Many Vehicle Accidents And Fatalities Occur in Teaneck, NJ?

There are many highways that run through Teaneck, NJ, and its surrounding towns in Bergen County. I-95, Route 80, and Route 4 are essential trucking routes, and unfortunately, many vehicle accidents and fatalities occur. Along with passenger vehicles, tractor-trailers, 18-wheelers transporting cargo, garbage trucks and large construction vehicles travel daily on these highways, and when an accident occurs involving the two, it can be catastrophic.

According to statistics, traffic deaths in New Jersey increased in 2021 and reached a 16-year high nationally. Data projects that highway traffic deaths in 2021 will increase 12% over 2020. There are many leading factors that cause road fatalities, including distraction, speeding, and impairment due to alcohol, drugs, illness, and exhaustion.

What Can Be Included As Part Of A Wrongful Death Claim?

Though nothing can ever replace the memory of a loved one, some individuals find a sense of peace and justice in filing a wrongful death claim against the negligent parties responsible for their unimaginable pain. There are several parts of the claim that deal with the individual’s loss, including pain and suffering that they endured up until the moment of death. Whether the person suffered for seconds, hours, or months, it is included in part of the claim. The second part of a wrongful death claim deals with the amount of money that was lost by the surviving family members. For example, if the person who died was supporting a family, they have a claim as part of their economic losses.

The Teaneck personal injury attorneys at Davis, Saperstein & Salomon, P.C. have decades of experience handling devastating trucking and automobile accidents. Those involving large commercial trucks and trailers are much more challenging to resolve than other types of automobile crashes. Our attorneys understand the investigation process that usually follows a crash of this magnitude. When handling a wrongful death claim, we learn about the person’s qualities and interests by interviewing their family and friends so we can understand and prove the crushing loss suffered to the family.

Contact the Truck Accident Lawyers at Davis, Saperstein & Salomon To Represent You

We understand just how complicated and overwhelming a wrongful death claim is, and our truck accident lawyers, many of whom are Certified by the Supreme Court of New Jersey as Civil Trial Attorneys, will persistently seek justice on behalf of our clients and their families. Call us now at 201-444-4444.

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