A New Jersey appeals court has rejected the latest challenge to personal injury protection regulations issued by the state Department of Banking and Insurance (DOBI). The latest lawsuit was filed by nine heath-care providers and organizations that represent them. The health-care plaintiffs contended that DOBI overstepped its authority when it issued its regulations, which largely [...]
Read More »Do you Know Your State’s Cell Phone Laws?
Do you know the law in your state regarding cell phone/handheld device use while driving? The Governors Highway Safety Association has created a detailed chart which outlines state distracted driving laws (as of April 2015). Please note, some localities have additional regulations. Across the United States, 14 states, D.C., Puerto Rico, Guam and the U.S. [...]
Read More »NJ Court Rules on Passengers’ Rights During Traffic Stops
A New Jersey appeals court has ruled, in a split decision, over the circumstances in which police can order passengers out of a car after a traffic stop. On April 16th, in State v. Bacome, the majority decided that the police must have a reasonable and articulable belief that their safety is in danger if they [...]
Read More »Is Leaving a Child Unattended for 5 minutes Abuse or Neglect? In NJ, Judge Rules Yes.
Recently, a New Jersey state appeals court held that leaving a young child alone in a vehicle — even briefly — is abuse or neglect. The Court ruled against a mother who left her toddler strapped in a car seat while she shopped. The case originated when a woman left her car running with her sleeping [...]
Read More »Texting and Driving? Phone Apps to Help You Reconsider
It’s against the law in 39 states but that hasn’t stopped many from reaching for the phone while they’re on the road. According to the U.S. Government’s Official Website for Distracted Driving, www.distraction.gov, at any given moment during daylight hours, over 800,000 vehicles are being driven by someone using a hand-held cell phone. Additionally, those who [...]
Read More »NJ Senate Approves Making Ignition-Interlock Devices Main Penalty for Drunk Drivers
A New Jersey Senate panel on Monday approved a bill that would make installation of ignition-interlock devices, rather than license suspension, the main penalty in most DUI/DWI cases. At present, the penalty for drunk driving is three months’ suspension for a first-time offender with a blood-alcohol count of .08 percent to .10 percent, seven months [...]
Read More »Motorcycle Safety Resources
Nationwide, motorcycle fatalities are on the rise. Between 2003 and 2007, 377 motorcyclists died on New Jersey’s highways. During the same time period, motorcycle registrations increased by 17 percent. About 2,500 motorcycles are involved in crashes each year on New Jersey’s roadways, according to the Federal Highway Authority. Facts: 22% of motorcycle fatalities involved riders [...]
Read More »Phone Apps for Car Accidents
Unfortunately, accidents happen. Obtaining critical documentation immediately following a car accident can save you a lot of time of money in the long run. Free smartphone applications now exist to help you do so. Some of the features of such applications include access and directions to emergency help and roadside service, the ability to call [...]
Read More »New Jersey Red-Light Cameras Under Investigation.
New Jersey is currently investigating its red-light camera program over concerns motorists are not being given enough time to get through intersections and whether towns are performing required inspections on the camera systems. Tickets will not be issued at those certain locations until it is determined whether the traffic systems are in compliance with the law. [...]
Read More »Individuals Texting to Drivers Are Not Liable to Car Accident Victims.
A New Jersey Court has held that texting to a driver does not make one liable to victims of an accident, even if the texter knows the recipient is driving a car at the time of the text. In Kubert v. Best, MRS-L-1975-10, attorney Stephen “Skippy” Weinstein of Morristown, New Jersey, made a novel, but [...]
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