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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 [...]

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. [...]

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 [...]

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 [...]

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 [...]

Following a lengthy court battle in South Jersey, wherein lakefront property owners won their case against the owner of the artificial lake, the homeowners’ lawyer made comments to the press about the litigation.  The developer filed a suit for defamation based on the lawyer’s comments, and, most interestingly, filed the suit not only against the [...]

The New Jersey Law Division issued a notable, but unpublished, decision on PIP coverage and the Limitation on Lawsuit option in the case of Schaefer v. Vannucci, 23-3-9285 (N.J. Law Div. March 8, 2013). PIP coverage—Personal Injury Protection insurance—is part of New Jersey’s no-fault motor vehicle insurance system, and is the primary source of coverage for [...]

Municipalities across New Jersey will be celebrating St. Patrick’s Day with parades and parties all weekend long.  Whether or not you’re taking part in the festivities, if you’re drinking this weekend, keep these common-sense tips in mind: Know your limit. Not everyone responds to alcohol the same way. Drink plenty of water. This will help lessen the [...]

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 [...]

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 [...]