Davis, Saperstein & Salomon, P.C. Give Back to the Teaneck Community & Employees

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.

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Work from Home? Here Are 6 Frequently Asked Questions About Workers’ Compensation

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.

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Improving Pedestrian Safety in New Jersey

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.

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MTA Subway Train Tragedy Causes Death of 20-Year-Old

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.

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Penalties for Failing to Keep Right on New Jersey Highways

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.

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Car Crash Detection: A Newly-Released Apple Feature That May Save Lives

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.

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The British Legal System and Its Influence on the United States

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.

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Port Authority Officer and former MLB Pitcher Killed in Car Accident

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.

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How Collision Avoidance Technology Has Changed Auto Accident Trends

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. 

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First Responders – Our Literary Heroes Come to Life

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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Drowsy Drivers are Dangerous Drivers

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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The Reoccurring Dangers of Ceiling Collapses

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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Legislation to Hold Drunk Drivers Accountable if They Kill a Parent in a Crash Gains Traction

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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MTA Bus Driver Charged After a Hit-and-Run Accident in Staten Island Results in Death

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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Double-Decker Bus Crash on New Jersey Turnpike Kills Two, Injures Nearly Two Dozen

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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Assistant Bergen County Prosecutor Killed in Motorcycle Crash with SUV in Hackensack

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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Camp Lejeune Lawsuit Settlement

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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