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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Statistics About Car Accidents with Pedestrian

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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TWO WOMEN KILLED IN CHAIN-REACTION CRASH ON I-95 IN TEANECK

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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Are We Getting Too Comfortable With The Latest Driving Technology?

Older drivers will remember being taught to look at the rearview mirrors and glance over their shoulder to check blind spots before backing a car. Younger drivers today may be taught the same safety practices, but they may be driving vehicles with backup cameras to show what is behind the car and sensors to detect vehicles in blind spots. Who do you think is likely to be the safer driver?

As audiovisual technology increases in motor vehicles, we think our caution should, too. It’s a massive leap from the view through a windshield to the view provided by a screen connected to a camera lens. The backup camera is a safety feature designed to prevent back-over car accidents. Backup cameras have been available in many models since 2003 and are required in cars manufactured since 2018, indicating where technology is headed. But some studies find backup cameras are not as safe as you think.

With the increase in technological capabilities and the requirement for rearview cameras in vehicles, we expect several new studies on backup camera safety to update prior studies by such respected groups as the Insurance Institute for Highway Safety (IIHS) and Consumer Reports (CR).

What Do Rearview Driving Cameras Show the Driver?

Backup cameras provide drivers an image of the area behind their vehicle when it is in reverse gear. A rearview video system (RVS) is to help prevent back-over accidents, in which a vehicle backs, knocks down, and runs over a pedestrian. 

The IIHS says about 267 people are killed and 15,000 injured each year by drivers who back into them, usually in driveways or parking lots. Many back-over accidents involve small children who are not tall enough to be seen in a rearview mirror.

The National Highway Traffic Safety Administration (NHTSA) estimates that 58 to 69 lives will be saved each year once every passenger vehicle is equipped with a rear visibility system. The NHTSA also expects rearview cameras to reduce crashes that result only in property damage. 

When drivers shift to reverse, the camera displays an image of the area behind the vehicle, either on the dashboard or the rearview mirror. The field of view includes a 10-foot by 20-foot zone directly behind the car.

In a 2016 study, IIHS found that, on average, backup cameras cut back-over crashes by 16 percent. But, again, drivers ages 70 and older, who may have difficulty turning their heads, appeared to benefit the most.

However, vehicle owners’ manuals and safety organizations caution that rearview video systems are not a replacement for mirrors or turning around to look. Instead, they are an added safety tool for revealing hidden dangers. We also know that young adults have been conditioned to rely on video screens. We can only hope that when drivers of any age put their car in reverse, they look around them instead of just down at the safety video.

Even With Driving Cameras, Backing Requires Eyes on the Road

Most backup cameras provide only an 80-degree field of vision behind the vehicle. That leaves 280 degrees of who-knows-what happening around the car if a driver only checks the backup camera before backing.

“These driver assistant tools shouldn’t replace your skills or your attentiveness to what’s going on around the car,” Jennifer Stockburger, who tests the rearview visibility of cars for Consumer Reports, told CBS2 in New York.

The Drivers Ed website recommends:

● Do not depend on mirrors alone when backing up, so you don’t lose depth perception when using the mirrors to guide the vehicle while backing.

● Turn your head and body to the right until you can see through the back window. To improve balance, drop your arm over the back of the seat.

● Always go slowly, observing in all directions.

The New York State Driver’s Manual, addressing parallel parking, says:

“Some vehicles have additional safety equipment (such as backup cameras and range-detecting sensors) to help the driver back up safely. Some vehicles can even park themselves (in certain conditions). Although these can be useful features, you need to be alert and check the area behind your vehicle before you back up. YOU – as the driver – are ultimately responsible for the safe operation of your vehicle.”

Should We Eliminate Driving Assistant Technology In Vehicles To Avoid Accidents?

While driver assistance technology should not replace driver attention and alertness, it is considered helpful.

Consumer Reports said in November 2017, “New high-tech safety features are helping drivers who have lapses in attention.

 These features warn you or intervene to head off potentially dangerous situations.” The report then cited forward-collision warning, automatic emergency braking, lane-departure warning, lane-keep assist systems, and several driver assistance apps.

NHTSA says, “Driver assistance technologies keep drivers and passengers safe and other drivers and pedestrians safe.” The federal agency adds that it is “working alongside industry partners and safety advocates to ensure vehicle buyers have the latest information regarding safety equipment.”

The National Safety Council (NSC) says that while hundreds of millions of cars are equipped with safety technologies, even the most advanced safety features cannot replace a safe, focused driver at the wheel of a car.

The NSC and the University of Iowa Public Policy Center have established MyCarDoesWhat.org, which uses videos, graphics, animation, social media, and other resources to educate the public on the ever-changing world of car safety features. The NSC says that the campaign provides quick and easy-to-use information for any driver, no matter what kind of car they have or how old it is.

Contact Our Car Accident Attorneys If You Were Injured

There is no stopping progress, as they say. But we can’t turn our lives over to technology either. Safe driving technology still requires a secure, alert driver at the wheel. While we cannot control the actions of other drivers or prevent them from making driving errors, we each can choose to drive defensively and recognize dangerous situations before they develop into an accident.

The attorneys at Davis, Saperstein & Salomon, P.C. understand the disruption a car accident involving severe injuries can cause. If you were injured by another motorist’s careless driving or in New Jersey or New York City, our highly regarded attorneys could fight hard to help you recover. If you or someone you love has been seriously injured in a car accident, contact an injury attorney at 1-800-LAW-2000 for a free case review.

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