When someone is accused of causing a serious accident, it is usually left up to various investigators to determine how it occurred. Rarely do at-fault drivers say something like, “I was texting the entire time I was driving this morning,” or “It’s all my fault.” Usually, even if their fault is evident, they aren’t likely to make it worse by admitting they were distracted by their phone, for instance. And this, experts say, is part of the reason we don’t have an accurate picture of how many accidents are caused by cell phone use. [Read more…]
Memorial Day Accidents Claim Four Lives
According to www.nj.com, this past Memorial Day, four individuals were killed in motor vehicle accidents. The holiday season routinely brings about an increase in traffic and an increase in DWIs. [Read more…]
Nearly Half of New York City Construction Sites Deemed Unsafe
Accidents in New York City construction zones jumped 37 percent in 2012, prompting the Department of Buildings to conduct a two-month construction zone sweep. The survey revealed that nearly half of the city’s construction sites were not following safety codes, the New York Daily News reports. [Read more…]
What Happens If You Are Injured in an Accident and the Defendant Destroys Evidence?
When someone destroys evidence, it is known as “spoliation of evidence.” This is defined by New Jersey courts as “the destruction or significant alteration of evidence, or the failure to preserve property for another’s use as evidence in pending or reasonably foreseeable litigation.” Mosaid Techs., Inc. v. Samsung Elecs. Co., Ltd., 348 F. Supp. 2d 332, 335 (D.N.J. 2004). [Read more…]
Don’t Ignore Injury Symptoms After a New York/New Jersey Construction Accident
New York and New Jersey construction workers are a hardy lot – men and women who are accustomed to harsh conditions and dangerous machinery and equipment. In addition, they tend to have a great worth ethic and often cannot afford to lose money by missing work. When you put all of that together, you get workers who frequently ignore symptoms that occur after a workplace accident. [Read more…]
Evidence of a Party’s Prior Alcohol Consumption May be Excluded at the Time of Trial
By John J. Megjugorac, Esq.
Under New Jersey Rule of Evidence 403, relevant evidence may be excluded by the Court if its probative value is substantially outweighed by the risk of undue prejudice. The party seeking to exclude the evidence bears the burden of convincing the Court that the evidence should be bared under Rule 403. Rosenblit v. Zimmerman, 166 N.J. 391, 410 (2001). [Read more…]
Construction Zone Accidents Dangerous for Workers, Motorists
Falling debris from a construction accident caused a multi-vehicle collision in Buffalo, New York, WIVB reported. A New York Department of Transportation crew was working on a bridge when a conduit – a long metal tube – housing phone or cable wires slipped and fell onto a van. The conduit damaged the van’s windshield and led to a four-vehicle crash. Thankfully, no one was seriously injured; however, Route 33 was closed for several hours. [Read more…]
Workplace Deaths Far Outnumber Terrorist Attack Deaths
Deaths from terrorist attack deaths gain lots of attention, but as the Huffington Post recently pointed out, Americans are hundreds of times more likely to die in a workplace accident. [Read more…]
NYC Inspection Sweep Nets Fines and Stop-Work Orders
Keeping workers safe is important not only for the workers’ sake. It’s also important for companies that hope to continue making money. When a company is found to be putting workers at serious risk of injury or death, OSHA or the New York City Department of Buildings can simply shut it down. Called a “stop-work order”, that’s exactly what happened at several job sites across the city in 2013. [Read more…]
How “Near-Miss” Reporting Could Prevent Injury Accidents
Not every mistake results in an injury, and not every trip results in a fall. But near-miss or almost-accidents can offer lessons that may serve to keep workers safer and prevent future worksite injuries. The problem lies in reporting them, as near-miss accidents are difficult to quantify and many people are resistant to admitting all the almost-accidents they have. [Read more…]
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