Dodge Rams Pose Danger Of Roll Away Recalled

Fiat Chrysler the makers of Dodge vehicle is voluntarily recalling an estimated 1.48 million trucks in the U.S. to help prevent occupants from inadvertently moving the vehicles’ gear-shifters out of the “park” position which would cause the vehicle to roll and potentially injure and/or kill drivers or pedestrians.

The recall is limited to vehicles equipped with shifters mounted on their steering columns. Those with rotary-dial shifters or floor-mounted shifters are unaffected.

A Fiat Chrysler review of field data led to the discovery that Brake Transmission Shift Interlock (BTSI) may not function properly if subject to specific high-temperature conditions for prolonged periods. The conditions are consistent with those that occur when there is protracted brake-pedal application while a vehicle is idling in park.

If Brake Transmission Shift Interlock becomes disabled, a vehicle’s shifter may be moved out of park without brake-pedal application, or the presence of a key in the ignition. In such circumstances, a vehicle may exhibit inadvertent movement (more…)

What To Do If Involved in Uber or Lyft Accident

What To Do If Involved in Uber or Lyft Accident

stop sign

What to do if in an accident.

The convenience of using an App on your smartphone to call for a taxi ride with companies like Uber and Lyft has increased the number of individuals opting to use these ride-sharing car services.  There is a difference between a traditional Taxi Company insurance policy and a Ridesharing insurance policy.

A traditional Taxi Company in most cases has liability insurance for its vehicles.  These policies vary in the amount of insurance coverage provided.  Some policies cover for injuries, medical expenses and other losses caused by an accident.  These insurance limits vary however depending on the Taxi Company.

Earlier this year, the New Jersey Legislature passed a law entitled the Transportation Network Company Safety and Regulatory Act which governs ridesharing car services like Uber and Lyft.    In many ways but not all, you are provided better insurance in a ridesharing car service that is complying with the new ridesharing law. (more…)

Ancient Law Limits Right to Sue NJ Transit. Unless You Act within 90 Days

NJ Transit Bus

New Jersey Transit Bus

The New Jersey Tort Claims Act states that, as a general rule, a public entity is not liable for an injury, caused by the public entity or any of its employees.  This general rule dates back to an English law from over a hundred years ago. The New Jersey Legislature modified the law to allow state entities like NJ Transit to be held liable for negligence but you must comply with strict requirements before you can sue NJ Transit.  If you fail to comply with those requirements NJ Transit will move to dismiss your claim.

The New Jersey Tort Claim Act, Title 59 as attorneys refer to it, is also known as the rule of “sovereign immunity”.  Sovereign immunity dates back hundreds of years ago to England, the law was carried over into Federal and State laws in United States of America.  In England, it prevented persons from suing the King. (more…)

150 Million Dollar Verdict in Jeep Grand Cherokee Fire Case Could Save Your Life

150 Million Dollar Verdict in Jeep Grand Cherokee Fire Case Could Save Your Life

Jeep Grand Cherokee

Jeep Grand Cherokee

(Independence Day, July 4, 2015). In June of 2013, Chrylser Auto Group agreed to repair over 1.5 million Jeep Grand Cherokee and Jeep Liberty vehicles because the placement and design of the vehicle’s fuel tank could cause the vehicle to catch on fire. The recall was for Jeep Grand Cherokee vehicles made between 1993 and 1998 and Jeep Liberty vehicles made between 2002 and 2007. In November of 2014, Deputy Administrator of the United States Department of Transportation National Highway Traffic Safety Administration (NHTSA), David J. Friedman wrote the Chairman and CEO of the Chrysler Group, Sergio Marchionne urging Chrysler to more aggressively seek out vehicle owners affected by the recall of June 2013 as the fuel tanks in those vehicles may rupture if the vehicles are struck from behind leading to fires even in low to medium speed crashes. The letter from David Friedman from the NHTSA was prompted because Chrysler between June 2013 and October 2014 had only repaired 3 percent of the 1.5 million vehicles (only roughly 45,000 vehicles out of 1.5 million vehicles).

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Third Party Workers Compensation Liens Unfair to Injured Workers

Third Party Workers Compensation Liens Unfair to Injured Workers

New Jersey law, in particular, New Jersey Statute NJSA 39:15-40 provides that an injured worker who recovers monies from a Third Party must reimburse the Workers Compensation carrier monies paid by the carrier including temporary disability benefits, medical bill payments, and permanent disability benefits.

The law was written to prevent an injured worker from recovering twice for the same injury. The reality, however, is that the current version of the law which was recently upheld in an unpublished decision, Greater New York Insurance Company v. Calgano & Associates and John Phillips, New Jersey Superior Court, Appellate Division, Docket No: A-0900-11T4, gives money to insurance carriers that is not justly their money. In the Greater New York case, the Attorney representing the injured worker paid back money to in the insurance carrier but the carrier contended that it had not been paid back the correct amount due it under the New Jersey Third Party Lien law (NJSA 34:15-40). The dispute centered around whether the injured work could deduct the actual costs incurred in pursuing the Third Party or whether the worker was only entitled to deduct a maximum of $750.00 as set forth in the statute. A two-judge panel in the New Jersey Appellate Division found that the maximum amount of actual costs that could be deducted from the repayment of the lien is what was set forth in the statute — $750.00. The injured worker’s attorney had spent $12,767.23 in actual costs in pursuing and settling an action against a negligent party who had caused the injured workers accident (called a Third Party).

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