A recent New Jersey Appellate Division case underscores the importance proper road maintenance for the use and enjoyment of cyclists in a tragic case involving William Massi, a cyclist whose severe injuries were the result of a poorly maintained public roadway. In a well-written opinion, Judge Sabatino recognized that “bicycle riding has become increasingly prevalent on our public roadways. That increased usage has heightened safety concerns about the condition of roadway surfaces used by bicyclists as well as motor vehicles. Since the 1990s, the New Jersey Department of Transportation (‘DOT’) has published guidelines for the safe condition of road surfaces used by both bicycles and motor vehicles.” For further reference, you can access the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines here and here.

The Estate of William Massi filed a lawsuit against several parties after William’s tragic accident on Wyckoff Mills Road, a two-lane road that straddles Monroe and Cranbury Townships. Despite numerous complaints and frequent patch repairs over several years, the road was plagued with potholes and other dangerous surface irregularities. On April 27, 2017, William swerved to avoid a passing truck and lost control of his bicycle when his tires hit the potholes, leading to a severe fall. Tragically, William passed away while the appeal was pending, although his death was not a direct result of the bicycle accident.

Under New Jersey’s Tort Claims Act (TCA), public entities can be held liable for injuries caused by dangerous conditions that the entity owns, maintains, or controls. The key legal questions in this case are:

1. Was the road in a dangerous condition?
2. Did the municipalities have notice of the condition?
3. Was the failure to repair the road palpably unreasonable?

Judge Sabatino’s Opinion

Judge Sabatino, writing for the Appellate Division panel, delivered a comprehensive opinion that reversed the trial court’s grant of summary judgment in favor of Monroe and Cranbury Townships. Here are some of the critical points and reasons behind the reversal:

1. Dangerous Condition of the Roadway: Judge Sabatino highlighted that the road’s surface was chronically poor, with numerous complaints and repairs over several years. Maintenance records revealed that the road had been patched “hundreds of times” in the five years preceding the accident, indicating chronic neglect and a persistently dangerous condition.
2. Citizen Complaints: Several citizens had reported the poor condition of the road to the municipalities, making it clear that there was widespread awareness of the problem. These complaints showed that the municipalities had actual knowledge of the road’s hazardous state and the risks it posed to public safety.
3. Expert Testimony: The court found the unrebutted expert testimony of Dr. Wayne Nolte, a civil engineer, compelling. Dr. Nolte stated that the improper repair methods used by the municipalities rendered the road hazardous. He indicated that the repeated cold patch repairs were inadequate and contributed to the persistent dangerous condition.
4. Notice and Actual Knowledge: The court concluded that the facts presented a jury question regarding whether the municipalities had actual and/or constructive notice of the dangerous condition. The numerous complaints from citizens and the hundreds of patch repairs demonstrated that a reasonable juror could conclude that the municipalities knew or should have known about the road’s condition.
5. Palpably Unreasonable Condition: The opinion underscored that the municipalities’ failure to properly repair the road, despite knowing its dangerous condition, could be viewed by a jury as palpably unreasonable conduct. The repeated and ineffective repair attempts, combined with the knowledge of the road’s condition, suggested a level of neglect that justified a jury’s consideration.

Distinguishing this case from Polzo I and Polzo II

Judge Sabatino’s opinion carefully distinguished the facts of this case from our Supreme Court’s decisions in Polzo v. County of Essex (“Polzo I” and “Polzo II”):

1. Location of the Accident: In Polzo, the bicycle accident occurred on the shoulder of the road, not on the travel lanes. The Supreme Court emphasized that roadways are primarily intended for vehicular traffic, not for bicyclists riding on the shoulder. In contrast, William Massi’s accident occurred on the travel lanes of Wyckoff Mills Road, which are meant for all types of vehicles, including bicycles and motorcycles.
2. Nature of the Road Condition: The road surface in the Massi case was chronically poor, with documented evidence of hundreds of repairs and multiple complaints. The expert testimony indicated that the condition was hazardous for both bicycles and motorcycles, whereas the Polzo case involved a single depression on the shoulder that was not shown to be hazardous for motor vehicles.
3. Duty to Maintain: Polzo II held that public entities do not have to make road shoulders completely risk-free for bicyclists. However, in Massi’s case, the court recognized that the travel lanes, which are intended for vehicles including bicycles and motorcycles, must be maintained to a safe standard. The extensive and repeated repairs highlighted a duty that reasonable juror could conclude that the municipalities failed to meet.

The Court’s Decision

The appellate court vacated the summary judgment in favor of the Townships, meaning the case would go back to trial for further examination of these issues. This decision underscores the municipalities’ potential liability and the need for public entities to maintain roadways in a condition safe for all users, including bicyclists and motorcyclists.

Why This Case Matters

This case is a stark reminder of the responsibilities that municipalities owe to members of the public in maintaining and repairing public infrastructure. It highlights how neglecting these vital public safety duties can lead to severe, life-altering consequences for cyclists, runners, and motorists. At Shebell & Shebell, we are dedicated to helping those who suffer due the negligect of public entities.

If you or a loved one has been injured due to poorly maintained public property, don’t hesitate to contact us. We are here to fight for your rights and hold negligent parties accountable. Your safety should never be compromised due to the neglect of others.

In the world of modern transportation, rideshare companies like Uber and Lyft have transformed the way we travel. They’re convenient, affordable, and accessible. But what happens when an accident occurs involving one of these rideshare vehicles? Understanding the liability in these situations can be crucial, especially in New Jersey, where specific laws and regulations come into play.

The Basics of Rideshare Liability

Rideshare companies operate differently from traditional taxi services. Drivers use their personal vehicles, and the rideshare company acts as a middleman, connecting drivers with passengers through an app. This setup raises unique questions about liability when an accident happens.

In New Jersey, the law is clear: rideshare companies must provide insurance coverage for their drivers. This coverage is tiered based on the driver’s status at the time of the accident, as mandated by the Transportation Network Company Safety and Regulatory Act (N.J.S.A. 39:5H-1 through 39:5H-28).

1. Offline or App Off: If the driver is not logged into the app, their personal insurance is in effect.
2. App On, No Passenger: When the driver is logged into the app but has not yet accepted a ride, the rideshare company’s insurance provides limited coverage:
   • $50,000 for bodily injury or death per person (N.J.S.A. 39:5H-10a).
   • $100,000 for bodily injury or death per accident (N.J.S.A. 39:5H-10a).
   • $25,000 for property damage (N.J.S.A. 39:5H-10a).
3. App On, Passenger in Car: Once a ride is accepted and a passenger is in the vehicle, the rideshare company’s full insurance coverage kicks in:
   • $1.5 million in liability coverage for bodily injury, death, and property damage (N.J.S.A. 39:5H-10b).
   • $1.5 million in uninsured/underinsured motorist coverage (N.J.S.A. 39:5H-10b).
   • $10,000 for personal injury protection (PIP) per person per accident (if the driver’s personal policy does not include PIP) (N.J.S.A. 39:5H-10b).

Insurance Requirements in New Jersey

New Jersey mandates that rideshare companies provide specific insurance coverage to protect passengers, drivers, and third parties. This comprehensive insurance framework ensures that victims of rideshare accidents have a clear path to compensation, reflecting the seriousness of the potential injuries and damages that can occur.

Determining Fault and Seeking Compensation

After an accident, determining fault is a critical step. In New Jersey, a comparative negligence state, multiple parties can share fault. The percentage of fault assigned to each party directly impacts the compensation they can receive.

If you’re involved in a rideshare accident, whether as a passenger, pedestrian, or other driver, it’s essential to gather evidence. Take photos, get witness statements, and collect all relevant information. This documentation will be vital when filing a claim.

The Role of a Personal Injury Lawyer

Navigating the complexities of rideshare accident claims can be daunting. That’s where an experienced personal injury lawyer comes in. They can help you understand your rights, negotiate with insurance companies, and ensure you receive fair compensation for your injuries and losses.

In New Jersey, the law provides a solid foundation for holding rideshare companies accountable. However, each case is unique, and the details matter. Consulting with a lawyer who specializes in rideshare accidents can make all the difference.

Conclusion

Rideshare companies offer convenience and flexibility, but accidents can happen. Understanding the liability landscape in New Jersey ensures you are prepared and protected. Remember, the law is on your side, and with the right legal support, you can navigate the aftermath of an accident with confidence.

Stay safe, know your rights, and don’t hesitate to seek expert advice if you find yourself involved in a rideshare accident. Your journey to justice starts with understanding the road ahead.

This guide outlines the key aspects of rideshare liability in New Jersey, referencing the Transportation Network Company Safety and Regulatory Act (N.J.S.A. 39:5H-1 through 39:5H-28). For detailed legal advice tailored to your specific situation, always consult with a professional.

Losing a loved one is always devastating. The pain can be even more troubling and grieving more difficult when death results from the wrongful action or negligence of another person. New Jersey law provides a way for surviving family members to seek justice and compensatory damages for those harmed by the loss of the deceased victim.

Read more below from New Jersey’s experienced wrongful death & survivorship lawyers at Shebell & Shebell, LLC, about who can file a wrongful death & survivorship lawsuit in our state.

Understanding Wrongful Death & Survivorship in New Jersey

State law provides a right of recovery in cases where a person’s death occurred because of the negligent, wrongful, or criminal act of another person. Death might occur immediately during the wrongful act or could come much later.

In essence, any personal injury claim that a living person would have for damages can lead to a wrongful death & survivorship case. Only a legally qualified person can handle the case on behalf of those entitled to recover.

Eligibility to File a Wrongful Death & Survivorship Lawsuit

Wrongful death & survivorship cases in New Jersey involve both personal injury law and probate law. Who can file a wrongful death lawsuit in our state? Here, a wrongful death lawsuit must be filed and handled by the personal representative of a deceased person’s estate.

There are two types of personal representatives. For people with a will, the probate court appoints the person named in the will as executor. For people who die without a will, the probate court will appoint a qualified person to act as the administrator of the estate.

Who Can Recover Damages in a Wrongful Death & Survivorship Claim

Relatives or beneficiaries of the deceased person are allowed to recover damages regardless of whether or not the decedent had a will. The law prioritizes compensation for those persons who were or could be financially dependent on the deceased person, including a deceased person’s:

• Spouse
• Children
• Parents
• Grandchildren
• Grandparents
• Nieces and nephews

If multiple family members are eligible to recover damages in a wrongful death & survivorship claim, the court will apportion the damages based on various factors.

You should consult with our attorneys to determine who is legally entitled to recover damages in any particular wrongful death & survivorship case.

Types of Damages Recoverable

Economic damages are based on calculations and include:

• Lost financial support expected from the deceased for the rest of their expected lifespan
• Funeral expenses
• Economic value of household services the deceased would have provided had they lived

Non-economic damages are more subjective and place value on the emotional support, companionship, love, care, and guidance the deceased would have been able to provide.

Consult With Shebell & Shebell, LLC, Regarding Your Wrongful Death & Survivorship Case

If a loved one has died as a result of the negligent or intentional action of another person, you can speak with an experienced personal injury lawyer with Shebell & Shebell, LLC, to find out more about your legal rights and to determine who can file a wrongful death & survivorship lawsuit if necessary.

Contact us online or call our office in Shrewsbury at (732) 663-1122 anytime, 24/7, to discuss your case and schedule a confidential consultation.

Slip and fall accidents happen without warning and often lead to difficult injuries and sustained pain. There are some immediate steps to protect your health and legal rights when injured in a slip and fall accident.

You should consult with New Jersey’s top slip and fall attorneys, Shebell & Shebell, LLC, as soon as practical after suffering a slip and fall injury. Here are some other important things to know about what to do after a slip and fall accident.

Seek Medical Attention

Go to your doctor or visit the emergency room as soon as you can after the accident. A doctor will document your condition and your injuries for the record.

Follow your doctor’s instructions and keep all follow-up appointments. Take medications as prescribed and follow therapy instructions closely.

Reporting the Accident

Notify the property owner or manager of the accident as soon as possible. Request they make an incident report to document the accident and ask for a copy. The property owner or manager’s account of the incident is critical to establishing which facts are not in dispute and could include an admission of negligence.

Otherwise, be very cautious about what you say following the accident. Avoid making any unnecessary statements or admissions. Only relate the necessary facts to identify your accident and the scene before you can consult with one of our lawyers. Don’t post about your accident on social media.

Document the Scene

If you’re wondering what to do after a slip and fall accident, documenting the scene is a must.

Take photos and videos of the precise place where you fell. Take pictures of hazardous conditions and also make videos. If you slipped on a wet floor or a broken or uneven surface, take pictures of how the scene appeared when you fell.

If there are any witnesses and you’re able to talk with them, ask for their names and phone numbers.

Preserve Evidence

Keep the clothes and shoes you wore when you fell in the same condition. Until you provide them to your personal injury lawyer, don’t wash or alter them, and keep them in a safe place.

Keep a Personal Injury Journal

Keep a diary about the physical, emotional, and financial injuries you suffer as a result of the accident. Record your daily pain and physical limitations. The things you write down at the time they occur can serve as powerful evidence when documenting your claim later.

Contact Shebell & Shebell, LLC, Regarding Your Slip and Fall Case

Read other posts on our website about these types of cases, including information about knee injuries from slip and fall accidents.

If you have been injured as the result of hazardous property conditions or the negligence or wrongful act of another person, reach out to the team of experienced New Jersey personal injury lawyers at Shebell & Shebell, LLC. Until then, follow the steps outlined above about what to do after a slip and fall accident.

Contact us online today or call our Shrewsbury office anytime, 24/7, at (732) 663-1122 to schedule a consultation with one of our lawyers.

Riding a bicycle offers numerous benefits, from improving physical fitness to reducing carbon footprints. However, safety should always be a top priority, and wearing a helmet is crucial for protecting yourself in the event of an accident.

The Latest Research on Helmet Effectiveness

A recent study by the Insurance Institute for Highway Safety (IIHS) and Virginia Tech tested 30 popular adult bike helmets, revealing significant differences in protection. Four helmets earned the top rating of 5 stars, demonstrating superior protection, while others ranged from 2 to 4 stars. The study emphasizes that cost isn’t always indicative of performance, as both high-end and mid-priced helmets received top marks. This new rating system aims to help consumers make informed decisions and encourage manufacturers to improve helmet safety.

Key Takeaways

Cost vs. Protection: The study highlights that a higher price doesn’t always equate to better protection. Both high-end and mid-priced helmets received top ratings, proving that effective helmets are available across different price ranges.

Making Informed Decisions: With the new rating system, consumers can now make better-informed decisions when purchasing helmets. This not only promotes personal safety but also encourages manufacturers to enhance helmet safety standards.

Comprehensive Safety: Wearing a helmet that has been tested and rated for high performance can significantly reduce the risk of severe head injuries. It’s an essential step for all cyclists, regardless of their experience level.

Why Helmets Matter

Injuries sustained from bicycle accidents can be life-altering. A helmet acts as a critical line of defense, absorbing impact and reducing the severity of head injuries. It’s not just about following the law or setting a good example for others—it’s about protecting your future and well-being.

For more detailed information on the recent helmet tests and to see which helmets performed best, you can read the full article here.

Conclusion

Don’t compromise on safety. Always wear a helmet when you ride and choose one that offers the best protection. Your head—and your future—depend on it.

If you or a loved one has been injured in a bike crash, visit Shebell & Shebell for expert legal assistance. Your safety and well-being are our top priority.

In New Jersey, a recent decision has more clearly defined the landscape of premises liability regarding commercial property owners. If you’ve ever tripped on a poorly maintained sidewalk and suffered injuries, understanding your rights is crucial. A recent New Jersey Supreme Court case, Padilla v. Young Il An, serves as a pivotal moment for pedestrians. Here’s what you need to know.

The Padilla Case: A Turning Point

In September 2019, Alejandra Padilla suffered serious injuries after tripping on a dilapidated sidewalk in Camden, New Jersey. The sidewalk abutted a vacant commercial lot owned by Young Il An and Myo Soon An. Despite owning the property since 1992, the Ans never developed it, nor did they maintain the sidewalk or purchase liability insurance. Padilla’s fall brought to light a critical issue: Do owners of vacant commercial lots have a duty to maintain the sidewalks adjoining their property?

The trial court initially ruled in favor of the Ans, citing binding precedent that exempted owners of vacant lots from such responsibilities. The Appellate Division upheld this decision. However, the New Jersey Supreme Court saw it differently. In a decisive move, the Court reversed the lower courts’ rulings, establishing that all commercial landowners, including those with vacant properties, must keep abutting sidewalks in reasonably good condition.

What This Means for Injured Pedestrians:

The Supreme Court’s decision in the Padilla case underscores a fundamental principle: fairness and public safety. Commercial property owners, regardless of whether their lot is developed or generating income, now have a clear duty to ensure that sidewalks are safe for pedestrians. Here’s how this impacts you:

• Broader Scope of Liability If you’re injured due to a poorly maintained sidewalk next to any commercial property, you can hold the property owner accountable. This duty extends to vacant lots, which were previously excluded from such liability.
• No Need for Income Generation Proof The court rejected the notion that liability should depend on a property’s ability to generate income. This simplifies your case, focusing on the condition of the sidewalk rather than the financial status of the property.
• Encouraging Better Maintenance and Pedestrian Safety With this ruling, commercial property owners are incentivized to maintain their sidewalks, reducing hazards and promoting safer public spaces.

The Legal Implications

The Padilla decision aligns with the long-standing precedent established in Stewart v. 104 Wallace Street, Inc., 87 N.J. 146 (1981). In Stewart, the Supreme Court held commercial property owners responsible for sidewalk maintenance, stating that “commercial landowners are responsible for maintaining in reasonably good condition the sidewalks abutting their property and are liable to pedestrians injured as a result of their negligent failure to do so”. However, the Padilla decision goes further by unequivocally including vacant lots under this duty.

Justice Pierre-Louis, writing for the majority in Padilla, emphasized that commercial landowners must maintain public sidewalks in reasonably good condition, ensuring safe passage for pedestrians. This ruling eliminates the ambiguity and potential inconsistency that previously complicated such cases.

A Call to Action

The Padilla case highlights a critical shift towards greater accountability for commercial property owners. As pedestrians, it’s important to stay informed about your rights and the responsibilities of those who own and manage commercial properties in your community.

If you’ve been injured because of a neglected sidewalk, don’t hesitate to act. Hold property owners accountable, seek justice for your injuries, and contribute to making our public spaces safer for everyone.

If you find yourself in a situation like Alejandra Padilla’s, here’s what you should do:

1. Document the Scene: Take photos of the sidewalk and your injuries. Note the exact location, take measurements, and document any visible defects.
2. Notify the Property Owner: To document the location of your fall and prevent others from suffering the same fate, immediately notify the property owner or management company. If no one is available at the location, you may want to contact the police department.
3. Seek Medical Attention: Your health is paramount. Get immediate medical care, if necessary, and keep records of all treatments.
4. Consult an Injury Lawyer: An attorney experienced in premises liability cases can guide you through the legal process, helping you understand your rights, and recommend the best course of action.

Final Thoughts

The Padilla decision is a victory for fairness and public safety. The case ensures that all commercial property owners, regardless of the status of their lot, have a duty to maintain sidewalks, protecting pedestrians from unnecessary harm. By understanding your rights and taking appropriate action, you can help uphold this standard and seek the compensation you deserve.

Stay vigilant, stay informed, and remember – the law is here to protect you.