Archives for October 2014

October 27, 2014 By

Protect Your Rights When You Are Injured on a Bicycle

Bicycle laneAccording to a recent study, nearly 20,000 bicyclists were injured in collisions with motor vehicles during a ten year period. Not surprisingly, 81 of those accidents proved fatal to the bicyclist.

The Laws Governing Bicycles and Riders in New Jersey

Under New Jersey law, a bicycle is legally viewed as a vehicle, with bicycle operators enjoying the same privileges and responsibilities as other motorists. Accordingly, when you are on the road, you generally have equal legal rights and access as those in motor vehicles.
There are, however, some additional requirements that apply specifically to bicyclists. The laws state that, when riding a bicycle on the road, you must be as close to the right roadside as is “practicable.” You must also use reasonable care when passing a parked vehicle or one moving in the same direction. New Jersey law also mandates that you wear an approved safety helmet.

Bicycle Accidents—Causes and Responsibility

Studies repeatedly show that, in most collisions involving motorists and bicyclists, the motorists failed to use appropriate caution, and were at fault. Typical causes of bicycle accidents include:

  • Drivers opening a door to a parked car in front of a bicyclist
  • Drivers turning left into the path of a bicyclist who has the right of way
  • Drivers failing to allow reasonable distance between the vehicle and the bicycle when passing
  • Drivers passing bicyclists at an excessive rate of speed
  • Drivers operating a vehicle while drunk, distracted or impaired

Bicyclists may also suffer injury because of negligent maintenance of roadways, or road conditions. For example, a road may have construction gravel, potholes or other obstructions. Stop signs may be down or hidden by trees. Bike lanes may be improperly marked, or speed limits may be inappropriate around bike lanes.
Additionally, bicycle accidents can stem from defects in the design, manufacture or distribution of a bike or its components. A fork may break, chains may be defective or brakes may not work properly.

Contact Taylor & Boguski

At Taylor & Boguski, we bring more than 70 years of combined legal experience to injured people throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-234-2233.

Filed Under: Bicycle Accidents, Personal Injury
October 27, 2014 By

Repetitive Motion or Stress Injuries on the Job

Hand braceUnder the laws of New Jersey, when you are hurt during the course of employment, you have a right to pursue monetary compensation for lost wages, medical expenses and even job retraining, if you can’t return to your previous job. The injury, though, does not have to arise from a single traumatic event—a fall or the malfunction of a machine or tool. Often, the most debilitating injuries are those that develop over time, from standing, bending, lifting, squeezing or pinching over and over and over.

The New Jersey workers’ compensation laws allow you to pursue benefits for what are called repetitive stress or repetitive motion injuries. These types of injuries can take many forms, including:

  • Carpal tunnel syndrome, a condition that customarily affects the wrists of workers. Carpal tunnel injuries afflict workers in a wide variety of occupations, from typists and keyboard operators to workers on an assembly line, from cashiers in retail operations to anyone exposed to repeated vibration in the hands or wrists.
  • Tendonitis, which can cause severe pain in elbows, arms, knees, shins and other joints with tendons. Tendonitis may be caused by overuse of the tendons, or it can be caused by inactivity, such as standing in the same place and position for hours every day.
  • Cubital tunnel syndrome, a condition similar to carpal tunnel syndrome, which affects the elbow, resulting in radiating pain and numbness in hands and fingers. Machine operators and truck drivers are particularly susceptible to this condition.
  • Cervice radiculopathy, a compression or strain on the disks in your neck, causing substantial neck, back and shoulder discomfort. People who spend a lot of time on the phone are at risk for this condition.
  • Thoracic outlet syndrome, usually caused by repetitive overhead motions. This injury typically manifests in pain in the breastbone, as well as numbness or tingling in your arms.

Contact Us

At Taylor & Boguski, we bring more than 70 years of combined legal experience to injured people throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-234-2233.

Filed Under: Workers Compensation
October 27, 2014 By

The Criteria for Establishing Child Custody in New Jersey

Father and daughter easting breakfastIf you are involved in a divorce proceeding and have minor children, one of the difficult issues you will have to address centers on where the children will live, and how to maintain positive relationships with both parents—custody and visitation. As a parent, you want what’s best for your child, but you also want to play a meaningful role in their growth and development.

In New Jersey, the criteria for determining child custody and visitation are straightforward. The courts are charged with putting custody and visitation arrangements in place that are in the “best interests of the minor child.” When identifying what is in the child’s best interests, the courts are required to consider certain factors, including:

  • The history and inclination of the parents to agree, cooperate and communicate on issues involving the children
  • The historical interaction and relationship between the child and each parent, and between the child and siblings, including the extent and quality of any time spent between parent and child before or after the separation
  • The demonstrated willingness of both parents to honor custody and visitation arrangements
  • The safety of the child, as evidence by any history of domestic violence, including spouse or child abus
  • The relative stability of each parent’s home environment
  • Any special needs of the child, including medical, educational or religious needs
  • Any responsibilities (work-related or other) of either parent that may affect ability to be present as a parent
  • The proximity of each parent’s home to school, medical care, church or religious training, or other critical aspects of the child’s life
  • The wishes of the child, if the court determines the child is old enough and has the capacity to make “an intelligent decision.”

Contact Us

At Taylor & Boguski, we bring more than 70 years of combined legal experience to people throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-234-2233.

Filed Under: Divorce, Divorce Mediation