We pause to look back on the past year with its blessings and accomplishments, and we look forward to the new year and opportunities ahead. We are grateful for the trust you have placed in us, and we wish you a joyful holiday season.
Archives for December 2018
Motor Vehicle Accidents in Winter Weather
The Common Causes of Commercial Truck Accidents
Statistics show that about 25% of all motor vehicle accidents in the United States occur in snowy or icy weather, as motorists experience difficulties controlling their vehicles or fail to properly clear their vehicles of snow and ice. Because of those concerns, New Jersey has enacted specific laws regarding winter driving. If you violate the law and are in a crash, you may compromise your rights to compensation for your injuries.
The Requirement that You Remove Snow and Ice from Your Windshield
Under New Jersey law, you cannot operate a motor vehicle on the road if you have failed to clear the windshield of any accumulation of snow or ice. If a police officer observes you driving with your view impaired by ice or snow, you can be stopped and issued a traffic citation. The fines for driving with a view impaired by snow or ice range from $25 to $1,000, and apply to all types of motor vehicle operators, including commercial truck drivers.
Negligence in Winter Driving
Under the basic legal principle of negligence, all persons are required to use reasonable care in all actions, including driving a car. What qualifies as reasonable depends, in part, on the circumstances. Accordingly, when there’s an accumulation of ice or snow on the roads, most courts of law will agree that it’s reasonable to:
- Make certain all windows are snow and ice-free, and that your heater/defroster operate properly
- Operate your vehicle at lowers speeds
- Ensure that your tires have adequate tread to travel through the snow and ice and to stop in a timely manner
- Avoid any distractions, including cell phones or handheld devices
Contact Attorney Howard D. Popper
To learn your options after suffering an injury in a commercial truck accident, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.
We handle all personal injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.
Injuries Caused by Snow and Ice—The Duties of Property Owners in New Jersey
Injuries Caused by Snow and Ice
The Duties of Property Owners in New Jersey
It’s winter in New Jersey and accumulations of snow and ice are common. Under New Jersey law, property owners must take reasonable steps to minimize the risk of injury to anyone legally on the property. What duties does that impose with respect to the accumulation and removal of snow and ice?
The duties with respect to the maintenance of real property extend not only to owners, but to anyone who exercises control over the premises, including a landlord, tenant or property manager. The obligation, however, is not an absolute one—the person with control of the property must only engage in reasonable acts to ensure visitor safety. Accordingly, there’s no requirement that sidewalks, steps, eaves or roofs be completely free of snow or ice. It may, however, be reasonable to expect that a property owner will monitor the weather, either through active observation or the use of weather forecasts, in order to anticipate and respond to dangerous weather conditions.
Other reasonable measures may include:
- Applying salt, sand or other substances on a regular basis, or to have buckets of sand or salt available near places that accumulate snow or ice
- Engaging a plowing or snow removal service to actively monitor and respond to accumulations of snow or ice
- Assigning a specific employee to monitor weather conditions and to remedy snowy or icy conditions as soon as possible
Contact Attorney Howard D. Popper
To learn your options when you have been injured because of someone else’s carelessness, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.
We handle all personal injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.
