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October 2016 Archives

Fatal New Jersey accident could lead to wrongful death claim

There are inherent dangers associated with driving or riding in a motor vehicle. Fortunately, certain precautions can help reduce the chances of being involved in an accident, including declining to drive while under the influence of alcohol. Despite the attempts to educate the general public about the dangers of drinking and driving, some in New Jersey continue to engage in the dangerous behavior. In a case that could ultimately result in a wrongful death lawsuit, a police officer now faces multiple charges related to a fatal crash in which alcohol is believed to have been a factor.

Looking at New Jersey’s graduated driver’s licensing process

In our last post, we began looking at a proposal recently made by the Governor’s Highway Safety Association that states, in order to address the safety risks posed by older teen drivers, should extend driver’s license restrictions to the age of 21. As we noted, New Jersey law does not always extend junior driving restrictions to the age of 21, but it does require new drivers of any age to go through a graduated process.

Safety group recommends extending graduated licensing for drivers to age 21

The Governor’s Highway Safety Association, which represents local highway safety offices responsible for addressing highway safety issues, recently made the recommendation that all state extend the amount of time young drivers remain under restrictions. At present, states have different graduated license requirements, with many allowing drivers to obtain a permit at the age of 16 and to obtain a full license upon reaching the age of 18.

Proving your claim is meritorious: an important aspect of medical malpractice litigation

In our last post, we looked briefly at the requirements state law places upon expert witnesses in medical malpractice litigation. We looked at those requirements in the context of discussing the credibility of physicians who serve as expert witnesses and who sign off on affidavits of merit. These are, of course, separate issues, though they are certainly related.

What makes a physician qualified to offer testimony in court?

In our last post, we began speaking about the case of a surgeon who recently admitted to having lied under oath in a medical malpractice case years ago in order to protect a fellow surgeon from liability. One of the interesting points the surgeon makes in the ProPublica interview is that his act of perjury was only the tip of the iceberg in terms of the attitude physicians had toward attorneys, at least in that place at that time. As he said, the hostile attitude toward the legal profession put pressure on medical professionals to support colleagues who are involved in malpractice litigation, even when they know they shouldn’t.

Reliability of expert witnesses highlighted in retired surgeon’s perjury confession

Pursuing medical malpractice litigation is an important opportunity for those who have been injured by a negligent physician to win compensation for their injuries, but it isn’t necessarily easy to win a case. Sufficient evidence must be introduced at trial to demonstrate that the physician acted negligently, breaching the accepted standard of care and causing injury to the patient.  

Self-driving cars face a tough road to acceptance

Self-driving cars are slowly but surely becoming a more common feature on the nation's roads, with manufacturers betting that the adoption of the technology will phase out car accidents due to human error. However, the cars have not been trouble-free so far, and there are further concerns about the risk of an accident involving self-driving cars. These issues have made Americans rather reluctant to fully support switching to self-driving cars for quite a few reasons.