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New Jersey Personal Injury Law Blog

Have you been the victim of 'anesthesia awareness?'

Waking up in the middle of a surgical procedure is a nightmare that many people have in the days prior to their own surgery. While we trust anesthesiologists to administer the proper anesthesia, unfortunately, things can go wrong.

In fact, two out of every 1,000 patients are victims of something called "anesthesia awareness." While this term may sound fairly innocuous, at the very least, it can be traumatic.

Appeals court gives woman suing Wal-Mart a new trial

A judge has determined that a New Jersey woman who sued Wal-Mart after a metal rack fell on her can have her case re-heard. The woman, who was injured at a Turnersville Wal-Mart in 2010, lost in a jury trial against the retail giant.

The woman claimed that she was injured when a display of clothing, which an engineer testified weighed over 150 pounds, fell on her. She was taken to the hospital after the incident, complaining of pain in her arm. After am MRI, she was diagnosed with ulnar neuropathy. A spinal cord simulator was implanted in her several years later to relieve the pain she said she continued to experience. One of the doctors who testified on her behalf said that her injuries would likely cause her permanent pain.

Truck driver training is often rushed

Truck drivers have to be properly certified and have special licenses to drive. This is done to ensure that they're trained and safe on the highway.

However, some in the industry have noted that all they really need to do is learn enough to pass those tests. Furthermore, they say that training has to be completed, but there is no rule in place stipulating exactly how long a new trucker has to spend in his or her training sessions.

What are your options if you're injured due to lack of security?

If you have been the victim of a violent crime and/or a robbery, you may be able to hold the business where it happened liable. Owners of certain businesses, like bars, are responsible for hiring qualified bouncers or security guards to help protect their customers.

Property owners are also responsible for ensuring the safety of those who enter their buildings or even their parking lots. If a business becomes aware that its property is unsafe, such as if there have been assaults or break-ins to vehicles, it has a responsibility to upgrade its security.

Distracted driving fatalities continue to rise

Despite the increasing laws across the country against cellphone use and texting while driving, even more people than ever are dying on America's roads because of distracted drivers. The number of distracted driving-related fatalities rose by nearly 9 percent between 2015 and 2016, according to the National Highway Traffic Safety Administration (NHTSA).

While teens and other young drivers are involved in these texting and driving accidents, an official with State Farm puts some of the blame on the parents they've been riding in the car with since childhood. He says, "When they get behind the wheel, if they've been watching you use the phone, if they would rather use the phone it's gonna be hard to break that habit and get them driving safely from the get go." The insurance company says that more than a third of drivers text while they're behind the wheel.

Truck drivers can prevent jackknife accidents

A truck that jackknifes is incredibly dangerous to other drivers because it's completely out of control. Typically, these accidents happen when the truck loses traction for some reason, throwing the trailer and cab out of sync. Issues that lead to it include improper braking and slick road surfaces.

However, there are steps drivers can take to prevent these accidents from happening, even if it's hard to recover once they begin.

Do fatality rates in certain cars tell the whole story?

Cars must pass certain safety protocols before going into production, but that doesn't mean they all offer the same exactly level of safety to those inside. You can look at the fatality rates for various makes and models and see which ones are involved in the most deadly accidents, perhaps showing a link that makes you wary when it's time to go buy a new car.

However, experts do warn that fatality rates don't always tell the whole story and don't always mean the car itself is the problem. There are just too many factors in play.

Did road conditions contribute to your wreck?

New Jersey residents are just digging themselves out from Winter 2017's worst storm to date. That means that the highways and streets are being subjected to more harsh salt treatments that melt the ice but contribute to the problem of eroding roads and potholes.

There's no doubt that when ice and snow build up on the roads, the New Jersey Department of Transportation workers must do what is necessary to make safe passage for motorists, but these measures do play havoc on the highways' infrastructures. In some cases, the deteriorating roads and highways may even be contributing factors to some serious accidents and injuries for drivers and their passengers.

When should senior citizens give up driving?

For senior citizens, being able to drive means hanging on to their precious independence just a little bit longer. They don't have to worry about becoming a burden on their adult children or on younger friends as long as they still have cars and valid drivers' licenses.

But some seniors continue driving longer than is safe due to physical or mental limitations. It's a difficult call to make, but nobody wants to be the cause of an accident that maims or kills an innocent person.

The true saga of the McDonald's hot coffee lawsuit

Perhaps the most notorious personal injury settlement of all time belongs to the 79-year-old grandmother from Albuquerque, New Mexico, who in 1992, sued the fast food chain after she received severe burns from the cup of hot coffee she got from a McDonald's drive-thru.

Everyone, it seemed, jumped to the conclusion that this was a frivolous lawsuit. However, a closer inspection of the case told a different story.

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