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March 2016 Archives | Morristown, New Jersey Personal Injury Law Blog

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March 2016 Archives

COMMERCIAL TRANSPORT COMPANIES AND THEIR DUTY TO HIRE AND TRAIN DRIVERS

When you’re driving alongside a large commercial vehicle, such as a private coach bus or tractor-trailer, you have a right to assume that the driver of that vehicle has been appropriately screened before being allowed to get behind the wheel, and is well-trained in how to safely operate the vehicle. When companies fail to exercise an appropriate level of care when selecting and training their drivers, your safety and the safety of others on the road may be at risk.

JOB SITE ACCIDENT TAKES LIVES OF TWO NEW JERSEY MEN

In an accident which remains under investigation, two men were fatally injured by a falling generator on a construction site in northern New Jersey. The job site in question is the future home of the Whippany Fire Company Headquarters along Troy Hills Road. Robert Derkacs Jr., 45, of Vernon, and Joseph Donahue, 25, of Montague, were working on the ground below, with Derkacs working as an employee of Boz Electric of Vernon, and Donahue working for Industrial Process & Equipment of Sussex. Above them, an employee of City Erectors of West Caldwell operated a crane, provided to the site by that company, to relocate a 10,000-lb generator to its final installation location. It is unclear what caused the failure of the equipment, but something caused the straps that held the generator aloft to snap or begin to unravel, causing the generator to plummet to the ground. Donahue and Derkacs, working in a ditch below, were beneath the generator when it fell. Donohue died at the scene of the accident. Derkacs suffered leg, rib, and lung injuries, and was transported to Morristown Memorial Center. He died at the hospital later that evening. 

CAR INSURANCE EXPENSES FOR NEWLY-LICENSED CHILD CAUSE INCREASE IN CHILD SUPPORT PAYMENT

September of 2013 saw the addition of a new category of expenses which could be included among the child support calculation guidelines for children of divorce in the state of New Jersey: the costs of and relating to a child’s car. However, what was not clear in those guidelines was whether or not the cost of car insurance should be considered to have been included in the initial calculation. Due to the very high cost of adding a new teen driver to a household’s auto insurance policy, this issue had become a particularly sticky one for co-parents and family part judges to solve while still adhering to the guidelines. A recent decision from New Jersey Family Part Judge Lawrence Jones offers a solution for these parents, ruling that courts can deviate from child support guidelines in order to increase existing support payments to include a proportional share of the child’s car insurance policy. 

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