N.J. personal injury lawyer
The NJ Courts online is a terrific resource chock full of valuable information for lawyers and litigants. One such service is a listing of recently enacted laws that impact our legal system.
I'm going to choose some laws relevant to the NJ personal injury community of accident victims and their lawyers.
- Establishes new motorcycle
safety requirements:
On January 28, 2011, Governor Christie signed S-736 into law
as P.L. 2011, c.13. The new law enacts several new motorcycle safety
requirements. Sections 2, 4, 5, 6, 7, 8, and 9 of the law took effect on
January 28, 2011. Section 3 of the law takes effect on May 1, 2011. Section 1
of the law took effect on January 28, 2011, but remains inoperative until the
date the Chief Administrator of the Motor Vehicle Commission certifies to the
Governor that the Commission is prepared to issue motorcycle licenses and
endorsements with restriction as to engine displacement, but such operative
date shall be as soon as practicable and no later than January 1, 2013.
Attached is a copy of the law for your information. FREE Download of Law
- Concerns priority of claims against certain insured tortfeasors as between insurer paying PIP benefits and injured party:
The new law amends N.J.S.A.39:6A-9.1 to clarify that any
recovery by the insurer, health maintenance organization, or governmental
agency from the tortfeasor’s insurer shall be subject to any claim by the
injured party and shall be paid only after satisfaction of that claim, up to
the limits of the insured tortfeasor’s motor vehicle or other liability
insurance policy. FREE Download of Law
- Upgrades penalties for assaulting certain health care professional and workers at health care facilities and human services and veterans' facilities
The new law amends N.J.S.A. 2C:12-1 to upgrade simple assault to aggravated assault if committed
against: (1) a health care worker employed by a licensed health care facility
to provide direct patient care; (2) a health care professional licensed or
authorized to practice in the health care profession; or (3) a direct care
worker at a State or county psychiatric hospital, a State developmental center,
or a veterans’ memorial home, who is clearly identifiable as being engaged in
his or her duties. The new law does not apply to an assault committed by a
patient or resident of a facility if the patient or resident is classified as
suffering from a mental illness or developmental disability. FREE Download of Law
- Imposes bail restrictions on persons charged with
violating domestic violence restraining orders
The new law amends N.J.S.A. 2A:162-12 to expand the current
bail restriction statute to include certain crimes or offenses involving
domestic violence. Specifically, the law provides that crimes with bail
restrictions now include any crime or offense involving domestic violence, as
defined in N.J.S.A. 2C:25-19, where the defendant was: (1) subject to a
temporary or permanent restraining order issued pursuant to the “Prevention of
Domestic Violence Act of 1991, N.J.S.A. 2C:25-17, et. seq., and (2) is charged
with either a crime against a person protected under the order or contempt,
pursuant to N.J.S.A. 2C:29-9. Under the new law, such a defendant may post the
required amount of bail only in the form of full cash, a surety bond executed
by an authorized corporation, or bail bond secured by real property situated in
this State with an unencumbered equity equal to the amount of the bail plus
$20,000.
Further, the law creates a new presumption in favor of the
court requiring a defendant to post full cash bail, to the exclusion of other
forms of bail, if that person was subject to a temporary or permanent
restraining order; was charged with a crime committed against a person
protected under that order, including a charge of contempt pursuant to N.J.S.A.
2C:29-9; and either: (1) is charged with commission of a domestic violence
crime that resulted in serious bodily injury to the victim; or (2) has at least
one prior conviction for a crime or offense involving domestic violence against
the same victim or has previously violated a final restraining order protecting
the same victim.
FREE Download of Law