Tragically, on the morning of July 2nd, a 24-year-old tow truck driver was struck by a passing car while towing a disabled vehicle at milepost 31.4 of I-287 southbound in Morris County, New Jersey. According to New Jersey State Police reports, the young man was standing outside his truck performing his duties on the right shoulder of the highway when he was struck. Emergency responders rushed him to the hospital, but sadly, he did not survive.
This heartbreaking crash is a reminder of how dangerous it is to stand near a roadway, and the real dangers that roadside and highway workers face every day as part of their jobs. Too many police officers, firefighters, construction workers, ambulance crew members, and tow truck workers have lost their lives or suffered severe injury while doing their job on a New Jersey highway. They likely will have both a personal injury claim against the driver that struck them, possibly an OSHA violation claim against a subcontractor, and a workers’ compensation claim against their employer.
Understanding New Jersey’s Move Over Law
New Jersey’s Move Over Law requires drivers to safely move over a lane or slow down when approaching emergency vehicles, tow trucks, or highway maintenance workers that are stopped on the side of the road with their hazards on. Unfortunately, too many drivers do not follow or ignore this law, which can have devastating results, like in this most recent tragedy in Morris County. Accidents like the one on I-287 are preventable. The law exists to protect the lives of first responders, utility workers, and tow truck drivers who risk their safety every time they step out onto the highway. Violating the Move Over Law can lead to serious injury or death, so drivers have a legal obligation to be alert, cautious, and respectful of all roadside workers.
The 2017 New Jersey motor vehicle law, N.J.S.A 39:4-92.2 titled “procedure for motorist approaching certain stationary vehicles” says that when a driver is approaching a stationary emergency vehicle with flashing lights, the driver needs to move over to the next lane if it is safe to do so. According to attorney Marc C. Saperstein, a founding partner of New Jersey’s Davis, Saperstein & Salomon, P.C., “ motor vehicle violations of this law are known as negligence per se and can be used to prove negligence against a driver being sued for money damages in a civil court of law.”
If you or a loved one has been injured in a motor vehicle accident or work-related incident, you’ve come to the right place. For over 40 years, Davis, Saperstein & Salomon, P.C. has been standing up for the rights of injured workers, car accident victims, and their families across New Jersey and New York. We fight to get you the justice and compensation you deserve after being injured due to someone else’s negligence, so you can focus on healing. For over four decades, our lawyers have represented police officers, firefighters, highway construction workers, and tow operators as their lawyers in civil and workers’ compensation lawsuits.
What Causes Highway Accidents?
Highway accidents in New Jersey can happen fast, especially when drivers aren’t being cautious near work zones, roadside workers, emergency vehicles, or disabled cars. Even the best drivers will make split-second errors, but these crashes are preventable, and they’re most of the time a result of negligence or carelessness.
Some of the most common causes of highway and work-related motor vehicle accidents in New Jersey include:
- Failure to observe pedestrians.
- Distracted driving (texting, talking on the phone, using GPS)
- Speeding or reckless lane changes, especially in heavy traffic
- Impaired driving, including alcohol, drugs, or fatigue.
- Failure to obey traffic signals, signs, or Move Over Laws
- Poor weather conditions or reduced visibility
- Roadway or roadside hazards
Whether you’re a roadside worker, another driver, or just a passenger, when someone’s negligent behavior causes an accident, injuries, damages, and past, present, and future losses, you have rights. Pursuing compensation isn’t just about money; it’s about accountability, justice, and making sure you have the resources you need to make a full recovery.
How an Attorney Can Help After a Highway or Work-Related Accident
Working with an experienced New Jersey personal injury attorney, or a New Jersey workers’ compensation attorney if injured on the job, can make all the difference. They are professionals who spend their lives understanding New Jersey Laws and the complex legal system, and they will help you navigate everything from insurance claims to medical treatment and lost income.
An experienced New Jersey personal injury lawyer will:
- Help you understand your rights under New Jersey’s personal injury and workers’ compensation laws.
- Investigate all liable parties, including negligent drivers, employers, or third-party contractors.
- Handle communication with insurance companies, so you don’t get taken advantage of
- Pursue full compensation for medical bills, lost wages, and long-term disability
- Ensure all claims and filings meet legal deadlines to preserve your case.
- Pursue claims against the wrongdoer for physical and mental pain and suffering.
After a serious accident, the idea of filing a claim or the legal system can be overwhelming, especially when you’re in pain or grieving a loss. Whether you were injured in a crash or hurt on the job, don’t wait. Getting legal help early gives your personal injury attorney or workers’ compensation lawyer time to investigate, preserve evidence, and file your claim before the statute of limitations expires. The right lawyer will help you understand your claim and take immediate action to build your case to hold others accountable for their negligence.
Over his 44 years as a New Jersey Certified Civil Trial Attorney and New York trial lawyer, Marc C. Saperstein, Esq., has helped thousands of accident victims win settlements or verdicts in complex truck and bus accident litigation, construction site injuries, product liability cases, and diet drug litigation. During his career, Marc C. Saperstein, Esq., successfully settled on behalf of his clients over fifty cases in excess of one million dollars. for his clients and their families’ damages. He is a past president of the New Jersey Association for Justice, formerly known as the Association of Trial Lawyers of America – NJ. For the past 18 years, he has served as Co-Chair and founder of the annual New Jersey Association for Justice’s Meadowlands Seminar, one of New Jersey’s largest gatherings of injury lawyers, drawing over eight hundred attorneys each year. In 2022, he was awarded the Gold Medal for Distinguished Service by the New Jersey Association for Justice (NJAJ). He has also been awarded an AV Preeminent rating from Martindale-Hubbell, which is the highest rating for a practicing lawyer based upon peer review endorsement. He has been selected as a New Jersey SuperLawyer by Thompson Reuters, for the past consecutive 15 years.
To speak with Marc Saperstein Esq., for a free, no-obligation consultation or second opinion, he can be contacted at (800) 529-2000 or at Marc.Saperstein@dsslaw.com to schedule a meeting. There is no charge for the consultation, and we are happy to meet with you in person or virtually via FaceTime, Zoom. We have Spanish-speaking attorneys on-site and offer translations for Korean, Polish, Italian, Albanian, Russian, Portuguese, and many more languages, in case English is not your preferred language. It’s important to act fast so your attorney can begin building a strong case for you. Contact us today to get started.
Steve Cohen, Esq., a Partner and the Chairperson of the Workers’ Compensation Section of Davis, Saperstein & Salomon, P.C., has decades of experience dedicated to representing and helping injured workers get back on their feet. Steve Cohen, Esq., is a strong advocate and believes that on-the-job injuries are not just accidents but examples of negligence that demand justice and fair compensation. He authored a guide, entitled “Getting the Benefits You Deserve: Everything You Need to Know About Your Workers’ Compensation Claim,” which was created to help injured workers in New Jersey and New York understand their rights under the workers’ compensation law and the benefits they are entitled to receive after a workplace injury. If you have been injured at work and would like a copy of the Workers’ Compensation Guide, you can click the link or call 201-907-5000 to request a copy free of charge.
For Rating Methodology See:
SuperLawyers Selection process – Super Lawyers
Top 100 Trial Lawyers Contact Us – The National Trial Lawyers
NJAJ Board Membership About New Jersey Association for Justice
Martindale Hubbel AV Peer Review Ratings & Client Review Awards | Martindale-Hubbell®
SuperLawyers Selection process – Super Lawyers
201 Magazine Best of Bergen Community’s Choice Awards
Certified Civil Trial Atty courtcaddy.com/nj/court-rules/r1-39.html
Martindale Hubbel AV Peer Review Ratings & Client Review Awards | Martindale-Hubbell®
Let Us Help You Move Forward
At Davis, Saperstein & Salomon, P.C., we will investigate your accident, preserve evidence, speak to any witnesses, deal with insurance companies, and fight for your rights to receive full and fair compensation for your medical bills, lost wages, and pain and suffering.
Steven Cohen, Esq., is a highly experienced workers’ compensation attorney with a record of leadership and service in his field. He was the Secretary of the Executive Committee for the Workers’ Compensation Section of the New Jersey Bar Association and as Vice President of the New Jersey Advisory Council on Safety and Health. As a longtime member of the New Jersey Association for Justice (NJAJ), Steven has served as Co-Chair of its Workers’ Compensation Section since 2005. He has led numerous educational seminars for attorneys across the state. He is known for his knowledge of the law and genuine care for all of his clients, making him a trusted advocate for injured workers across the state.
Contact us Today!
Being injured in a car crash or workplace accident is overwhelming. You may not know where to turn or how to get the help you need. That’s where we come in. As experienced New Jersey workers’ compensation lawyers and Morris County car accident attorneys, we’re ready to take on the burden of your case so you can focus on your recovery. With more than 35,000 clients helped and over $1 billion recovered in verdicts and settlements, our Teaneck, NJ-based law firm has earned a reputation for compassionate, effective legal representation.
To speak with Steve Cohen, Esq., for a free, no-obligation consultation or second opinion, he can be contacted at (201)-907-5000 or at Steve.Cohen@dsslaw.com to schedule a meeting. There is no charge for the consultation, and we are happy to meet with you in person or virtually via FaceTime, Zoom. We have Spanish-speaking attorneys on-site and offer translations for Korean, Polish, Italian, Albanian, Russian, Portuguese, and many more languages, in case English is not your preferred language. It’s important to act fast so your attorney can begin building a compelling case for you. We’re here for you, 24/7, and you don’t pay unless we win your case.
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Since 1981, the compassionate personal injury lawyers at Davis, Saperstein & Salomon have been delivering results for our deserving clients. We are solely committed to helping injured individuals, never representing corporations. No matter how large or small your personal injury case is, you can trust that it is important to us.
