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Minimizing the Risk of an Accident in School Traffic

September 26, 2024 by

Steps You Can Take to Reduce the Likelihood of a Crash

Minimizing-the-Risk-of-an-Accident-in-School-Traffic-Img.jpgSummer’s over and school is back in session. That means significantly increased congestion on the roads in the morning and late afternoon, with many new school-age drivers lacking experience behind the wheel. Though you can’t completely avoid the risk of a crash, there are steps you can take to stay safer during school traffic times.

Give Yourself More Time

Get started a little earlier when you head out for work in the morning, so that you don’t feel the need to rush or run a traffic light or stop sign to make it on time. It’s better to arrive early and safe than to take unnecessary risks to get to work or school on time.

Carpool If You Can

Statistics gathered by the National Highway Traffic Safety Administration have shown for decades that more cars on the road consistently translates to more accidents. If you can find coworkers or friends to carpool with, you’ll not only help make the roads a little more safe, you can also share the cost of gas.

Be Hypervigilant in School Zones

Adolescents are notoriously inattentive. It’s a good strategy to assume that students walking nearby are paying less attention to you than to their friends. Keep them on your radar, and be ready to take evasive action, if necessary. Don’t let any distractions get in your way. Turn off your cell phone until you get to work. Do your grooming before you leave the house, and don’t have your breakfast in the car. These are all potential ways that you can take your eyes off the road.

Expect That You Will Encounter School Buses

You need to take extra precautions when school buses are nearby. You may have less space to safely pass the bus. You can expect frequent stops and starts. And you may not be able to see students getting on or off the bus.

Contact the Law Offices of David J. Karbasian, PC

Send us an email today or call us at 856-600-HURT to schedule an appointment to discuss your personal accident injury claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.

Filed Under: New Jersey Motor Vehicle Accident Injury Claims Tagged With:

Rear-End Accidents—Who’s Responsible?

September 20, 2024 by

Is It Always the Driver in the Trailing Car?

Rear-End-Accidents—Whos-Responsible-Img.jpgThe National Highway Traffic Safety Administration reports that rear-end collisions account for nearly one in every three traffic accidents, more than any other type of crash. The most common causes are distracted driving, excessive speed, and failing to compensate for poor weather conditions.

There’s an assumption that the trailing driver is always responsible for hitting the car in front of them. Is that true? Are there situations where the driver in front is at fault? If so, what are those circumstances?

Establishing Liability for a Rear-End Collision

Liability for losses sustained in most motor vehicle accidents is almost always based on the legal theory of negligence. To determine whether a party is negligent, the jury will look at the facts of the case and consider whether the actions of that party were reasonable under the circumstances. Because the trailing driver initiated the impact with the other car, a jury commonly looks first at the actions of that driver:

  • Were they driving at a reasonable speed?
  • Were they tailgating the other vehicle, so that there wasn’t adequate room to brake safely?
  • Did they take adverse weather conditions into consideration and adjust their driving accordingly?
  • Was the driver unreasonably fatigued or under the influence of drugs or alcohol?
  • Was the accident caused by an unreasonable failure by the trailing driver to maintain their vehicle?

The jury may also look at the conduct of the driver in the front vehicle to see if they have any liability:

  • Was the accident caused because the front driver had defective or broken brake lights or turn signals?
  • Is there evidence that the driver in front accidentally shifted their car into reverse?
  • Did the driver in front suddenly swerve into the path of the trailing driver?
  • Did the driver in front engage in needless “brake checking” or suddenly slam on the brakes unnecessarily?

Contact the Law Offices of David J. Karbasian, PC

Send us an email today or call us at 856-600-HURT to schedule an appointment to discuss your personal injury claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.

Filed Under: New Jersey Motor Vehicle Accident Claims Tagged With:

Insurance Coverage for Rideshare Accidents

August 20, 2024 by

What You Can Expect If You’re in a Crash With Uber or Lyft

Insurance Coverage for Rideshare AccidentsRideshare companies such as Uber and Lyft offer convenience and affordability to travelers worldwide, but they are not without risks. A number of studies indicate that there has been a 3% increase in traffic accidents and fatalities since 2011, when rideshares first became commercially available.

When you’re involved in a motor vehicle accident in New Jersey, which has a no-fault system, you’ll typically turn to your own insurance company to recover most, if not all, of your losses. However, rideshare operators in New Jersey are required to carry insurance. Here’s how it works:

  • If the driver does not have the app turned on—When a driver is in an accident while the Uber or Lyft app is turned off, their only potential coverage is under their own personal motor vehicle insurance policy. It does not matter if the driver was parked at a place where they typically take rides, such as an airport parking lot. If you’re in such an accident in New Jersey, you will need to look exclusively at your own insurance policy.
  • If the driver has the app open, but has not been matched with a passenger—In such situations, the rideshare company’s insurance typically provides only liability coverage, the required limits of which vary from state to state. In New Jersey, the driver must have a minimum of $50,000 in injury/death coverage per person, $100,000 in injury/death coverage per incident, and $25,000 for property damage.
  • If the driver has accepted a fare or is actively transporting a passenger—For such situations, rideshare companies must maintain a minimum of $1.5 million in coverage per incident. Furthermore, if the at-fault party does not have sufficient insurance coverage, the Uber policy allows for uninsured and underinsured motorists coverage.

Contact the Law Offices of David J. Karbasian, PC

Send us an email today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment to discuss your personal injury accident claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.

Filed Under: New Jersey Motor Vehicle Accident Injury Claims Tagged With:

Recovering Compensation After an E-Scooter Accident

August 16, 2024 by

What to Do to Protect Your Rights

Recovering Compensation After an E-Scooter AccidentOver the past decade, e-scooters have swept the nation. They offer a convenient way to get just about anywhere, but they can also be dangerous. The scooter may be poorly maintained, causing it to malfunction and crash. Furthermore, as with motorcycles, you can get into accidents with motorists who simply aren’t watching out for you, even though you have the right of way. In the aftermath of an e-scooter accident, the steps you take can make a big difference in your health and legal rights.

What Should You Do Immediately After an E-Scooter Accident?

After a scooter accident, as with any personal injury, your first concern should always be your health and safety. If you can do so without putting yourself in further jeopardy or aggravating your injuries, get off the road. Do a self-assessment. If you’ve suffered a head, neck, or back injury, don’t try to get up. Wait until emergency personnel arrive. Even if you can walk away under your own power, you should seek medical attention as soon as possible, either by going to a hospital emergency room or urgent care facility, or by seeing your primary care physician.

When you get medical care, make certain you tell the nurse or doctor about anything that seems out of the ordinary. Don’t focus on the obvious injuries, such as a broken bone, and neglect to mention your stiff neck or sore shoulder. Such symptoms may be important to any legal claims you might bring later. Ask doctors to put everything in writing.

If you can safely do so, get contact information from everyone involved in the accident, as well as all potential witnesses. Recording names, addresses, and email addresses will help your attorney get in touch with them when preparing your case.

Additionally, if you can, take pictures of anything related to the accident, including your injuries, injuries suffered by other parties, all vehicle damage, the location of the accident, the weather, and road conditions. Using the camera on your phone is fine.

Finally, as soon as possible, contact an experienced attorney, so that your legal rights are fully protected.

Contact the Law Offices of David J. Karbasian, PC

Send us an email today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment to discuss your personal injury claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.

Filed Under: New Jersey Personal Injury Claims Tagged With:

Injured at a Summer Party? Your Rights in New Jersey

July 24, 2024 by

Injured at a Summer Party? Your Rights in New JerseyIt’s summer… time for pool parties, barbecues, and other outdoor social events. Unfortunately, it can also be a dangerous time, particularly when the homeowners whose gatherings you attend don’t use reasonable care to maximize your safety. What are your rights in New Jersey when you suffer any type of loss or injury while attending a social event at someone else’s house?

New Jersey Laws Governing Slip-and-Falls

In New Jersey, as in all states, the owner of residential property has a duty to maintain the premises in a way that minimizes the risk of injury to anyone legally visiting the premises. The specific legal obligations of the owner (or person in control of the premises) vary based on the status of the visitor:

  • Licensee— A person who legally enters property for their own benefit, but not for business reasons, is considered a licensee. Social guests are generally licensees. The property owner, or person in control of the property, owes licensees a duty to warn of known dangers that the guest would be unlikely to discover on their own.
  • Invitee— Someone who enters property for the benefit of the property owner (typically a customer entering a commercial establishment) is an invitee. The owner, or person in control, owes the highest duty to an invitee. The premises must be subjected to reasonable periodic inspections to determine whether there are known hazards. The owner must fix any hazards, prevent access to any section of the premises where a hazard is found, or provide reasonable notice to invitees of the existence of any hazard.
  • Trespasser— A trespasser is a person who enters the premises without permission or legal authority. With limited exceptions, an owner or person in control owes no duty to adult trespassers.

When you suffer an injury at a social event on someone else’s property, you must first establish your status and the duty owed to you. You must then prove, by the weight of the evidence, that the owner or person in control of the property breached the duty required by the law in a way that resulted in your injuries.

Contact the Law Offices of David J. Karbasian, PC

Send us an email today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment to discuss your personal injury claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.

Filed Under: New Jersey Premises Liability Claims Tagged With:

Protecting Your Rights When You’re In a Car Accident on Vacation

July 15, 2024 by

Steps to Maximize Your Chances of a Full Financial Recovery

Protecting Your Rights When You’re In a Car Accident on VacationAccidents can happen anywhere and anytime, but the worst moment for a wreck can be while you’re on vacation. You may be only vaguely familiar with the area, with no idea where to go for medical attention or other kinds of help. It’s important to be careful and diligent in the moments following the accident, so you don’t jeopardize your right to recover for your losses.

Step #1—Call the Local Police

Regardless of where you are in the United States, you can always dial 9-1-1 to be directed to local police and emergency medical services. Don’t give in to the inclination to shake the whole thing off, particularly if your injuries seem insignificant or there’s little to no damage to your vehicle. Often, the most debilitating injuries are the ones that take some time to fully materialize.

Step #2—Get the Medical Care You Need

Don’t wait until your vacation is over to seek medical care. That can create a couple of potential problems. First, if you are involved in any other type of accident before you get treatment, you’ll have a difficult time establishing that your injuries were caused by the car accident. Second, even if you can establish that some injuries were sustained in the car accident, the fact that you delayed seeking medical attention allows opposing counsel to argue that your injuries were not that serious.

Step #3—Notify Your Auto Insurance Provider

Your policy may have different procedural requirements when you are involved in an accident in another state. Don’t wait until you get home to let your insurer know. Call them as soon as possible to make certain you are following all procedures.

Step #4—Gather as Much Information and Evidence as You Can

If your injuries allow, take the time to get contact information from anyone involved in the accident, as well as all potential witnesses. This will be tremendously helpful to your attorney. Don’t count on police officers gathering this information for you. Get information about insurance coverage from all drivers, and take pictures of anything that may be relevant to a personal injury lawsuit, such as your injuries, damage to the vehicles, weather conditions, or any roadway defects.

Contact the Law Offices of David J. Karbasian, PC

Send us an email today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment to discuss your personal accident injury claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.

Filed Under: New Jersey Motor Vehicle Accident Injury Claims Tagged With:

Happy 4th of July 2024

July 4, 2024 by

Independence Day

On this Independence Day, let us all aspire to those principles that make our nation great—freedom, liberty, and justice for all. We wish you a safe and happy holiday with loved ones.

Filed Under: Uncategorized

Protecting Your Rights After a Motor Vehicle Accident

June 28, 2024 by

Taking the Right Steps to Maximize Your Potential Recovery

Protecting Your Rights After a Motor Vehicle AccidentWhen you suffer any type of injury in a car, truck, or motorcycle accident, you have a right to take legal action to recover your losses. That includes any lost income resulting from your injuries, any medical expenses not covered by insurance, and any physical or mental pain or suffering caused by your injuries. You can also seek compensation for your inability to engage in activities you love (e.g., hobbies) because of your injuries, as well as your inability to have close and meaningful relationships with family members (loss of companionship or consortium).

The steps you take in the immediate aftermath of a motor vehicle accident, though, can make a big difference in your ability to recover compensation and how much you receive. Here are the most important things to do right after a crash:

  • Get the medical care you need —Before you do anything else, conduct a medical self-assessment. If you have injuries to your head, neck, or back, it’s best to wait until emergency responders arrive and defer to their expertise. Don’t risk further injury by trying to get up and move under your own power. Even if you can walk away from the accident, you should immediately seek treatment from a hospital emergency room, an urgent care facility, or your primary care physician. The longer you wait, the greater the risk of jeopardizing your claim.
  • Gather information —Don’t rely on police officers to gather necessary information about the parties to the accident or any witnesses. To the extent possible, get names and contact information for anyone involved in the accident and anyone who saw what happened. This will be tremendously beneficial to your attorney when you get ready to file a personal injury lawsuit.
  • Take pictures, if possible —You don’t need a fancy camera—your phone will do. Try to get pictures of anything potentially relevant to your claim, including all vehicle damage, your injuries, any roadway hazards or defects, and even weather conditions.
  • Hire an attorney as soon as possible —The sooner you hire legal counsel, the sooner you’ll have someone aggressively advocating for you. That can be critical when dealing with your insurance company. Your attorney will also ensure that critical evidence is preserved.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment to discuss your personal injury claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.

Filed Under: New Jersey Motor Vehicle Injury Claims Tagged With:

Risk of Motor Vehicle Accidents Goes Up in Summer

June 25, 2024 by

A Number of Factors Contribute to Increase in Summer Auto Wrecks

Risk of Motor Vehicle Accidents Goes Up in SummerStatistics compiled by the National Highway Traffic Safety Administration (NHTSA) consistently show that the number of motor vehicle accidents rises nationwide in the summer months. Officials cite a number of reasons for the increase:

  • There are more young, inexperienced drivers on the roads —Studies show that one in every five motor vehicle accidents involves a driver under the age of 20. Younger drivers have less experience, are typically less familiar with the roads, and may not know exactly what their vehicle can do. They also tend to be more inclined to risky behaviors behind the wheel, such as joyriding, aggressive driving, and speeding.
  • There are more drivers on the roads overall, and many drivers are putting more miles on their vehicles —School’s out, so many of those younger drivers who were in school all day are now out and about. The weather’s nice, so people are more inclined to spend time outdoors, whether it’s going to the park or the beach or just out for a drive. In addition, it’s vacation time, so families are traveling more, typically traveling longer distances, and often traveling on unfamiliar roadways. When the number of total miles being driven goes up, the number of accidents increases as well.
  • Summer is the season for parties and picnics —Summer starts and ends with a holiday weekend. Whether it’s a cookout, a beach party, or a picnic, many of those gatherings involve the consumption of alcohol. It should come as no surprise, then, that the number of alcohol-related accidents also increases in the summer.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment to discuss your personal accident injury claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.

Filed Under: New Jersey Motor Vehicle Injury Claims Tagged With:

The Differences Between Motorcycle Accident Injuries and Car Accident Injuries

May 30, 2024 by

How Do Typical Injuries Differ?

The Differences Between Motorcycle Accident Injuries and Car Accident InjuriesThere are tradeoffs with taking a motorcycle on the open road. There’s a sense of freedom that you’ll never get behind the wheel of a car, and there’s nothing like the feel of the wind in your face. But it comes with a potential cost, as there’s little to protect you if you get in an accident.

The Nature of the Injuries Suffered in a Motorcycle Accident

Over the past quarter of a century, extensive research and development has made automobile travel much safer. In addition to seatbelts and airbags, many automobiles now offer electronic stability control, anti-lock brakes, backup and side-view cameras, and even collision warning systems. Most of those features are simply not available on a motorcycle.

The bottom line is that most injuries suffered in auto accidents result from impact with the interior of the car or from the effects of whiplash. Most injuries suffered by bikers come from impact with the roadway or another vehicle.

Because of the lack of protection on a motorcycle, the injuries sustained in a motorcycle wreck tend to be far more serious. Bikers are more likely to suffer traumatic brain injury (TBI) than occupants of an automobile or truck. Road rash is a common consequence of a motorcycle accident, but virtually unheard of in an auto accident. Additionally, broken bones are far more common in motorcycle accidents.

The evidence suggests that, while a helmet will not provide absolute protection against a head injury, it can reduce the likelihood of a TBI. A study reported by the National Institute of Health found that, for unhelmeted motorcyclists under the age of 40, the most common injury is a TBI, accounting for almost 30% of all injuries. When bikers of that same age wore a helmet, the incidence of TBI was reduced to 20%, whereas the likelihood of lower extremity injury was 34%.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-600-HURT to schedule an appointment to discuss your personal injury claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.

Filed Under: New Jersey Motor Vehicle Injury Claims Tagged With:

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