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Comparative Negligence and the Last Clear Chance Doctrine

July 15, 2025 by

Comparative Negligence and the Last Clear Chance Doctrine

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Can You Claim Damages for Injuries If You Could Have Avoided the Accident?

In New Jersey, as in every state, the vast majority of personal injury claims are based on the legal principle of negligence. To prove negligence, you must show that the defendant acted unreasonably under the circumstances. For example, if you’ve been hurt in a motor vehicle accident, evidence showing that the other party ran a stop sign or red light is proof of their negligence. But what if you could have avoided the accident? What if you had sufficient time to brake but were distracted? Can you still seek compensation for your losses?

The Last Clear Chance Doctrine

Historically, New Jersey (and all other states) followed a legal principle known as contributory negligence. Under this approach, if an injured party contributed in any way to causing an accident, there could be no recovery. When contributory negligence was the rule of law in New Jersey, courts applied the Last Clear Chance Doctrine, a legal principle that assigns liability to the party who had the last clear opportunity to prevent an accident. As a result, an injured person who could have prevented the accident would be precluded from receiving compensation from another party whose negligence primarily caused the accident.

Due to concerns about abuses of the contributory negligence rule, New Jersey and most other states replaced contributory negligence with the legal principle of comparative negligence. With comparative negligence, the court first determines the full amount of damages needed to compensate the injured party for their losses. Next, the court allocates a percentage of fault to each party. Finally, the injured party’s financial award is reduced by their percentage of fault. So, for example, if a court finds that a party should receive $100,000 in damages, but that the party was 20% at fault for causing the accident, then the award will be reduced to $80,000.

New Jersey follows a particular type of comparative negligence referred to as modified comparative negligence. Under modified comparative negligence, an injured person who is more than 50% responsible for causing their own injuries may not recover anything.

Under the comparative negligence approach, the Last Clear Chance doctrine has little or no relevance, as a court allocates a percentage of fault to each party. A party that had the last clear opportunity to prevent an accident may still recover, as long as their percentage of fault does not exceed 50%.

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.
We handle all personal injury claims, including motor vehicle accident lawsuits, on a contingent fee basis. You will not incur any legal fees unless we recover monetary compensation for your losses.

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

New Jersey Premises Liability Claims

June 30, 2025 by

Can You File a Lawsuit for Injuries Caused by Inadequate Lighting

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In New Jersey, as in other states, owners or persons in control of residential or commercial property have a duty to maintain the premises in such a way as to minimize the risk of injury to persons legally visiting the property. These claims are commonly referred to as premises liability lawsuits.

Most premises liability actions involve injuries caused by slippery surfaces; dangerous tile, carpet or other flooring; or poorly maintained sidewalks, steps, stairs, ramps, and other thoroughfares. But what if poor lighting, or the absence of lighting, causes a visitor to stumble, trip, and fall? Can the injured person file a claim for damages?

Poor Lighting as the Basis of a Premises Liability Claim

Most premises liability claims, like other personal injury lawsuits, are based on a legal theory of negligence. To succeed with a claim of negligence, you must prove the following by the weight of the evidence:

  • The defendant failed to act as a reasonable person would under the circumstances;
  • The failure to act reasonably caused an accident; and
  • You suffered actual injury as a consequence of the accident.

A jury will decide whether or not a property owner should be liable for failure to maintain reasonably safe lighting conditions, based on the facts presented at trial.

Let Attorney David J. Karbasian Help You After a New Jersey Slip and Fall Accident

You have the right to seek full and fair compensation when you’ve been hurt on someone else’s property because of a slip and fall in poor lighting conditions. We can help. Send us an email today or call us at 856-600-HURT to schedule an appointment to discuss your claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.

We take all premises liability claims on a contingency basis. We charge legal fees only if we recover compensation for your losses.

Filed Under: New Jersey Premises Liability Claims Tagged With:

The Importance of Immediate Medical Care After a Motor Vehicle Accident

May 30, 2025 by

The Potential Risks of Waiting to Get Treatment

The Importance of Immediate Medical Care After a Motor Vehicle AccidentWhen you’re able to walk away from a car, truck, or motorcycle accident, you can feel like you’ve dodged a bullet. As a consequence, you may believe that it’s unnecessary or unimportant to seek medical attention, unless you start to notice physical changes. It’s essential, though, even if you think you’ve come away unscathed, to seek medical care as soon as possible, whether in a hospital emergency room, an urgent care facility, or the offices of your primary care physician.

Some Injuries Take Time To Develop

Certain types of trauma—broken bones, cuts, and sprains, for example—are obvious. Often, though, some of the most debilitating injuries take time to appear:

  • In the aftermath of an accident, your body may produce adrenaline, which can mask the early discomfort associated with many types of injuries.
  • One of your body’s primary responses to injury or trauma is inflammation or swelling, but that can also take time to appear.

Why Waiting Can Jeopardize Your Legal Rights

When you’ve been hurt in a motor vehicle accident because of someone else’s negligence, you have the right to file a personal injury lawsuit to recover for your losses. To prove your case, though, you’ll have to show that the defendant’s actions caused your injuries. If you seek immediate medical attention after a crash, you’ll have documented evidence of the injuries you suffered, making it much easier to establish that the other driver caused those injuries. However, the longer you wait, the greater the risk that you’ll be involved in some other type of accident—a slip and fall at home, for example—and that could make it more difficult to establish that the crash caused your injuries.

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.

We handle all personal injury claims, including motor vehicle accident lawsuits, on a contingent fee basis. You will not incur any legal fees unless we recover monetary compensation for your losses.

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

Motorcycle Fatalities Spike in Recent Years

May 22, 2025 by

NHTSA Reports Highest Number of Deaths in Nearly 50 Years

Motorcycle Fatalities Spike in Recent YearsTraveling by motorcycle has always been more dangerous than riding in a passenger vehicle or a truck. There’s nothing between you and the road, and far too many motorists don’t pay sufficient attention to know that you’re there. Statistics compiled by the National Highway Traffic Safety Administration support this, with motorcycles accounting for less than 1% of all miles driven but approximately 15% of all fatalities. In 2022 and 2023, respectively, motorcycle accidents were tied to 6,218 and 6,335 deaths on America’s roadways.

Why Have Motorcycle Fatalities Increased Dramatically Over the Last Few Years?

Authorities point to a number of factors that account for the upward trend in motorcycle accident fatalities since the pandemic:

  • A rise in high-risk behaviors by bikers, including excessive speed, lane splitting, and passing when either prohibited or unwise
  • An increase in the influence of alcohol and/or drugs by motorcyclists
  • More bikers with less skill training

Common Causes of Motorcycle Fatalities

The reason most frequently given by the other driver after a motorcycle fatality is “I never saw the motorcycle.” Many factors may contribute to the road blindness of other motorists:

  • Distracted driving by other motorists who are paying attention to handheld devices, the radio, other passengers, or roadside attractions
  • Use of excessive speed by other motorists
  • Failure to yield to the right-of-way of motorcyclists, most often at intersections during left turns
  • Failure by motorcyclists to take steps to maximize visibility

Let Attorney David J. Karbasian Help You After a New Jersey Motorcycle Accident

You have the right to seek full and fair compensation when you’ve been hurt in a motorcycle wreck caused by the negligence of another person. We can help. Send us an email today, or call us at 856-600-HURT to schedule an appointment to discuss your claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.

We take all motorcycle accident injury claims on a contingency basis. We will charge legal fees only if we recover compensation for your losses.

Filed Under: New Jersey Motorcycle Injury Claims Tagged With:

Accidents Involving Truck Driver Log Violations

April 24, 2025 by

What Are the Requirements? How Do Log Book Violations Help in a Personal Injury Lawsuit?

Truck Driver Log ViolationsUnder state and federal laws, large commercial trucks, such as 18-wheelers, tractor-trailers, semis, and big rigs, can legally carry up to 80,000 pounds of cargo—that’s 40 tons! When such a vehicle breaks down, it can put a lot of other people in harm’s way. In addition, most commercial truck drivers are paid by the load, so there’s a built-in incentive to spend more time behind the wheel, leading to fatigue, slow reaction times, and bad judgment.

Recognizing these concerns, state and federal law requires truckers and trucking companies to keep both vehicle maintenance and time-on-the-road logs. Most truckers diligently comply, but some either fail to make all required entries or even falsify records.

What Time-on-the-Road Requirements Must a Truck Driver Log?

Commercial truck drivers must accurately log all time on duty and driving. Driving refers to time actually behind the wheel, whereas “on duty” includes driving time, non-driving tasks, and waiting for an assignment or waiting to be dispatched. A driver may be behind the wheel for no more than 11 consecutive hours after a 10-hour break. On-duty time is limited to 14 hours after a 10-hour break.

All drivers must take a minimum 30-minute break after eight consecutive hours behind the wheel. Drivers are limited to a maximum of 60 hours on duty during a seven-day period and 70 hours on duty during an eight-day period.

What Vehicle Maintenance Records Must a Driver Keep?

Drivers must enter pre- and post-trip inspection reports in a maintenance log and must submit a daily vehicle inspection report (DVIR) to the trucking company regarding the condition of the vehicle.

How Are Log Books Used in a Personal Injury Lawsuit?

The required log books can provide critical evidence after a commercial truck accident:

  • Log books can be used to show that a driver did not have adequate rest or time off, supporting a claim that driver fatigue was a cause of the accident.
  • Log books can be used to show that the company or driver failed to perform routine or required maintenance that contributed to or caused the accident.
  • Log books can be used by expert witnesses, including accident reconstruction specialists, to confirm both cause and liability.
  • Log books can be compared to other evidence, such as GPS data, fuel records, and toll receipts, to determine the likelihood of false reporting or violation of time-on-the-road regulations

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.

We handle all personal injury claims, including commercial truck accident lawsuits, on a contingent fee basis. You will not incur any legal fees unless we recover monetary compensation for your losses.

Filed Under: New Jersey Truck Accident Injury Claims Tagged With:

New Jersey Dog Bite Law—Knowing Your Rights

April 21, 2025 by

What Must You Show To Recover for Your Losses?

New Jersey Dog Bite LawYou’re minding your own business walking down the street when you’re attacked by a vicious dog. What are the New Jersey dog bite laws? What must you prove to get full and fair compensation for your losses?

New Jersey Dog Bite Law—The Basics

As in many other states, the dog bite statute in New Jersey is based on the legal principle of strict liability. In most personal injury lawsuits, the victim must prove that the defendant (person from whom damages are sought) acted negligently in order to recover compensation. Proving negligence requires evidence that the defendant failed to act as a reasonable person would have in the same circumstances. Under strict liability, though, there’s no requirement that the injured person establish that the defendant was negligent.

To recover after a dog bite in New Jersey, an injured person must show only that the defendant owned or controlled the dog who caused the injury, and that the person was bitten either on public property or while the victim was legally visiting private property. Under New Jersey law, it’s irrelevant whether the dog’s owner knew or had reason to know that the dog was vicious or had previously exhibited aggressive behavior.

It’s important to understand, though, that strict liability applies only when a person is bitten by a dog. If, for example, a person is knocked down, scratched, or mauled by a dog–but not bitten—any recovery for injuries must be pursued under a legal claim of negligence, rather than strict liability. Under such circumstances, the injured person must show the following:

  • The dog’s owner knew or should have known of the dog’s likelihood for aggressive behavior; and
  • The owner failed to take reasonable steps to protect others, such as confining the dog in a pen or putting it on a leash.

Let Attorney David J. Karbasian Help You After a Dog Bite or Animal Attack

You have the right to seek full and fair compensation when you’ve been hurt in an unprovoked attack by another person’s dog. We can help. Send us an email today, or call us at 856-600-HURT to schedule an appointment to discuss your claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.

We take all dog bite injury claims on a contingency basis. We will charge legal fees only if we recover compensation for your losses.

Filed Under: New Jersey Dog Bite Claims Tagged With:

Tips for Having a Safe Summer on Your Motorcycle

March 31, 2025 by

Things You Can Do To Minimize the Risk of an Accident

Tips for Having a Safe Summer on Your MotorcycleSpring is just around the corner, and it’s just about time to get your bike out of the garage for the first time. As a motorcyclist, you know there’s nothing like the freedom of the open road, with the wind in your face and your hand on the throttle. But you also know there are risks. Because there’s little protection between you, other motorists, and the road, there’s a greater likelihood of serious injury if you’re in a collision or have to lay down your bike. What are some of the things that you can do to improve your chances of having a safe summer on your motorcycle?

Strategies for Minimizing the Risk of a Motorcycle Accident This Summer

Though you can never completely protect yourself from an accident, there are things that can help reduce the risk of injury:

  • Be particular about when you ride—As a general rule, motorcycles are more difficult to see after dark. You’ll be safer if you limit your riding to daylight hours, when you’re more visible to other motorists. It’s also a good idea to stay off the roads in stormy weather.
  • Take steps to maximize your visibility—Wear bright-colored or reflective gear, so that you stand out on the road. Use hand signals to help other motorists see you and know where you’re going.
  • Abide by all traffic laws—Resist the urge to speed, roll through a stop sign, or split lanes.
  • Don’t get on your bike if you’ve been drinking or using other controlled substances.
  • Make certain your biking skills are solid—Take a motorcycle safety refresher course, if necessary, or hone your skills off-road or on lightly-traveled roads

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.

We handle all personal injury claims on a contingent fee basis. You will not incur any legal fees unless we recover monetary compensation for your losses.

Filed Under: New Jersey Motorcycle Accident Injury Claims Tagged With:

What To Look for When Hiring a New Jersey Motorcycle Accident Attorney

March 26, 2025 by

The Right Lawyer Can Make a Big Difference in the Outcome of Your Case

What to Look for When Hiring a Motorcycle Accident AttorneyYou’ve been hurt while riding on a motorcycle. If your injuries were caused by the carelessness of another motorist, you have the right to take legal action to pursue full and fair compensation for your losses. The right attorney can have a big effect on the outcome of your case. What should you look for when hiring a New Jersey motorcycle accident attorney?

The Important Skills, Knowledge, and Experience You Want in a Motorcycle Accident Lawyer

Motorcycle accidents can be very different from other types of motor vehicle accidents, particularly when you’re trying to recover monetary compensation for your losses:

  • The injuries suffered in a motorcycle accident are typically severe. You want a lawyer with experience handling serious and catastrophic loss. An experienced motorcycle accident attorney will understand your potential injuries, even those that might take some time to develop.
  • A knowledgeable motorcycle accident lawyer will be able to anticipate the types of defenses put forth at trial and take steps to counter them. For example, many motorists use the excuse that they “didn’t see you.” An experienced motorcycle accident attorney knows how to produce evidence that the other motorist negligently failed to look for you.
  • Defense attorneys often try to foster bias or prejudice against you because you’re a “biker.” A proven lawyer knows how to overcome such efforts with solid legal arguments.

Let Attorney David J. Karbasian Protect Your Rights After a Motorcycle Wreck

You have the right to seek full and fair compensation when you’ve suffered injury in any type of accident caused by another person’s wrongful act, including a motorcycle crash. We can help. Send us an email today, or call us at 856-600-HURT to schedule an appointment to discuss your claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.

We take all motorcycle accident injury claims on a contingency basis. We charge legal fees only if we recover compensation for your losses.

Filed Under: New Jersey Personal Injury Claims Tagged With:

What Do You Have to Prove to Recover Compensation in a Personal Injury Lawsuit?

March 24, 2025 by

What Is the Burden of Proof? What Must the Evidence Show for You to Recover Compensation?

What Do You Have to Prove to Recover Compensation in a Personal Injury LawsuitYou’ve been hurt because of the carelessness of another person. Maybe another motorist ran a red light or stop sign and collided with you. Maybe you slipped and fell on icy or snow-covered steps at a business or personal residence. When the wrongful act of another person causes you to suffer any type of injury or loss, you have the right to take legal action to recover for your losses. What do you have to prove to recover full and fair compensation in a personal injury lawsuit?

Potential Losses Related to a Personal Injury

After an accident, you have the right to seek damages for the following:

  • Wages and income lost because you couldn’t work
  • Any medical expenses related to the accident that are not covered by insurance
  • Any physical or emotional pain or suffering caused by the accident
  • Your inability to do things you could do before the accident
  • Your inability to have close family relationships because of your injuries
  • Any property damage or loss due to the accident

What Is the Burden of Proof in a Personal Injury Lawsuit in New Jersey?

In New Jersey, to successfully obtain a verdict in a personal injury claim, you must prove your case “by a preponderance of the evidence.” Unlike the criminal standard of “beyond a reasonable doubt,” this standard requires only that you demonstrate to the jury that your version of the facts is more believable than the defendant’s version.

What Must You Prove to Prevail in a Personal Injury Lawsuit in New Jersey?

Most personal injury claims in New Jersey are based on a legal theory of negligence. To successfully prove negligence, you must demonstrate to the jury that:

  • The defendant (person from whom you seek compensation) failed to act as a reasonable person would under the same circumstances;
  • The failure by the defendant to act reasonably caused an accident; and
  • You suffered actual losses as a result of the accident.

How Does the Jury Determine What Is “Reasonable” Conduct?

The law imposes a duty on everyone in society to act as a reasonable person would in all actions, whether driving a car, maintaining property, or designing and building a product. There is, however, no specific criteria for identifying when a person’s actions are considered “reasonable.” Instead, a jury must look at the evidence provided and determine whether the defendant acted in the same manner as w0uld an “ordinary person of average prudence, care and foresight.”

How Is Cause Established in a Personal Injury Claim?

To prove causation in a personal injury lawsuit, the injured party must show that the defendant’s carelessness was both the actual and proximate cause of the accident and the ensuing injuries. “Actual” cause is commonly defined as “but for” cause—the accident would not have occurred but for the carelessness of the defendant. Proximate cause, however, requires a bit more. To establish proximate cause, an injured person must show that the accident and the resulting injuries were reasonably foreseeable as a consequence of the carelessness.

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.

We handle all personal injury claims on a contingent-fee basis. You will not incur any legal fees unless we recover monetary compensation for your losses.

Filed Under: New Jersey Personal Injury Claims Tagged With:

The Most Important Things to Do After a Motor Vehicle Accident

March 12, 2025 by

Steps You Should Take to Protect Your Health and Your Legal Rights

The Most Important Things to Do after a Motor Vehicle AccidentWhen you’ve been involved in a car, truck, or motorcycle accident, your whole life can change in an instant. The things that you do in the immediate aftermath of a crash can make a significant difference in your physical, as well as your financial, recovery. What are the most important things to do after a motor vehicle accident to ensure that your health and your legal rights are protected?

The Potential Consequences of a Motor Vehicle Accident

When you’ve been involved in a collision because of someone else’s carelessness, you may not be able to work right away or for the foreseeable future. You may need extensive medical care, which may not be entirely covered by insurance. Your injuries may cause chronic pain and suffering to the extent that you have to give up activities that brought you joy or fulfillment before the accident. You may be unable to have close personal relationships because of the trauma you’ve suffered. But there are things you can do to maximize your physical recovery and protect your legal rights.

Get the Medical Care You Need

After any type of accident, your first priority should always be your health. Do a quick assessment and determine the nature and severity of your injuries. If you’ve suffered any type of bump or blow to the head or neck, stay right where you are, provided you can do so without further risk of injury. Wait until emergency responders arrive and defer to their expertise. They’ll know how to determine the scope of your injuries, and they can help ensure that you don’t do anything to exacerbate an injury. Be willing to travel to the hospital in an ambulance, if necessary.

Even if you are able to walk away from the crash, you want to get medical attention as soon as possible, either by taking yourself to a hospital emergency room or urgent care facility, or by scheduling an immediate appointment with your primary care provider. The sooner you seek medical care, the more options doctors will typically have. In addition, getting timely medical treatment will help your legal claims, as doctors can confirm that your injuries resulted from the accident.

When you seek medical attention, be certain to tell doctors about anything that seems unusual. Don’t focus only on obvious injuries, such as a broken bone. Often, injuries that take some time to develop are the ones that cause the most long-term challenges. Ask medical personnel to document everything in writing, so that you have a permanent record.

Gather Information, If Possible

If you can, try to get as much information as you can from the other driver and from potential witnesses, including names, phone numbers, email addresses, and other contact information. Be willing to ask the at-fault driver for the name of their insurance company. In addition, get your phone out and take pictures of everything that may be relevant to the crash, including the injuries you’ve suffered, the damage to all vehicles, weather conditions, skid marks, and any roadway issues that may have contributed to the accident.

Contact an Experienced Attorney

The sooner you contact an attorney, the sooner your rights will be fully protected. Your attorney can be your liaison with insurance companies, helping you get the benefits you need and deserve. Your attorney will also know what steps to take to ensure your rights are protected in court.

Contact the Law Offices of David J. Karbasian, PC

You have the right to seek full and fair compensation when you’ve been hurt in any type of motor vehicle accident caused by the carelessness of another person. We can help. Send us an email today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment to discuss your claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.

We take all personal injury claims on a contingency basis. We will charge legal fees only if we recover compensation for your losses.

Filed Under: New Jersey Personal Injury Claims Tagged With:

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