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Injured on Commercial Property While Holiday Shopping?

November 18, 2024 by

Increased Risk During the Holiday | The Duties of Property Owners

Injured on Commercial Property While Holiday ShoppingStudies routinely show that premises liability accidents—slips and falls—go up during the holiday season, particularly at retail establishments. There are many reasons for this:

  • The holiday shopping season means bigger crowds almost everywhere you go, typically making it more challenging to get from one place to another.
  • People tend to be in a greater hurry during the holiday season.
  • An accumulation of snow and ice is more likely during the holidays, making foot travel precarious.

The Duties of Commercial Property Owners in New Jersey

In New Jersey, as in most states, the duties owed by the owner (or person in control) of premises will vary, based on the legal status of the person injured. As a general rule, property owners have a legal obligation to reasonably maintain property in a way that minimizes the risk of injury to visitors. Legal visitors are generally categorized as either licensees or invitees:

  • Invitees are persons with either an express or implied invitation to enter the property for business or commercial purpose. In situations involving commercial property, customers are considered to be invitees. Property owners in New Jersey owe the highest duty of care to invitees. The owner must either fix all potential dangers or reasonably warn invitees of any hazards. In addition, owners must reasonably inspect the premises to discover any potential dangers or defects.
  • Licensees are typically persons invited onto property for a social purpose. While an owner owes licensees the duty to fix or warn of dangers or hazards, there is no duty to inspect the premises for hazards. An owner can be liable only for injuries caused by hazards they actually knew about or reasonably should have known about.

Contact the Law Offices of David J. Karbasian, PC

You have the right to seek full and fair compensation if you’re hurt in a slip and fall on commercial property. 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.

Filed Under: New Jersey Premises Liability Claims Tagged With:

Suing a Friend After a Motor Vehicle Accident Injury

October 30, 2024 by

Why It’s the Right Thing to Do

Suing a Friend After a Motor Vehicle Accident Injury imgIt happens all the time. You’re traveling in a car or truck with a friend who runs a red light or fails to stop at a stop sign, causing an accident. You’re injured and can’t work or need extensive medical care. You need compensation for your losses, but it’s your friend who caused your injuries. You don’t want to risk losing the friendship, but you also need your losses to be covered. What do you do?

Are You Really Suing Your Friend?

Motor vehicle insurance is required for all drivers in the state of New Jersey. The purpose of insurance is to provide compensation for losses caused by the insured. Think of it this way… when you seek to recover damages from your friend, you’re not really asking them to personally pay for your losses. You’re asking their insurance company to honor its agreement to pay for losses caused by the policyholder. If you file a lawsuit, you’ll need to name your friend as the at-fault party, but the actual damage award or settlement will be paid by the insurance company.

Here’s another way to look at it. If it were someone you didn’t know, you wouldn’t think twice about pursuing compensation for your losses. Under the law, you are entitled to seek damages from anyone who wrongfully causes you injury. You shouldn’t forego a personal injury claim because you happen to know the person who caused the accident.

It’s also likely that your friend will want you to be able to recover compensation for all your losses. Ideally, you’ll be able to work out a settlement without going to trial, and you’ll both be relieved that the matter has been put behind you.

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:

Safety Tips for E-Bikers

October 23, 2024 by

Things You Can Do to Minimize the Risk of Injury

Safety Tips for E-BikersE-bikes are here to stay. In 2023 alone, more than a million Americans took to the streets on electric motorized bicycles, a nearly four-fold increase from just before the pandemic. And why not…it’s a great way to get outside and get back into shape. The motor on most e-bikes only works when you pedal, but you don’t have to work quite so hard to get to speeds of up to 28 mph.

But, like so-called “analog” bicycles, as well as motorcycles, e-bikes and their riders often go unnoticed by distracted or careless drivers. There are, however, things that you can do to reduce the risk of injury out on the roads:

  • Always wear a helmet — It’s not just the law in many states (including for anyone under 17 and all Class 3 riders in New Jersey), it’s a good idea. An approved helmet can reduce the impact if you’re thrown from the bike, and it’ll keep you from skinning your noggin.
  • Wear bright clothing — The flashier, the better, as it increases the likelihood that you’ll be seen. If you’re taking your e-bike to work, or somewhere you can’t wear neon bike clothing, get yourself a reflective vest.
  • Know the rules of the road — In New Jersey, an e-bike is treated the same as a motor vehicle and must follow the same rules. That means you must obey traffic signals, lights, and signs, including speed limits. You must also use turn signals and lights, if necessary.
  • Pay attention to routine maintenance — You should have your bike serviced on a regular basis, ensuring that all lights work properly, the brakes are functioning, and there are no other potential concerns.
  • Check your bike before you get on the road — Make certain your tires are properly inflated, and do a quick spin in the driveway to test the brakes. If anything is amiss, either fix it or find another way to get where you’re going.

Contact the Law Offices of David J. Karbasian, PC

You can do everything right, but you’ll still be at the mercy of other drivers. If you’ve been hurt on an e-bike because of someone else’s negligence, 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.

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

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

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