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Injured in New Jersey When Your Motorcycle Broke Down?

March 13, 2024 by

Can You Recover Damages for Defective Parts or Negligent Repair?

Injured in New Jersey When Your Motorcycle Broke Down?When you’re involved in a collision with another vehicle while riding your bike, you can bring a lawsuit against the other motorist, provided you can show that he or she acted carelessly or negligently, causing the accident and your injuries. But what are your rights when your motorcycle breaks down, causing you to lose control? There’s no other motorist to blame for your losses. What are your options?

Product Liability Claims for Defective or Dangerous Parts

If your bike broke down because of a poorly designed or manufactured component, such as the brakes, a tire or the steering mechanism, you may be able to file what is commonly referred to as a “product liability” claim. There are typically three types of product liability claims, ones based on:

  • Negligent design—Carelessness in the design of a product
  • Negligent manufacture—Lack of care in the fabrication, construction, assembly or manufacture of the bike or one of its component parts, including the use of substandard materials
  • Negligent marketing—Failure to warn of known dangers associated with a product

In a product liability claim, you may typically bring in any party in the chain of distribution, from the designer to the retailer.

Negligence Claims for Careless Maintenance or Repair

If the failure of a mechanic or garage to properly maintain or repair your motorcycle caused the accident, you can bring a lawsuit based on negligence. To succeed, you will need to show that the garage or mechanic failed to act as a reasonable person would, that the failure to do so caused the accident, and that you suffered actual losses as a result of the accident.

The Potential for Comparative Negligence

Under the comparative negligence principles in New Jersey, you may be partially responsible for your losses if it can be shown that you were partially at fault. For example, if you failed to maintain your bike, you could be held somewhat liable. With New Jersey’s modified comparative negligence, the defendant would need to show that you were more than 50% responsible to prevent you from recovering something for your losses.

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 Motorcycle Accident Injury Claims Tagged With:

Can a Parent Be Held Responsible for Injuries Caused by His or Her Child?

March 5, 2024 by

Is There Parental Liability in New Jersey for the Negligence of a Minor Child?

Can a Parent Be Held Responsible for Injuries Caused by His or Her ChildYour child now has a drivers’ license and occasional use of the family car. While out driving, he or she causes a motor vehicle accident, resulting in injuries to another person. Can your child be held legally responsible in a personal injury lawsuit? Can you be held liable for the negligence of your minor child?

Can a Minor Be Held Responsible for Personal Injury in New Jersey?

Under prevailing New Jersey law, certain minors have a duty to “act with the same amount of care as children of similar age, judgment and experience.” As a general rule, children under the age of 7 are presumed in New Jersey to be unable to engage in negligence. If, however, a jury determines that a minor had the ability to understand the consequences of his or her actions and had received proper training to minimize the risk of injury, the minor may be held liable for negligence. As a practical matter, though, a minor child will typically lack the resources to satisfy a personal injury judgment. Accordingly, the injured party will typically look to either the parents of the minor child or the parents’ insurance company.

Can the Parents’ Insurer Be Held Liable?

As a general rule, if the parent lists the minor child as a potential driver of the vehicle, the insurance company will be required to pay any claims related to accidents caused by the minor child.

Can a Parent Be Sued for the Negligence of a Minor Child in a Motor Vehicle Accident in New Jersey?

As a general rule, a parent will only be held liable for accidents caused by a minor child if it can be shown that the parent’s negligence caused or contributed to causing the accident. For example, if the parent allowed the child to drive the family car, knowing that child was an unskilled, inexperienced or poor driver, that may be sufficient basis to establish negligence or carelessness.

Contact the Law Offices of David J. Karbasian, PC

Send as 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 Personal Injury Claims Tagged With:

What Is Loss of Enjoyment of Life in a New Jersey Personal Injury Lawsuit?

February 24, 2024 by

What Losses Does It Cover? How Are Damages Calculated?

What Is Loss of Enjoyment of Life in a New Jersey Personal Injury Lawsuit?In the aftermath of any personal injury, you may find it difficult or impossible to do some or many of the things that you loved doing before the accident. You may find it challenging to complete many of the most basic tasks required in everyday life, such as personal grooming, playing sports, or engaging in a beloved hobby. You have a right to seek full and fair compensation for the changes that have come to your life because of the carelessness or negligence of another person. These types of damages are commonly referred to as “loss of enjoyment of life.”

How Does the Law Define “Loss of Enjoyment of Life”?

There are two specific ways that “loss of enjoyment of life” can be construed in New Jersey. Most commonly, the term refers to your loss of the ability to engage in or pursue those activities that previously brought you joy, pleasure or fulfillment. For example, you may have been a passionate club-level tennis player before a car accident, but find that you can’t play the game you love anymore because of pain or physical limitations resulting from a motor vehicle accident.

Loss of enjoyment of life can also describe the impact of your inability to engage in the ordinary acts of daily life. You may suffer some level of paralysis or some other permanent injury that makes it difficult for you to move about under your own power, requiring a wheelchair or other device. As a consequence, you may find it too difficult to simply go outside and enjoy some fresh air.

How Are Damages for Loss of Enjoyment of Life Calculated?

There are no objective measures by which these damages can be determined (like you would have with lost wages or unpaid medical bills). These are what are commonly referred to as “non-economic damages.” The jury will still ultimately decide how much you should receive for your losses, employing one of a variety of methods:

  • The multiplier approach—Under this method, the jury will calculate all economic damages (lost wages and unreimbursed medical expenses) and multiply that number by some factor, usually between 1 and 5. The factor used will commonly be based on the severity of your injuries, as well as the degree of culpability of the defendant.
  • The determination of a “reasonable” amount—The judge may instruct the jury to identify a “reasonable” amount of damages, based on the unique circumstances of the case

Contact the Law Offices of David J. Karbasian, PC

Send as 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 Personal Injury Claims Tagged With:

What Is Loss of Companionship or Consortium in New Jersey?

February 24, 2024 by

What Do These Damages Cover? How Are They Calculated?

What Is Loss of Companionship or Consortium in New Jersey?When you’ve suffered any type of personal injury, some of your losses will be easy to identify and calculate—lost wages and unreimbursed medical expenses are typically pretty clear cut. You have a right, though, to full and fair compensation of other types of loss, including damages of loss of consortium. How is loss of consortium defined in New Jersey and how are the losses associated with it calculated?

What Is Loss of Consortium in a Personal Injury Claim?

Loss of consortium is not, in and of itself, a definable physical injury. Instead, it is characterized by a loss of the ability to maintain common physical relations with a spouse because of an injury. For example, if a spouse suffers some level of paralysis as a consequence of a motor vehicle accident or slip and fall and is no longer able to engage in physical or sexual intimacy, that would be the basis for loss of consortium claim.

Is Loss of Consortium the Same Thing as “Loss of Companionship”?

Not exactly. The loss of companionship is a broader claim, which can include loss of comfort, camaraderie, emotional or psychological support or even household services. While a spouse may seek compensation for loss of companionship, other family members may as well. Loss of consortium refers very specifically to the loss of sexual intimacy. A claim for loss of consortium may only be filed by a spouse, though either spouse may claim loss of consortium in a personal injury lawsuit. For example, a surviving spouse may claim loss of consortium as part of a wrongful death action.

How Are Damages Calculated for Loss of Consortium?

Loss of consortium is considered to be a form of “non-economic” damages, which are typically subjective and difficult to determine with any precision. The jury will ultimately calculate the full amount of damages, usually by looking at the severity of the injury, the nature of the injured party’s marital sexual relationship before the accident, and the impact the injury will have on continued physical intimacy.

Contact the Law Offices of David J. Karbasian, PC

Send as an e-mail today or call as 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 Personal Injury Claims Tagged With:

Calculating Pain and Suffering in a Personal Injury Lawsuit

January 3, 2024 by

Who Determines the Amount of Your Recovery? How Are Damages Calculated?

Calculating Pain and Suffering in a Personal Injury LawsuitWhen you’ve been hurt in any type of an accident, as a result of someone else’s careless or negligent act, you have a right to seek full and fair compensation for all your losses. That typically includes what are commonly referred to as “economic losses,” such as lost wages, unreimbursed medical expenses, and damaged or destroyed personal property. These types of losses are, for the most part, easy to calculate, typically based on wage statements, repair estimates or medical bills. There are, however, other damages potentially available in a personal injury claim, losses that are significantly more uncertain and more difficult to calculate. Known as “non-economic” damages, these losses include pain and suffering, loss of companionship or consortium, and loss of enjoyment of life.

What Is Pain and Suffering?

Pain and suffering is a legal term used to describe any type of mental, emotional or physical discomfort experienced as a consequence of another person’s wrongful act. Pain and suffering includes any immediate trauma, soreness, aching, spasms, itching, twitching, throbbing or other physical manifestations of discomfort. It can also include fear, anxiety, stress, depression, anger and a host of other psychological, mental or emotional responses.

How Is Pain and Suffering Calculated in a Personal Injury Lawsuit?

While pain and suffering has tangible consequences, it is often difficult to treat with procedures or medications whose costs can easily be established. In addition, damages for pain and suffering also typically include compensation for the inability to engage in certain activities because of the pain. Accordingly, pain and suffering can rarely, if ever, be calculated by any tangible means. As a consequence, courts have taken a couple of different approaches to the calculation of compensation for pain and suffering:

  • The use of a multiplier—Many courts will ask the jury to first determine the economic, or tangible, losses and then apply a “multiplier” to calculate non-economic damages. For example, the jury may determine that the injured party had $500,000 in lost wages and another $500,000 in unpaid medical expenses. Using a factor of 1.5, the jury would multiply the total economic damage award ($1,000,000) by the factor and assess non-economic damages at $1,500,000.
  • The calculation of a “reasonable amount” for pain and suffering—Other courts instruct jurors to calculate a reasonable amount for non-economic damages, based on the severity of the injuries and the culpability of the defendant.

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 Personal Injury Claims Tagged With:

Motorcycle Safety in New Jersey Winters

January 3, 2024 by

Staying Safe While Staying on Your Bike in Snowy and Icy Weather

Motorcycle Safety in New Jersey WintersIt takes a hardy soul to travel by motorcycle in New Jersey in the winter. But that comes natural for most people who love to ride a motorcycle. You’re not about to let a cold wind keep you off the roads. You do, however, want to take some extra precautions to minimize the risk of injury when motoring on snow and/or ice.

  • Winterize your bike—Just a few minor modifications can greatly improve your safety. Make certain you have a good-sized windscreen, something that will keep the snow out of your eyes. Good hand guards can also keep the polar winds off your hands. The hoses on your bike can take a beating in cold weather, so check them before you head out. Always check your tires—the rubber can get really hard in cold temps, providing less traction. In addition, the cold weather will lead to a loss of tire pressure.
  • Wear the proper gear—Remember the rhyme—ears, nose, fingers, and toes. Those are the body parts most susceptible to cold (and potentially to frostbite). Make certain you have good gloves and boots, and that your helmet protects your nose and ears. Layering is the best way to stay warm, and make certain your gear is waterproof.
  • Give yourself more room—You’ll typically need more distance to come to a complete stop. In addition, when you’re turning a corner, don’t take it as tightly as you would at other times of the year.
  • Pay closer attention—Some of the hazards in the winter can be virtually invisible—take black ice, for example. It’s commonly caused when the exhaust from other vehicles freezes upon contact with cold pavement. It’s microscopically thin, but can take you down in an instant.
  • Stay home if conditions warrant—There are times when even the most intrepid soul should stay home. Heavy snow or freezing rain/sleet will almost always be dangerous when you’re on a motorcycle.

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 motor vehicle 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 Personal Injury Claims Tagged With:

What Types of Evidence Are Commonly Used in Motor Vehicle Accident Lawsuits?

December 6, 2023 by

How Is Fault Typically Established in a Car Accident Claim?

What Types of Evidence Are Commonly Used in Motor Vehicle Accident Lawsuits?When you’ve been injured in a motor vehicle accident, you have a right to seek full and fair compensation for all your losses. To successfully recover damages, you must introduce evidence to convince the jury that the defendant’s carelessness or negligence caused your injury. What are the common types of evidence used to prove such an allegation?

The Different Types of Evidence in Auto Accident Cases

There are generally four important types of evidence commonly introduced in a motor vehicle accident lawsuit:

  • Evidence gathered at the scene and time of the accident, primarily related to the cause of the accident
  • Evidence gathered at the scene, but after the accident,
  • Evidence of physical injuries sustained, typically gathered in the days, weeks, months and even years following the accident
  • Evidence of any other losses, from property damage to loss of enjoyment of life or loss of companionship or consortium

The Types of Evidence Obtained at the Scene of the Accident

The evidence collected at the scene and in the immediate aftermath of the crash can include such basic things as name and contact information for all parties to the accident, as well as any eyewitnesses. You can also get pictures of your injuries, damage to vehicles, weather conditions or roadway defects.

Evidence can still be gathered after the accident is cleaned up, though. Experts may come in and measure skid marks as a part of accident reconstruction. Roadway defects, such as broken signs or negligent roadway design, can also be determined after the accident.

Evidence about Your Physical Injuries

Most evidence related to your physical injuries will come from medical professionals. You will likely introduce evidence from your doctors, but the defendant may also ask that you submit to a physical examination. Medical experts may be called upon to testify regarding the long-term prospects for care and recovery.

Evidence about Other Types of Losses

Property damage is typically established through pictures, repair bills or costs of replacement of lost items. Loss of enjoyment of life or loss of companionship/consortium may come through your own personal testimony or from the testimony of others.

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 Accidents Tagged With:

Do You Have to Report a Car Accident in New Jersey?

December 6, 2023 by

Can You Still Get Compensation If You Don’t Report the Accident?

Do You Have to Report a Car Accident in New Jersey?It used to be a given…when you were in a motor vehicle accident, the first thing you did was call the police, who would come and file a report. That doesn’t happen as much anymore. Drivers may not want to spend the time it takes to wait of law enforcement officers to arrive, so they’ll exchange contact information and notify their own insurance companies. Are you required to report a car, truck or motorcycle accident in New Jersey? If so, when?

The New Jersey Laws Regarding Reporting Car Accidents

New Jersey law does not mandate that every motor vehicle accident be reported. Instead, there are specific instances where notifying law enforcement agencies is required:

  • Where the accident causes the death of any person
  • Where the accident causes injury to a driver, passenger or pedestrian
  • Where the property damage caused by the accident exceeds $500

Under the law, when you are required to notify the police, you must do so by the “quickest means available.” The accident must be reported to one of the following agencies:

  • The New Jersey State Police
  • The nearest county law enforcement offices
  • The appropriate municipal police department

What Happens If You Fail to Report the Accident?

There are criminal sanctions for wrongfully failing to report an accident, including fines (generally not exceeding $100) and potential suspension or revocation of driving privileges or vehicle registration.

Failing to report the accident will not, however, prevent you from seeking compensation in a personal injury claim arising out of the accident. While a police report may be persuasive evidence in a personal injury lawsuit, it is not required. Liability can be established by eyewitness testimony or by other evidence.

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 motor vehicle 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 Personal Injury Claims Tagged With:

An Auto Owner’s Duties in Winter Weather in New Jersey

November 1, 2023 by

What Must a Vehicle Owner Do to Avoid Liability for Negligence?

An Auto Owner’s Duties in Winter Weather in New JerseyIt’s November and that means that, any day now, there could be snow on the ground in New Jersey…and on the windshields and hoods of cars. The roads will be more treacherous, with accumulations of snow and ice making it more difficult to stop and turn. What are the responsibilities of motor vehicle owners in New Jersey’s winter weather? When can a driver be liable for injuries caused in an accident?

The Standard of Care in New Jersey’s Winter Weather

It’s important to understand that, while the standard of care doesn’t actually change during the winter, the exercise of the standard of care does. At any time and in any weather, a driver must act as a reasonable person would “under the circumstances.” Because the circumstances change in New Jersey when it snows…roads become slippery, vision may be impaired by falling snow, or windshields by accumulate condensation or ice…a driver has to respond differently than during the rest of year. That typically means reducing speed, increasing distance between your vehicle and the one in front of you, and paying closer attention when turning or changing lanes.

There are no specific rules in New Jersey governing the conduct of drivers in snowy or icy winter weather. Instead, a jury will typically look at the evidence and make a determination whether the actions of a driver were reasonable.

Must a Driver Keep His or Her Car Free of Snow and Ice?

When determining whether a defendant caused an accident, a jury may consider the failure to remove snow or ice from a windshield or hood as evidence of negligence. However, the State of New Jersey has also enacted a written law requiring that all motorists take the time to remove snow and ice from the hood, roof and windows of a car, both before getting behind the wheel and while driving, if the accumulation interferes with the driver’s vision of the road. Violation of this law can result in fines of anywhere from $25 to $1,000.

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 Accidents Tagged With:

What Is Negligent Infliction of Emotional Distress in New Jersey?

November 1, 2023 by

Can You Recover Compensation for Fear, Stress, Anxiety or Anguish Caused by an Accident?

What Is Negligent Infliction of Emotional Distress in New JerseyIf you have been involved in any type of accident, you know that the injuries are often more than physical. You may have witnessed horrific injury to others, including those you love. You may have scars or disfigurement that carry significant emotional pain. You may relive the accident and have fears of getting in a motor vehicle or passing by a neighbor’s dog. Can you recover compensation in New Jersey for your emotional trauma, particularly when it was a result of someone else’s careless or negligent act?

What Is Emotional Distress in New Jersey?

In New Jersey, any mental suffering that arises as a consequence of an accident may be considered “emotional distress.” Such a response may be characterized by a wide range of behaviors, including fear, anger, nervousness and anxiety. It’s typically not the same thing as depression, though depression can be a symptom of emotional distress.

What Makes the Infliction of Emotional Distress Negligent?

In New Jersey, infliction of emotional distress may be intentional or it may be negligent. To establish negligent infliction of emotional distress, an injured person must show that:

  • The defendant (person from whom compensation is sought) had a duty not to engage in behavior that posed an unreasonable risk of emotional harm to another person (you, in this case)
  • The defendant failed to meet that standard, doing things that a reasonable person would expect to cause severe emotional distress
  • Because of the defendant’s failure to act reasonably, you suffered emotional distress

In New Jersey, a person may recover for negligent infliction of emotional distress either as the victim or as a bystander who witnessed events that led to emotional distress. To be eligible for compensation as a bystander, you must prove that:

  • The defendant acted negligently, causing serious injury or death to another person
  • The victim was either your spouse or a close family member
  • You personally witnessed the serious bodily injury or death of the spouse or close family member
  • Witnessing the event has caused you severe emotional distress

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 Personal Injury Claims Tagged With:

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