On this Thanksgiving Day, we take time to express our daily gratitude for the simple pleasures of life—good friends, family, people we hold dear. As we gather together, help us be grateful and let us share our bounty with our brothers and sisters.
Motor Vehicle Accidents in New Jersey
November 15, 2021 by
What Are Your Rights When an Accident is Caused by a Product Defect?
According to the National Highway Traffic Safety Administration (NHTSA), millions of motor vehicles are recalled every year because of product defects. While some of those problems are minor, others may pose serious risk of injury. What are your options when you have been hurt in an automobile accident caused by a dangerous or defective vehicle or part?
Product Liability and Motor Vehicle Accidents
There are a number of ways that you may recover compensation after a car accident involving a dangerous and defective vehicle or part. As a general rule, such personal injury claims are based on allegations of negligence. You must show that the party from whom you seek compensation had a duty to exercise reasonable care and failed to meet that standard, causing an accident that led you to suffer losses.
With a product liability claim, you can seek damages from anyone within the chain of distribution of a product, including the designer, manufacturer, distributor, wholesaler or retailer. The different legal theories that a product liability claim can be based on include:
- Negligent or careless design—This alleges that the designer failed to reasonably consider potential risk of injury. An example would be designing a motor vehicle with such a high center of gravity that it was unreasonably susceptible to rollovers.
- Negligent or defective manufacturing—This alleges that the manufacturer used substandard materials, careless assembled the product, or failed to properly oversee it’s construction, assembly or fabrication. An example would be tires made with substandard rubber.
- Negligent marketing—You may be able to recover damages if a party in the chain of distribution knew of a potential danger and failed to reasonably warn you or provide notice with the product.
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. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.
Motor Vehicle Accidents in New Jersey
October 19, 2021 by
How to Reduce the Risk of a Winter Weather Automobile Wreck
It’s November, and in New Jersey, that means that snow or ice may be in the forecast any time for the next 4-5 months. The winter weather can make driving treacherous, limiting visibility, as well as your ability to stop or negotiate a turn. There are, however, some simple strategies you can employ to minimize the risk that you’ll be hurt in a motor vehicle accident this winter.
Be Prepared for Winter Driving before You Get on the Road
Whether you’re headed to the grocery store or visiting family upstate for a few days, take the time before you pull out of the driveway to be as safe as you can be:
- Warm up the car before you leave, so that you won’t have condensation, frost or fog on the inside of the windows
- Take the time to clean all snow and ice off of your car, including the hood, windows, front and back lights, and roof of the vehicle
- Make certain your tires are properly inflated and have sufficient tread
- Make certain that all turn signals, headlights and brake lights function properly
Use Reasonable Caution When on the Road
Assume that you’ll need a little more time and distance to come to a complete stop, so pay close attention to posted speeds and stay below them. Reasonable caution does not necessarily mean driving at a crawl—that can pose a risk of collisions with other motorists as well.
Make certain that you allow enough room between your vehicle and the one in front of you. Under normal conditions, you should allow on car length for every 10 miles per hour at which you are traveling. In snowy or icy conditions, consider bumping that up to two car lengths, so that you have ample room to stop.
Try not to put yourself in situations where you slam on the brakes—feathering your brakes will give you greater control. Anticipate turns and make them more gradual, if possible, so that you don’t fishtail around a corner.
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. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.
Common Accidents in the Fall
October 1, 2021 by
Dangers to Watch for When the Leaves Start to Turn Color
It’s October—officially fall—when the temperature starts to drop and the world comes ablaze in color. Some of the unique attributes of autumn can lead to an increase in certain types of accidents.
Slips and Falls
As the trees start to shed, fallen leaves can pose a serious risk of injury, accumulating on sidewalks, steps, ramps, and other public thoroughfares. Often, they’ll accumulate for days or weeks, getting wet and slippery with every rain. A pile of leaves on a driveway or sidewalk can mask a potentially dangerous situation. If possible, when you’re walking in fall weather, avoid uneven piles of leaves. If you need to climb stairs that are covered with leaves, take the time to clear a clean path first.
The lower temperatures at night can also leave dew on steps or stairs in the early morning, making ascending or descending treacherous.
Motor Vehicle Accidents
The days can still be pretty warm, with the nights cooling off significantly. Those conditions are ideal for fog, particularly at dawn or dusk. If you have to drive in foggy or misty weather, make certain you turn your headlights on so others can see you better. Lower your speed and take time to look both ways at any intersection.
Unfortunately, the natural beauty that comes with the changing colors in the fall can also be a distraction, causing drivers to take their eyes off the road.
Furthermore, many forest creatures are more active in the fall, which is not only hunting season but also mating season. Studies show increased movement among deer populations between October and the end of December and, consequently, more deer-car accidents.
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. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.
Recovering Damages After a Car Accident
September 9, 2021 by
What If the Driver of Your Vehicle Was at Fault?
If you’re hurt in a car, truck, or motorcycle accident, there’s a tendency to look at the other vehicles involved in the wreck and determine whether they were careless or negligent. But what if you’re a passenger in a vehicle, and the driver of that vehicle causes the crash? Can you file a legal claim for compensation for your losses? What if the driver is a family member?
Can You Sue the Driver of the Vehicle in Which You Were Traveling?
Absolutely! When you suffer a personal injury caused by another person, you generally have a right to seek compensation for any associated costs. Most personal injury claims are based on a legal theory of negligence. Negligence requires you to prove that the other person:
- failed to act as a reasonable person would under the circumstances,
- thereby causing an accident
- that led you to suffer actual losses.
Accordingly, if you’re hurt in a motor vehicle collision that occurred because the driver of the car in which you were traveling was speeding, ran a red light, or was driving while distracted, you can generally include them as defendants in a lawsuit to reimburse you for your losses. In fact, as a general rule, you can sue both the driver of your car and any other driver who was potentially at fault.
What If the Driver of Your Car Was a Family Member?
Your right to sue can potentially change if the driver was a family member, based on the circumstances of your relationship and living arrangements. In New Jersey, auto insurance policies generally cover the policyholder and all resident relatives—any family members with whom they live. Accordingly, if you’re injured in an accident as a passenger in a car driven by someone with whom you live, you cannot sue that family member as you’re already covered by their policy. On the other hand, if you were riding with a relative with whom you don’t live, you can take legal action against them to get compensation for your losses.
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. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.
Who Is At Fault in a Left-Turn Accident?
August 26, 2021 by
Is the Driver Turning Left Always at Fault?
Under the rules of the road in New Jersey, drivers making a left turn must yield to oncoming vehicles. There are two exceptions: when the driver has a green left-turn arrow and when there are stop signs on both sides of the intersection and the driver turning has arrived at the intersection first. These rules suggest that in all other accidents where a driver was turning left, that driver caused the accident and should be liable.
While practically speaking that may be the result in an overwhelming number of such accidents, there is no hard and fast rule that makes the driver executing a left turn liable for causing the accident. Instead, the jury must look at all the facts to determine if there was any wrongdoing on the part of the driver traveling straight through the intersection.
Most personal injury claims are based on a legal theory of negligence, which requires that persons in society act reasonably at all times, whether driving a car, maintaining property, or manufacturing a product. The jury can look at the actions of both parties—if they were both acting unreasonably, they may both have some liability.
In some instances, a jury may even find that the driver traveling straight was solely responsible for the accident. Examples include exceeding the speed limit or running a red light. The jury may also determine that the driver traveling straight had a reasonable opportunity to avoid the accident but acted carelessly or negligently.
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. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.
Compensation for Loss of Enjoyment of Life After an Accident
August 18, 2021 by
What Is It? How Is It Calculated?
When you’re in an accident caused by someone else’s negligence, you have a right to seek financial compensation for your losses. Some losses are easily understood and fairly simple to calculate:
- Wages and other income, if you can’t work
- Medical expenses not covered by insurance
- Property damage
Among the less obvious forms of compensation you can pursue are damages for pain and suffering, loss of companionship or consortium, and loss of enjoyment of life. What types of injury or loss make up that last category? How does the law define “loss of enjoyment of life?” How will the court determine the dollar amount of such a loss?
What Is Loss of Enjoyment of Life?
In essence, the term means exactly what the words suggest—the inability to do those things that brought you enjoyment before the accident. Loss of enjoyment of life can cover many things:
- The inability to engage in the simple acts of daily life, such as walking, sitting, dressing yourself, or handling your own affairs—Being able to live a normal life is deemed to bring enjoyment, and the inability to do so can lead to a loss of enjoyment in your life.
- An inability to engage in activities that brought you enjoyment, including hobbies, sports, or other activities—If you were an avid and active golfer before the accident but can’t play now, you could make an argument for the loss of enjoyment that golfing brought to your life.
It’s important to understand that “loss” here does not mean total loss. If you can still do the things you used to do but it’s painful to do so, or you can’t perform at the level you could before the accident, you can still recover damages.
How Does the Court Calculate Damages for Loss of Enjoyment of Life?
Damages for loss of enjoyment of life are in the category of “non-economic” damages. They are not tied to a tangible expense or loss, such as a medical bill or lost income. Accordingly, juries don’t have numerical data to compute the exact loss. Instead, juries have some discretion and typically look at factors such as the age of the injured party or the severity of the injury when assessing these damages. An experienced personal injury attorney can help jurors understand the full magnitude of the loss of enjoyment of life.
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. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.
The Differences Between Motorcycle and Automobile Accident Claims
August 5, 2021 by
Why You Want a Lawyer Who Has Successfully Handled Motorcycle Claims
When you’re hurt while riding a motorcycle, whether as a passenger or driver, you may think that it’s just like any other motor vehicle accident, so you just need a good auto accident attorney. That’s not true, though. There are significant differences between bike accidents and other motor vehicle wrecks. Here are a few.
As a Motorcyclist, You Can Expect Bias From the Jury
When your lawyer selects a jury, you hope that he or she will eliminate anyone with an unfair perception of motorcyclists. Jurors tend to carry a few biases against bikers:
- There’s an unfair and unfounded societal perception that most bikers are rebels or outsiders, reckless or even lawless—you’ll need an attorney who has the experience to overcome that.
- There’s also the perception that riding a motorcycle is inherently dangerous, leading to less sympathy among jurors.
Most Jurors Won’t Understand the Challenges of Riding a Motorcycle
Virtually every adult drives a car, but less than one U.S. household in ten has a motorcycle parked in the driveway. For that reason, you can expect that a minority of the jurors have ever been on a bike and most won’t understand how the wrongful actions of another motorist could cause you to lose control of your bike. Most jurors also won’t understand that you need to maintain a certain speed to ensure stability and balance while operating a motorcycle—they may attribute that speed to carelessness or recklessness. You want an attorney who can clearly explain the details of safely operating a bike.
Serious Injuries Can Occur Even at Low Speeds
In virtually every motorcycle accident, you’re going to go down. Because you’re essentially unprotected–other than by a helmet, gloves, and other protective gear–the likelihood is that you’ll suffer serious injury, even if you’re traveling at a relatively slow speed. You want a lawyer who knows the potential injuries that can arise and how to work with experts to convey full and accurate information to the jury.
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. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.
Accidental or Wrongful Death in New Jersey
July 20, 2021 by
Who Qualifies to File a Wrongful Death Claim?
The accidental or wrongful death of anyone can have a devastating impact on a wide range of people—family, friends, associates, and co-workers, just to name a few. New Jersey law allows certain parties to seek financial compensation after the accidental or wrongful death of another person. What are the restrictions on who can file such a claim? Who qualifies to file a wrongful death lawsuit?
Only a “Real Party in Interest” Can Bring a Wrongful Death Action
Before determining who qualifies to file a wrongful death claim in New Jersey, it’s important to first distinguish between a wrongful death claim and a survival action. A survival action is filed on behalf of the estate of the decedent and must be brought by the personal representative of the estate. If the person died without a will, the court will appoint a personal representative.
A wrongful death lawsuit, on the other hand, is intended to compensate certain parties for losses suffered because of a wrongful or accidental death. In New Jersey, to qualify to file a wrongful death action, you must demonstrate to the court that you are a “real party in interest.” The New Jersey wrongful death statute lists all persons who can qualify as real parties in interest:
- The surviving spouse of the deceased
- A surviving child or grandchild of the person who died
- A surviving parent of the deceased
- Any surviving nieces, nephews, or siblings of the deceased
- Any other person who can demonstrate “actual (financial) dependence” on the decedent
The above-listed individuals are eligible to file in certain situations. If there is a surviving spouse or surviving children, they have an exclusive right to any wrongful death award. The parents of the person who died can recover compensation only if there is no surviving spouse and no surviving children. Nieces, nephews, and siblings may pursue damages only if no spouse, child, or parent of the deceased is still living.
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. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.
