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Legal Remedies for Injuries Caused by Automotive Defects

December 30, 2025 by

Legal Remedies for Automotive Defect InjuriesModern vehicles are built with thousands of components, and when even one fails, the results can be catastrophic. Crashes caused by automotive defects often leave victims with serious injuries and unanswered questions about who is responsible.

Unlike a standard collision, where fault usually lies with another driver, these cases focus on the manufacturer, the part itself, and the safety of the vehicle. Knowing your rights helps you protect yourself and your claim.

What Qualifies as an Automotive Defect

A vehicle defect is any type of flaw that makes the car unreasonably dangerous when used as intended or in a foreseeable way. This is different from normal wear-and-tear or damage caused by a crash. In such cases, New Jersey applies the legal principle of strict liability, which means that an injured person doesn’t have to prove negligence but only that the defect existed and caused the injury.

At the Law Offices of David J. Karbasian, we bring extensive experience to individuals hurt in any type of motor vehicle accident, including one caused by a dangerous or defective automotive part or product. To schedule a free initial consultation, contact us by email or call our offices at 856-600-HURT / 856-667-4666.

The Three Common Types of Vehicle Defects

Automotive defects generally fall into three categories, each involving different kinds of evidence and potential defendants:

  • Design Defects

Designers may not use reasonable care when visualizing a new vehicle, or they may fail to take potential risks into consideration when creating the design. Under those circumstances, even if every part is assembled correctly, the design itself creates unreasonable danger. Examples include SUVs with a high rollover risk, vehicles built with unprotected fuel tanks, or seats that collapse backward in rear-end collisions.

  • Manufacturing Defects

Manufacturing defect cases involve a lack of reasonable care at some stage of the manufacture or assembly of the vehicle. A batch of airbags may deploy explosively; brakes may be assembled with weak materials; or steering components may crack under normal use. Such defects often affect only certain lots or model years.

  • Failure to Warn

Manufacturers must provide reasonable warnings and instructions to potential users when foreseeable risks exist. If the manual omits tire-pressure requirements or fails to warn about overheating risks, the company may be liable when those hazards cause an accident.

Injuries Often Linked to Automotive Defects

As with injuries caused by driver error, injuries stemming from mechanical failure can often be severe. Common examples include:

  • Traumatic brain injury (TBI)
  • Spinal cord trauma
  • Burns caused by fuel system failures
  • Crush injuries from roof collapse
  • Airbag deployment injuries
  • Accidental or wrongful death \

Who Can Be Held Liable for Automotive Defects

Responsibility for a defect doesn’t fall on just one company. Under product liability principles, any party within the chain of distribution may have liability for injuries caused by the product:

  • The vehicle designer
  • The vehicle manufacturer
  • Component manufacturers, such as those making airbags, brakes, or tires
  • Dealerships, when they fail to disclose known defects or perform required updates
  • Repair shops, if improper work contributes to the failure

Legal Remedies Available to Injured Victims

A successful claim can recover compensation for:

  • Medical bills and future treatment costs
  • Lost wages and diminished earning capacity
  • Pain and suffering
  • Loss of companionship or consortium
  • Loss of enjoyment of life
  • Long-term disability or scarring
  • Property damage, including the vehicle

How an Experienced Product Liability Lawyer Can Help

Automotive defect cases require a technical approach. A lawyer familiar with these types of claims:

  • Works with engineers and crash-reconstruction experts to identify the defect
  • Preserves the vehicle and all evidence before it’s altered or destroyed
  • Reviews recalls, service bulletins, and manufacturer records for patterns of failure
  • Identifies all liable parties in the chain of distribution
  • Secures expert testimony to explain complex mechanical issues
  • Handles all communication with insurers and corporate defense teams
  • Calculates full damages, including long-term medical care and lost earning capacity
  • Prepares the case for trial when manufacturers refuse fair compensation

Read Also: Defects that Pose Risks to Motorcyclists

Contact the Law Offices of David J. Karbasian, PC

If you’ve been injured in an automotive defect incident, you deserve answers, support, and strong legal representation. At the Law Offices of David J. Karbasian, PC, we offer free consultations and never charge a legal fee unless we recover compensation for you. We’re available evenings and weekends, and we can meet you at home or in the hospital if needed.

Call 856-600-HURT or contact us online to discuss your case. We’ll handle the legal process while you focus on recovery.

Filed Under: Wrongful Death Tagged With:

Consumer Safety and Product Liability Rights

December 17, 2025 by

Consumer Safety and Product Liability RightsDangerous products make their way into homes every year—appliances that overheat, toys that break too easily, and tools that lack basic safety features. When a product fails in a way that injures someone, the law provides real protections for consumers.

Understanding those rights can make a major difference in how quickly you recover and whether you receive the compensation to which you are entitled.

What Product Liability Means Under New Jersey Law

Product liability refers to the legal responsibility that manufacturers, distributors, and retailers have when a defective product harms a consumer. New Jersey, like many states, recognizes the legal principle of strict liability in cases involving dangerous and defective products. In some circumstances, a person injured because of exposure to, or the malfunction of, a consumer product doesn’t have to prove the company was careless—only that the product was defective and caused the injury.

A few key terms help make the concept clearer:

  • Defective product: A product that is unreasonably dangerous when used as intended or in a reasonably foreseeable way
  • Chain of distribution: Everyone involved in getting the product to market—from the manufacturer to the retail store
  • Strict liability: A legal standard that eliminates the requirement of proving negligence

The Three Types of Product Defects

All defective product cases fall into one of three categories, and knowing which one applies helps determine who is liable and what evidence matters most.

Design Defects

These cases involve carelessness or lack of reasonable care in the design of the product. Accordingly, even if the product is built correctly, the design itself creates an unreasonable danger. Common examples include a space heater without an automatic shutoff or a power tool without a guard.

Manufacturing Defects

Here, the design is sound, but the manufacturer fails to use reasonable care at some stage of production, manufacture, assembly, or fabrication. It might be a bicycle with a cracked frame due to weak metal or a batch of medical devices contaminated during assembly.

Failure to Warn (Also Referred to as a Marketing Defect)

A product must include reasonable instructions or warnings that make users aware of known or foreseeable risks. If a chemical cleaner causes burns, but the label omits that risk, the manufacturer may be liable.

What an Injured Consumer Must Prove

Product liability cases in New Jersey apply the principle of strict liability, which eliminates the need to prove negligence. To bring a successful claim in New Jersey, an injured consumer must show:

  • The product contained a defect;
  • The defect directly caused the injury; and
  • The product was being used in a reasonably foreseeable manner.

Even though claimants don’t need to prove negligence, evidence still matters—photos, medical records, and the product itself can make or break a claim.

Common Product Liability Cases

Some items end up in litigation more often because they’re used daily or involve complex systems. Common examples include:

  • Household appliances
  • Children’s toys and baby gear
  • Power tools and lawn equipment
  • Motor vehicle parts
  • Medical devices and prescription drugs
  • Electronics powered by lithium-ion batteries

Compensation in a Product Liability Claim

When a dangerous or defective product causes injuries, damages can include compensation for:

  • Medical bills and future treatment
  • Lost income
  • Pain and suffering
  • Permanent disability or scarring
  • Property damage

The value of a claim depends on the severity of the injury and how the defect occurred, and these factors vary from case to case.

Why Legal Representation Matters

Product cases often involve multiple companies, insurance carriers, and technical experts. A product liability lawyer who handles these matters regularly can identify the defect, work with engineers to understand it, secure expert testimony, and build the evidence needed to pursue compensation. This support levels the playing field when facing large manufacturers or national retailers.

Read Also: The Different Types of Product Liability Claims

Contact the Law Offices of David J. Karbasian, PC

If you’ve been injured by a defective or unsafe product, you deserve answers, support, and strong legal representation. At the Law Offices of David J. Karbasian, PC, we offer free consultations and never charge a legal fee unless we recover compensation for you. We’re available evenings and weekends, and we can meet you at home or in the hospital if needed.

Call 856-600-HURT or contact us online to discuss your case. We’ll handle the legal process while you focus on recovery.

Filed Under: Product Liability Claims Tagged With:

How To File a Motorcycle Accident Claim in NJ

November 25, 2025 by

How To File a Motorcycle Accident Claim in NJA motorcycle crash can leave you facing painful injuries, medical bills, and questions about who will pay for your losses. Unlike car accident claims, New Jersey motorcycle accident claims follow different rules.

Motorcycle accidents are not covered under the state’s no-fault (PIP) system, meaning you must take specific legal steps to recover compensation. Understanding how to file a claim—and doing it correctly—can make the difference between a fair recovery and financial hardship.

Steps for Filing a Motorcycle Accident Claim in NJ

Step 1: Report the Crash and Gather Essential Evidence

Start by reporting the crash immediately. Under N.J.S.A. 39:4-130, any accident involving injury, death, or more than $500 in property damage must be reported to law enforcement. Always request a police report, which provides key facts such as the date, time, driver identities, and officer observations.

Next, collect and preserve evidence. Take clear photos of the crash scene, damage to your motorcycle, and visible injuries. Get witness names and contact information. Keep your helmet, torn clothing, or damaged riding gear.

Step 2: Notify Your Insurance Company

After the crash, notify your insurance company as soon as possible. Even though another driver may be at fault, your insurer needs documentation for potential uninsured/underinsured motorist coverage (UM/UIM).

Unlike car drivers, motorcyclists in New Jersey are excluded from the no-fault Personal Injury Protection (PIP) system, which normally covers medical bills regardless of fault. This means injured riders must file a third-party claim against the at-fault driver’s insurance—or use their own UM/UIM coverage if the driver is uninsured or underinsured.

Avoid giving recorded statements or signing documents before consulting an attorney. Insurance adjusters often look for ways to limit or deny payouts.

Step 3: File a Third-Party Claim Against the At-Fault Driver

A third-party claim is a demand for compensation filed with the at-fault driver’s insurance company. Your claim should include:

  • The police report
  • Medical records and bills
  • Photos of the crash and injuries
  • Witness statements
  • Proof of lost wages or employment impact

In this step, the insurer investigates liability—the legal responsibility for causing the crash. Liability often depends on showing that the other driver acted negligently.

Step 4: Negotiate, or File a Lawsuit if the Claim Is Denied

Once your claim is submitted, the insurer may respond with a settlement offer. However, initial offers are often too low to cover full medical and long-term losses. A motorcycle accident attorney negotiates on your behalf to secure fair compensation.

If the insurer denies your claim or refuses to settle fairly, your lawyer can file a personal injury lawsuit in New Jersey Superior Court.

A critical deadline applies here: under N.J.S.A. 2A:14-2, you generally have two years from the accident date to file a lawsuit. This is known as the statute of limitations—the legal time limit for taking action. Missing this deadline means losing your right to sue, regardless of the claim’s merits.

Step 5: Work With an Experienced Motorcycle Accident Lawyer

An experienced motorcycle accident lawyer in NJ handles every step of the process—investigating the crash, calculating damages, dealing with insurers, and representing you in court if needed.

Motorcycle claims often face bias; insurers may wrongly assume the rider was speeding or reckless. A skilled attorney presents objective evidence, such as skid analysis or witness testimony, to counter these assumptions.

Your lawyer also ensures that your claim covers both economic damages (medical bills, repairs, lost income) and non-economic damages (pain, suffering, and reduced quality of life).

Read Also: Liability for No-Contact Motorcycle Accidents

Contact the Law Offices of David J. Karbasian, PC

If you’ve been injured in a motorcycle accident, you deserve answers, support, and strong legal representation. At the Law Offices of David J. Karbasian, PC, we offer free consultations and never charge a legal fee unless we recover compensation for you. We’re available evenings and weekends, and we can meet you at home or in the hospital if needed.

Call 856-600-HURT / 856-667-4666 or contact us online to discuss your case. We’ll handle the legal process while you focus on recovery.

Filed Under: Motorcycle Accidents Tagged With:

Steps To Take After a NJ Car Accident Claim

November 6, 2025 by

Steps to Take After a Car Accident in NJ | Legal GuideA car accident can turn your life upside down in seconds. Between injuries, insurance paperwork, and medical bills, knowing what to do next can feel overwhelming. Taking the right steps immediately after a crash not only protects your health but also strengthens your legal claim.

Unlike most other states, New Jersey follows a no-fault approach to insurance coverage for car accidents, so it’s crucial to understand your responsibilities—and your rights—before speaking with insurers or signing anything.

Step 1: Ensure Safety and Report the Accident

Your safety and the safety of others come first. If possible, move vehicles to a safe location and call 911 right away. Even if the collision seems minor, always wait for the police. Under New Jersey law (N.J.S.A. 39:4-130), you must report any crash that causes injury, death, or property damage over $500.

Ask for a copy of the police report—this official document includes critical details such as the date, time, driver information, and officer observations. Insurance companies and courts often rely on it when determining fault or liability.

Step 2: Gather Evidence at the Scene

Evidence collected at the accident scene can make or break a claim. Use your phone to photograph:

  • Vehicle damage from multiple angles
  • Skid marks, debris, and road conditions
  • Injuries to yourself or passengers
  • Traffic signals, signs, or surveillance cameras nearby

Exchange names, contact information, insurance details, and driver’s license numbers with all parties. If there are witnesses, politely ask for their names and phone numbers.

Example: If another driver ran a red light, witness statements and photos of the intersection could prove your version of events when insurers dispute liability.

Step 3: Notify Your Insurance Company

Under New Jersey’s no-fault insurance system, your own insurance—through Personal Injury Protection (PIP)—pays for your medical expenses and some lost wages, regardless of who caused the crash. This system is designed to provide fast access to medical care without waiting for fault to be determined.

However, be cautious when speaking with adjusters. Avoid recorded statements or accepting early settlements without legal advice. Insurance companies often aim to minimize payouts, and even a casual statement can be used against you later.

Step 4: Seek Medical Treatment and Track Your Recovery

Some injuries, such as concussions or whiplash, don’t appear immediately. Always seek a full medical evaluation within 24 hours of the accident. Follow your doctor’s recommendations and attend all follow-up appointments.

Keep detailed records of the following:

  • Medical bills and prescriptions
  • Doctor’s notes and diagnoses
  • Missed workdays and income losses

For example, if neck pain develops two days later, those medical records will link your injury directly to the crash—key evidence in both insurance and legal claims.

Step 5: Consult an Experienced Car Accident Lawyer

Navigating insurance claims and injury law can be complex. A skilled car accident lawyer in NJ can handle negotiations, gather evidence, and calculate full compensation for medical expenses, property damage, lost income, and pain and suffering.

A lawyer also ensures compliance with filing deadlines. In New Jersey, the statute of limitations for most car accident claims is two years from the date of injury. Missing this deadline can permanently bar your right to recover damages. Early legal representation helps preserve evidence and strengthens your case.

Read Also: Injured in a Car Accident? How a Lawyer can Help

Contact the Law Offices of David J. Karbasian, PC

If you’ve been injured in a car accident, you deserve answers, support, and strong legal representation. At the Law Offices of David J. Karbasian, PC, we offer free consultations and never charge a legal fee unless we recover compensation for you. We’re available evenings and weekends, and we can meet you at home or in the hospital if needed.

Call 856-420-6688 / 856-600-HURT or contact us online to discuss your case. We’ll take care of the legal process while you concentrate on your recovery.

Filed Under: Car Accident Tagged With:

Premises Liability: Legal Duties of Property Owners

October 13, 2025 by

Premises Liability: Legal Duties of Property OwnersWhen someone is injured on another person’s property, the law of premises liability determines whether the property owner may be held responsible.

In New Jersey, as in other states, property owners and persons in control of property have a legal duty to maintain their premises in a reasonably safe condition. When they fail to meet that obligation, and a visitor suffers harm, the injured party may have the right to pursue compensation.

What Is Premises Liability?

Premises liability is a form of negligence law that applies when unsafe property conditions cause injury to visitors.

The principle is straightforward: individuals and businesses that invite others onto their property must take reasonable measures to prevent foreseeable harm. This responsibility extends to private homeowners, landlords, commercial establishments, and even public entities in certain circumstances.

Although the general duty to maintain safe premises exists across the United States, the exact rules vary by state, including how courts classify visitors and what evidence is required to prove negligence.

Legal Duties of Property Owners

Under New Jersey law, the duty of care owed by a property owner depends largely on the visitor’s status:

  • Invitees: This type of visitor includes business customers, tenants, repairmen, food delivery workers, and others entering the property for the owner’s benefit. Owners owe the highest duty of care to invitees, including an obligation to actively inspect the premises for dangerous conditions and to correct or warn visitors of hazards.
  • Licensees: Social guests or others who enter for their own purposes but with permission are considered licensees. Owners must warn licensees of any known dangers that are not obvious.
  • Trespassers: Generally, no duty is owed to trespassers, except not to intentionally or recklessly cause harm. However, the “attractive nuisance” doctrine may impose liability if a child comes onto property and is injured in an unfenced pool or abandoned structure or playing on a trampoline.

Common Hazards That Lead to Liability

Premises liability claims often arise from dangerous conditions that could be corrected with reasonable care, including:

  • Slip and fall accidents on wet floors, icy sidewalks, or debris
  • Inadequate security leading to assaults in parking lots or apartment complexes
  • Structural defects such as broken stairs, loose railings, or collapsing ceilings
  • Dangerous or defective flooring, including torn carpet or linoleum or broken tile or hardwood
  • Poor maintenance of rental units or retail stores that creates fire hazards or unsafe walkways

Proving Premises Liability

To prevail in a premises liability claim, an injured plaintiff generally must establish:

  • A dangerous condition existed on the property.
  • The property owner knew, or reasonably should have known, about the condition.
  • The owner failed to take appropriate steps to repair the hazard or warn visitors.
  • The dangerous condition directly caused the injury.

Evidence such as photographs, witness testimony, incident reports, and medical records is often pivotal.

Compensation in Premises Liability Claims

Compensation is designed not only to cover immediate losses but also to address the long-term consequences of injury. Victims of unsafe property conditions may recover compensation for:

  • Medical expenses and future care needs
  • Lost income and diminished earning capacity
  • Pain, suffering, and emotional distress
  • Loss of enjoyment of life
  • Loss of companionship or consortium

Why Legal Representation Matters

Premises liability law is complex, and each case depends on facts, evidence, and jurisdiction. Property owners and their insurers frequently deny responsibility or attempt to shift blame to the injured party.

An experienced personal injury attorney can investigate the circumstances, preserve critical evidence, and advocate for fair compensation.

Read Also: New Jersey Premises Liability Claims

Contact the Law Offices of David J. Karbasian, PC

If you’ve been injured due to unsafe property conditions, you deserve answers, support, and strong legal representation. At the Law Offices of David J. Karbasian, PC, we offer free consultations and never charge a legal fee unless we recover compensation for you. We’re available evenings and weekends, and we can meet you at home or in the hospital, if needed.

Call 856-420-6688 / 856-600-HURT or contact us online to discuss your case. We’ll handle the legal process while you focus on your recovery.

Filed Under: New Jersey Premises Liability Claims Tagged With:

Injured in a Car Accident? How a Lawyer Can Help

August 27, 2025 by

Injured in a Car Accident? How a Lawyer Can HelpCar accidents happen fast, but the aftermath drags on. You’re in pain, missing work, and fielding calls from insurance adjusters who don’t have your best interests in mind. That’s where a personal injury lawyer comes in

If you have been hurt in a car accident, this guide walks you through exactly how legal help can protect your rights, ease the stress, and put you in the best position to recover full and fair compensation for all your losses

What To Do Immediately After the Crash

  • Call 911 and report the accident. Get medical help, even if the injury feels minor.
  • Document everything. Take photos of both vehicles, license plates, road conditions, visible injuries, and property damage.
  • Collect information. Get names, contact information, and insurance details from all drivers. Ask witnesses for contact information, too.
  • Do not admit fault. Be polite, but stick to facts when speaking with police.
  • Notify your insurance carrier. File a basic report, but avoid giving detailed statements before you speak to a lawyer.

How Insurance Companies Operate

Insurance companies are not on your side. Their job is to limit what they pay, not to ensure that you’re fully compensated. After a crash, they may offer a quick settlement, hoping you’ll take less than your claim is worth.

When you hire a car accident lawyer, you’ll have an experienced professional who can take over all communication, protect your rights, and help you pursue maximum compensation for your injury claim.

The Role of a Personal Injury Attorney

A qualified personal injury attorney does far more than send letters or talk to insurance adjusters. They begin by investigating the crash—reviewing police reports, medical records, and liability issues to establish fault. When necessary, they consult with expert witnesses (accident reconstructionists or medical professionals) to support your case.

Your attorney works with those experts to calculate the full value of your damages, including current and projected medical expenses, lost wages and income, loss of companionship or consortium, loss of enjoyment of life, and physical and emotional pain and suffering. They handle every aspect of the legal process, preparing all necessary documents, filing all required pleadings and acting as your voice in all hearings, meetings or proceedings.

Why Time Matters: The Statute of Limitations

New Jersey law gives you a two-year window from the date of your car accident to file a personal injury claim. A lawyer ensures all claims are filed on time, evidence is preserved early, and no procedural mistakes put your recovery at risk.

Read Also: Can You Be Liable for a Car Accident When You Weren’t Driving the Car

Contact the Law Offices of David J. Karbasian, PC

If you’ve been injured in a car accident, you deserve answers, support, and strong legal representation. At the Law Offices of David J. Karbasian, PC, we offer free consultations and never charge a legal fee unless we recover compensation for you. We’re available evenings, weekends, and can meet you at home or in the hospital if needed.

Call 856-600-HURT or contact us online to discuss your case. We’ll take care of the legal process while you concentrate on your recovery.

Filed Under: Car Accident Tagged With:

Drunk Driving Charges: What To Expect in New Jersey

August 22, 2025 by

Drunk Driving Charges What To Expect in New JerseyIf you’ve been charged with drunk driving in New Jersey—whether as a first-time or repeat offender—you face potential consequences that can affect your right to drive, your finances, your freedom, and your future. New Jersey law can impose strict penalties for conviction on a DUI charge, even for first-time offenders.

Let’s understand how a DUI is defined in New Jersey, what penalties you can expect, and how an experienced DUI lawyer in Cherry Hill, New Jersey, can protect your rights every step of the way.

What Constitutes a DUI in New Jersey

In New Jersey, unlike many other states, the terms “driving under the influence (DUI)” and “driving while intoxicated/impaired (DWI)” are commonly used interchangeably. Under New Jersey law, a person may be found guilty of drunk driving if his or her blood alcohol content (BAC), as measured by a breathalyzer or blood test, is 0.08% or higher. For drivers under 21, the legal limit drops to 0.01%. This is a per se offense, meaning prosecutors don’t need to prove visible impairment if your BAC exceeds the legal threshold. DUI in NJ also includes impairment from drugs, including prescription or over-the-counter medications.

The Penalties for First, Second, and Third DUI Offenses in New Jersey

OffenseFinesLicense SuspensionJail TimeOther Penalties
First DUI$250–$500Up to 1 year (BAC-dependent)Up to 30 days

– 12–48 hr IDRC (Intoxicated Driver Resource Center) Ignition interlock (if BAC ≥ 0.15%)

– $1,000 surcharge on tag renewal ( for 3 yrs)

Second DUI$500–$1,0001 to 2 years48 hrs to 90 days

– 30 days of community service

– Mandatory IDRC

– Ignition interlock (2–4 yrs)

Third DUI (and subsequent convictions)$1,0008 to 10 years180 days (90 mandatory, no parole)

– Mandatory IDRC

– Long-term ignition interlock post-suspension

Administrative and Court Processes After a DUI Arrest in New Jersey

After a DUI arrest in New Jersey, the legal process involves both the court system and the Motor Vehicle Commission (MVC). You’ll typically be taken to the station for a breathalyzer test, then issued a summons to appear in municipal court—not before a jury, but a judge. This criminal proceeding determines guilt or innocence, as well as sanctions, such as fines, jail, and other penalties.

Separately, the MVC handles the administrative suspension of your driver’s license. Because of New Jersey’s implied consent law, which requires that you submit to a blood alcohol test if a police officer requests one, your license can be automatically suspended for refusal to submit—even before your court case concludes.

Why Legal Representation Matters

A DUI charge in New Jersey carries serious, long-term consequences—but those penalties are not set in stone. An experienced DUI attorney understands how to evaluate the case from every angle:

  • Was the traffic stop lawful?
  • Were field sobriety tests properly conducted?
  • Were breathalyzer devices calibrated and administered correctly?

SA failure to follow procedures in any of these areas can render the evidence inadmissible in court, which can potentially lead to the dismissal of all charges.

Beyond courtroom defenses, an attorney can negotiate reduced penalties, alternative sentencing, or diversion programs, especially for first-time offenders. In repeat cases, counsel may argue for concurrent sentencing or reduced jail time.

Without legal guidance, you risk waiving some of your rights, missing deadlines, or failing to challenge flawed evidence—putting your license, livelihood, and freedom at risk

What To Do If You’ve Been Charged

If you’re facing a DUI charge in New Jersey, don’t say anything without first retaining a qualified criminal defense attorney.

Preserve all relevant evidence, photos, witness contacts, or medical records, and follow all court instructions carefully.

If referred to the Intoxicated Driver Resource Center (IDRC), attend as scheduled.

Read Also: New Jersey Motorcycle Accidents Involving Drunk Drivers

Contact the Law Offices of David J. Karbasian, PC

When you’ve been charged with DUI in New Jersey, don’t try to resolve matters on your own. Call us today at 856-600-HURT or send us a message to schedule a confidential consultation. Evening and weekend appointments are available, and we’re happy to meet you at your home or another convenient location if needed.

We defend DUI and DWI charges across Cherry Hill and the surrounding areas, providing clients with highly personalized attention and experienced legal strategy.

Filed Under: DUI Tagged With:

What To Do After a Drunk Driving Arrest in New Jersey

August 20, 2025 by

What To Do After a Drunk Driving Arrest in New JerseyGetting charged with drunk driving in New Jersey can be overwhelming and frightening. You may be worried about losing your driver’s license, paying steep fines, or even facing jail time. What you do in the hours and days following your arrest can greatly impact your legal outcome.

At the Law Offices of David J. Karbasian, PC, we help individuals navigate the complexities of DUI charges and fight to protect their future.

Essential Steps To Take After a Drunk Driving Arrest in New Jersey

Understand the Charges You’re Facing

In New Jersey, drunk driving is referred to as DWI (Driving While Intoxicated) or DUI (Driving Under the Influence) and the terms tend to be used interchangeably. You can be charged with drunk driving if your blood alcohol level is 0.08% or above—or lower if your ability to drive was clearly affected.

Penalties for a DUI conviction can include:

  • License suspension
  • Hefty fines and court fees
  • Mandatory alcohol education classes
  • Ignition interlock device installation
  • Jail time, especially for repeat offenses

Do Not Plead Guilty Without Legal Advice

Pleading guilty without legal advice is risky—breath tests can be flawed, and traffic stops must follow legal procedures. If the arrest followed a minor traffic violation, the escalation to a DUI charge may be challenged.

An experienced DUI attorney can:

  • Review the legality of the stop
  • Challenge the accuracy of test results
  • Spot mistakes in the legal process that could result in the charges being dropped

Request a DMV Hearing To Protect Your License

After a DUI/DWI arrest, your license may be suspended administratively, separate from criminal charges. You have a short window to request a DMV hearing to challenge a potential license suspension.

This hearing allows you the opportunity to:

  • Challenge the evidence against you
  • Argue to retain your driving privileges
  • Delay or prevent suspension during your court case

Having a skilled attorney represent you at the DMV hearing can significantly improve your chances of getting the outcome you want.

Preserve Key Evidence Immediately

Time-sensitive evidence can make or break your defense. After your arrest, it’s important to gather and preserve:

  • Police reports and citations
  • Blood or breath test results
  • Video footage from dashcams or body cams
  • Contact information of any witnesses
  • Your own notes about what happened

Hire an Experienced New Jersey DUI Attorney

Facing a drunk driving charge without proper legal guidance is ill-advised. A knowledgeable DUI attorney can:

  • Investigate the circumstances of your arrest
  • Review test procedures and calibration logs
  • Fight for reduced charges or dismissal
  • Negotiate alternatives like conditional discharge or treatment programs
  • Represent you in court and DMV proceedings

At the Law Offices of David J. Karbasian, PC, we have extensive experience handling DUI cases throughout New Jersey. We understand how to challenge flawed evidence and protect your driving record and freedom.

Read Also: Rear-End Accidents—Who is Responsible?

Contact the Law Offices of David J. Karbasian, PC

If you’ve been arrested for drunk driving in New Jersey, take immediate steps to protect your rights. Send us an email today, or call us at 856-600-HURT to schedule an appointment. Evening and weekend consultations are available, and we can meet you at your home or the jail if necessary.

Filed Under: DUI Tagged With:

Understanding Liability in Motorcycle Accidents: Who’s at Fault?

August 4, 2025 by

Understanding Liability in Motorcycle Accidents: Who’s at Fault?Motorcycle crashes often result in serious, life-altering injuries and overwhelming medical bills. For injured motorcyclists, determining who is at fault is critical to successfully pursuing compensation for their losses. But in New Jersey, where liability laws can be complex, fault isn’t always easy to prove.

At the Law Offices of David J. Karbasian, PC, we help riders navigate this legal process and fight back against insurance companies trying to shift the blame.

Common Causes of Motorcycle Accidents

Motorcyclists are vulnerable on New Jersey roads due to their smaller size and limited protection. Many crashes occur because of:

  • Drivers failing to yield when turning left
  • Unsafe lane changes by motorists
  • Speeding and aggressive driving
  • Distracted or impaired driving
  • Poorly maintained roads or weather conditions

How New Jersey Determines Fault

Fault in a motorcycle crash usually stems from negligence, which is when one of the parties to an accident fails to take reasonable steps to prevent harm. When another person’s negligence leads to a crash, that person can be held liable for any injuries caused.

New Jersey follows the legal principle of modified comparative negligence. Under this approach:

  • Your financial recovery may be adjusted according to your level of responsibility for causing the accident.
  • You may not receive any compensation if your degree of fault is more than 50%.

For example, if you’re deemed 20% at fault, any jury award would be reduced by that same percentage. This rule makes it vital to build a strong, evidence-backed case that minimizes your share of fault.

Who May Be Liable in a Motorcycle Crash?

More than one party may be responsible for a motorcycle accident. Potentially liable parties include:

  • Negligent drivers who caused the crash
  • Government agencies responsible for road maintenance
  • Motorcycle or vehicle manufacturers in cases involving mechanical failure
  • Commercial vehicle drivers and their employers
  • In rare cases, the motorcyclist may share responsibility

Evidence That Helps Prove Fault

To support your case, certain types of evidence are particularly helpful:

  • Police reports documenting the accident scene and officer observations
  • Photos and videos showing vehicle damage, road conditions, and injuries
  • Eyewitness statements that support your account of the accident
  • Medical records that verify the extent of your injuries and when they occurred
  • Expert witness testimony, such as accident reconstruction reports

How Karbasian Law Can Help

At the Law Offices of David J. Karbasian, PC, we understand the challenges injured riders face. We take immediate action to:

  • Investigate the cause of your accident
  • Collect vital evidence
  • Communicate directly with insurance companies to protect you from lowball offers or unfair allegations of blame
  • Pursue full and fair compensation for your losses, including lost income or wages, unreimbursed medical costs, physical and emotional pain and suffering, loss of enjoyment of life, loss of companionship or consortium, and loss or damage to personal property
  • Litigate aggressively when insurers fail to offer fair compensation

Read Also: Tips for Having a Safe Summer on Your Motorcycle

Contact the Law Offices of David J. Karbasian, PC

If you’ve been injured in a motorcycle accident, don’t wait to protect your rights. Send us an email today, or call us at 856-600-HURT to schedule an appointment to discuss your motorcycle injury claim. Evening and weekend consultations are available upon request. We can also meet with you at your home or the hospital if necessary.

We handle all motorcycle accident cases—and other personal injury claims—on a contingent fee basis. That means you won’t pay any legal fees unless we recover financial compensation for the losses you incurred.

Filed Under: Motorcycle Accidents Tagged With:

Comparative Negligence and the Last Clear Chance Doctrine

July 15, 2025 by

Comparative Negligence and the Last Clear Chance Doctrine

comparative-negligence-and-the-last-clear-chance-doctrine

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:

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