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Lane-Splitting in New Jersey

Is It Legal? Is It Safe?

Lane-Splitting in New JerseyWe’ve all seen it on the highway or while waiting at a stoplight—a motorcycle scoots between us and the car next to us. It’s called “lane-splitting,” also known as “white-lining” or stripe-riding.” Many bikers do it to avoid traffic congestion, but it’s also considered by many to be safer than stopping behind stationary motor vehicles. Though it’s a common practice, many motorcycle enthusiasts in New Jersey are uncertain whether it’s legal. In addition, there’s disagreement over whether the practice is safe.

Is Lane-Splitting Legal in New Jersey

Lane-splitting is governed by state law, which varies from state to state. At the present time, only one state—California—has specifically declared lane-splitting to be legal. A majority of states expressly ban the practice, but New Jersey is not one of them. The Garden State joins more than a dozen jurisdictions where the practice is not addressed by state lawbut left largely to the discretion of local law enforcement. Though the practice is not banned, a law enforcement officer may cite a lane-splitting biker for failing to stay on the right-hand side of the road. As a biker myself, I am curious as to your thoughts whether it should be legal in New Jersey.

Is Lane-Splitting Safe?

Though little research on lane-splitting has been conducted in the United States, advocates cite two different reports suggesting the practice reduces the number of rear-end collisions involving motorcycles—the Hurt Report (1981) and data from the United States Department of Transportation’s Fatality Analysis Reporting System (FARS). FARS data shows that rear-end collisions with motorcycles are significantly lower in California (30%) than Texas or Florida, states with comparable riding seasons where lane-splitting is either banned (Florida) or not expressly permitted (Texas).

A 2015 study at the University of California suggests that lane-splitting could be safe, provided it is done at a speed of less than 50 miles per hour and the biker is traveling no more than 15 miles per hour faster than surrounding traffic.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 to schedule an appointment.

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Tips for Having a Safe 2020 Riding Season

Hazards to Avoid for Motorcyclists in New Jersey

Tips for Having a Safe 2020 Riding SeasonWinter is winding down and if you live in New Jersey and ride a motorcycle, chances are pretty good it’s been stored inside for the past few months. Sure, you can ride in the winter, but spring, summer and fall are the ideal times to be on the road.

As you get back in to the swing of things, there are a number of things to pay attention to, so that you minimize the risk of injury:

  • Be prepared for potentially rough roads—In places like New Jersey, where the weather can often fluctuate above and below freezing during the winter, the roads can deteriorate significantly during the winter. Snow and ice melt, fill the cracks in the pavement and then freeze again, expanding and breaking apart the road. Be prepared for lots of potholes, as well as the potential for loose gravel, asphalt or pavement. In addition, the salt and sand often used to make roads safer in the winter can leave residue that makes the roads more hazardous in the spring.
  • Watch out for debris on the roads—There’s less effort made to keep roads cleared of bottles, cans and other debris in the winter. In many instances, it’s scraped up by snow plows and left along the side of the road. Watch out for trash and other items on and along the roads.
  • Watch out for other drivers—Other motorists have not seen motorcycles on the roads for a few months. They’ll need to readjust to your presence. Always ride defensively. I always anticipate when I ride that motorists will turn in front of me, pull out in front of me and change lanes without looking.
  • Get in physical shape—Of course, you’ll be a bit rusty, too, and may be a bit out of shape physically. Check your weight before you get back on the bike…might be time to lose a few pounds. Do some stretching, focusing on arms, back and legs. Get out and walk around the neighborhood. Take your bike to a vacant parking lot and reacquaint yourself with the operation of your bike, including gears, throttle, brakes and turning radius.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 to schedule an appointment.

Evening and weekend meetings can be arranged upon request. We’ll come to your home or the hospital to meet with you, if necessary.

Roadway Defects That Pose Risks to Motorcyclists

Road Hazards to Watch Out For in New Jersey

Roadway Defects That Pose Risks to MotorcyclistsOne of the most common causes of motorcycle accidents, particularly those involving a single bike, is a roadway defect—some irregularity or dangerous condition that causes the biker to lose control. In New Jersey, you can sue a government entity for negligence in roadway design or road maintenance, including issues relating to obstructed views or construction detours. The process of suing the government is somewhat different than bringing a civil suit against a privateindividual. As a general rule, to bring an action against a governmental body in New Jersey, you must file a notice of your claim within 90 days of the injury. There also are unique rules addressing how parties to the legal action are to be notified. If you don’t follow the rules, you canlose your right to compensation.

Here are some of the most common roadway hazards that pose accident risks to bikers in New Jersey:

  • Uneven roads—Frequently, with resurfacing or other roadway work, one lane may be at a significantly different height than the other. That difference can create a dangerous situation, even if a motorcyclist is aware of it. This problem also can arise where two sections of a road or bridge are joined with an expansion joint.
  • Potholes—Deteriorating roads can cause fairly significant bumps, which can easily cause a biker to lose control.
  • Loose gravel—Gravel of any size can be a hazard for motorcycle riders. Gravel can migrate onto roads from construction projects or the shoulder of the road.
  • Rough roads—Poorly maintained roads, where dirt or gravel are allowed to accumulate, or water or ice are present, make conditions extremely difficult for bikers.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 to schedule an appointment.

Evening and weekend meetings can be arranged upon request. We’ll come to your home or the hospital to meet with you, if necessary.

Rideshare Accident

Rideshare Accident

Man helping woman who is injuredIf you are injured in an accident involving a rideshare operator like Uber or Lyft, you may be able to seek damages through the rideshare company’s liability insurance. Call attorney David Karbasian at 856-667-4666. #rideshareaccident #uberride #rideshareinjury #davidkarbasianattorney #personalinjury

The Most Common Types of Construction Accidents

The So-Called “Fatal Four” Account for Almost Two-Thirds of Construction Site Fatalities

The Most Common Types of Construction AccidentsIt’s common knowledge that working on a residential or commercial construction project can be one of the most dangerous vocations in the world. You’re often working high above the ground, and you’re around power tools, heavy equipment, ladders and scaffolding.

In studies done by the federal Bureau of Labor Statistics through the Occupational Safety and Health Administration (OSHA), it has been shown that nearly six of every ten fatal accidents on a construction site fall into one of four categories, leading authorities to dub these types of accidents the “fatal four.”

  • Falls from heights—This is far and away the single biggest cause of construction site deaths, accounting for 36% of construction site fatalities nation wide. In the most recent OSHA study, 349 of the 874 construction site fatalities in 2015 were caused by falls from heights—upper levels of high-rise projects, ladders, scaffolding, roofs, cranes, cherry pickers and other construction equipment. Not surprisingly, OSHA reported an increase in 2015 of citations issued for failure to install or erect safety guardrails or barriers, failure to maintain or properly use ladders and scaffolding, and negligence in setting up scaffolding.
  • Electrocution—During the same period, 74 construction workers lost their lives when they came into contact with live electrical current, either through overhead power lines or live wires left exposed during installation.
  • Falling objects—Almost as many construction employees (73) died in 2015 after being struck by falling debris, construction materials, tools and other items.
  • In-between accidents—Less than two percent (12) of construction fatalities in 2015 occurred when workers were caught and squeezed to death between heavy equipment and something else, like other equipment, building material, or a structure.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 to schedule an appointment.

Evening and weekend meetings can be arranged upon request. We’ll come to your home or the hospital to meet with you, if necessary.

Do You Have a Product Liability Claim?

The Different Types of Product-based Personal Injury Claims

Do You Have a Product Liability Claim?It would seem, with the technological advancements in modern society, that manufacturers could design, build, and test products that ensure user and bystander safety. Unfortunately, in the rush to be first to market, many product developers cut corners or ignore potential safety concerns. The result is that hundreds of thousands of people are injured every year by dangerous or defective products. Statistics show that one of every 13 personal injuries involves a consumer product. So how do you know if you have a product liability claim, and whom can you name as a defendant?

The Types of Product Liability Claims

The law recognizes three specific types of product liability claims:

  • Negligent / defective design—Defective design claims allege that the product designers failed to act reasonably when conceiving the product. A manufacturer may use high-quality materials and build exactly to specifications, but there still can be a design defect. An example would be the design of a motor vehicle that’s susceptible to rollover because of an improperly placed center of gravity.
  • Negligent / defective manufacture—Defective manufacture can involve the use of substandard or inappropriate parts or materials. It also can involve inadequate manufacturing processes or standards. This claim does not address the design of the product but only the fabrication, assembly, construction, or other manufacture.
  • Negligent / defective marketing—Negligent marketing generally involves either a failure to warn of dangers that were known or should have been known, or some type of defect or omission in the product labeling.

When you seek damages for injuries caused by a dangerous or defective product, you can file legal action against any party within the chain of distribution, from the designer or manufacturer to distributors, wholesalers, and retailers.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 to schedule an appointment.

Evening and weekend meetings can be arranged upon request. We’ll come to your home or the hospital to meet with you, if necessary.

Common Types of Real Estate Agent or Broker Fraud

Misrepresentation | Noncompliance with Disclosure Requirements | Licensing Violations

Common Types of Real Estate Agent or Broker FraudThe purchase of a new home probably will be the largest financial transaction most peopleenter into. Real estate deals are complex, and most buyers put their trust in real estate agents and brokers to ensure that they get the terms they expect. Unfortunately, broker or agent fraud is far too common. Here are some typical examples of fraud by real estate agents or brokers.

Misrepresentation of a Material Fact

A broker or agent commitsfraud or misrepresentation if he or she intentionally makes a false assertion of fact. A broker mightmisrepresent the age of a house, the size of the property, or prior uses of the buildings and grounds. An agent or broker also might make false statements about his or her qualifications, experience or licensing, and may even provide fake credentials. You should pay particularly attention if there’s only one agent involved in the transaction. That person may intentionally make false assertions about the property to boost the sale price, as they usually stand to collect a percentage-based commission on the sale.

Failure to Provide Appropriate Disclosures

Brokers and agents are legally required to provide certain basic disclosures to both buyers and sellers. For example, an agent or broker must disclose to a potential purchaser any known defects toeither land or structures.

It’s important to understand that a real estate broker or agent owes you a fiduciary duty. That requires them to be honest in all dealings with you and make decisions in your best interests, not theirs. Be careful that your agent or broker doesn’t:

  • Fail to inform you of all offers made or whether an offer has been accepted
  • Make, reject, or accept an offer without your approval, or
  • Receive any fees or profits that are not disclosed to you.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 to schedule an appointment.

Evening and weekend meetings can be arranged upon request. We’ll come to your home or the hospital to meet with you, if necessary.

Happy New Year 2020

Happy New Year 2020

To a joyful present and a well-remembered past. Best wishes for happy holidays and a magnificent new year.

New Technology Being Applied to Motorcycle Helmets

MIPS-Equipped Helmets Reduce Impact of Head Trauma

Motorcycle HelmetsSafety officials have long known that head injuries are the leading cause of death and injury in motorcycle accidents. Statistics also show that most head injuries occur when a biker hits his or her head against the ground at an angle.

A number of motorcycle helmet manufacturers are developing new products that integrate multi-directional impact protection system (MIPS) safety technology to minimize the consequences of angled-impact trauma. MIPS replicates the action of the brain’s cerebrospinal fluid, the body’s natural defense response to an angled impact on the skull. With MIPS, wafer-thin material causes your helmet to slide relative to your head. Studies show that such movement minimizes the severity of the impact.

MIPS technology was first developed about 15 years ago and used extensively by jockeys and horseback-riding enthusiasts. About ten years ago, the technology started to appear in bicycle helmets. It comes as an insert installed between the EPS liner and interior padding of the helmet.

The developers of MIPS say helmet manufacturers were initially resistant to the technology, fearing bikers would not see a significant benefit for the additional cost. But motorcycle airbag vests and jackets received a similar response, initially being dismissed by riders who did not believe they were effective. It’s anticipated that, just as airbag safety equipment has garnered wide support and acceptance, MIPS technology will become commonplace.

Contact Attorney David J. Karbasian

Contact our office online or call us at 856-667-4666 to schedule an appointment. Your first consultation is without cost or obligation. The sooner you call, the sooner you can move forward with your claim. We can accommodate evening or weekend meeting requests and will come to your home, if necessary.

Mortgage and Foreclosure Relief Scams Still Prevalent

Federal Trade Commission Advises Consumers to Beware

Mortgage and Foreclosure Relief Scams Still PrevalentThere are few things more stressful than being behind on your mortgage or facing the possibility of foreclosure. Unfortunately, there are unethical people out there who want to take advantage of your anxiety and fears. Here are a few to watch out for:

  • The phony class action—In one high-profile fraud case, companies advertised that qualified consumers could join a class action mortgage fraud lawsuit against certain banks and lenders. The company initially said the cost would be limited to a one-time charge of $895. Victims were told they had a “strong case,” when most of the lawsuits were summarily dismissed. The victims also were convinced to send monthly payments even after the legal action was terminated. In many instances, no lawsuit was ever even brought on behalf of the victims.
  • The phony counseling or debt negotiation—Another common scam involves a company that promises, for a fee, to negotiate a deal with your lender either to reduce your payments or extend the term of your loan to make it more affordable. You may be asked to make payments to the company while the negotiation is in process. At some point, though, the company will disappear.
  • Rent-to-buy schemes—In this con, a company or individual encourages you to transfer title to your home as part of an arrangement that allows you to stay in your home, rent it from the company while you get your finances together, and then buy it back at a later date. The company promises you’ll get a better rate and better terms when it comes time to repurchase, but generally the opposite is true. You’ll find that you can’t afford the terms, and you no longer own your home. The scammer may even raise the rent to a level you can’t afford and then evict you. Or the con artist may promise to sell the house and give you a portion of the profits, but that won’t happen.
  • Bait-and-switch cons—In another scam, you receive a pile of documents to sign purportedly to refinance your home. Hidden in the legalese is a provision that conveys title to your home in exchange for a “rescue loan.”

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 to schedule an appointment.

Evening and weekend meetings can be arranged upon request. We’ll come to your home or the hospital to meet with you, if necessary.

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To our clients, neighbors and members of our community who may require legal services during this uncertain time, we are here for you. Although our dedicated team is working entirely remotely, the use of telephone, texting & video conferencing allows us to stay connected with you 24/7. Furthermore, our case management system is entirely cloud-based, which gives our team members full access to your files during this national emergency. We hope you and your family stay safe during the COVID-19 situation. Continue to check our Facebook page for important updates. We are here to help.