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Feds Hope Increased Fines Reduce Truck Driver Log Violations

feds-hope-increased-fines-reduce-truck-driver-log-violationsUnder federal laws and regulations, over-the-road truckers must maintain logs that document how much time they spend behind the wheel. Federal regulations require truck drivers to take regular breaks, and limit the amount of time they can be on the road over given periods of time. Unfortunately, many truckers and their employers circumvent the regulations, with some actually maintaining bogus logs to submit to federal enforcement agencies.

In an effort to reduce the incidence of driver log violations, the Federal Motor Carrier Safety Administration imposes fines and penalties on drivers who infringe upon the rules. In 2015, the agency made a number of changes, with the specific purpose of increasing the costs of non-compliance with “on-the-road” regulations. Here’s an overview of the changes made two years ago:

  • Recordkeeping violations—Any failure to keep records as required by the FMCSR (Federal Motor Carrier Safety Regulations) will subject the offender to a $1,100 per day fine, up to $11,000. That’s a daily increase of $100 and a total increase of $1,000.
  • Egregious hours of service violation—A trucker found to engage in “egregious” violation of the “hours on the road” requirements can face a maximum fine of $16,000, up from $11,000.
  • Violation of 24 hour out-of-service requirement—A trucker who fails to stay off the road for the mandatory 24-hour period set forth in the regulations can be fined up to $4,125 per violation, up from $3, 750 per incident.

Contact Our Office Today

Don’t wait another day—evidence may be lost! Your first consultation is free of charge. Contact us by e-mail 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.

We handle all truck accident injury claims on a contingency basis. You won’t pay any attorney fees unless we recover compensation for your losses.

An Introduction to Personal Injury Litigation – Actual Loss

an-introduction-to-personal-injury-litigation-actual-lossThis blog is the last in a series examining what you must prove to successfully recover monetary compensation in a personal injury lawsuit based on negligence. In earlier blogs, we looked at the breach of the duty of care, as well as the required causal links in a negligence claim.

The Requirement of Actual Loss

Let’s assume you are waiting to make a right turn at a stop sign and take your foot off the brake for a second. The person behind you gives it a little too much gas and taps the back of your car before you pull out. You don’t feel any physical discomfort and never seek medical treatment. You look at your car, but can’t make out a scratch.

Do you have a claim for negligence? The other driver clearly breached the duty of care—a reasonable person would not pull forward until his or her pathway was clear. In addition, that breach of duty caused an accident—there was contact between the vehicles. But you won’t be able to pursue a personal injury claim, because you can’t show actual loss.

In negligence claims, there are generally two types of damages—compensatory and punitive damages. Punitive damages are intended, as the name suggests, to punish the defendant. They typically require egregious conduct by the defendant and are rarely granted. All other damages are compensatory—designed to reimburse or compensate you for past, present or future losses. Those losses can include expenses incurred, physical injury, or the diminution in value of property. If you can’t show any of those consequences, you can’t show actual damages.

Another instance where you won’t be able to show actual loss is if the loss is covered or paid for in some other manner. If you have insurance, workers’ compensation benefits or some other way that you have been reimbursed for the loss, you can’t recover again—you’ve already received compensation for the loss.

Contact Us Now

Don’t run the risk that evidence will be lost— contact us online or call our office today at 856-667-4666 to schedule an appointment. Your first consultation is free. We are available evenings and weekends upon request. We’ll also travel to your home or the hospital, if necessary.

We handle all product liability claims on a contingent fee basis. We won’t charge any attorney fees unless we recover compensation for your losses.

Construction Site Product Liability Claims

construction-site-product-liability-claimsOne of the principal causes of injury on construction sites is tied to dangerous or defective products, including tools, machines, equipment and building materials. When you have been injured because of exposure to or the malfunction of a product, there are a number of legal theories that you can use to pursue damages:

  • Negligent manufacturing—This involves a breach of the duty to use reasonable care in the construction, assembly, fabrication or manufacture of a product. It might entail the use of substandard materials, negligence in training or monitoring employees, failure to set up appropriate manufacturing procedures, or inadequate testing
  • Negligent design—This claim involves a failure to consider potential safety risks when designing a product. With negligent design, it doesn’t matter whether the product was properly manufactured—the risk of injury stems from design flaws. For example, a ladder that has high center of gravity, making it susceptible to falling over
  • Negligent marketing—The manufacturer or marketer of a consumer product has a duty to inform potential users of any safety risks tied to a product, whether they are actually known or can reasonably be deduced. Accordingly, there must be labels, on the product or the box, identifying such risks.

Third Party Actions

With most work-related injuries, your exclusive remedy will be workers’ compensation. However, since workers’ compensation applies only to instances of negligence by an employer or co-worker, product liability claims typically don’t fall under this limitation. If the product was manufactured, designed or marketed by someone other than your employer or a co-employee, you can file a lawsuit for damages.

Contact Us to Protect Your Rights

In the aftermath of a personal injury, evidence can get lost and memories can fade. Don’t run the risk that you won’t be able to get full and fair compensation for your injuries. Contact our office online or call us at 856-667-4666 to arrange a meeting. Evening and weekend appointments can be set up by request. We’ll also come to your home or the hospital to meet with you, if necessary.

We handle all personal injury claims on a contingent fee basis. There won’t be any attorney fees unless we recover compensation for your losses.

Pursuing Medical Expenses after a Car Accident in New Jersey

Pursuing Medical Expenses after a Car Accident in New JerseyIn the aftermath of a motor vehicle accident, one of the first steps you typically take is to contact your insurance company to seek reimbursement or payment of medical expenses. In the state of New Jersey, the type of automobile insurance policy you have will determine how the reimbursement is handled.

In New Jersey, as in all other states, there’s a no-fault option for motor vehicle insurance. With a no-fault approach, when you have been hurt in a motor vehicle accident, you turn to your own insurance company to compensate you for your losses, rather than the at-fault party’s insurer. Your insurer will typically pay your losses and then seek reimbursement through a legal process known as subrogation.

Unlike most other states, though, New Jersey gives you a choice—you can opt for no-fault coverage or you can purchase a “traditional” policy of motor vehicle insurance. If you select the latter, you retain the right to sue the other party and the other party’s insurance company.

Furthermore, New Jersey’s insurance law also allows victims of “serious injury” to bring a lawsuit against the at-fault driver and his/her insurer, even if the victim has selected the no-fault option. The law defines serious injury to include “dismemberment, significant disfigurement or scarring, displaced fractures or the loss of a fetus.”

Contact the Law Offices of David J. Karbasian, PC

Don’t risk the loss of evidence or the disappearance of a witness. The sooner you retain legal counsel, the better! Send us an e-mail today or call us at 856-667-4666 to schedule an appointment.

We handle all personal injury claims on a contingent fee basis. We won’t charge any attorney fees unless we recover compensation for your losses.

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

Nursing Home Neglect a Serious Problem

nursing-home-neglect-a-serious-problemWhen your loved one needs assisted living or nursing home care, you expect that they will be well-tended, and that their days there will be free from pain and suffering. Unfortunately, nursing home care is big business in America, and the bottom line frequently takes priority over patient well-being. In some instances, residents are simply victims of bad behavior by nursing home operators and their employees.

The National Center on Elder Abuse released a report in 2015, documenting the findings of a study conducted over 12 months. The statistics were startling:

  • More than half of all workers in nursing homes admitted to not providing proper treatment during the study. Some of this stems from the fact that most nursing homes are understaffed, and personnel cannot provide the level of care required by every resident.
  • Nearly a third (29%) of the reported abuse is physical abuse and approximately one in seven cases (14%) involve gross neglect. In addition, seven percent of the abuses involved financial exploitation.
  • One in three nursing homes received citations during 2015 for non-compliance with federal regulations governing nursing home operations.
  • More than 20,000 residents of nursing homes suffered serious injuries to their face in 2015, often a result of falling out of bed or falling and hitting a chair, table or other hard surface. More than half of those residents were over the age of 85 and almost two-thirds were female.

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 or the hospital, if necessary.

We handle all nursing home injury claims on a contingent fee basis. We won’t charge any attorney fees unless we recover compensation for your losses.

Common Types of Mortgage Fraud

Common Types of Mortgage FraudThough it may not be getting the publicity it got a few years ago, when there was a national crisis in the mortgage industry, mortgage fraud is still alive and well, and prospective homeowners need to pay close attention to ensure they don’t fall victim to unscrupulous operators. Here are some of the most common strategies currently being used to defraud you when you seek a mortgage.

Predatory Lending

If your mortgage lender is giving you the hard-sell or seems to be making the process too easy, beware. One of the key indicators that you might be victim to predatory lending?—the lender comes to you. If you get a phone call or a mailing telling you you’ve qualified and no credit checks are necessary, you may want to have an attorney get involved in the process. Either way, you’ll b protected.

Appraisal Fraud

Some mortgage companies have “special” relationships with certain property appraisers. What typically happens is that the appraiser overvalues the property and gets a fee (kickback) when the loan closes or is sold. As the homeowner, you may over-borrow and find yourself “under water(owing more than the fair market value of the home)” in a foreclosure proceeding. Appraisal fraud can happen with a new purchase or a refinancing.

Extensive Upfront Fees

With this approach, applicants must pay a “processing” fee when they submit their application. Their applications are routinely rejected. There are variants on this scam. The mortgage company may tell you that you’ve won a trip or other prize, but must pay the processing fee to claim your prize. After you pay the fee, you never hear from them again.

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 or the hospital, if necessary.

We handle all personal injury claims on a contingent fee basis. We won’t charge any attorney fees unless we recover compensation for your losses.

Challenging a Blood Test in a New Jersey DUI

challenging-a-blood-test-in-a-new-jersey-duiIf you have been pulled over and charged with driving under the influence in New Jersey, your first inclination may be to see if the prosecutor will allow you to plea bargain to a lesser offense. Unfortunately, New Jersey law does not allow a party to plea bargain in a DUI prosecution. Accordingly, if you want to minimize the consequences or impact of a DUI charge, you’ll need to either get the charges dismissed or exclude evidence such that the prosecutor reduces the charges.

How to Challenge a Blood Test

One of the best ways to avoid or minimize the consequences of a DUI arrest is to bring the validity of the blood alcohol tests into question. You can do this by asking a variety of questions:

  • Who conducted the blood test? Was it a licensed medical professional? If not, you may be able to challenge the results. Furthermore, if the prosecutor can determine who conducted the test, and you can’t examine that witness in court, the case can also be dismissed.
  • When was the blood alcohol equipment last serviced, tested or calibrated? Can you produce evidence of false readings in the past?
  • Did the person conducting the test use an iodine swipe on your skin before taking blood? That can alter the readings of a blood test.
  • Is there any blood left over for an independent test? If not, you may be able to get the case dismissed.

Contact the Law Offices of David J. Karbasian, PC

Don’t risk the loss of evidence or the disappearance of a witness. The sooner you retain legal counsel, the better! 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.

David J. Karbasian Has Been Nominated and Accepted as a Two Years AIOPIA’S 10 Best in New Jersey For Client Satisfaction

David J. Karbasian Has Been Nominated and Accepted as a Two Years AIOPIA’S 10 Best in New Jersey For Client Satisfaction

The American Institute of Personal Injury Attorneys has recognized the exceptional performance of New
Jersey’s Personal Injury Attorney David J. Karbasian as Two Years 10 Best Personal Injury Attorneys for
Client Satisfaction.

The American Institute of Personal Injury Attorneys is a third-party attorney rating organization that
publishes an annual list of the Top 10 Personal Injury attorneys in each state. Attorneys who are
selected to the “10 Best” list must pass AIOPIA’s rigorous selection process, which is based on client
and/or peer nominations, thorough research, and AIOPIA’s independent evaluation. AIOPIA’s annual list
was created to be used as a resource for clients during the attorney selection process.

One of the most significant aspects of the selection process involves attorneys’ relationships and
reputation among his or her clients. As clients should be an attorney’s top priority, AIOPIA places the
utmost emphasis on selecting lawyers who have achieved significant success in the field of Personal
Injury law without sacrificing the service and support they provide. Selection criteria therefore focus on
attorneys who demonstrate the highest standards of Client Satisfaction.
We congratulate David J. Karbasian on this achievement and we are honored to have him as a Two Years
AIOPIA Member.

You can contact David J. Karbasian directly at 856-667-4666 or www.KarbasianLaw.com.

When Can Police Conduct a Blood Alcohol Test in a New Jersey DUI?

when-can-police-conduct-a-blood-alcohol-test-in-a-new-jersey-duiThe police can pull you over for any visible violation of traffic laws, or with reasonable suspicion that you’ve either committed a crime or are in the process of doing so. However, what if police pull you over because of an equipment violation and then want to conduct a blood alcohol test? Suppose there’s no indication that you’ve been drinking and the police admit they didn’t notice anything out of the ordinary? Are there limits as to when a law enforcement officer can require a driver to submit to a blood alcohol test?

In New Jersey, the prevailing law requires a police officer to have one of two things in order to mandate that a driver submit to a blood test—the consent of the driver or a warrant. Physically drawing your blood has been ruled an invasion of privacy in New Jersey, and cannot be performed without a warrant or without consent.

In most instances, the police officer will ask you to submit to a blood test. You have the right to refuse, and that decision cannot be used against you in court as evidence of your guilt. However, you will face automatic suspension of all driving privileges. A better option is to take the test and try to contest the validity of the test.

If you can’t consent or are unconscious, the police officer cannot compel you to submit to a BAC exam. The officer may call a judge on the phone and seek to get a telephonic warrant, however.

Contact Us Now

Don’t run the risk that evidence will be lost— contact us online or call our office today at 856-667-4666 to schedule an appointment. Your first consultation is free. We are available evenings and weekends upon request. We’ll also travel to your home or the hospital, if necessary.

Watch Out for These Mortgage Foreclosure Scams

mortgage-foreclosure

So you’ve been experiencing financial difficulties and you’re at risk of having your mortgage foreclosed. There seem to be many individuals and entities out there willing to help you avoid foreclosure, but you need to beware—many of them are outright frauds and will only make your situation worse. Here are some scams to avoid.

The Old “Bait and Switch”

With this strategy, a lender will promise to refinance your mortgage at an attractive rate, perhaps lowering interest rates or extending the length of the mortgage. Then, when you show up at the closing (after you’ve incurred expenses for title searches, surveys and inspections), the lender tells you that the original deal is off and offers you a new package, with much less favorable terms. Often, because of the money you’ve already spent and your fear of losing your home, you take the bait, so to speak, and sign on for more than you can afford.

Property Leasebacks

Under this scenario, a fraudster comes in and offers to pay your monthly mortgage payments and allow you to stay in your home. In exchange, all you have to do is deed your property over the fraudster and make monthly rental payments, which will include an amount supposedly allocated to buying back the property. Unfortunately, you have no guarantee that the party to whom you are making payments will actually use the rent to pay off the mortgage. Furthermore, if you couldn’t afford your previous mortgage payments, how do you expect to be able to pay an even higher monthly payment—the new payment will include the costs of your mortgage plus some interest income to the recipient.

Contact Us to Protect Your Rights

In the aftermath of a personal injury or consumer fraud, evidence can get lost and memories can fade. Don’t run the risk that you won’t be able to get full and fair compensation for your injuries. Contact our office online or call us at 856-667-4666 to arrange a meeting. Evening and weekend appointments can be set up by request. We’ll also come to your home or the hospital to meet with you, if necessary.

We handle all personal injury claims on a contingent fee basis. There won’t be any attorney fees unless we recover compensation for your losses.

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