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Common Causes of New Jersey Motorcycle Accidents

April 24, 2023 by

The Reasons behind Most Bike Wrecks

Common Causes of New Jersey Motorcycle AccidentsThe National Highway Traffic Safety Administration (NHTSA) estimates that there are about 9 million registered motorcycles on the nation’s roadways, accounting for approximately 3% of all traffic. Unfortunately, motorcycles are involved in nearly 6% of all traffic accidents and are more than 30 times as likely to cause a highway-related fatality. Statistics show that about 80% of people who are involved in a motorcycle accident suffer significant injury or even death, whereas about one in five passengers in automobiles are hurt or killed.

What Are the Factors that Most Often Cause or Contribute to Motorcycle Accidents?

As a general rule, most motorcycle accidents result from carelessness or negligence of another person. In essence, negligence involves a failure to do the things a reasonable person would have done under the same circumstances. Specific examples of negligence that can cause a motorcycle accident include:

  • Opening a car door in front of a moving bike—Too often, passengers in a parked vehicle open the door on the traffic side of a vehicle without looking to see if anyone is coming
  • Distracted driving—Other motorists will frequently take their eyes off the road, whether to use a cell phone or handheld device, adjust the stereo, talk to a passenger, wolf down lunch on the run or take in a roadside attraction/distraction
  • Violation of traffic laws—Excessive speed, failure to yield to the right of way of a motorcycle, illegal lane changes, rolling stops at a red light or stop sign
  • Driving under the influence of drugs or alcohol—Another driver may have diminished capacity behind the wheel because of the use of controlled substances
  • Tailgating or other aggressive driving—Other drivers may fail to maintain a reasonable distance behind a motorcycle or otherwise drive to close to a bike

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail or call our offices at 856-667-4666 / 856-600-HURT to schedule an appointment to discuss your personal injury claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.

Filed Under: New Jersey Motor Vehicle Accident Claims Tagged With:

Can You Sue a Mechanic after an Accident Caused by Shoddy Work?

October 19, 2022 by

The Liability of a Garage of Poor Quality Work

can-you-sue-a-mechanic-after-an-accident-caused-by-shoddy-workWhen you take your car or motorcycle to a mechanic, you expect that the people working on your vehicle will use reasonable care to ensure that all repairs are done properly and that your auto or bike is safe to take on the road. What are your options, though, if a mechanic fails to properly install or repair brakes or other parts, and you are involved in an accident? Can you sue the mechanic for compensation for your losses?

Personal Injury Claims Based on Negligence

Though you can always bring a lawsuit for damages caused by the intentional acts of another person, as a practical matter, most personal injury claims are based on allegations of carelessness or negligence (the legal term). In a personal injury lawsuit, you can seek damages from anyone whose negligence caused you to suffer injury or loss. To establish negligence, you need to prove that:

  • The person from whom you seek compensation (the defendant) failed to act as a reasonable person would under the circumstances—Under the laws of negligence, all persons in society have a duty to use reasonable care in all their actions. That includes mechanics who work on your vehicles.
  • The defendant’s failure to exercise reasonable care caused an accident—You must show that the accident would not have occurred if the defendant had used reasonable care. You must also show that the accident and injuries that resulted were reasonably foreseeable as a consequence of the failure to use reasonable care.
  • You suffered actual losses—You can only recover for actual injury or economic loss. If your medical expenses are all paid by insurance, you cannot recover compensation for them.

The Liability of a Mechanic for Faulty Repairs

To recover from a garage or mechanic for injuries suffered in a motor vehicle accident, you must, therefore, prove that the mechanic failed to act as a reasonable person would have in his or her position, that the work done failed to meet the standard of reasonable care. To prove that, you’ll like need to bring in expert witnesses to testify as to what would reasonably be expect of a mechanic handling these types of repairs.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment to discuss your personal injury claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.

Filed Under: New Jersey Motor Vehicle Accident Claims Tagged With:

The Rights of Passengers in New Jersey Motor Vehicle Accident Claims

October 6, 2022 by

Can You Sue More than One Driver? What about Single Car Accidents?

The Rights of Passengers in New Jersey Motor Vehicle Accident ClaimsYou’ve been hurt in a car, truck or motorcycle accident in New Jersey. Maybe it was a collision where the facts indicate that both drivers had some degree of fault. Maybe it was a single-vehicle accident. What are your rights as a passenger? Can you bring a lawsuit for damages against both drivers in a collision? Can you sue the driver of your vehicle if there was no other motorist involved?

Your Rights as a Passenger in New Jersey

In New Jersey, most personal injury claims are based on a legal theory of negligence. To succeed with such a claim, you must show the following:

  • The defendant (person you are seeking compensation from) failed to act as a reasonable person would under the circumstances
  • That failure to act reasonably caused the accident
  • You suffered actual losses as a result of the accident/your injuries

If you can show that more than one person failed to act reasonably and caused the accident, you can recover damages from all liable parties. That means you can bring a lawsuit against the driver of your vehicle and the driver of the other vehicle.

What If the Driver Was a Family Member?

What if you were a passenger in a vehicle driven by a spouse, parent or other family member? Can you still file a lawsuit for damages if the at-fault party was related to you?

There is nothing to prohibit you from seeking compensation from a family member after a car accident. As a practical matter, your losses will typically be covered by an insurance policy. Accordingly, it’s not as if you are asking your loved one to pay for your losses out of pocket.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us 856-667-4666 / 856-600-HURT to schedule an appointment to discuss your personal injury claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.

Filed Under: New Jersey Motor Vehicle Accident Claims Tagged With:

New Jersey Motorcycle Accidents

June 9, 2022 by

What Happens If You Weren’t Wearing a Helmet at the Time of the Crash?

New Jersey Motorcycle AccidentsUnder New Jersey law, anyone operating a motorcycle on the road in the Garden State, as well as any passengers on a motorcycle, must wear an authorized helmet. The helmet must be the right size and must be properly secured with a neck or chin strap. So what happens if you are involved in a motorcycle accident and you weren’t wearing a helmet? Do you still have a claim for compensation for your injuries?

Failure to Wear a Helmet Does Not Bar Recovery

In New Jersey, the fact that you were not wearing a helmet at the time of a motorcycle accident will not prevent you from seeking and recovering some level of compensation for your injuries. It may, however, reduce or limit the amount that you may recover, based on the principle of comparative negligence in New Jersey.

How Comparative Negligence Will Affect Your Personal Injury Claim

In any personal injury claim in New Jersey, there are essentially two determinations that must be made:

  • The total amount of loss suffered by each party
  • The extent to which each party is responsible for either causing the accident or causing the injuries

Under the comparative negligence approach, if you have been injured in a motorcycle accident, but were not wearing a helmet at the time of the crash, the first thing a jury will do is determine the full extent of your losses. Let’s assume, for example, that you were unable to work for some period of time, and had unreimbursed medical expenses, totaling $250,000.

Once the full amount of your losses is calculated, the jury will then determine the extent to which your actions caused your injuries. That will likely include a consideration of whether your injuries would have been as severe if you had been wearing a helmet (as a reasonable person would). If the jury determines that the failure to wear a helmet had no impact on the injuries suffered (you had no head injuries), you may get the full amount of damages. However, if the jury determines that you would not have suffered any head injuries if you’d worn a helmet, you may be barred from recovering for those losses.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment to discuss your personal injury claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.

Filed Under: New Jersey Motor Vehicle Accident Claims Tagged With:

Factors that Can Have an Impact on a Motorcycle Accident Injury Lawsuit

June 1, 2022 by

Things that May Affect How Much You Can Recover

Factors that Can Have an Impact on a Motorcycle Accident Injury LawsuitYou’ve been involved in an accident while riding a motorcycle, either as the operator or a passenger. There’s clear evidence that another driver acted carelessly or negligently, contributing to the circumstances that led to the crash. You want to file a lawsuit to recover full and fair compensation for your losses, but you’ve never been involved in this type of matter and you’re not sure what to expect. What factors will have an impact on your right to recover, and on how much you can potentially recover?

The Concept of Comparative (or Shared) Liability

If the accident was caused entirely by the wrongful acts of other persons, this won’t have any effect on your case. A common strategy among defense attorneys, though, is to argue that you were at least partially liable for causing the accident. Perhaps another motorist ran through a red light or stop sign, but you were exceeding the speed limit at the time of the collision. Opposing counsel may argue that, had you not been speeding, the accident would not have occurred.

In New Jersey, such a circumstance is governed by the law of comparative liability. In such a situation, the court will first determine the full amount of your losses. Next, the court will establish the extent to which you were liable, typically stated as a percentage. For example, you may have $100,000 in losses and the court may find that you were 25% responsible for causing the accident. In such a case, your damage award would be reduced by 25% and you would receive $75,000 for your losses. It’s important to remember, though, that New Jersey’s “modified comparative negligence” approach will only allow you to receive compensation if you are less than 50% liable for the crash.

Other Factors that May Affect Your Recovery

The amount you receive in a verdict or settlement may also be affected by:

  • The nature and severity of your injuries—Often, the more serious your injury, the more likely you’ll be able to settle for a fair amount, as defense attorneys won’t want to put your case before a sympathetic jury
  • The types of insurance coverage available—In New Jersey, there’s a requirement for minimum coverage, but drivers can have varying levels of liability coverage
  • Stereotypes about bikers—You’ll want an aggressive and knowledgeable attorney to counteract attempts to stereotype you in the minds of jurors

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment to discuss your personal injury claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.

Filed Under: New Jersey Motor Vehicle Accident Claims Tagged With:

Motor Vehicle Accidents in New Jersey

November 15, 2021 by

What Are Your Rights When an Accident is Caused by a Product Defect?

Motor Vehicle Accidents in New JerseyAccording 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.

Filed Under: New Jersey Motor Vehicle Accident Claims Tagged With:

Motor Vehicle Accidents in New Jersey

October 19, 2021 by

How to Reduce the Risk of a Winter Weather Automobile Wreck

Motor Vehicle Accidents in New JerseyIt’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.

Filed Under: New Jersey Motor Vehicle Accident Claims Tagged With:

Recovering Damages After a Car Accident

September 9, 2021 by

What If the Driver of Your Vehicle Was at Fault?

Recovering Damages After a Car AccidentIf 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.

Filed Under: New Jersey Motor Vehicle Accident Claims Tagged With:

Who Is At Fault in a Left-Turn Accident?

August 26, 2021 by

Is the Driver Turning Left Always at Fault?

Who Is At Fault in a Left-Turn Accident?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.

Filed Under: New Jersey Motor Vehicle Accident Claims Tagged With:

The Differences Between Motorcycle and Automobile Accident Claims

August 5, 2021 by

Why You Want a Lawyer Who Has Successfully Handled Motorcycle Claims

The Differences Between Motorcycle and Automobile Accident ClaimsWhen 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.

Filed Under: New Jersey Motor Vehicle Accident Claims Tagged With:

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