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Winterizing Your Motor Vehicle in New Jersey

December 30, 2024 by

Things You Can Do to Minimize the Risk of an Accident

Winterizing Your Motor Vehicle in New JerseyWinter driving—even though we know it’s coming, most of us don’t look forward to it. Ice and snow on the roads can make it difficult to control your vehicle, and flurries and fog can impede visibility. What can you do to your vehicle to minimize the risk of an accident?

Pay Close Attention to Your Tires

Before you do anything else, carefully inspect your tires. While snow tires will always give you more traction and control, most all-season tires are fine, provided they have good tread and are properly inflated. Your tread should be at least 1/8th of an inch, if not more, to ensure proper handling of your vehicle. Though it may be counterintuitive, it’s actually a little safer to have slightly less than the recommended tire pressure if you’ll be driving mostly on snow-covered roads or slippery surfaces, as you’ll have more tire surface on the road and therefore more traction.

Make Certain All Your Fluid Reservoirs Are Topped Off

Check your windshield wiper fluid and coolant or antifreeze. You can expect to use a lot more washer fluid in the winter, so you’ll want to check the levels on a regular basis. You may also want to consider using a different motor oil when temperatures are colder. An oil with a lower W number—a 5W oil, for example—will move through your engine more easily than a heavier oil, such as a 10W.

Your brakes are also essential to safety in the winter. Make certain your brake fluid levels are good, and have your mechanic check the mechanical parts of your braking system.

Get a New Battery, If Necessary

Cold temperatures slow down the chemical processes that create electrical charges in a battery. If you’ve had your battery for a couple of years, it may be time to get a new one. You don’t want to get stuck out on the road with a dead battery in a snowstorm, where you can be an easy target for a rear-end collision.

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 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:

Tips for Safe Winter Driving in New Jersey

November 26, 2024 by

Steps You Can Take to Minimize the Risk of Injury

Tips for Safe Winter DrivingIt’s winter and, in New Jersey, that usually means snow and ice. Statistics show an increase in motor vehicle accident rates when conditions become more treacherous in New Jersey winters. There are, however, simple measures you can employ to reduce the risk of mishap on slippery roads this year.

Always Make Certain You Have Maximum Visibility

Don’t ever get behind the wheel of a car until you’ve brushed all the snow off and scraped any accumulated ice from the windows. When cleaning snow off the car, make certain you get it all. Brush snow from the hood and top of the car, as well as all the windows. In addition, let the car run for a few minutes, so you can defrost your windows before you hit the streets. If you’re driving and accumulate snow or ice on your windshields, pull over and clear it off to reestablish maximum visibility.

Keep Your Vehicle Maintained

Don’t let a mechanical breakdown put you at risk. Make certain your tires have ample tread, that your windshield wipers do what they’re supposed to do, that your heater is fully functional, and that your brakes respond.

Give Yourself More Time to Get Where You’re Going

It’s a psychological reaction… you’re running behind, so you accelerate just a bit to try to get there on time. In snowy or icy conditions, that can be extremely dangerous. Plan ahead, adding a few minutes to your normal drive time. Be willing to be late and be safe.

Use More Caution on the Roads

In winter weather, you’ll typically find that it takes longer to bring your vehicle to a stop. With that in mind, keep your speed down just a little. Don’t drive too slowly, though, or you’ll cause more problems than you’ll avoid. In addition, give yourself a little more distance from the car in front of you.

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.

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

Suing a Friend After a Motor Vehicle Accident Injury

October 30, 2024 by

Why It’s the Right Thing to Do

Suing a Friend After a Motor Vehicle Accident Injury imgIt happens all the time. You’re traveling in a car or truck with a friend who runs a red light or fails to stop at a stop sign, causing an accident. You’re injured and can’t work or need extensive medical care. You need compensation for your losses, but it’s your friend who caused your injuries. You don’t want to risk losing the friendship, but you also need your losses to be covered. What do you do?

Are You Really Suing Your Friend?

Motor vehicle insurance is required for all drivers in the state of New Jersey. The purpose of insurance is to provide compensation for losses caused by the insured. Think of it this way… when you seek to recover damages from your friend, you’re not really asking them to personally pay for your losses. You’re asking their insurance company to honor its agreement to pay for losses caused by the policyholder. If you file a lawsuit, you’ll need to name your friend as the at-fault party, but the actual damage award or settlement will be paid by the insurance company.

Here’s another way to look at it. If it were someone you didn’t know, you wouldn’t think twice about pursuing compensation for your losses. Under the law, you are entitled to seek damages from anyone who wrongfully causes you injury. You shouldn’t forego a personal injury claim because you happen to know the person who caused the accident.

It’s also likely that your friend will want you to be able to recover compensation for all your losses. Ideally, you’ll be able to work out a settlement without going to trial, and you’ll both be relieved that the matter has been put behind you.

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.

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

Rear-End Accidents—Who’s Responsible?

September 20, 2024 by

Is It Always the Driver in the Trailing Car?

Rear-End-Accidents—Whos-Responsible-Img.jpgThe National Highway Traffic Safety Administration reports that rear-end collisions account for nearly one in every three traffic accidents, more than any other type of crash. The most common causes are distracted driving, excessive speed, and failing to compensate for poor weather conditions.

There’s an assumption that the trailing driver is always responsible for hitting the car in front of them. Is that true? Are there situations where the driver in front is at fault? If so, what are those circumstances?

Establishing Liability for a Rear-End Collision

Liability for losses sustained in most motor vehicle accidents is almost always based on the legal theory of negligence. To determine whether a party is negligent, the jury will look at the facts of the case and consider whether the actions of that party were reasonable under the circumstances. Because the trailing driver initiated the impact with the other car, a jury commonly looks first at the actions of that driver:

  • Were they driving at a reasonable speed?
  • Were they tailgating the other vehicle, so that there wasn’t adequate room to brake safely?
  • Did they take adverse weather conditions into consideration and adjust their driving accordingly?
  • Was the driver unreasonably fatigued or under the influence of drugs or alcohol?
  • Was the accident caused by an unreasonable failure by the trailing driver to maintain their vehicle?

The jury may also look at the conduct of the driver in the front vehicle to see if they have any liability:

  • Was the accident caused because the front driver had defective or broken brake lights or turn signals?
  • Is there evidence that the driver in front accidentally shifted their car into reverse?
  • Did the driver in front suddenly swerve into the path of the trailing driver?
  • Did the driver in front engage in needless “brake checking” or suddenly slam on the brakes unnecessarily?

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.

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

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:

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