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Recovering Compensation After an E-Scooter Accident

August 16, 2024 by

What to Do to Protect Your Rights

Recovering Compensation After an E-Scooter AccidentOver the past decade, e-scooters have swept the nation. They offer a convenient way to get just about anywhere, but they can also be dangerous. The scooter may be poorly maintained, causing it to malfunction and crash. Furthermore, as with motorcycles, you can get into accidents with motorists who simply aren’t watching out for you, even though you have the right of way. In the aftermath of an e-scooter accident, the steps you take can make a big difference in your health and legal rights.

What Should You Do Immediately After an E-Scooter Accident?

After a scooter accident, as with any personal injury, your first concern should always be your health and safety. If you can do so without putting yourself in further jeopardy or aggravating your injuries, get off the road. Do a self-assessment. If you’ve suffered a head, neck, or back injury, don’t try to get up. Wait until emergency personnel arrive. Even if you can walk away under your own power, you should seek medical attention as soon as possible, either by going to a hospital emergency room or urgent care facility, or by seeing your primary care physician.

When you get medical care, make certain you tell the nurse or doctor about anything that seems out of the ordinary. Don’t focus on the obvious injuries, such as a broken bone, and neglect to mention your stiff neck or sore shoulder. Such symptoms may be important to any legal claims you might bring later. Ask doctors to put everything in writing.

If you can safely do so, get contact information from everyone involved in the accident, as well as all potential witnesses. Recording names, addresses, and email addresses will help your attorney get in touch with them when preparing your case.

Additionally, if you can, take pictures of anything related to the accident, including your injuries, injuries suffered by other parties, all vehicle damage, the location of the accident, the weather, and road conditions. Using the camera on your phone is fine.

Finally, as soon as possible, contact an experienced attorney, so that your legal rights are fully protected.

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 Personal Injury Claims Tagged With:

Injured at a Summer Party? Your Rights in New Jersey

July 24, 2024 by

Injured at a Summer Party? Your Rights in New JerseyIt’s summer… time for pool parties, barbecues, and other outdoor social events. Unfortunately, it can also be a dangerous time, particularly when the homeowners whose gatherings you attend don’t use reasonable care to maximize your safety. What are your rights in New Jersey when you suffer any type of loss or injury while attending a social event at someone else’s house?

New Jersey Laws Governing Slip-and-Falls

In New Jersey, as in all states, the owner of residential property has a duty to maintain the premises in a way that minimizes the risk of injury to anyone legally visiting the premises. The specific legal obligations of the owner (or person in control of the premises) vary based on the status of the visitor:

  • Licensee— A person who legally enters property for their own benefit, but not for business reasons, is considered a licensee. Social guests are generally licensees. The property owner, or person in control of the property, owes licensees a duty to warn of known dangers that the guest would be unlikely to discover on their own.
  • Invitee— Someone who enters property for the benefit of the property owner (typically a customer entering a commercial establishment) is an invitee. The owner, or person in control, owes the highest duty to an invitee. The premises must be subjected to reasonable periodic inspections to determine whether there are known hazards. The owner must fix any hazards, prevent access to any section of the premises where a hazard is found, or provide reasonable notice to invitees of the existence of any hazard.
  • Trespasser— A trespasser is a person who enters the premises without permission or legal authority. With limited exceptions, an owner or person in control owes no duty to adult trespassers.

When you suffer an injury at a social event on someone else’s property, you must first establish your status and the duty owed to you. You must then prove, by the weight of the evidence, that the owner or person in control of the property breached the duty required by the law in a way that resulted in your injuries.

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 Premises Liability Claims Tagged With:

Protecting Your Rights When You’re In a Car Accident on Vacation

July 15, 2024 by

Steps to Maximize Your Chances of a Full Financial Recovery

Protecting Your Rights When You’re In a Car Accident on VacationAccidents can happen anywhere and anytime, but the worst moment for a wreck can be while you’re on vacation. You may be only vaguely familiar with the area, with no idea where to go for medical attention or other kinds of help. It’s important to be careful and diligent in the moments following the accident, so you don’t jeopardize your right to recover for your losses.

Step #1—Call the Local Police

Regardless of where you are in the United States, you can always dial 9-1-1 to be directed to local police and emergency medical services. Don’t give in to the inclination to shake the whole thing off, particularly if your injuries seem insignificant or there’s little to no damage to your vehicle. Often, the most debilitating injuries are the ones that take some time to fully materialize.

Step #2—Get the Medical Care You Need

Don’t wait until your vacation is over to seek medical care. That can create a couple of potential problems. First, if you are involved in any other type of accident before you get treatment, you’ll have a difficult time establishing that your injuries were caused by the car accident. Second, even if you can establish that some injuries were sustained in the car accident, the fact that you delayed seeking medical attention allows opposing counsel to argue that your injuries were not that serious.

Step #3—Notify Your Auto Insurance Provider

Your policy may have different procedural requirements when you are involved in an accident in another state. Don’t wait until you get home to let your insurer know. Call them as soon as possible to make certain you are following all procedures.

Step #4—Gather as Much Information and Evidence as You Can

If your injuries allow, take the time to get contact information from anyone involved in the accident, as well as all potential witnesses. This will be tremendously helpful to your attorney. Don’t count on police officers gathering this information for you. Get information about insurance coverage from all drivers, and take pictures of anything that may be relevant to a personal injury lawsuit, such as your injuries, damage to the vehicles, weather conditions, or any roadway defects.

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 accident 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 Injury Claims Tagged With:

Happy 4th of July 2024

July 4, 2024 by

Independence Day

On this Independence Day, let us all aspire to those principles that make our nation great—freedom, liberty, and justice for all. We wish you a safe and happy holiday with loved ones.

Filed Under: Uncategorized

Protecting Your Rights After a Motor Vehicle Accident

June 28, 2024 by

Taking the Right Steps to Maximize Your Potential Recovery

Protecting Your Rights After a Motor Vehicle AccidentWhen you suffer any type of injury in a car, truck, or motorcycle accident, you have a right to take legal action to recover your losses. That includes any lost income resulting from your injuries, any medical expenses not covered by insurance, and any physical or mental pain or suffering caused by your injuries. You can also seek compensation for your inability to engage in activities you love (e.g., hobbies) because of your injuries, as well as your inability to have close and meaningful relationships with family members (loss of companionship or consortium).

The steps you take in the immediate aftermath of a motor vehicle accident, though, can make a big difference in your ability to recover compensation and how much you receive. Here are the most important things to do right after a crash:

  • Get the medical care you need —Before you do anything else, conduct a medical self-assessment. If you have injuries to your head, neck, or back, it’s best to wait until emergency responders arrive and defer to their expertise. Don’t risk further injury by trying to get up and move under your own power. Even if you can walk away from the accident, you should immediately seek treatment from a hospital emergency room, an urgent care facility, or your primary care physician. The longer you wait, the greater the risk of jeopardizing your claim.
  • Gather information —Don’t rely on police officers to gather necessary information about the parties to the accident or any witnesses. To the extent possible, get names and contact information for anyone involved in the accident and anyone who saw what happened. This will be tremendously beneficial to your attorney when you get ready to file a personal injury lawsuit.
  • Take pictures, if possible —You don’t need a fancy camera—your phone will do. Try to get pictures of anything potentially relevant to your claim, including all vehicle damage, your injuries, any roadway hazards or defects, and even weather conditions.
  • Hire an attorney as soon as possible —The sooner you hire legal counsel, the sooner you’ll have someone aggressively advocating for you. That can be critical when dealing with your insurance company. Your attorney will also ensure that critical evidence is preserved.

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 Injury Claims Tagged With:

Risk of Motor Vehicle Accidents Goes Up in Summer

June 25, 2024 by

A Number of Factors Contribute to Increase in Summer Auto Wrecks

Risk of Motor Vehicle Accidents Goes Up in SummerStatistics compiled by the National Highway Traffic Safety Administration (NHTSA) consistently show that the number of motor vehicle accidents rises nationwide in the summer months. Officials cite a number of reasons for the increase:

  • There are more young, inexperienced drivers on the roads —Studies show that one in every five motor vehicle accidents involves a driver under the age of 20. Younger drivers have less experience, are typically less familiar with the roads, and may not know exactly what their vehicle can do. They also tend to be more inclined to risky behaviors behind the wheel, such as joyriding, aggressive driving, and speeding.
  • There are more drivers on the roads overall, and many drivers are putting more miles on their vehicles —School’s out, so many of those younger drivers who were in school all day are now out and about. The weather’s nice, so people are more inclined to spend time outdoors, whether it’s going to the park or the beach or just out for a drive. In addition, it’s vacation time, so families are traveling more, typically traveling longer distances, and often traveling on unfamiliar roadways. When the number of total miles being driven goes up, the number of accidents increases as well.
  • Summer is the season for parties and picnics —Summer starts and ends with a holiday weekend. Whether it’s a cookout, a beach party, or a picnic, many of those gatherings involve the consumption of alcohol. It should come as no surprise, then, that the number of alcohol-related accidents also increases in the summer.

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 accident 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 Injury Claims Tagged With:

The Differences Between Motorcycle Accident Injuries and Car Accident Injuries

May 30, 2024 by

How Do Typical Injuries Differ?

The Differences Between Motorcycle Accident Injuries and Car Accident InjuriesThere are tradeoffs with taking a motorcycle on the open road. There’s a sense of freedom that you’ll never get behind the wheel of a car, and there’s nothing like the feel of the wind in your face. But it comes with a potential cost, as there’s little to protect you if you get in an accident.

The Nature of the Injuries Suffered in a Motorcycle Accident

Over the past quarter of a century, extensive research and development has made automobile travel much safer. In addition to seatbelts and airbags, many automobiles now offer electronic stability control, anti-lock brakes, backup and side-view cameras, and even collision warning systems. Most of those features are simply not available on a motorcycle.

The bottom line is that most injuries suffered in auto accidents result from impact with the interior of the car or from the effects of whiplash. Most injuries suffered by bikers come from impact with the roadway or another vehicle.

Because of the lack of protection on a motorcycle, the injuries sustained in a motorcycle wreck tend to be far more serious. Bikers are more likely to suffer traumatic brain injury (TBI) than occupants of an automobile or truck. Road rash is a common consequence of a motorcycle accident, but virtually unheard of in an auto accident. Additionally, broken bones are far more common in motorcycle accidents.

The evidence suggests that, while a helmet will not provide absolute protection against a head injury, it can reduce the likelihood of a TBI. A study reported by the National Institute of Health found that, for unhelmeted motorcyclists under the age of 40, the most common injury is a TBI, accounting for almost 30% of all injuries. When bikers of that same age wore a helmet, the incidence of TBI was reduced to 20%, whereas the likelihood of lower extremity injury was 34%.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail 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 Injury Claims Tagged With:

Not Wearing a Helmet at the Time of a Motorcycle Accident?

May 24, 2024 by

Can You Still Recover Compensation for Your Losses in New Jersey?

Under New Jersey law, if you are operating a motorcycle on New Jersey roads or riding as a passenger on a bike, you must wear a properly fitting helmet approved for use by the federal Department of Transportation.Under New Jersey law, if you are operating a motorcycle on New Jersey roads or riding as a passenger on a bike, you must wear a properly fitting helmet approved for use by the federal Department of Transportation. The helmet must have either a neck or chin strap and must have reflective tape or similar markings on both sides. What if you’re out on the road without a helmet and you’re hurt in an accident caused entirely by the wrongful act of another motorist? Will you be prohibited from seeking compensation for your losses because you weren’t wearing a helmet?

How the Failure to Wear a Helmet Affects a Motorcycle Accident Injury Claim in New Jersey

Though you can always file a personal injury claim against another person who intentionally caused you harm, as a practical matter, most personal injury claims in New Jersey are based on allegations of negligence. To establish negligence, you need to prove that:

  • The defendant (person from whom you seek compensation) failed to act reasonably;
  • The defendants failure to act reasonably caused an accident; and
  • You suffered actual losses (injuries, etc.) as a result of the accident.

The fact that you were not wearing a helmet will not automatically disqualify you from seeking and recovering damages. Instead, the jury will attempt to determine what caused the accident—was it the wrongful act of the defendant or was it some type of carelessness or negligence on your part. While the fact that you were not wearing a helmet may have contributed to the severity of your injuries, it did not actually cause the crash or your injuries. The jury may conclude, though, that your injuries would not have been as severe if you had been wearing a helmet. Accordingly, if they determine that the accident itself was caused by the defendant’s negligence or carelessness, they will likely rule in your favor. However, if they determine that your injuries would not have been as severe if you had been wearing a helmet, they may reduce your damage award.

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 accident 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 Motorcycle Accident Injury Claims Tagged With:

The Potentially Responsible Parties in a Motorcycle Accident

April 26, 2024 by

How Do You Know If You Can Sue Someone for Your Losses?

The Potentially Responsible Parties in a Motorcycle AccidentWhen you think about motor vehicle accidents, there’s a tendency to assume that there must be two drivers involved, that you have to show that another motorist caused a collision that led to your injuries. That’s not necessarily the case. Let’s take a closer look at how liability is determined in any motor vehicle accident, including a motorcycle crash.

The Basis for Liability in a Motorcycle Accident

Though you can always seek compensation from someone who intentionally harms you, as a practical matter most personal injury claims, including most motorcycle accident lawsuits, are based on the legal concept of negligence. Negligence is essentially a failure to act reasonably under the circumstances. Negligence is a centuries-old legal principle that holds that all people in society, in all their actions, must employ the standard of care that a reasonable person would. That applies to people operating a motor vehicle.

When Can You Recover Monetary Compensation from Someone with Whom There Was No Impact?

If a person’s actions were unreasonable and if those actions caused or contributed to an accident where you suffered losses, you can seek damages from that person. There are a number of situations where a person’s carelessness may cause a motorcycle accident without any impact with your bike:

  • A person serves alcohol to someone, who, in an inebriated state, causes you injury in a motorcycle accident
  • A person fails to secure materials or debris on a truck or other motor vehicle, and they fall off into your pathway, causing an accident
  • A municipality or municipal worker fails to properly maintain the roadway, leading to potholes, excessive gravel or water, broken or missing signs
  • Another motorist disobeys traffic laws, veering into your path or coming too close to your bike, causing you to take evasive action and lose control
  • A person fails to use reasonable care to design or manufacture vehicle components, either on your vehicle or some other vehicle,

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 Personal Injury Claims Tagged With:

Injured in a Motorcycle Accident Caused by Debris in the Road?

April 11, 2024 by

What Are Your Options for Recovering Compensation?

Injured in a Motorcycle Accident Caused by Debris in the Road?When you’re on a motorcycle, any type of debris in the roadway, from trash or construction materials that have fallen off a truck to a muffler or chunk of tire, can be treacherous. You may need to brake suddenly or take evasive action, which can cause you to lose control of your bike and put you at risk of serious injury. What are your options, if you’ve been in an accident caused by roadway debris, of recovering any compensation for your losses?

Can You Determine Where the Debris Came From?

If you can, you can always bring a lawsuit against the person who caused the debris to obstruct your path. Anyone who takes a car or truck on the road must use reasonable care to ensure that his or her actions don’t cause injury to others. If another motorist failed to secure a load or otherwise carelessly caused debris to fall into the roadway, that motorist can be held liable. The challenge, of course, is knowing who that person was and how to contact them. If you saw the debris fall in the roadway, or if there were witnesses, you may be able to find the driver.

When You Can’t Identify Where the Debris Came From?

Even if you can’t determine how the object came to be in the road, you may still be able to seek damages for your losses. A common approach is to pursue compensation through your own insurance company. However, you’ll need to have coverage for uninsured/underinsured motorists. That’s available in New Jersey, but typically as a rider to your policy with an additional premium. Hire an experienced personal injury attorney who knows understands the language of auto insurance policies, who can look at yours and determine whether you have any coverage.

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 accident 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 Motorcycle Accident Injury Claims Tagged With:

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