Starkey, Kelly, Kenneally, Cunningham, Turnbach & YannoneOcean County Personal Injury Attorney | Toms River NJ Accident Lawyer | Monmouth County2024-03-12T19:41:29Zhttps://www.starkeykelly.com/feed/atom/WordPressOn Behalf of Starkey, Kelly, Kenneally, Cunningham, Turnbach & Yannonehttps://www.starkeykelly.com/?p=481462024-03-11T19:43:30Z2024-03-12T19:41:29ZWeaving between lanes
Swerving or weaving between lanes can be dangerous and may raise a red flag for law enforcement officers. This erratic behavior can indicate impaired motor skills and judgment, raising suspicion of DUI.
Speeding and reckless driving
Excessive speed and reckless maneuvers are common indicators of impaired riding. Riding well above the speed limit or engaging in dangerous stunts increases the likelihood of catching the attention of law enforcement.
Ignoring traffic signals
Disregarding traffic signals can be another clear sign of impaired judgment. For example, running red lights or stop signs can lead nearby law enforcement to conclude that the rider is not currently capable of sound decision-making. Failure to obey traffic laws not only increases the risk of accidents but also draws attention to a rider's potential impairment.
Erratic braking
Abrupt or inconsistent braking patterns can signal impairment to law enforcement officers. Such behavior may indicate slowed reaction times and impaired motor coordination.
The National Highway Traffic Safety Administration reports that, in 2021, 29% of motorcyclists who died in traffic accidents were drunk at the time. This high percentage illustrates why law enforcement may be particularly observant of unusual motorcycle riding behaviors. Even so, though, it is important to know your rights when pulled over for a DUI stop.]]>On Behalf of Starkey, Kelly, Kenneally, Cunningham, Turnbach & Yannonehttps://www.starkeykelly.com/?p=481452024-02-27T01:29:16Z2024-02-28T01:28:17ZFactors contributing to distracted driving
NJ 101.5 reports that New Jersey ranks seventh in the nation for states with the most distracted drivers. Several factors contribute to the state’s high incidence of distracted driving. A key contributing factor is the widespread use of mobile devices behind the wheel. Drivers face constant temptations to check messages or browse social media. Heavy traffic congestion, urban areas and busy highways can also exacerbate distractions for drivers.
Legal implications and safety concerns
Distracted driving poses serious legal and safety concerns. In addition to risking traffic violations and fines, distracted drivers are more likely to cause accidents resulting in injuries or fatalities. Texting while driving, in particular, is a frequent cause of distracted driving accidents. This behavior takes the driver's eyes, hands and attention away from the road at once.
Preventive efforts
Addressing the distracted driving issue requires a multifaceted approach involving education, enforcement and public awareness campaigns. Public service campaigns and increased enforcement of distracted driving laws aim to raise awareness and change behaviors, which officials hope will promote safer driving habits. Technological solutions, such as hands-free devices, can also help reduce distractions on the road.
Understanding the factors contributing to distracted driving and implementing strategies to combat distractions creates safer roads for everyone.]]>On Behalf of Starkey, Kelly, Kenneally, Cunningham, Turnbach & Yannonehttps://www.starkeykelly.com/?p=481442024-02-10T20:34:54Z2024-02-13T20:34:06ZCircumstances that can lead to felony charges
A common scenario where a DUI becomes a felony is when the driver has multiple prior DUI convictions. Repeat offenders may face felony charges. This is especially likely if their previous convictions occurred within a specified timeframe. If a DUI incident results in serious injuries or fatalities, the driver may also face vehicular assault or vehicular homicide charges. Both are felony offenses.
If a driver's blood alcohol concentration exceeds a certain threshold, the driver may face enhanced penalties, including the possibility of felony charges. A high BAC level can be an aggravating factor in DUI cases, especially if it exceeds the legal limit by quite a bit.
Consequences of felony DUI convictions
The consequences of a felony DUI can be severe and life-altering. Felony DUI offenders may face substantial fines, lengthy license suspensions, mandatory participation in alcohol education or treatment programs and imprisonment. In addition to the legal penalties, a felony DUI conviction can have long-term consequences. For example, those with felonies may struggle to obtain employment, housing or professional licenses.
Per Responsibility.org, there were 21,112 DUI arrests in New Jersey in 2019. By recognizing the factors that can elevate a DUI charge to a felony, individuals can take steps to prevent impaired driving and prioritize the safety of themselves and others on the road.]]>On Behalf of Starkey, Kelly, Kenneally, Cunningham, Turnbach & Yannonehttps://www.starkeykelly.com/?p=481432024-02-07T20:24:28Z2024-02-12T20:23:32Z1. Material nonpublic information
The information in question must be both material and nonpublic. Information is material if there is a substantial likelihood it would affect the decisions of reasonable investors. Examples could include unpublished financial results, plans for a merger or acquisition, important executive changes or the gain or loss of a major contract. For information to be nonpublic, it must not yet be available to the general public.
2. Breach of duty
The second key element is that the person trading must have breached a duty to keep the information confidential. This duty may arise from a fiduciary duty owed to shareholders, an employment agreement or another special confidential relationship. For example, a CEO trading based on inside knowledge of upcoming quarterly earnings would likely breach their fiduciary duty.
3. Intent
The third element prosecutors must prove is that the person willfully and intentionally sought to exploit the confidential information for personal gain. Negligence or accidental insider trading is not enough to bring criminal charges. The prosecution must show intent to use confidential knowledge to gain an unfair advantage in trading.
Understanding these elements can help clarify this complex area of securities law. Consider how these factors might apply to your defense.]]>On Behalf of Starkey, Kelly, Kenneally, Cunningham, Turnbach & Yannonehttps://www.starkeykelly.com/?p=481422024-01-26T22:17:08Z2024-01-30T22:16:17ZDetermining fault
The first step in assessing your situation is to determine who is at fault. If another driver hits you while you are exiting your vehicle, their negligence could be a contributing factor. Keep in mind that New Jersey follows a principle of comparative negligence, meaning you may be eligible for partial compensation even if you are partially at fault.
The role of insurance
Having the right insurance coverage plays a significant role in addressing the aftermath of such incidents. Your insurance policy may cover the damages if the other driver is uninsured or underinsured. Be sure to review your insurance policy and understand the coverage details.
Collecting evidence
Gathering the right type of evidence will help you support your claim. Take photographs of the accident scene, including any damages to both vehicles. Obtain contact information from any witnesses who may have seen the incident. Providing a clear and comprehensive account of the events will strengthen your case.
Getting hit when getting out of your car can be a disorienting and utterly surprising experience. However, keeping calm and acting within your rights can help you navigate the claims process more effectively. Taking proper steps and addressing the aftermath appropriately will make it easier to secure the compensation you deserve.]]>On Behalf of Starkey, Kelly, Kenneally, Cunningham, Turnbach & Yannonehttps://www.starkeykelly.com/?p=481412024-01-18T21:06:56Z2024-01-18T21:06:56ZPoint system
New Jersey uses a point system to evaluate and record traffic violations. Speeding violations result in the accumulation of points on a driver's record.
The severity of the offense determines the number of points. Going one to 14 miles per hour over the limit is two points. It is four points for 15 to 29 mph over and five points for 30 or more mph over. Insurance companies consider these points when determining premium rates.
Risk assessment
Insurers assess risk based on various factors, and a driver's record of speeding violations raises concerns about their behavior on the road. From an insurance perspective, drivers with a history of speeding are riskier and more likely to be in accidents. As a result, insurance companies adjust premiums to mitigate the increased risk.
Insurance premium calculation
Insurance companies base premiums on the level of risk a driver presents. Speeding violations contribute to a higher perceived risk, leading insurers to charge more for coverage. Insurers consider a driver with a clean record less likely to file a claim, while a history of speeding suggests a higher probability of accidents and subsequent claims.
Legal requirements
New Jersey mandates that all drivers carry auto insurance coverage. Failure to maintain insurance can result in fines and other penalties. As insurance premiums increase due to speeding violations, drivers must still comply with legal requirements and get the necessary coverage.
Overall, the potential increase in insurance premiums adds a financial burden that extends beyond the initial ticket.]]>On Behalf of Starkey, Kelly, Kenneally, Cunningham, Turnbach & Yannonehttps://www.starkeykelly.com/?p=481402024-01-05T19:51:54Z2024-01-05T19:51:54ZGather as much information as possible
Immediately after the accident, try to gather as much information as possible. This includes the make, model, and color of the vehicle and any part of the license plate number you can remember. Also, look for witnesses who might have seen the accident and can provide statements or additional details.
Report the accident
Report the accident to the police as soon as possible. A police report is important in hit-and-run cases, as it serves as an official record of the incident. Provide the police with all the information and evidence you have gathered.
Check your insurance coverage
Review your insurance policy to understand your coverage. New Jersey requires drivers to have uninsured motorist coverage, which can provide compensation for a hit-and-run accident. This coverage can help with medical expenses, lost wages and repairs to your vehicle.
Document your expenses and injuries
Keep a detailed record of all expenses related to the accident, including medical bills, repair costs and any lost wages due to injury. Documenting your injuries and their impact on your daily life is also important. This information is essential when filing an insurance claim.
By following these steps, you can navigate the aftermath of a hit-and-run accident and seek the compensation you need for recovery and repairs. Remember, acting quickly and keeping detailed records are important in these situations.]]>On Behalf of Starkey, Kelly, Kenneally, Cunningham, Turnbach & Yannonehttps://www.starkeykelly.com/?p=481392023-12-19T01:27:31Z2023-12-19T01:27:31ZMemory and vulnerability
Human memory is a remarkable cognitive function. However, this does not always mean it is accurate. Mistaken eyewitness identifications can occur due to the malleability of memory. Stress, trauma and the passage of time can all make memories malleable. The accuracy of eyewitness accounts may suffer as memories are susceptible to distortion. This can lead individuals to misidentify suspects. It can also make them more likely to provide inaccurate details about a crime.
Lineup procedures and suggestibility
The procedures employed during police lineups can impact the accuracy of eyewitness identifications. Sometimes, cues from law enforcement officials can influence witnesses to choose a particular individual. This can occur even if the person is not the actual perpetrator. The suggestibility of eyewitnesses, combined with flawed lineup procedures, can lead to misidentifications. It can also lead to wrongful convictions. Recognizing the pitfalls in lineup protocols helps reduce the risk of incorrect identifications.
The University of Southern California reports that mistaken identifications are the primary cause of wrongful convictions in America. Also, about 70% of overturned convictions in the United States involve eyewitness errors. The prevalence of mistaken eyewitness identifications highlights the need for new procedures. It also warrants a closer look at the role eyewitness testimony plays in investigations.]]>On Behalf of Starkey, Kelly, Kenneally, Cunningham, Turnbach & Yannonehttps://www.starkeykelly.com/?p=481382023-12-15T21:49:07Z2023-12-15T21:49:07Z1. Short-term disability insurance
Check if your employer provides short-term disability insurance. This coverage can offer financial support during the initial stages of recovery, replacing a portion of lost income. Familiarize yourself with the policy terms and file a claim promptly to expedite the process.
2. State disability benefits
New Jersey offers temporary disability benefits through the state's Disability Insurance program. If you're unable to work due to a non-work-related injury, you may be eligible for these benefits. Ensure you meet the eligibility criteria and submit the required documentation promptly.
3. Family leave insurance
In addition to disability benefits, New Jersey provides FLI for those caring for a seriously ill family member or bonding with a new child. If your car accident requires extended recovery time, FLI might be an option to consider.
4. Accident insurance
About 3,166 people suffer serious injuries per year in New Jersey car accidents. Some individuals may have accident insurance as part of their auto insurance policy. This coverage may provide financial support in the event of an accident, covering medical expenses and, in some cases, lost wages. Review your policy details to understand the extent of your coverage.
5. Community assistance programs
Community organizations and charities may offer assistance to those facing financial hardship. Explore resources available in your area, such as food banks and utility assistance programs.
Navigating the financial aftermath of a car accident without the ability to work is undoubtedly challenging. By using a few strategies, individuals in New Jersey can strive to maintain financial stability during their recovery.]]>On Behalf of Starkey, Kelly, Kenneally, Cunningham, Turnbach & Yannonehttps://www.starkeykelly.com/?p=481322023-12-06T03:26:23Z2023-12-06T03:26:23ZOverall scene shots
Begin by capturing wide-angle shots of the entire accident scene. This provides an initial overview, showcasing the position and extent of damage to the vehicles involved.
Ensure that the images include street signs, traffic signals and any other relevant environmental factors. These photos serve as a foundation for understanding the broader context of the incident.
Vehicle close-ups
Move in closer to each vehicle involved and take detailed photos from various angles. Focus on the areas of impact, capturing any visible damage to the vehicles.
Do not forget to document license plates, make and model information and any identifying features. These images will serve as evidence when assessing the severity of the collision and assigning responsibility.
Skid marks and road conditions
Document any skid marks on the road, as they can offer insights into the speed and direction of the vehicles involved. Additionally, photograph road conditions, such as potholes, wet surfaces or debris, which may have contributed to the accident.
Traffic signs and signals
Photograph traffic signs and signals near the accident site. This helps establish the legal context of the accident, including speed limits, right-of-way rules and any other relevant regulations. Including these details in your documentation can provide a clear picture of whether someone broke traffic laws.
Injuries and emergency response
If there are visible injuries, document them without invading anyone's privacy. Capture images of emergency responders at the scene, including police officers or some of the 269,000 paramedic and EMT workers in America as of 2022. These photos provide context on the severity of the situation and the promptness of emergency response.
In the aftermath of an accident, a picture is worth a thousand words. By focusing on certain key areas, you can contribute to a clearer understanding of the incident and what to do next.]]>