Starkey, Kelly, Kenneally, Cunningham, Turnbach & Yannone Ocean County Personal Injury Attorney | Toms River NJ Accident Lawyer | Monmouth County 2026-07-07T03:18:20Z https://www.starkeykelly.com/feed/atom/ WordPress On Behalf of Starkey, Kelly, Kenneally, Cunningham, Turnbach & Yannone <![CDATA[5 steps to take after a hit-and-run accident]]> https://www.starkeykelly.com/?p=48326 2026-07-07T03:18:20Z 2026-07-06T15:50:25Z Move to a safer location and check for injuries If your vehicle still works, move it away from traffic when you can do so safely. Check yourself and your passengers for injuries. Even mild pain deserves attention because some injuries appear after the shock fades.

Call 911 and report the collision

Contact law enforcement as soon as possible. In New Jersey, drivers generally must report crashes involving injuries, deaths or property damage above the legal reporting threshold. A police report also creates an important record for insurance purposes.

Collect as much information as possible

While waiting for officers, take photos of vehicle damage, skid marks, debris and the area around the crash. Write down what you remember about the fleeing vehicle, including its color, make, model, travel direction and any part of the plate number. If anyone saw the crash, ask for their contact information. Nearby businesses or traffic cameras may also have useful footage.

Get a medical evaluation

A prompt exam helps identify injuries that may not feel serious right away. These can include whiplash, soft tissue injuries or internal trauma. Medical records also help connect your injuries to the crash.

Notify your insurance company promptly

Report the collision as soon as you reasonably can. Many policies include Uninsured Motorist (UM) coverage. This coverage often helps pay for covered medical care and vehicle repairs when the at-fault driver cannot be found. Each step supports the next one. Together, they help protect your well-being, strengthen the record and reduce problems during the claims process.

Why understanding your rights remains important

A hit-and-run accident often creates challenges beyond the collision itself. Questions about insurance coverage, available evidence and the identity of the other driver can make the claims process more complicated than expected. Understanding your legal rights and responsibilities can help you make informed decisions as the matter progresses. When questions arise about insurance benefits or available remedies, legal guidance can explain how the law applies to your particular circumstances.]]> On Behalf of Starkey, Kelly, Kenneally, Cunningham, Turnbach & Yannone <![CDATA[How do New Jersey’s red flag gun laws work?]]> https://www.starkeykelly.com/?p=48323 2026-06-30T14:16:14Z 2026-06-30T14:12:12Z What is an Extreme Risk Protection Order? An Extreme Risk Protection Order (ERPO) is a civil court order, not a criminal charge. Its purpose is to create a temporary "time out" by removing access to firearms when there is credible evidence of impending harm. If a judge grants the order, the named person must surrender all their firearms and their firearms purchaser identification card to law enforcement, thereby temporarily removing the weapons.

How does the ERPO process begin?

The ERPO process begins when someone files a petition with the court. In New Jersey, the following individuals can file this petition:
  • A family member
  • A household member
  • A law enforcement officer
The petitioner must provide evidence alleging the person poses a significant danger of bodily injury. This evidence can include a history of threats, violent acts or other behavior indicating a risk of self-harm or harm to others. Filing the petition initiates the legal process.

What happens after a petition is filed?

The legal process for an ERPO typically involves two stages. First, a judge reviews the petition and may issue a Temporary Extreme Risk Protection Order (TERPO). This short-term order requires a final hearing within 10 days. At that hearing, the person has the right to present evidence and contest the order. The judge then decides whether to issue a Final Extreme Risk Protective Order (FERPO), which can remain in effect until the respondent successfully petitions the court to terminate it.

Understanding the ERPO hearing process

The effects of a final ERPO are significant, involving the loss of firearms and the right to purchase them. Because these orders directly affect constitutional rights, a person facing an ERPO must understand the specific standards of proof and court procedures. At an ERPO hearing, a person can present evidence and challenge the claims made in the petition. Protecting one's rights under New Jersey law requires properly addressing these claims in court.]]> On Behalf of Starkey, Kelly, Kenneally, Cunningham, Turnbach & Yannone <![CDATA[Could a legal firearm in a vehicle lead to gun charges?]]> https://www.starkeykelly.com/?p=48321 2026-06-29T23:43:51Z 2026-06-29T23:43:51Z When the firearm is not secure New Jersey generally requires that people transporting firearms take a few simple steps to comply with the law. First, they should unload the weapon. Second, they should secure it in a locked compartment, typically the trunk. Some people, such as farmers who drive pickup trucks, may have specialized lock boxes installed in their vehicles due to the lack of a standard locking trunk. Drivers generally should not have firearms loaded and within arm’s reach. The only time it is lawful to have the firearm in the cab of the vehicle is when the owner of the firearm has a concealed carry permit. Without the right state paperwork, even driving the firearm to a shooting range could potentially lead to criminal prosecution. Anyone accused of a weapons offense may need help understanding the law and the penalties they could face, as well as planning a response when the case goes to trial. Working with a criminal defense attorney can help those accused of weapons offenses plan an appropriate defense strategy accordingly.]]> On Behalf of Starkey, Kelly, Kenneally, Cunningham, Turnbach & Yannone <![CDATA[What parents need to know about juvenile charges]]> https://www.starkeykelly.com/?p=48320 2026-06-17T14:42:46Z 2026-06-17T14:42:46Z A parent who hears that their child is facing juvenile charges will often feel stressed and feel that the child’s entire future is going to be negatively impacted. While it’s true that juvenile charges are serious, they’re much different from adult charges.  In the juvenile justice system, the focus is on accountability, supervision and rehabilitation, but there are still specific consequences that will occur. Understanding the basics of the juvenile justice system may be beneficial for parents in this position. 

What leads to a child being involved with the juvenile justice system?

A juvenile matter can be the result of a variety of situations. These can include things like theft, assault, property damage, drugs, weapons or threats. Referrals into the juvenile justice system often begin with an arrest, contact with the police or an incident at school.  Once a child is involved with the juvenile justice system, the parent may receive instructions and notices that require prompt attention. These will often come with specific requirements or court dates, so reading every document is critical. 

What happens during the juvenile justice process?

Juvenile court proceedings can vary, but they typically involve intake reviews, hearings, possible detention decisions or other court-ordered sentences. The court can give the child a curfew, require them to attend school, participate in counseling, complete community service or avoid certain people. While these may mean significant changes for the household, it’s important to follow the requirements. Parents who have children involved in the juvenile justice system should ensure they get their child the assistance they need. Working with someone familiar with these situations may be beneficial for the parents and the juvenile.   ]]> On Behalf of Starkey, Kelly, Kenneally, Cunningham, Turnbach & Yannone <![CDATA[3 reasons tourists are at increased risk of a car crash]]> https://www.starkeykelly.com/?p=48319 2026-05-30T14:01:29Z 2026-05-30T14:01:29Z 1. Navigation-related distraction People who are unfamiliar with the area often rely on navigation software to reach their hotels and other destinations. Regardless of whether they use GPS software in their phones or built-in navigation support systems, that technological support is a source of serious distraction.

2. Fatigued driving

People on road trips may have been behind the wheel for far longer than is safe. Even those who are only on the road at the beginning and end of each day of their trip may have gone a substantial time since they slept well. Fatigue affects decision-making capabilities, reaction times and even the ability to focus.

3. Impaired driving

Many people celebrate their vacations with their favorite cocktails or a local beer. Those who have had too much to drink often feel compelled to drive back to their hotels, which can lead to serious, preventable collisions. Both tourists involved in collisions caused by other drivers and local residents injured by tourists may need help pursuing compensation after a motor vehicle collision, and that’s okay. Identifying and accounting for tourism-related risk factors can help people optimize their safety in traffic and hold the right people responsible after a crash.]]> On Behalf of Starkey, Kelly, Kenneally, Cunningham, Turnbach & Yannone <![CDATA[Can carrying a drink at the Shore get you in trouble?]]> https://www.starkeykelly.com/?p=48318 2026-05-25T15:32:13Z 2026-05-25T15:32:13Z Common beach and public alcohol situations Not every alcohol-related offense involves drunk driving or an arrest. In many beach communities, routine vacation behavior may still lead to police contact or municipal court charges. Common examples include:
  • Drinking alcohol on beaches where local ordinances prohibit it
  • Carrying alcohol on boardwalks or public streets
  • Keeping open containers in parked or moving vehicles
  • Drinking in parking lots before going to the beach or an event
  • Possessing or consuming alcohol while underage at rental homes or parties
  • Engaging in alcohol-related conduct that leads to disorderly behavior allegations
A police encounter may begin with a municipal citation, but additional allegations or related conduct can affect how the matter proceeds.

What visitors do not always expect

A vacation weekend in a Shore town can sometimes lead to alcohol-related citations that carry consequences beyond the initial ticket. Visitors may assume the matter will end with a fine, but that is not always the case. Possible consequences may include:
  • Returning to the area for a required court appearance
  • Paying fines or other court-imposed penalties
  • Facing school disciplinary concerns as a student
  • Addressing questions during employment-related background checks
  • Dealing with additional charges connected to the same incident
A public alcohol offense during a vacation weekend may create issues that continue after the trip is over.

When a citation may involve more than a fine

If you receive an alcohol-related citation during a beach trip or vacation weekend, it may seem like a minor issue in the moment. But the details of the charge and the circumstances surrounding the incident can affect what happens next. In some situations, what starts as a public alcohol offense may involve court obligations, related charges or other legal consequences. Depending on the circumstances, you may consider getting legal advice to better understand the charge and what it may involve.]]> On Behalf of Starkey, Kelly, Kenneally, Cunningham, Turnbach & Yannone <![CDATA[How to approach the claim process after a car accident]]> https://www.starkeykelly.com/?p=48317 2026-05-22T12:50:23Z 2026-05-22T12:50:23Z The period after a car accident can feel confusing and stressful, especially when injuries, vehicle damage and insurance companies become involved. Many people are unsure how the claims process works or what steps they should take first. Understanding how to approach an insurance claim properly can help protect your financial interests and improve your chances of receiving fair compensation.

1. Report the accident immediately

One of the first steps after an accident is notifying the police and your insurance company. A police report creates an official record of the incident and may help support your version of events later. You should also contact your insurer promptly, even if another driver appears responsible for the crash. Delays in reporting can sometimes create complications during the investigation process.

2. Gather strong supporting evidence

Successful claims often depend on the quality of the evidence collected after the accident. Photographs of the vehicles, road conditions, injuries and how the surrounding area looks can strengthen your claim. Keep copies of medical records, repair estimates, receipts and any communication with insurance representatives. 

3. Understand how insurance investigations work

Insurance companies usually assign an adjuster to review the accident. The adjuster may inspect damage, review police reports, examine medical expenses and evaluate liability. During this process, remain careful when discussing the accident and provide accurate facts without speculating about fault or minimizing injuries before medical treatment is complete.

4. Prepare for settlement discussions

Insurance companies may offer a settlement after reviewing the claim. Before accepting any payment, review whether the amount covers medical costs, lost income, future treatment and vehicle repairs. Some claims require additional negotiation when injuries are serious or when liability remains unclear between drivers.

5. Moving forward after the claims process

Car accident claims can take time, especially when injuries or disputed facts are involved. Staying patient, organized and informed can help reduce unnecessary setbacks during the process. Individuals facing denied claims, severe injuries or settlement disputes may benefit from seeking reliable legal guidance to better understand their rights and available options.  ]]> On Behalf of Starkey, Kelly, Kenneally, Cunningham, Turnbach & Yannone <![CDATA[Hidden injuries after a car accident: Symptoms you shouldn’t ignore]]> https://www.starkeykelly.com/?p=48315 2026-05-06T20:43:41Z 2026-05-06T20:37:45Z In the immediate aftermath of a car accident, most people focus on the immediate concerns: vehicle damage, exchanging insurance information and checking whether anyone is seriously injured and needs immediate medical attention. However, not all injuries are immediately apparent. Some can take hours or even days to fully develop. Recognizing these “hidden injuries” is essential to protecting your health.

Why symptoms may be delayed

Immediately after a crash, your body releases adrenaline and other stress hormones that can temporarily mask pain. This natural response can make you feel like you’re okay, even if you’ve sustained an injury. As the effects of the hormones wear off, symptoms may begin to emerge.  But many people dismiss these delayed warning signs or assume they're minor issues that will soon go away. This rationale can lead to complications later. Traumatic brain injuries (TBIs) are one of the most concerning delayed conditions. Even without a blow to the head, the force of the collision can cause the brain to move within the skull. You may initially feel fine, but soon develop headaches, dizziness, confusion or sensitivity to light and noise in the days that follow. Even a mild concussion can have lasting effects if it’s not treated. Soft tissue injuries, such as whiplash, are also often overlooked. These injuries are often the result of rear-end collisions, which cause the sudden back-and-forth motion of the neck. Symptoms like stiffness, reduced range of motion or persistent neck and shoulder pain may not appear immediately, but if left untreated, may continue to worsen. Internal injuries are particularly dangerous. Internal bleeding or organ damage may present gradually with abdominal pain, deep bruising or shortness of breath. These conditions can quickly become life-threatening, so you should take any unusual physical changes after an accident seriously. It’s absolutely vital to seek medical care as soon as possible after a car accident, even if you have no obvious symptoms. Early evaluation helps identify injuries before they worsen and improves your outcome.  A medical evaluation also creates a clear record linking your condition to the crash. By delaying treatment, the insurance company may argue that your injuries are unrelated or less serious than you claim. Taking these steps early helps ensure you protect both your health and your legal rights.  ]]> On Behalf of Starkey, Kelly, Kenneally, Cunningham, Turnbach & Yannone <![CDATA[Accused of a DUI crime? Immediate defense steps to take]]> https://www.starkeykelly.com/?p=48314 2026-04-27T19:38:42Z 2026-04-27T19:38:42Z Being accused of driving under the influence can be stressful and confusing because the situation often unfolds quickly, leaving you unsure of what to do next. Taking the right steps early can protect your rights and improve your outcome. Staying calm and informed is essential as you begin to handle the situation responsibly.

Remain calm and cooperate carefully

Your behavior during and after the incident matters. Stay respectful and avoid arguments or sudden actions that may worsen the situation. When required, provide identification and follow basic instructions. At the same time, be mindful of what you say and avoid making statements that could be misunderstood.

Understand the charges against you

After the incident, take time to understand the exact nature of the charges and what they are based on. Did you fail a test or were the charges based on how the police say they saw you driving? Is it a DUI only or are there additional charges associated with it? Knowing what you are being accused of helps you prepare your response. It also allows you to identify any inconsistencies in how the situation was handled.

Review the details of the traffic stop

The circumstances of the initial stop are also important because authorities must have a valid reason to stop your vehicle in the first place. Think about what happened before and during the stop. Take a mental note of details such as location, timing and officer conduct because they can become relevant later.

Examine testing procedures

DUI cases often rely on field tests or chemical testing, which must be carried out correctly to be considered reliable. If procedures were not followed properly, the results may be questioned.

Follow all legal and administrative requirements

You need to meet deadlines related to your driving privileges or court appearances because missing these steps can lead to additional consequences. Stay organized and keep copies of all documents. By being proactive, you stay in control of the situation.

Final thoughts

Facing a DUI accusation can feel overwhelming, but early action makes a difference. However, understanding the process and protecting your rights should be your priority. Seeking reliable legal guidance can help you navigate the complexities of the case and make informed decisions about your next steps.]]> On Behalf of Starkey, Kelly, Kenneally, Cunningham, Turnbach & Yannone <![CDATA[Juvenile detention: How to argue for the release of your teenager]]> https://www.starkeykelly.com/?p=48302 2026-04-15T11:37:59Z 2026-04-15T10:46:40Z What is “juvenile detention” in New Jersey? After your teenager's arrest, the court may decide to place them in a secure facility. This does not automatically mean a criminal sentence. It is a temporary placement while the court reviews the case. The court orders detention if it believes your teen may not return for future court hearings or poses a risk to public safety. However, it may consider release if you can show that your teen will comply with court requirements during the case.

What factors do courts consider when evaluating release requests?

When deciding whether to release your teenager, the court looks at several key factors. The judge may consider:
  • The severity and circumstances of the charge
  • Your child's adjudication history
  • Whether your teenager poses a documented threat to the community
  • The likelihood that your child will fail to appear in court  if released
  • Your family's ability to provide a stable environment
Understanding these considerations can help you present information that supports your teenager’s release.

What evidence should be included in a release request?

The court’s decision depends on whether there is "reasonable certainty" your teen will appear at court hearings after release. Strong evidence of stability and support can help the court make that decision. This may include proof of school enrollment, attendance records and letters from teachers or counselors. If your teenager participates in extracurricular activities or community programs, you may also include these. You may also provide structured plans for supervision, such as a proposed schedule for parental monitoring. In New Jersey, the court is also encouraged to assess whether community-based alternatives are applicable.

Handling your teen’s juvenile detention case

Facing your teenager's detention is one of the most difficult experiences a parent can endure. Fortunately, the juvenile justice system in New Jersey recognizes that detention should be a last resort. Courts prefer to keep families together when it is safe to do so. Having a knowledgeable advocate can help you navigate this challenging time.]]>