Daniel Batista of Ridgewood, New York Died In Hamilton, New Jersey Accident After Van Carrying 14 People Overturned On Interstate 295
MERCER COUNTY, NEW JERSEY (October 1, 2021) – A man from New York City identified as Daniel Batista has tragically died in a car accident after a van veered off Interstate 295 and rolled over.
Hamilton Township police officials are saying that the collision took place around 3:20 p.m. on Wednesday, September 29th. Daniel Del Carmen Marmol Batista, 55, was in a van with 13 other people traveling down Interstate 295.
Witnesses are saying that the van veered off the highway before striking a guardrail. The force of the impact caused the van to slide back onto the road before overturning.
A total of four people were ejected in the crash. Daniel Batista died due to the severity of his injuries. A 47-year-old woman and a 19-year-old man were hospitalized with major injuries.
It remains unclear what may have caused the van to veer off of the freeway. A full investigation into the crash that killed Daniel Del Carmen Marmol Batista remains ongoing at this time.
Liability In Hamilton, New Jersey Van Accidents
Rollover crashes are among the most deadly types of collisions that a person can be involved in. They account for only a small portion of all accidents, but a large total of all crash fatalities. According to the NHTSA, nearly 30% of all passenger vehicle fatalities involve rollover collisions. The highest portion of fatalities occur with light trucks. There are many different factors that could potentially cause a vehicle to roll over.
- Tire blowouts can cause a car to become unstable.
- Vehicles with a high center of gravity such as SUVs and Vans are more likely to roll over.
- Excessive speed can make vehicles unstable and make rollover collisions more likely.
- Overly sharp turns can lead vehicles to roll over.
- Cargo shift on commercial trucks can also cause rollover accidents.
All drivers in New Jersey must exercise due care to avoid causing collisions. This includes obeying speed limits. According to New Jersey Motor Vehicle & Traffic Regulation 39:4-97, “A person who drives a vehicle carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of careless driving.” When a driver fails to exercise due care and causes an accident due to their carelessness they could be held liable in the event of a collision.
Depending on the specific facts of any case, liability for a crash could extend beyond any driver. For example, the company that owned any van involved in a crash could be liable for an accident. Generally speaking, companies are liable for the negligent actions of their employees. This is true insofar as the negligent act fell within the course and scope of the worker’s employment. There are a number of steps that should be taken after any car accident.
- Photos of the accident site should be taken.
- Surveillance footage of the accident should be sought.
- Medical records related to the accident should be preserved.
- Work records of any commercial driver should be examined.
The family of any victim that died in a car accident with a negligent driver may be able to seek justice through N.J. Stat. § 2A:31-1. This is New Jersey’s wrongful death statute. It provides that a claim can be made in the event that there is a “wrongful act, neglect or default.” Damages in a civil claim can help cover lost wages, medical bills and funeral costs. A New Jersey wrongful death attorney can examine all of the unique facts of your case and get to the bottom of what caused a collision.
Investigating The Hamilton, New Jersey Van Accident
We at Gersowitz Libo & Korek, P.C. extend our deepest condolences to the family of Daniel Batista. It is our sincere hope that all of the other victims will be able to make a full recovery. There needs to be a thorough investigation into what may have went wrong. Rollover collisions are nearly always preventable with careful driving and proper vehicle maintenance. Did the driver of the van get adequate sleep? Were they properly licensed? Were they distracted? Were there any forms of mechanical failure with the vehicle? Any person that may have witnessed the crash should come forward and speak with police about what they know.
Do you need more information about an accident that took place in Hamilton? Our team of personal injury attorneys are here to answer any questions that you may have. We are committed to helping accident victims get the information and support that they are owed under the law. Whether you just have legal questions or need a free, independent investigation into an accident we are here for you. You can reach out to us anytime at (516) 908-9792.