COVID-19 Notice: Gersowitz Libo & Korek, PC is fully-operational during the COVID-19 global pandemic. We continue to handle cases and operate remotely, in accordance with mandated safety guidelines. We are available by phone, email or video conference to discuss your case.
Read More from Our Partners


over 960 million recovered for our clients

Helping New York and New Jersey Injury Victims for over 30 Years.


Daniel Batista Killed In Hamilton Car Accident After Van Overturned On Interstate 295

Daniel Batista of Ridgewood, New York Died In Hamilton, New Jersey Accident After Van Carrying 14 People Overturned On Interstate 295

Daniel Batista Died In Hamilton Car Accident After Van Rolled Over 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.

This accident raises a number of important questions. 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.

Comments are closed.

Client Testimonials

A few years ago I was misdiagnosed and nearly ended up becoming a quadriplegic. Three spinal fusions followed. I asked my sister, a top D.C. lawyer, to find the name of the best personal injury lawyer in NYC, and I was referred to Jeff Korek of... Gersowitz Libo and Korek. It was a tough time for me, but Jeff and Irene were great and helped me through it every step of the way. They were compassionate, understanding and very accommodating, yet professional and always with their fingers on the pulse. They really care about the welfare of their clients, and not just money driven. When I was unable to travel, Jeff came to me, and I live an hour from the city. This firm is well known, well established, and has earned the respect and credibility among its peers. I highly recommend the firm of Gersowitz Libo and Korek without hesitation and, in fact, I already have. My thanks go out to the entire team for a better than expected outcome!!! They get a 5 out of 5 stars from me!!read more
Mary S.
They were incredibly professional and pleasant to work with. They made the personal injury process straightforward and easy to navigate. I appreciated their...
Lindsay L.
La mejor firma de abogados, muy profesionales, excelentes persona, todo el tiempo estuvieron pendientes de mi y mis necesidades, estoy muy agradecida con ellos.
Maricela O.
Ed Gersowitz and all his colleagues at the firm Gersowitz Libo & Korek, PC far exceeded all my expectations for a personal injury law firm. From the moment...
Robin F.
Thank you to the team at Gersowitz Libo & Korek, and especially to our wonderful attorney Anthony Makarov. Mr. Makarov was our trial attorney who took our...
Amy L.
Jeff and Michael are both very professional and helpful towards my case. I would like to thank the team and Irene, the assistant, for all their help despite the length of time that the case took. They took a lot of care and were patient with... answering any inquiries that I more
Cindy C.
I am giving this law firm 6 out of six thumbs up. Very professional very personal and compassionate staff. From the Attorneys to the staff they were all...
Anthony C.
From beginning to end we were comfortable with the team at GLK. Thank you Mr. Gersowitz (Ed) for obtaining a settlement out of court.
Donna L. S.
Thank you to the team at Gersowitz Libo & Korek and special thanks to attorney Daniel, Avi and Annette for all your help on my case. Dealing with the law...
Hazel M.
I was injured in 2011 and spent nearly 8 years with Ed Gersowitz and Jeff Korek. Their professionalism and care was beyond. The process was long and at times exhausting but Ed. Jeff and their team made me feel comfortable and in great hands. I... can't thank them enough and would highly recommend GLK to all. Thank you for all your help!read more
Jeremy N.
section start
Need Help with an Injury? We're Here to Help. Contact Us Today:
  • Disclaimer | Privacy Policy

  • This field is for validation purposes and should be left unchanged.