Devlin, Cittadino & Shaw, P.C.Trenton Personal Injury Lawyers | Devlin, Cittadino & Shaw, P.C.2024-03-05T14:25:54Zhttps://www.dcs-law.com/feed/atom/WordPress/wp-content/uploads/sites/1103092/2023/04/cropped-favicon-devlin512-32x32.pngOn Behalf of Devlin, Cittadino & Shaw, P.C.https://www.dcs-law.com/?p=569902023-12-12T01:28:01Z2023-12-12T01:28:01ZErratic driving behavior
One of the most evident indicators of a drunk driver is erratic driving behavior. If you notice a vehicle swerving between lanes or making abrupt lane changes without signaling, it could be a red flag. Keep a safe distance and report the vehicle to local authorities.
Excessive speed or slow driving
Intoxicated drivers often struggle to maintain a consistent speed. Some may drive significantly slower than the speed limit, while others may exhibit dangerous speeding. If a vehicle is traveling at an unusually fast or slow pace, it could be an indication of impaired driving.
Ignoring traffic signs and signals
A drunk driver may disregard traffic signs and signals, posing a threat to themselves and others on the road. Watch for drivers who fail to stop at stop signs, run red lights or exhibit confusion at intersections. These actions may signal impaired judgment and coordination.
Inconsistent braking
Impaired individuals may struggle with motor skills, affecting their ability to brake appropriately. Look for vehicles that brake excessively, erratically or too late. Such behavior can be a sign of impaired reflexes and decision-making.
Unusual nighttime driving
Drunk driving incidents often occur at night, especially during the holiday season. Be cautious of vehicles with inconsistent or absent headlights, as impaired drivers may forget to turn them on or struggle with their visibility.
Report suspected drunk driving
Drivers with a blood alcohol concentration of .08 or more are exponentially more likely to cause an accident. Around 31% of U.S. crash fatalities involve drunk driving.
Dial 911 or contact local law enforcement immediately if you suspect someone is driving drunk, providing details about the vehicle, its location and observed behaviors. By taking proactive steps to identify and report potential drunk drivers, you can contribute to creating safer roads for everyone during the festive season and beyond.]]>On Behalf of Devlin, Cittadino & Shaw, P.C.https://www.dcs-law.com/?p=569882023-11-16T19:42:13Z2023-11-16T19:42:13ZCommon worksite risks
Construction workers often deal with heights, heavy machinery and hazardous materials. Falls from scaffolding and ladder accidents are unfortunately common. Electrical hazards also pose significant risks. Similarly, warehouse workers face dangers like lifting injuries and slips on wet or uneven surfaces. Forklifts can injure operators and other workers on the floor. Finally, repetitive motion injuries can impact both construction workers and warehouse employees.
Workers' compensation benefits
In New Jersey, workers' compensation benefits cover the cost of necessary medical treatment, prescriptions and hospital services. Employees who cannot work for more than seven days due to their injury may receive temporary total benefits. These benefits typically amount to 70% of their average weekly wage. Permanent partial and permanent real benefits are available for those with lasting disabilities as well.
Filing a benefits claim
To obtain worker's compensation benefits, the injured employee should notify their employer about the injury. This notification can be oral or written. If medical treatment is necessary, the employee should inform the employer. The employer's workers' compensation insurance carrier then evaluates the claim. After recovery, the insurance carrier submits an injury report to the Division of Workers' Compensation.
Appeals and dispute resolution
Disputes regarding benefits claims can arise. These can involve issues like the nature of medical treatment or the payment of temporary disability benefits. In such cases, workers can file a formal Claim Petition or an Application for an Informal Hearing with the Division of Workers' Compensation. Workers can represent themselves or seek professional representation in these proceedings.
Understanding worksite injuries and the role of workers' compensation is beneficial for employees in the construction and warehouse industries in New Jersey.]]>On Behalf of Devlin, Cittadino & Shaw, P.C.https://www.dcs-law.com/?p=569862023-10-24T02:18:43Z2023-10-24T02:18:43ZHoliday contributions
With holiday celebrations, family gatherings and New Year's festivities, alcohol consumption tends to rise. Unfortunately, this often leads to impaired individuals taking to the roads, putting themselves and others at risk. Drivers must be aware around holiday periods when impaired drivers may be more likely to be on the roads.
The role of bartenders
There is another layer to winter drunk driving, and that is the role of people who could help make the situation worse or make it better. Bars and bartenders play a significant role in ensuring their patrons' safety.
Bartenders are the frontline defense against over-serving patrons. New Jersey law strictly prohibits serving alcohol to individuals who are visibly intoxicated. This is also a moral and ethical obligation that helps to keep the roads safe.
The consequences of over-serving are far-reaching and devastating. Accidents caused by drunk driving can lead to injuries, loss of life and a profound impact on victims and their families. When bars and bartenders neglect their duty to monitor the alcohol intake of patrons, they become unwitting enablers of potentially catastrophic events.
In addition to refusing to over-serve, responsible bartenders should also monitor customers who have been at the bar for an extended period, especially if they have been drinking heavily. Offering alternatives like non-alcoholic beverages or arranging a safe ride home can make a substantial difference in preventing drunk driving accidents.
Moreover, bars should take active measures to train their staff on responsible alcohol service. This education equips bartenders with the knowledge and skills to recognize signs of intoxication and act accordingly.
Personal responsibility
Individuals who choose to drink should do so responsibly. They must designate a sober driver or utilize rideshare services to get home safely. Community awareness campaigns, along with strict law enforcement, further contribute to the deterrence of drunk driving.
As winter approaches and the holiday season beckons, it is essential for everyone to be vigilant and responsible. While bars and bartenders share in the responsibility, ultimately, the decision to drink and drive is a choice made by individuals.]]>On Behalf of Devlin, Cittadino & Shaw, P.C.https://www.dcs-law.com/?p=569842023-09-12T20:38:03Z2023-09-12T20:38:03ZConstruction workers
Construction plays an important role in the state's infrastructure even though the job itself is fraught with dangers.
From working at great heights to handling heavy machinery, the risks in a construction job are abundant. Falls, accidents with equipment and exposure to hazardous materials are constant concerns. Strict safety measures and training are essential to mitigate these risks.
Truck drivers
Truck drivers are the backbone of transportation in New Jersey, delivering goods across the state. Unfortunately, spending long hours on the road poses significant risks. Fatigue, traffic accidents and exposure to the elements are common hazards for truck drivers. Staying alert and adhering to traffic laws are crucial to their safety.
Police officers
Protecting and serving the community is a noble profession, but it comes with its share of dangers. Police officers face potential harm every day while maintaining law and order. They confront criminals, respond to emergencies and deal with unpredictable situations. Proper training and access to protective gear are essential to minimize these risks.
Firefighters
Firefighters often rush into burning buildings to save lives and property. Their job is exceptionally perilous, as they confront flames, smoke and collapsing structures. Heat exhaustion, burns and smoke inhalation are constant threats. Rigorous training and specialized equipment are key for their survival.
New Jersey offers diverse employment opportunities. If you suffered an injury at work, learning more about workers' compensation is one option you may want to explore.]]>On Behalf of Devlin, Cittadino & Shaw, P.C.https://www.dcs-law.com/?p=562202023-03-15T07:44:16Z2023-03-15T07:44:16ZSuing the truck driver who caused your accident
Even though you might be stressed out right now, there is hope for your future. If you’re able to successfully pursue a personal injury lawsuit, then you might be able to recover the compensation that you need to offset your damages and spur your recovery forward. However, merely filing a claim against the trucker who caused your wreck is probably going to be insufficient.
This is because your injuries may result in a significantly sized judgment. But being awarded compensation via court order and actually recovering that money are two different things. And the truth of the matter is that many truckers simply don’t have the financial resources to pay these sorts of massive judgments. That can leave you stranded without the financial resources that you need.
Why you need to consider suing the truck company, too
Fortunately, there’s a strong likelihood that you’ll also be able to take legal action against the company that employs the trucker. This is because employers can be held accountable for the negligent actions of their employees so long as they are deriving some benefit from their employee’s actions at the time of the accident.
Therefore, in order to prove your case against a truck company, you’ll have to show the following:
The trucker was on the clock and being paid by the truck company at the time of the accident
The trucker was performing their job duties when the wreck occurred
The truck company was receiving a benefit from the trucker’s driving at the time of the wreck, such as by distributing goods in accordance with a contract
There may be other ways to impose liability on a truck company, too. For example, if the truck in question was improperly maintained and wasn’t routinely inspected as is required by federal safety regulations, then you might be able to use that information to support your claim.
The key here is to be diligent in analyzing the facts of your case. Also, you’ll want to anticipate the truck company trying to shift the blame back onto the trucker, onto a third-party, or even onto you. Don’t let that happen.
Be ready to fight for the outcome you deserve
There’s a lot at stake in your personal injury case. If you inadequately present evidence on your claim, then you ultimately could be left without the financial resources that you need and deserve.
To avoid that from happening, you might want to work closely with a legal professional who knows how to competently navigate these sorts of claims. Hopefully then you can recover the compensation that you need to allow you to focus on your recovery.
]]>On Behalf of Devlin, Cittadino & Shaw, P.C.https://www.dcs-law.com/?p=562172023-03-13T14:05:37Z2023-03-14T14:04:08Ztrespassers are barred in some way or another from recovering, except for children. And, in this post, we will focus on Trenton, New Jersey, children.
Limitations
Of course, owners are not fully liable for every injury that occurs on their property. Property owners generally have limited liability to trespassers, when a danger is open and notorious and several other categories.
Attractive nuisances
Children are a special category for premises liability, and if you own a pool, trampoline, etc., you should take note. Children are treated differently because they are not expected to act like adults. They are not expected to know that they are trespassing or be held accountable for trespassing. And, if property owners have things that could attract them, like pools, trampolines, etc., these are called attractive nuisances, which bring additional liability to property owners.
If the property owner has an attractive nuisance on their property that could harm or kill a child, they must reduce that danger to children. In practice, this, usually, means putting up a fence according to local code. If the property owner fails to do this, they are liable for the consequences.
The takeaway
For our Trenton, New Jersey, readers, the main takeaway is that if your child is injured on a property, you have options, even if the child should not have been on the property. If that person was a child, and that child was trespassing, contact a local attorney.]]>On Behalf of Devlin, Cittadino & Shaw, P.C.https://www.dcs-law.com/?p=562152023-02-24T14:09:00Z2023-02-28T14:07:24ZNew Jersey dog bite law
Under New Jersey Statutes section 4:19-16, if a dog bites a person while the person is lawfully on someone’s private premises or on public property and they are injured as a result, the dog’s owner is strictly liable for the person’s injuries. As long as the dog bite victim was not trespassing or provoking the dog, they generally will not be held responsible for the attack.
Strict liability means the dog’s owner can be held responsible for the injuries their animal inflicts, even if their dog never acted viciously in the past and even if they did not know their dog might be vicious.
This may seem a bit confusing at first. If you own a dog, how are you supposed to know that your dog could behave viciously? Well, dogs are animals and like other animals, they have some tell-tale signs that they might behave aggressively.
The dog is hyper-focused on the person its aggression is directed at or, conversely, is trying to avoid that person
The dog’s ears are pointed forward or up
The dog is whining, growling or barking at a high pitch
The dog is circling or jumping up on the person its aggression is directed at
The dog is licking its lips or yawning
The dog is ducking down
Some people believe certain “dangerous” dog breeds are more prone to bite, and that owners of these dogs should be prepared for such a possibility. But a dog of any breed can bite, and sometimes, it is the “gentler” breeds that end up biting the most.
Dog owners are responsible for their pets
It is up to a dog’s owner to keep their pet under control. This includes recognizing signs that their dog might bite. Even in the absence of these signs, a dog’s owner can still be held responsible for injuries their animal inflicts on someone else.]]>On Behalf of Devlin, Cittadino & Shaw, P.C.https://www.dcs-law.com/?p=562132023-02-13T18:22:00Z2023-02-14T18:20:36ZStudy reports adverse events still an issue in hospitals
The study published in the New England Journal of Medicine examined over 2,800 hospital admissions in Massachusetts in 2018. Nearly 24% of patients studied suffered an adverse event during hospitalization.
The most common adverse event was medication errors. Surgical errors were the next most common adverse event. Adverse patient-care events were the third most common adverse event. Finally, hospital-acquired infections were the fourth most common adverse event.
Of those adverse events, approximately 23% were deemed to be preventable and approximately 32% were considered severe, meaning that the harm required substantial medical intervention or resulted in a prolonged recovery. One person studied lost their life.
The study concluded that patient safety is still an important issue that hospitals need to work to improve.
Preventable errors and medical negligence
Preventable errors made by hospital staff might be considered acts of medical negligence. A physician is negligent if they breach their duty of care to their patients.
Physicians are expected to provide the same level of care that a physician with a similar education under similar circumstances would exert. If a physician deviates from this standard, and a patient is harmed, the patient may have a cause to pursue a medical malpractice claim.]]>On Behalf of Devlin, Cittadino & Shaw, P.C.https://www.dcs-law.com/?p=562062023-02-01T18:19:54Z2023-01-31T18:18:21ZYou may have incurred consequences as a result. That is why this post is devoted to preparing for just such an inevitability.
Preparation before the crash
Before a car accident, you should prepare for a Trenton, New Jersey, motor vehicle accident. The best prep you should have ready to go is a dashboard camera. It should be set up and recording before you hit the road every day. Ideally, it should record 360 degrees, but if you cannot afford a full 360-degree camera, a front or rear camera is okay. If that is too expensive, one that at least covers the front is better than nothing because a camera is better than no camera.
Step one
Check yourself and everyone in your car for injuries. If everyone is okay, quickly take a video with your phone of the immediate aftermath of the accident scene. However, if you already have a dashboard camera, this is just to make sure you have a backup.
Step two
Unless it is unsafe to get out of your car, check to see if it is safe to move your car. Turn your hazards on, and then move your car to the side of the road, which is a safer location.
Now that you are in a safer location, call 9-1-1; give them your location; ask for the police, an ambulance and the fire department; if you see smoke or liquids draining from your vehicle or any other vehicle, let them know there has been a severe car accident. Give them your name, contact information, and that you need to go care for the injured people in your car. Then, disconnect the call.
Be careful not to give too much information. Do not stay on the line too long unless there is someone in the car who is severely injured, and you need their help to provide first aid. Otherwise, that dispatcher may be looking for a reason to not dispatch first responders.
Step Three
The final stage is documentation. You need to get the Trenton, New Jersey, police officer’s information, including the police report, the contact information for any witnesses, and the driver’s information, including insurance and vehicle information. Additional pictures of your car, their car and the car accident scene can help as well.]]>On Behalf of Devlin, Cittadino & Shaw, P.C.https://www.dcs-law.com/?p=562042023-01-13T19:07:01Z2023-01-18T18:59:29ZWhat is New Jersey's dram shop law?
A dram shop law is a statute that seeks to hold alcohol-serving establishments accountable for the role that they play in a drunk driving accident. Many states, including New Jersey, have this kind of law on the books.
Under the applicable statute, you can only hold an establishment accountable if a reasonable person under the same or similar circumstances would have known or should have known that the individual in question was intoxicated at the time he was served additional alcoholic beverages. The establishment can be held liable for serving a minor who later causes an accident without any such additional showing.
How hard is it to establish dram shop liability?
Successfully suing an alcohol-serving establishment isn’t easy. But you shouldn’t throw up your arms in defeat and forego assessing the option altogether. After all, you might have strong legal arguments to support your position.
To start, you should speak to witnesses who work at or frequent the establishment in question. They may be able to tell you if the individual who caused your accident was exhibiting signs of intoxication while at the establishment and whether the establishment continued to serve him alcohol despite his presentation.
You might consider seeking out security footage from the establishment, too, which might show the patron’s demeanor and when he was served alcohol. Other options for gathering evidence include securing purchase receipts that show the date and time that alcohol was purchased and finding the driver’s statements regarding alcohol use, which may come from police reports.
Beware of time limitations
Remember that you only have a certain period of time during which you can bring your dram shop claim forward. That means that you can’t sit on your claim and hem and haw about whether pursuing a dram shop claim is right for you. Instead, you need to be proactive in assessing your situation and taking the action that’s right for you.]]>