Legal Advice Blog: Legal Advice, Case Insights, & Local Law Information

On Behalf of Adler Law Group, LLC If you have endured the misfortune of a motor vehicle accident, you recognize there are no minor collisions. Every accident is disruptive of your routine in addition to being extremely distressing. Obviously, some accidents are more significant than others. Fender benders may not even involve calling the police. Then, there are other accidents in which serious damage occurs to your vehicle and you might suffer physical harm. No collision is more serious than those involving intoxicated drivers There are no accidents the state of Connecticut takes any more seriously than those involving a drunken or impaired driver. If you suffer an accident with an intoxicated motorist, the penalties and responsibilities the other party faces are major. There are important steps to take after an accident with a drunk driver In the immediate aftermath of a crash involving a drunken driver, you may not recognize the impairment of the other individual. When the moment comes that you do realize there is a possibility of intoxication, there are important steps you should take immediately: Check on the well-being of everyone involved. This may be the point at which you suspect impairment. Contact first responders and paramedics as necessary and absolutely call the police. Obtain the other driver’s license number, identification, contact details and insurance information. It is not unheard of for intoxicated people to attempt to leave the scene of an accident. Cooperate completely with law enforcement officers. Share all information promptly with your insurance company. By law, no intoxicated or impaired person can lawfully drive in Connecticut. They are much more likely to perform erratically and thus cause an accident.

On Behalf of Adler Law Group, LLC Dog ownership is an important responsibility. Ensuring the animal’s well-being both physically and emotionally is paramount. Yet, some owners are not as diligent as others who take their duties seriously, resulting in dogs running loose and potentially attacking people. Dog bite laws When it comes to dog bite laws in Connecticut, several regulations govern what happens should a canine attack someone. First and foremost, leashes are mandatory to prevent dogs from running freely around a neighborhood, an occurrence that is dangerous and illegal. Violations of the law will result in punitive measures against the owners. Loose dogs can terrify people, particularly small children. While many growl, others will attack and bite. The owner of the dog is liable for property damage or injuries. Should someone who feels threatened by a possible attack kill the dog, they will not face civil or criminal court consequences. Vicious dog laws are not about certain breeds more prone to attack. Those canines reside in that category when their owners’ have been convicted for not leashing the dog within the past year. Alleged “victims” who tease, torment, and abuse the dog will not lead to any action against the dog or owner. Consequences of attacks Following an attack, dogs are placed into mandatory quarantine in a public pound, veterinary hospital, or other location approved by the DOAg commissioner for 14 days. The “lockdown” is not about punishing the dog but ensuring that the animal does not have rabies and taking the opportunity to observe the dog’s demeanor before it is potentially released. However, certain circumstances could lengthen the time a dog is detained. Dog attacks go beyond physical injuries. Victims are left terrified of all breeds, with many developing a severe phobia of the animals. Holding owners accountable is essential to keep communities throughout Connecticut safe.

On Behalf of Adler Law Group, LLC Ironically, a law enforcement officer pulls you over on suspicion of drunk driving the night you celebrate achieving the next step in your career. You are afraid that if a conviction for driving under the influence appears on your record it may cause you to lose your dream job. The DUI charge is your first offense. What can you expect to happen? About penalties As a first-time offender, you face significant fines and the possibility of jail time. Furthermore, the DMV will suspend your driving privileges from 45 days to as much as one year. Once your suspension has ended, the court may require you to have an ignition interlock device installed in your vehicle. The mark on your record You have reason to worry about a DUI conviction on your record. Employers routinely run background checks on job applicants or prospective employees. You could lose your dream job before you even start because of that DUI mark. It is a matter of trustworthiness; your employer may worry that you have a drinking problem. A similar issue may arise if you try to rent an apartment or take out a bank loan. A DUI conviction will follow you and the negative consequences could continue for years. Help is at hand Do not accept a DUI charge without a fight. Administrative errors can occur. The calibration might be off on the machine used for your breath test. An advocate will investigate the circumstances surrounding your arrest in order to build a defense strategy. Your future is at stake, including that upcoming career move, and you have a right to expect the best outcome possible for your case.

On Behalf of Adler Law Group, LLC In the summer of 2020, 10 people died in car crashes that involved teenage drivers in Connecticut. Three fatal accidents involving teens have already occurred in 2021. Experts warn that deadly crashes involving teens tend to increase in the summer, but why does this happen? Why more fatal accidents involving teens happen in the summer Many teenagers wait for warm weather to obtain their drivers’ licenses, which leads to an increase in new drivers on the road in the summer. Additionally, the warmer weather and school being out leads to more teenagers driving. Why teens cause more accidents Drivers between the age of 16 and 19 cause more vehicle crashes than any other age group. Male drivers are particularly at risk. Teenage males are more than twice as likely to die in a crash than their female peers. The risk is highest during the first few months after a new driver obtains a license. Several factors put teens more at risk: Inexperience Weekend and nighttime driving Not wearing seat belts Speeding Distracted driving Alcohol use How to reduce fatal accidents Almost half of all teens who die in crashes are not wearing a seat belt. Parents should stress the need to always wear a seat belt. Additionally, parents should educate their teens about risky behaviors, such as speeding and driving while tired, distracted or impaired. Inexperience is a major contributing factor to the high rate of fatal accidents involving teens. In addition to teaching safe driving habits, parents may want to restrict their teens to only supervised driving during the first few months.

On Behalf of Adler Law Group, LLC As summer comes into full swing, families throughout Connecticut will seek waterways to create a fun-in-the-sun vacation. From lakes and ponds to rivers and the Long Island Sound, families must focus on watercraft safety to prevent collisions and other accidents that could lead to serious injuries. The United States Coast Guard’s Office of Auxiliary and Boating Safety released data focused on recreational boating accident statistics. The report focused on 2019 and highlighted numerous hazards, including the five primary accident types: Collision with another recreational vehicle: Vehicle collisions including boats, rafts and Jet Skis led to 1,071 accidents which resulted in 650 injuries and 47 deaths throughout the United States. Collision with a fixed object: If the driver of the recreational watercraft is not paying careful attention, he or she might collide with a stationary object such as a buoy, platform or channel marker. These collisions accounted for 493 wrecks leading to 326 injuries and 44 deaths in 2019. Grounding the watercraft: Whether hitting a beach, a sand bar or a riverbank, grounding the recreational watercraft can lead to serious injuries. In 2019, this action led to 413 accidents, 253 injuries and 16 deaths. Flooding or swamping the watercraft: A surge of water, overloading the vehicle or failing to recognize dangerous weather patterns can result in the vehicle being flooded. In 2019, this led to 399 accidents, 124 injuries and 45 deaths. Vehicle occupant falls overboard: Poor navigation, lack of safety features, alcohol or drug use, or lack of control can all lead to vehicle occupants falling overboard. In 2019, there were 299 reported incidents of individuals falling overboard with 122 injuries and 189 deaths. Vehicle safety is a critical element of any recreational activity. From land-based motor vehicles to those on the water, vehicle occupants must remain attentive and alert at all times.

On Behalf of Adler Law Group, LLC Next to a fall, a vehicle crash is the most common cause of a spinal cord injury, or SCI. Symptoms vary, but a spinal cord injury can be devastating if the damage is severe. However, today there are advances in treatment protocols and new hope for SCI patients. About spinal cord injury The bundle of nerves that make up the spinal cord carry impulses from the brain to other parts of the body. Located inside the vertebral column, the spinal cord is delicate and cannot repair itself if damaged. The severing of the spinal cord is not necessary in order for changes in function to occur and symptoms of SCI can range from pain to incontinence to paralysis of arms or legs. SCI consequences SCI takes two forms: complete and incomplete. In a complete injury, the victim will have no feeling or strength below the site of the injury and will therefore experience some form of paralysis. Those with an incomplete SCI will still have some level of feeling and movement below the injury site. Current treatment and the future Paralysis does not always occur. For example, the vertebrae could fracture from the impact of a vehicle collision without the spinal cord suffering significant damage. However, those who suffer serious SCI may face long-term disability. Encouraging results from ongoing research indicate that SCI may one day be repairable. Meanwhile, new emergency care procedures, surgical techniques and aggressive rehabilitation programs are helping to restore many functions that once seemed doubtful. While the medical costs are great, victims of SCI have the right to anticipate financial compensation to cover these expenses and more.

On Behalf of Adler Law Group, LLC When someone sustains an injury because of a dangerous condition inside of an apartment building, there may be more than one potential defendant. Someone who suffers a severe injury from falling, for example, may be unsure about who is at fault. The party responsible for the condition may not necessarily be the owner of the building. Here are two other examples of potential defendants in a personal injury case. Property Management Company A property management company rather than a property owner may be legally liable for injuries that occur both inside an apartment and the building’s common areas. In general, the property management company must be aware of a dangerous condition to be liable for injuries resulting from it. However, there are instances in which claimants can successfully establish liability by showing that a property manager should have been aware of a condition even if he or she was not actually aware of it. Contractor A third-party company may be at fault for injuries in a building. If a company performs work that results in a safety hazard, that company may face serious legal liability. Whoever hired the company may also be liable for a third-party’s work if it hired the company negligently or had reason to know that the work created an unsafe condition. Personal injury victims may need to carefully consider who may be responsible for an injury that occurs inside of an apartment building. In some cases, a plaintiff may be able to pursue more than one party for a judicial or monetary remedy.

On Behalf of Adler Law Group, LLC Debilitating injuries resulting from a car crash can cause chronic pain, disability and loss of income. In Connecticut, you can recover legal compensation after a serious collision injury if you can prove that another driver was at fault in the accident. Review the details about what to expect after a devastating auto accident. Fault determination As a fault state, Connecticut allows drivers to either seek compensation through insurance or file a lawsuit when another driver causes a crash. You can also start with an insurance claim and go through the legal system if you receive an unsatisfactory settlement. As the plaintiff in this type of case, you must have police reports, witness testimony and other proof of fault on behalf of the defendant. If you share some fault in the crash, the judge can reduce your damages by your fault percentage based on the state’s modified comparative fault standard. Available damages Connecticut does not have a cap on auto accident damages. You can file a claim that covers your lost wages, medical bills and property damage as well as non-monetary costs such as loss of life enjoyment. The state makes punitive damages available in cases involving deliberate or reckless driving conduct. In this case, the judge has the discretion to award double or triple damages. After you experience a serious auto accident that causes extensive injuries, you have up to two years to file a lawsuit. When you do not receive a diagnosis of injuries associated with the accident right away, the two-year deadline begins at the diagnosis date.

On Behalf of Adler Law Group, LLC Teenage drivers do not have the maturity or driving experience that older motorists have, and this makes sharing the road with them risky. Research shows that teenage drivers are more prone to distraction than older motorists. When these drivers have teenage passengers riding alongside them in their cars and get into crashes, the presence of the teen passenger means a higher risk of death for everyone involved. According to AAA Newsroom, if you get into a wreck with a teenage driver, your chance of dying in that wreck increases by 51% if that driver had a teenage passenger present. The same holds true for anyone else involved in the crash, including those traveling in the teen’s vehicle and any other motorists or passengers affected. Fatality rates involving teen drivers, teen passengers Studies show that the risks associated with teenage drivers having teenage passengers are even more severe for those traveling in other vehicles. If you find yourself involved in a crash with a teen driver who has a teen passenger and are traveling in another vehicle, your odds of suffering a fatality increase by 56%. If you are in the wreck as a cyclist or pedestrian, your chance of dying increases by 17%. Fatality rates involving teens with older passengers Interestingly, when teen drivers crash and have passengers in their cars that are at least 35, the chances of everyone involved dying decrease by 8%. This indicates that it is not having a passenger, in general, that raises fatality risks, but rather, having a young, teenage passenger that does so. Parents of teen drivers should do their part to enhance public safety by making sure their kids practice driving under a wide range of circumstances. They may also want to ban their teens from driving with other teens until they have more road experience.

On Behalf of Adler Law Group, LLC Along with practicing defensive driving, placing your child in an appropriate car or booster seat helps to prevent catastrophic injuries in a collision. Picking the right car seat initially is only part of the equation, however. If you have an accident, you may need to replace the seat before your next trip. The National Highway Traffic Safety Administration advises parents to replace child car seats after moderate and severe accidents. Consequently, if your collision was minor, it may be safe to continue to use the car seat. What constitutes a minor car accident? A motor vehicle accident that may seem minor to one driver may appear quite serious to another. Fortunately, the NHTSA has some guidelines for what constitutes a minor car accident. If any of the following apply to your accident, the crash is not minor for purposes of replacing your child’s car seat: •       The accident makes your car undrivable •       The accident causes your car’s airbags to inflate •       The accident results in damage to the door closest to your child’s car seat •       The accident causes an injury to someone in your vehicle or another one •       The accident damages the car seat Can you see damage to the car seat? Even if your car accident appears to be minor, you should not continue to use your child’s car seat until you carefully inspect it for signs of damage. If the seat has cracks, tears, breaks, compressions or any other damage that may interfere with its ability to protect your child, you should not continue to use it. Ultimately, you do not want to leave your child’s safety to chance. If you have any doubt about the integrity of a car or booster seat after a car accident, replacing the seat immediately is the responsible thing to do.

On Behalf of Adler Law Group, LLC Like many other driving hazards, operating a motor vehicle while feeling less than alert or sleepy is extremely dangerous. Besides the risks of drivers’ impeding traffic, having collisions or sustaining injuries, other motorists and pedestrians on the roads are in danger as well. There are ways to combat driver fatigue. However, driving while drowsy is not always unavoidable for some motorists. Vehicle operators should learn about the following types of injuries that often occur in drowsy driving accidents. Broken bones The forces and objects at work during motor vehicle collisions often are enough to break and fracture bones, especially in the upper and lower extremities. Victims who end up with broken or fracture injuries require immediate medical treatment, and in some cases, ongoing medical therapy to combat the trauma and improve recovery outcome. Paralysis Temporary or permanent paralysis is common in drowsy driving accidents. The impact of force and penetrating objects can damage the spinal cord, head and various areas of the body, leading to torn or bruised nerves, ligaments, tendons and muscles and other issues that interfere with the body’s ability to communicate with the brain and function. Death Unfortunately, death is common in many types of collisions, especially those involving drowsy motorists. Not all accident fatalities occur right away. It is not uncommon for accident victims to end up with seemingly minor or mild injuries that later progress to more severe trauma that ultimately results in death. For example, soft tissue trauma like brain injuries can result in a loss of bodily function that results in an untimely demise. Car accidents can happen anytime. However, incidents that stem from drowsy driving are more common in shift workers, truck drivers, and motorists who use medications or suffer from certain ailments. Lifestyle adjustments and actively staying alert can help to decrease the likelihood of sleepy motorists on the roads.

On Behalf of Adler Law Group, LLC Generally, Connecticut categorizes types of theft, or larceny, based on the monetary value of the stolen items. Some types of larceny result in felony charges. Review the types of felony larceny crimes in Connecticut and possible penalties for a conviction. First-degree larceny Connecticut classifies larceny as a Class B felony when the value of the stolen property exceeds $20,000. The state also imposes first-degree larceny charges for fraud against a community resulting in a loss of at least $2,000. A convicted person could receive one to 20 years in prison depending on the circumstances of his or her case. Second-degree larceny These charges apply to theft crimes in which: The value of the stolen property is $10,000 or more The defendant defrauded a community for $2,000 or less The defendant stole property from the victim’s pocket, bag or person The defendant stole utility or cable services causing an interruption during an emergency The defendant defrauded or embezzled from a person who is blind, disabled or older than age 60 This conviction carries a minimum of one year and a maximum of 10 years in prison as a Class C felony. Third-degree larceny This crime is a Class D felony in Connecticut. Third-degree larceny may include theft of: Property worth $2,000 or more A motor vehicle worth less than $10,000 Public records Trade secrets A convicted person could receive up to five years in prison. Connecticut categorizes other types of larceny crimes as misdemeanors. For example, fourth-degree larceny, which carries up to one year in prison, applies to theft of goods worth between $1,000 and $2,000.