There were 121 pedestrians killed in Connecticut between 2008 and 2010. The majority of these fatalities occurred in New Haven, Fairfield and Hartford counties, according to a study by the Tri-State Transportation Campaign. In the entire state of Connecticut, there were 661 accidents involving cyclists and 1,161 accidents involving pedestrians in 2009.
Authorities are trying to implement new solutions to prevent Connecticut pedestrian accidents. They want more education about, and more enforcement of, rules of the road for drivers and pedestrians. Driver cell phone use is particularly dangerous because pedestrians or cyclists can appear at a moment's notice, without warning.
]]> Lastly, Connecticut authorities are also hoping to make road improvements and expand room for cyclists on the roads. Most pedestrian accidents occur where the shoulders are narrow on country and local roads. The DOT reports that 388 of the bicycling accidents and 768 of the pedestrian accidents occurred on local roads.Pedestrians and cyclists can help, of course, by wearing bright clothing, remaining aware and not stepping out onto busy streets without looking. But the bottom line is, with the warmer spring temperatures, motorists need to be especially alert for more pedestrians and bicyclists using the road.
Source: Norwich Bulletin, "With spring here, drivers urged to be extra alert," Greg Smith, Apr. 8, 2012.
]]>The Roal of a Family Court Judge :: Divorce Source Radio | Free Audio Programs Related to Divorce
Or, I can sum it up.
1. Put your children first.
2. Fault (i.e. a spouse's conduct during the marriage) is a "limited" factor during a divorce proceeding. In other words, it may alter financial orders to some degree but will not change financial orders dramatically.
3. Often times people are better parents post-divorce because the divorce is finalized and there is less tension and turmoil.
4. If at all possible, try to settle your case rather than having a "stranger in a black robe" decide what is best for you and your child. The judge could never know a child or what is best for him or her the way a parent does.
]]>As John McEnroe would say: "You cannot be serious." I love Johnny Mac. We need more personality and passion.
Anyway, $46k is what former model Linda Evangelista claims she needs to support her 5 year old son fathered by French zillionaire Francois-Henri Pinault.
How much of that money would actually be earmarked for support? Probably only a small fraction. Countless economic studies suggest that the proportion of household income spent on children decreases as household income increases. After all, there is only so much money you can reasonably spend on a child per month.
Look at some of her - oops - I mean child expenses. They include $16,000 for armed bodyguards and $7,000 for a 24-hour nanny.
Are these legitimate child related expenses?
Unlikely. Sounds more like "mom support" than "child support."
And since child support is tax neutral, this smells like tax-free alimony.
In Connecticut, we calculate child support using the Income Shares Model. This model presumes that the child should receive the same proportion of parental income that the child would have received if the parents lived together.
Applying that logic here's my prediction for Linda: $25,000 per month.
Can you raise a child on $300,000 per year, tax free?
]]>Fairfield residents are growing accustomed to these types of delays, as accidents on I-95 in Connecticut are all too frequent. Truck drivers need to be aware of the dangers caused by this congestion as well as the threats they pose to smaller vehicles on the road. Accident officials will determine if the truck driver and potentially his trucking company can be held liable for the injuries this accident caused.
]]> Five-car accidentLaw enforcement officials who monitored the scene said that two cars collided with the flatbed truck, then all three crashed into the median and then into oncoming traffic, hitting two more cars. At that point, the flatbed lost its belongings, sending bricks and pacers across the crowded Interstate. Its saddle tank was pierced, which caused fuel to spatter across the road and into the storm sewer.
Liability for any injuries suffered in this truck accident may seem clear, since the truck started the chain-reaction crash; however, determining liability in multi-car accidents is rarely so cut-and-dried. Other drivers may have contributed to the accident and determining what insurance pays what can involve extensive investigation. Experienced personal injury lawyers will look at all possibilities for liability to help injured parties recover compensation for their economic and noneconomic damages.
Source: Connecticut Post, "Truck, cars in messy crash on I-95 in Fairfield," Apr. 19, 2012.
]]>But did you marry or have a child with one?
And why am I writing about this in the context of a divorce blog?
Because the divorce process is stressful and sometimes this causes people to act in ways they eventually regret.
It is often said that divorce lawyers see good people behaving badly. The divorce process can trigger greed and selfishness. Spouses may become violent. Still other spouses focus on retribution at virtually any cost.
Point 1: Do not be that person. Avoid these antics or your case will be compromised. The judge will dislike you. Your lawyer (if you still have one) will find it difficult to effectively represent you. You may even (consciously or not) take it out on your children.
Point 2: Good news. It seems that the real "maladaptive" (crazy $h!t) stops after the first couple years post divorce. By then, the drama is over and emotions are under control. Folks are simply worn out or have otherwise moved on.
So, if you are still scrapping with your ex years after you have been divorced, is he or she a narcissist or just an @$$hole?
Take a listen on how to handle a "difficult" ex here:
Audio: Is Your Ex a Narcissist or Just an Asshole? @ SpokenWord.org
]]>The school bus driver drove off the road and into a utility pole on Thursday, injuring more than a dozen students. There are conflicting stories about what caused the bus accident - the driver's husband states that the driver swerved to avoid another vehicle.
According to the National Highway Traffic Safety Administration (NHTSA), approximately 1,550 people die from drowsy driving each year and drowsy driving is to blame for at least 100,000 crashes. Of course, these numbers do not reflect the full extent of drowsy driving since there are no tests to determine whether someone was sleepy when he or she caused an accident.
]]> Drowsy driving impairs reaction time, vision, judgment, short-term memory and performance. It can also lead to aggressive driving and distracted driving, since sleepiness can cause moodiness and reduce attention spans. As may have happened in the drowsy driving accident, it can also cause someone to fall asleep behind the wheel.Drowsy driving is a form of negligent driving. Like driving drunk, when someone decides to drive tired, he or she puts others' lives at risk. In fact, an Australian study shows that driving after being awake for 24 hours is like driving with a .10 blood alcohol concentration (BAC) - higher than the legal limit for drunk drivers!
The government has worked to reduce the amount of time truckers and bus drivers are on the road by creating hours-of-service regulations, but that does not address other vehicles and it is nearly impossible to detect how much sleep a driver had prior to a car accident.
That is one of the many reasons it is important to hold drowsy drivers accountable when their actions cause someone else's injury or death. This can be done through a personal injury lawsuit.
Source: Norwich Bulletin, "Students in Connecticut School Bus Crash Say Driver Appeared Sleepy," Associated Press, Apr. 27, 2012.
]]>There were over 25,000 libelous posts!
The defendants unsuccessfully fought a subpoena to have their identities revealed.
The ruling shows that people who defame others online cannot assume their identity will be protected by internet service providers or hosting companies.
Read about the case and why the jury awarded such a large verdict here:
]]>Elements of a good Parenting Plan;
Parenting Plan ideas; and
Co-parenting through conflict.
The segment is about 35 minutes but well worth the time.
Here's the link:
The notion is, when feasible, each parent should spend a significant amount participating in the child's life experiences. Or, put another way, both parents should be involved in a meaningful way with the child. Each parent should participate in the child's activities, social events, school related functions, educational pursuits, medical appointments and discipline.
This means being an active parent - not a visiting resource. This is why courts have adopted the terms "parenting time" and "parental access" and have moved away from using visitation. Visitation is the way a child spends time with a parent who is in jail.
Of course, there are circumstances where a parent will not (or maybe should not) be actively involved. For example, if there are issues concerning domestic violence, substance abuse and/or mental health. And, if the parents live a great distance apart, it is only logical that one parent be designated the primary residential parent.
Final thought. If parents can remember two things, just two things, conflict can be minimized and an effective Parenting Plan can be created:
1. Do not focus on the other parent's behavior. Instead take responsibility for your own actions; and
2. It's not what's best for the parent but rather what's best for the child. After all, it's about the kids stupid!
]]>Previously, all accepted referrals to the DCF Hotline triggered an active DCF Investigation. These Investigations are often intrusive. In addition, the Investigations can last as long as 45 days resulting in uneasiness for the family.
Under the new initiative, DCF will classify reports into one of three categories based on the perceived risk. In cases involving low or medium risk, DCF will refer the family to community-based resources in an effort to address the presenting issue. For those "high risk" cases, a full Investigation will be required.
Some allegations are so serious it will be obvious that the case will deemed "high risk." Examples would include physical abuse, severe neglect and sexual abuse. However, the cases in the middle (i.e. medium risk) will present DCF with some discretion. I bet two considerations will be whether the family has history with DCF and the volume of open Investigations in a given DCF office at that time.
Click here: State DCF Revises Response to Child Abuse Reports - Milford, CT Patch
]]>Every day, troopers put their lives at risk to protect the rest of us from harm. This trooper was taking steps to ensure that the wrong-way driver did not injure anyone else by causing a Connecticut auto crash.
]]> According to the Federal Highway Administration, wrong-way drivers kill approximately 350 people every year. A driver may accidentally go the wrong way down a highway due to inattentive driving, or may simply not read highway directions correctly. However, wrong-way driving can also be the result of drunk driving. Either way, it is considered negligent and reckless driving.Wrong-way drivers can face criminal liability for their actions, whether that means a DUI or a reckless driving charge. They may also face personal injury lawsuits filed by the individuals they hurt.
Generally, those injured in a wrong-way car accident may be able to recover compensation for their economic damages (such as medical bills, rehabilitation costs, lost wages, potential funeral expenses) and their noneconomic damages (such as pain and suffering, loss of enjoyment of life, loss of consortium). They may also be able to hold the wrong-way driver accountable by requesting punitive damages. Punitive damages are frequently awarded in drunk driving accident cases and serve to punish the driver for his or her poor decision.
Source: Associated Press, "Connecticut trooper injured in wrong-way crash," Apr. 13, 2012.
]]>1. The defendant published a defamatory statement;
2. The statement identified the plaintiff to a third person;
3. The statement was published to a third person; and
4. The plaintiff's reputation was injured.
The last of these requirements is where the majority of potential defamation cases fail. Damages must quantifiable and not speculative. It is not an automatic that a defamatory statement caused injury.
A recent case illustrates the type of harm judges require in a defamation case.
The defendant alleged made two false reports to police concerning the plaintiff. He was arrested both times. A business associate saw the plaintiff being arrested. The plaintiff was fired. The plaintiff also lost his driver's license which prevented him from driving a truck or limo. As a result, he was unemployed for 19 months.
The judge awarded the plaintiff $600 per night he spent in jail, $1,000 for his criminal bonds, $1,450 for a security deposit and $23,000 for emotional distress and loss of reputation.
So when considering whether you have a defamation case think about how you were harmed and how you can prove it in court.
]]>Under Connecticut law, either spouse can petition the court for a post-judgment modification of alimony unless the divorce decree precludes modification. The modification may be a request to increase or decrease the award, or temporarily or permanently stop the payments.
The party requesting the modification has the burden of proving to the court that there has been a substantial change in circumstances since the original support award was entered, or since the last time the order was modified. There is no set list of what constitutes a "substantial change in circumstances" - instead, the court considers the parties' individual circumstances when making this determination.
The court will specifically consider whether there has been a substantial change in the financial circumstances of one or both of the parties. This could include either party getting a new job or a raise or other increase in their compensation. It also may include either party experiencing a decrease in compensation or changes in the assets of either party.
Other factors that may indicate a substantial change in financial circumstances include:
If the court finds that there has been a substantial change in either party's financial circumstances, then the court will consider the same set of factors it looked at when the alimony award was first entered. These factors include:
The court will balance the financial needs of the party receiving the alimony with the financial ability of the paying spouse to make the payments before granting the modification.
]]>This problem led to several high-profile car accidents involving fatalities. In June 2006, a Toyota Camry ran into an Oldsmobile in a St. Paul, Minnesota intersection, killing two people. The driver was charged with vehicular homicide. In August 2009, four people were killed near San Diego, California when an off-duty highway patrolman couldn't stop a Lexus ES 350 that had an accelerator pedal trapped by a floor mat.
]]> As such, there was a push to minimize the risk of drivers losing control of their vehicles. Transportation Secretary Ray LaHood explained that drivers should feel confident in being able to maintain control of their vehicles, and that the safety updates would give them peace of mind.With the new regulation, automakers would be required to include a brake-throttle override system in all vehicles weighing 10,000 pounds or less - essentially including all passenger vehicles on America's highways. Such a system would stop the vehicle if both the brake and accelerator pedals were used at the same time. The rule would apply with all 2014 model cars.
In the meantime, a number of automakers have included brake override systems in their vehicles. Toyota included them in all 2011 models. General Motors will make them standard in 2012 cars with automatic transmissions. Ford Motor Company has override systems on a majority of its 2010 models, and Chrysler includes them on all vehicles sold in the U.S.
The implementation of override systems creates a new expectation for safety standards and changes what is reasonable in what automakers can do to prevent accidents.
Source: The Detroit News, "NHTSA proposes making brake-override standard" April 13, 2012
]]>When conducted properly it has many advantages including insulating the children from the parent's acrimony and conflict.
One of the keys to a successful collaborative divorce is to select the right professionals - not just the right attorney. Therapists, family counselors, financial planners and accountants all have an important role in this process.
The other key is the "all in" approach. I have heard this phrase a lot lately - usually in a sports context. In the collaborative process, "all in" means being committed to the model. If one spouse is not dedicated to resolving the divorce in a collaborative way then scrap it. It simply will not work unless there is mutual acceptance and belief in the collaborative method.
Read about collaborative divorce from a fellow attorney here:
Collaborative Divorce v. Adversarial Process - US Politics Today
]]>Teachers (and other professionals who require certification) are now required to sign an authorization allowing the Board of Education to check to see if their name appears on the DCF Abuse Registry. And you guessed it - if your name appears on the Registry, you cannot be certified.
Incredibly, many teachers (and certainly countless others) are on Central Registry without even knowing it! But how could this be?
The problem lies with the way DCF "informed" parents of the investigation results prior to 2005.
Back then, at the conclusion of a DCF Investigation, parents would receive a form letter from DCF informing them of the results of the investigation. The letter further advised the parents how to appeal the Substantiation. Seems fair. Ah but it wasn't.
See, prior to 2005, a DCF Substantiation resulted in automatic placement on the Central Registry. The DCF letter contained no language whatsoever about the Central Registry or its implications. Undoubtedly, if it did, many parents would have appealed their Substantiations.
So - fast forward to 2012. Teachers are applying for their certification. And then bam! Unsuspecting parents suddenly find out that some old, minor dust up with DCF from years ago is about to cost them their livelihood.
Thankfully, DCF has a procedure in place to appeal the Central Registry placement.
Here is the new law:
]]>