Last weekend, a 16-year-old hit and killed a runner while she was using her cellphone while driving. She has now been charged with using a handheld phone while driving under age 18 and homicide with a motor vehicle, as well as driving outside of the proper lane of traffic.
This incident is one of many Connecticut distracted driving accidents that lead to serious injury and death. In fact, in 2009 alone, 5,500 people were killed by distracted driving and nearly 450,000 were injured. Of any age group, teen drivers were the most likely to be involved in fatal distracted driving accidents.
After the Connecticut car-and-pedestrian accident, Norwalk Police Chief Harry Rilling underlined the importance of paying attention to the road, stating, “[T]his incident illustrates how dangerous it is to be distracted while driving a 3,500-pound vehicle 35 to 30 mph. You need to focus all your attention on what you’re doing. It only takes a second to swerve a few feet. Everybody should look at this and learn from it.”
Wrongful death / distracted driving lawsuits
In Connecticut, novice drivers may not use cellphones while driving. The teenager who caused the accident faces up to six months in jail and one-month license suspension.
This seems paltry compared to the pain and suffering that the family of the deceased runner faces; however, the family can also bring a wrongful death lawsuit to recover compensation for the economic and noneconomic damages they have suffered as a result of the accident. These damages may include:
- Medical expenses
- Reasonable funeral expenses
- Loss of income
- Loss of consortium (the love of a spouse)
- Loss of protection, services, care, etc., that the deceased provided
- Pain and suffering
No amount of money can adequately compensate a family for the death of their loved one. Yet, recovering compensation through a personal injury lawsuit can provide the financial support a family needs during this very difficult time.
Source: Boston Herald, “Connecticut accident shows dangers of distracted driving,” Associated Press, May 15, 2012.
I tell folks all the time that defamation cases are difficult. There are elements that the Plaintiff needs to establish. Plus, even if those elements are established, certain defenses may be available.
Oh and it is virtually impossible in the context of a phone call, email or initial consultation for any attorney to tell you whether you have a case. There is much work to be done in defamation cases.
Turning to the Boehiem case. I blogged in December that the case was a “long shot.” I wasn’t trying to be clever with the basketball reference. I really meant that the case was a loser from the opening tip. (Here I go again). The case just seemed legally insufficient. As Dick Vitale would say: “it’s an M and M’er – a mismatch baby!”
To me it smelled liked a shakedown of a high profile coach and a university with deep pockets.
Anyway – game over. The judge dismissed the lawsuit.
Why?
Because Boeheim’s comments were not considered “statements of fact” but simply his “opinion.” And opinions – well you know what they say – everyone has one. And in this case Boeheim was entitled to his.
Judge Tosses Defamation Suit V. Syracuse, Boeheim – ABC News
Connecticut is an excellent place for walkers and cyclists; however, it can also be a dangerous place. In the spring, the number of walkers and bicyclists increase, and so do the number of car accidents between motorists and pedestrians or cyclists. Connecticut authorities would like to reduce the number of tragedies on our roads. They are asking motorists to keep a watchful eye for cyclists and pedestrians.
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.
I just heard a discussion with a family law judge from Michigan. The focus was on parenting plans. It’s worth a listen. Here it is:
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.
$46,000 a month to raise a child?
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?
When a tractor-trailer collided with several cars on Interstate 95 near Fairfield, Connecticut recently, it spilled the majority of its load and created a major traffic jam that slowed both sides of the Interstate to a near crawl for several hours. Fortunately, no one was seriously injured in this Fairfield truck accident, although four people, including the truck driver, were sent to the hospital with minor injuries.
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 accident
Law 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.