Connecticut Injury Attorney Blog

The woman responsible for a fatal crash in May 2011 pleaded guilty to vehicular manslaughter in late November. Yadira Torres, a 26 year-old warehouse worker, agreed to serve between five and eight years in prison. A judge will determine the specific length of sentencing in February. Torres has not driven since the accident. She is free on $35,000 bail.

The accident occurred at about 6:00 a.m. on May 7. Torres was driving north on Interstate 95, reportedly heading home to Hartford after a night of drinking in Manhattan. She lost control of her Dodge Caliber and hit the tractor trailer she was passing. The collision made the truck flip and spin around, detaching the cab from the trailer. The truck then burst into flames. Both the driver, 42 year-old James Sorto, and his passenger, 18 year-old Kelly Taborda, died in the crash. Sorto was pronounced dead at the scene, although officials would not be able to identify him for several days due to the extent of his burns. Taborda, who was pregnant, died from blunt trauma injuries at Stamford Hospital. Torres and three passengers in her car were treated for minor injuries at Norwalk Hospital. Police arrested Torres at the hospital that day.

Police charged Torres with vehicular manslaughter. In Connecticut, the combination of driving under the influence and a fatal car crash is known as "manslaughter in the second degree with a motor vehicle" and is a class C felony. The law allows prison sentences of one to ten years for conviction of a class C felony. By pleading guilty, Torres has admitted to many aspects of the accident, including being at fault for the crash. Normally, personal injury attorneys would find this information useful.

According to news reports, Torres had minimal coverage under her automobile insurance policy. Taborda's family reportedly decided not to pursue a lawsuit for damages or wrongful death against Torres. Although there should be more than enough evidence to support a wrongful death claim, a cardinal rule of civil claims is not to commit the time and expense of a claim when it is certain that the defendant lacks the ability to pay a settlement or judgment. With no insurance and a lengthy prison sentence looming, the defendant in this case most likely lacks the means to satisfy a judgment if one existed.

Continue reading "Connecticut Woman Enters Guilty Plea Over Deadly DWI Accident" »

Department of Transportation worker who lost part of her leg in the back of a dump truck while getting it ready for winter snow operations received a 3.6 million dollar verdict in Waterbury Superior Court on November 1, 2011. Her boot was entrained in the moving conveyor chain during a maintenance operation. The defense was primarily that she disregarded a "Danger" decal affixed to the side of the truck advising her not to stand in the body of the dump because of the moving chain which could cause injury. While that was true, the decal had been serially disregarded as the back of the dump bed was often used to store tools and for various other purposes and ther was a ladder affixed to the side of the dump body placed there by the Manufacturer and Dealer to enable access. The dealer who sold and assembled the dump body knew that and in fact their own mechanics would inspect the chain's operation on occasion from inside the dump body as well while the chain was in motion. The State of Connecticut's contract with the DOT required mandatory training on the proper operation and maintenance of the dump body which implicitly included how to clean and maintain the unit in a safe and recommended manner.It also required compliance with OSHA regulations and Industry safety standards. The Dealer maintained that it did so comply and that physical guarding of the chain during operation was implausible as any such guard would necessarily tend to interfere with its intended purpose. Accordingly, administrative controls which included proper training and clear operating instructions were essential and the Dealer maintained that it provided proper training and that the DOT which had operated a fleet of hundreds of similar trucks before the instant purchase should have known how to train their own employees in the first place. After the incident, Conn OSHA did cite the DOT which employed the injured worker for allowing exposure to unguarded nip points and in consequence thereof the DOT implemented a series of heightened administrative controls.

The case was brought under Connecticut's Product Liability Act and was plead under legal theories including Strict liability for Defective design, Breach of the Statutory Duty to provide warnings and instructions, Breach of warranty and negligence. The manufacturer of the Dump bed had settled with the Plaintiff weeks before Trial and was a settled and released party whose fault was considered by the jury for purposes of allocating fault between the Plaintiff, the manufacturer and the remaining Defendant which was the dealer who sold the dump beds to the State under a procurement contract. The Jury allocated slightly less fault to the Manufacturer than to the Dealer who had the contract and primary relationship with the DOT and assigned 38% fault to the injured DOT worker as well resulting in a net verdict of slightly more than 1.3 million dollars to the worker in addition to a confidential sum obtained from the manufacturer shortly before Trial.

Last week, New York Governor Andrew Cuomo signed legislation establishing texting while driving as a "primary offense." New York's initial anti-texting law, promulgated in 2009, made texting while driving only a secondary offense, which meant police needed to pull drivers over for another offense first in order to ticket for texting. The upgrade of the law will make it easier for police to enforce the ban on texting while driving since police can now pull over a driver simply for texting.

New York's new law aligns it with Connecticut, which has had a law since the middle of 2010 that made texting while driving a primary offense.

Continue reading "Hoping to Reduce Auto Accidents, New York Follows Lead of Connecticut With Tougher New Law Banning Texting While Driving" »

In Connecticut and throughout the Northeast Automobile accident statistics confirm that fewer people lost their lives last from automobile roadway and highway accidents. According to the U.S. Department of Transportation, Secretary Ray LaHood, "the number and rate of traffic fatalities in 2010 fell to the lowest levels since 1949, despite a significant increase in the number of miles Americans drove during the year." Secreatry Hood also stated that "Still, too many of our friends and neighbors are killed in preventable roadway tragedies every day. We will continue doing everything possible to make cars safer, increase seat belt use, put a stop to drunk driving and distracted driving and encourage drivers to put safety first."

Continue reading "Auto Accident Death Statistics NO Comfort " »

Investigating and pursuing truck accident claims involves both traditional methods of accident investigation and Legal Discovery with Federal Law and regulations that may affect the outcome of the lawsuit. Unfortunately, given the size and mass of Trucking rigs on our roads, resultant collisions with passenger cars are often tragic, yielding all manner of fatal injuries, Brain injuries, serious fractures and paralysis. Common experience and statistics detailed below bear this point out. What is not so commonly understood nor intuitively obvious is the impact that Federal law has on regulating the conduct of commercial Trucking operators and therefore, the Discovery needs of Plaintiff's lawyers litigating such claims on behalf of injured clients or the Estates of those who did not survive such accidents.

Continue reading "Trucking Accident Claims" »

Sometimes, unlikely events occur. Getting struck by a police cruiser on a street just blocks from the Police Department falls into that category. Having the Assistant Police Chief( Officer Melendez) behind the wheel at the time adds to the misfortune. Losing consciousness at the scene and being removed by ambulance with head and facial injuries only to awake from the fog of it all to find out that the accident investigation is likely being carried out by officers, junior in rank to the Assistant Chief with no evident referral to the State Police or some other mechanism offering a higher indicia of reliability as to the eventual findings and investigative deliberative process borders on the incomprehensible. That, however, is exactly what seems to have happened in the case of a recent client whose Family simply contacted my office to look into what may have happened and take any appropriate steps to pursue a personal injury claim on his behalf should the facts so warrant.

Continue reading "NEW HAVEN, CT PEDESTRIAN STRUCK BY A POLICE VEHICLE CRIES FOUL WHEN JUNIOR OFFICERS ARE PUT IN CHARGE OF ACCIDENT INVESTIGATION" »

In Connecticut as well as many other Jurisdictions, in the case of accidental deaths whether occuring on the job, while operating a motor vehicle or opertaing machinery or simply the result of substandard medical care lawsuits may be initiated on behalf of those killed. Legally, this may be accomplished through the appointment of an Administrator of the Estate by the Probate Court who then engages legal counsel to investigate and file the lawsuit if warranted by the circumstances.

From a personal injury perspective, wrongful death claims are often complex and challenging cases to pursue, not only for the Law Firm entrusted with this task but also for the family members left behind who must interact with lawyers and provide information and insight into the life of the decedent. In Connecticut, accidental death lawsuits must generally be initiated within two years of the event causing the death in order to fall within the Statute of Limitations period. It is not uncommon for the investigation of such claims to take an extended period of time to complete so prompt retention of an experience lawyer is always helpful and sometimes critical. This is particularly the case when critical evidence or witnesses may no longer be easily ascertainable given any extended delay.

Continue reading "Wrongful Death Lawsuits" »

One of the more challenging categories of cases within the field of personal injury are Head injuries, Sometimes alternatively referred to as Brain injuries or Traumatic Brain Injury claims (TBI) these cases are often challenging and complex to pursue. For the Law Firm entrusted with this task of proving these claims while their clients are adjusting to all manner of symptoms ranging from Memory and speech to dizziness and headaches, the effort must be continuous. The importance of monitoring and studying the medical reports, assisting where necessary with making sure that the right specialists are evaluating and treating the clients cannot be overstated. In Connecticut, we have detected to some extent the existence of an institutional bias, even within the medical profession, where the more subtle types of Brain trauma are involved. My office has taken the deposition of well known neurologists tasked with performing an independent medical exam where they insisted that in the absence of evidence on an MRI or CT Scan of a brain injury that post concussive syndrome would simply not be a credible explanation for ongoing neuro psychological difficulties. That expert opinion, much like another, suggesting that a loss of consciousness was necessary to even have a brain injury , is not supportable under current guidlines nor peer reviewed clinical literature.

Continue reading "PROVING AND LITIGATING HEAD INJURY LAWSUITS" »

Injury to the spine is perhaps the most common body part reportedly affected from motor vehicle, industrial and construction accidents which take place regularly through the State of Connecticut. No doubt, a similar trend would be found to apply in other States as well. The severity of the injuries involved, naturally ranges from back strains and sprains to paralysis. It is safe to say though that anyone who has experienced the effects of any significant trauma to the spine can readily appreciate just how debilitating the effects of even a temporary severe strain may be.

From a legal perspective, the circumstances and cause of the injury event are critical in terms of figuring out who, if any person or company, may be legally responsible to compensate the injured party. In work circumstances, this is usually that individual's direct employer. Sometimes, a third person or company can be held financially responsible even in the presence of a work injury. That is one reason it is particularly helpful if the attorney retained knows what to look for and how to pursue both types of legal claims.

Continue reading "SPINAL INJURIES- A LAWYERS PERSPECTIVE" »

Personal Injury and Medical Malpractice cases are not only about benefiting the injured parties, obtaining answers for them and appropriate financial compensation,but also about achieving social justice which benefits us all. To quote Connecticut Supreme Court Justice Peter Zarella:

"The profession of law is not just a business. It transcends a mere occupation. It is a lifelong communal pursuit of justice."

Just like government must be accountable to have a free and fair society and its mistakes laid bare the same is true in our society's private endeavors. Errors committed by Connecticut area hospitals, physicians, construction companies, manufacturers , Insurance companies as well as Companies who employ Connecticut workers must be held accountable where their actions cause harm and suffering. The natural inclination to deny any mistake or wrongdoing and defend is most often the predictable iniital response. Occasionally, active concealment and coverup is as well. Neither instinct when allowed by these Entities to become an ongoing legal strategy serves to assure justice to those injured or the rest of us. That behavior is injurious to our familes in the larger community and must not be tolerated.

Continue reading "Public Interest Benefits From Personal Injury Lawyering" »