Paterson, New Jersey Legal Blog

Multi-vehicle crash injures 5-year-old, 3 others

Authorities in New Jersey take auto accidents that injure children and/or pedestrians very seriously. The same holds true in Brooklyn, where law enforcement issued a summons to a teenage girl who allegedly struck two other vehicles and a pedestrian with her sports car on Monday afternoon. 

Reportedly, the sports car's driver had four passengers in the vehicle with her, all teenage girls like herself. She allegedly ran a red light at the intersection of 4th Avenue and 54th Street, reportedly striking a minivan, a pedestrian and one other vehicle. 

The Glasgow Coma Scale explained

Most people in Paterson likely share the hope that they will never have to deal with the consequences of a traumatic brain injury (be it one that they themselves suffer or one sustained by a family member or friend). Yet these types of injuries are more common than many may think. Indeed, according to information shared by the Centers for Disease Control and Prevention, over 2.5 million Americans were seen in hospital emergency departments for TBIs in 2014 alone. 

The greatest fear that most have in the immediate aftermath of a TBI is what the victim’s long-term prognosis may be. One might be able to recover from a mild TBI (typically termed to be a concussion) in just a few days without experiencing any lingering effects. Those who suffer severe TBIs may be left completely dependent on extensive care for the rest of their lives. Such knowledge would no doubt impact the decisions made by a TBI victim’s loved ones as to whether or not to seek legal action (if it is indeed warranted). 

Keeping or selling your home in a divorce

If you and your spouse have been talking about getting a divorce and you own a home together in New Jersey, you might be wondering how to decide what you should or should not do with your home during or after your divorce. Many people want to try and keep their homes, especially if they still have children who live at home. This is understandable given the emotional attachments often associated with a home. However, this may not be a wise option from a financial perspective.

The Mortgage Reports explains that if one person keeps the home, it is preferable for that person to get a new mortgage that is only in their name instead of allowing an existing joint mortgage to remain in place. The reason for this is because it is the only foolproof way to eliminate financial liability for the other spouse. 

Rear-end collisions: Often a result of distractions

Rear-end crashes can be caused by many things, one of which is simply not paying attention to the road. Distractions are a serious cause of collisions of many types, but they are often seen with rear-end wrecks.

In a rear-end collision, a vehicle hits you from behind. Some common causes include:

  • A driver who was following too closely behind you
  • Moving too quickly or suddenly for the driver behind you to respond
  • Distractions that take the rear driver's eyes off the road

Navigate the divorce conversation with kids

When New Jersey couples decide to get a divorce, they may wonder how they will tell their children. When people sit down to talk to their kids about this new development, there are a few things they may want to keep in mind.

Before they tell their children about the divorce, parents may want to decide what they will say. Parents magazine says people should consider what their kids might need to hear in this conversation. Some people, for example, may want to emphasize that the kids are not responsible for the divorce. Other children may need to hear that their parents still love them and that they are still a family. Additionally, it is a good idea for parents to talk to their kids together. It may be best if people speak to all of the kids at the same time. Sometimes, though, it may be a good idea to have individual conversations if parents think that one child will not take the news well.

Field sobriety test accuracy rates

If you find yourself facing criminal charges for allegedly driving under the influence of alcohol in New Jersey, it is important for you to learn about the facts that may be used to support a conviction by the prosecution team. These include the outcomes of the standardized field sobriety tests that are administered at the location of your stop and before you are arrested.

It is true that if a police officer deems you to have failed one or more of these tests, you may be arrested and charged with drunk driving. It is not true, however, that the results of any of these tests can ever prove that you were drunk at the time. As explained by FieldSobrietyTests.org, the purpose of these tests is simply to provide enough evidence so that an officer has the legal right to place you under arrest.

Reviewing the attractive nuisance doctrine

Summertime in Paterson offers your kids the chance the to enjoy carefree days full of adventure and excitement from all that the local area has to offer. As a parent, however, you often cannot fully enjoy the same benefit. That is because you worry about what your kids might encounter when they are out there having fun (specifically those attractions that might harm them when they are out there having fun). Many parents have come to us here at the Law Office of Scirocco & Marotta after their kids have been hurt by one of these attractions wondering what (if any) legal recourse is available to them. 

Like them, you will be comforted to learn that the attractive nuisance doctrine places the responsibility for protecting kids from dangerous attractions on the owners of the properties on which they are located. Per the Cornell Law School, this doctrine is based on the assumption that children (especially little children) lack the comprehension needed to understand the the risks that certain attractions pose). Therefore, property owners can be held liable if and when those attractions cause injuries it children. 

Brain injury lawsuit alleges negligent hiring

The legal principle of respondeat superior assigns liability to employers in Paterson for the negligent actions of their employees. Yet in many cases, an investigation into an employee's background might call into question the decision to hire them in the first place. In many industries, it is expected that employers will perform a thorough background check on job candidates to see if anything from their past may call their judgment into question (at the very least, employers should get an idea as to whether or not a person is qualified during the interview process). If those expectations are not met, and an employee later causes damages, accusations of negligent hiring may be leveled at the employer. 

Such is the claim being made by the family of a firefighter injured in the line of duty in Pennsylvania. The man suffered a severe brain injury that still has him hospitalized until this day when the driver of a dump truck hit him as he was directing traffic at the scene of an accident. In their lawsuit, the family claims that the company employing the driver hired him despite him not being qualified to operate the vehicle that he was driving, and that numerous incidents in the years prior to the accident should have indicated his inability to safely perform his job. 

Drunk driving: These are options to help prevent a DUI

If you're someone who likes to go out and have a good time, you probably know how quickly you can get into trouble with the law if you drink and drive. Fortunately, the world has changed a lot, and it's much easier to go without a vehicle.

There are multiple options that can help you prevent a DUI, so that you don't ruin your summer or someone else's. Here are three tips that you should consider.

Sayreville man accused of sexual abuse

Allegations of abuse against children may often prompt anger in community members in Paterson. When that abuse is reported to be sexual, that anger can be even further compounded. The fact that it was allegedly perpetrated against kids may cause many to rush to judgment and assign guilt to those accused before even allowing the facts of a case to come out. Even when those facts are released, people may already be so deeply prejudiced that they may have already formed their opinions. It should be remembered, however, that judgments should be reserved until a clear case is present. 

In the reporting of alleged sexual abuse, however, clarity is not something that is made immediately available. One need look no further than the arrest of a school teacher from Sayreville to confirm this fact. The teacher (who had been working at his school since 2005) allegedly engaged in sexual conduct with a minor student. Details of the conduct where not released other local Department of Education officials calling the incident deeply disturbing. The school has announced that the teacher will not be permitted to work there while the investigation into his alleged crimes is ongoing. 

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