Category: Hot Topics

Three More People Critically Injured In Motorcycle Crashes

Posted on July 27, 2008 by James Sabatini - Car Accidents, Hot Topics

Three more people have been critically injured in motorcycle crashes on our Connecticut roads and highways over recent days. These crashes follow a fatal crash earlier in the month where two riders died in a crash in Rocky Hill. These latest crashes have an escalated an ongoing debate as to whether Connecticut should require helmets when riding motorcycles. The Connecticut Motorcycle Riders Association continues to advocate that helmet wearing should remain optional.

We previously blogged about the helmet law in Connecticut along with helmet laws across the country. While it is understandable that many invididuals want to be free to choose whether or not to wear a helmet while riding a motorcycle, the choice that should be made in every instance is to wear it.

Common Acts Of Negligent Boating

Posted on July 20, 2008 by James Sabatini - General, Hot Topics

With summer here, boating accidents in Connecticut are on the rise. Tragically, many of these accidents can be prevented by operating the boat in a safe manner. Below are just a few examples of negligent boating in Connecticut waters:

To speed in no-wake zones.
To disregard the Navigational Rules.
To weave through congested waterway traffic.
To operate under the influence of alcohol or drugs.
To operate at night without proper navigation lights.
To operate a boat within an area clearly marked as restricted.
To allow any person to ride on the bow, gunwale, transom or in any position that is obviously dangerous.
To overload or overpower a boat beyond its safe carrying capacity or beyond what is prudent given weather and other operating conditions.
Following too closely

Connecticut Fails to Increase Car Insurance Policy Limits

Posted on July 10, 2008 by James Sabatini - Car Accidents, Hot Topics, Legal News

Amazingly, the Connecticut Legislature was unable to get House Bill No. 5515 An Act Increasing The Financial Responsibility Limits for Motor Vehicles out of committee. The proposed legislation would have increased the auto libability insurance minimum limits from $20,000 per individual/$40,000 per occurrence to $25,000 per individual/$50,000 per occurrence. What are elected representatives were thinking in killing this bill is beyond me. Connecticut is one of the most expensive states to live in. If you are involved in a car or truck accident and sustain serious injuries, your medical bills alone will exceed $20,000. Yet, Connecticut continues to allow motorists to drive with minimal coverage of 20/40. Furthermore, if you are hit by someone who was at fault for causing the collision and both the tortfeasor and you have a 20/40 policy, there is only $20,000 total to compensate for your injuries. Aynone driving in the State of Connecticut should have at least 100/300 policy limits with conversion underinsured motorist benefits. Conversion underinsured motorist benefits allows for the stacking of your policy on the tortfeasor’s policy. Without conversion, you cannot stack and the available underinsurance will be less or non-extistent. Here is how conversion works. Lets say that the tortfeasor and you have a 100/300 policy and your injury claim is worth $200,000. If you do not have conversion then since the policy limits are the same, there is only $100,000 in insurance for your injuries. If there is conversion, you will get the $100,000 from the tortfeasor and $100,000 from your own policy for a total of $200,000.

AAJ Publishes Top Ten List Of Worst Insurance Companies

Posted on July 9, 2008 by James Sabatini - Hot Topics, Legal News

The American Association for Justice has published its ten worst insurance companies for consumers. Forget what you see on TV, as a consumer you are not in good hands with Allstate. Each of the top ten companies will use various unfair tactics to increase profit. In many instances, the companies attempt to increase profits at the expense of their policyholders in the form of denial of legitmate claims or refusing to resolve the claim for a fair, just and reasonable amount. So if you are consumer shopping for car, property or disability insurance be mindful of this list. If you have an existing policy with any of these insurance companies think about switching to a new company the time of renewal.

Legislation Introduced To Allow Medical Device Lawsuits

Posted on June 29, 2008 by James Sabatini - Defective Products, Hot Topics, Legal News

U.S. Reps. Frank Pallone, Jr. (D-NJ), Chairman of the House Energy and Commerce Subcommittee on Health, and Henry A. Waxman (D-CA), Chairman of the House Oversight and Government Reform Committee, recently introduced legislation in the House that will reverse a U.S. Supreme Court decision earlier this year involving medical devices. A companion bill will soon be introduced in the Senate by U.S. Sens. Edward Kennedy (D-MA), Chairman of the Senate Health, Education, Labor, and Pensions Committee, and Patrick Leahy (D-VT), Chairman of the Senate Judiciary Committee.

In February, the U.S. Supreme Court immunized medical device companies from state lawsuits brought by patients who are injured by certain medical devices. In Riegel v. Medtronic, Inc. the Court found that the product liability claims are barred by a preemption clause included in the Medical Device Amendments of 1976 (MDA). This decision was wrong. It ignored both congressional intent and 30 years of experience in which FDA regulation and tort liability played complementary roles in protecting consumers from device risks.

Because of the Court’s decision, seriously injured people are without any ability to seek compensation for their injuries, medical expenses and lost wages resulting from injuries caused by defective premarket approval (PMA) devices or inadequate safety warnings. It also removes one of the industry’s most important incentives to maintain product safety after approval and disclose newly-discovered risks to patients and physicians.

The Medical Device Safety Act of 2008 protects patients from dangerous and defective devices by correcting the Court’s flawed interpretation of the MDA. The legislation explicitly clarifies that state product liability lawsuits are preserved. People should contact thier elected Congressmen and Senator to voice support of this legislation to ensure that injured people have a right to compensation for injuries caused by dangerous and defective medical devices.

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