The Cintron Firm, LLC Blog

Third Party Liability for Motor Vehicle Accidents

August 22, 2019 by The Cintron Firm

Can Someone Other than the Driver Be Responsible?

When you’ve been injured in a motor vehicle accident, the first place you typically look to recover for your losses is the at-fault driver. But what if that person is uninsured or underinsured? Are there other avenues that you can pursue, so that you can get full and fair compensation for your losses? There may be.

In any personal injury lawsuit based on negligence, you must show three things:

That another person failed to act reasonably under the circumstances
That the failure to behave reasonable caused an accident
That you suffered actual losses because of the accident

Accordingly, it may be possible to seek and recover damages from persons other than the driver of the other vehicle, provided you can demonstrate a breach of the duty of care and a causal link to your injuries. Here are some of the most common instances where third party liability may be established:

Respondeat superior—This legal doctrine allows you to seek damages from the employer of a person causing an accident, provided the employee was in the course of employment at the time
Vicarious liability—Under this principle, the owner of a car may have liability for an accident caused by someone who borrowed the vehicle, or a parent may have liability for an accident caused by a teenage driver
Dram shop or social host liability—If the other driver was intoxicated, you may have a claim against the individual or establishment that served the alcohol
Product liability—If the crash was caused by a dangerous or defective automotive design or part, you may be able to bring legal action against the designer, manufacturer, distributor or retailer
Danger or defective roadway—If there was loose gravel, water/ice on the road, or a pothole that caused the accident, you may be able to sue the municipality responsible for maintaining the road

Contact Our Office

At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Send us an e-mail or call us at 201-791-1333 or 917-494-5695 to set up an appointment.

Should You Accept a Settlement from Your Insurance Company?

July 31, 2019 by The Cintron Firm

The Importance of Consulting an Attorney Immediately after an Automobile Accident

When you’ve sustained an injury because of the carelessness or negligence of another motorist, it’s customary to contact your insurance provider to help cover your losses. In states like New Jersey, with its no-fault auto insurance laws, you are required to work directly through your own insurance provider. Don’t be surprised, either, if your insurer comes to you pretty quickly and offers you a certain amount of money to resolve your claim. They may tell you that they’ve thoroughly investigated the accident and determined that that’s the full amount of your coverage. In some instances, they may simply send you a check.

Before you sign anything, including the check, you want to consult with an attorney. Why? Because insurance companies are for-profit entities, and they make their money by minimizing the amount they pay for claims. Accordingly, they may offer you significantly less than your claim is worth (or than you’ll actually incur in losses). Once you’ve accepted the settlement, you may have waived the right to compensation for any further losses.

With an attorney, it works the other way around. Your attorney has a vested interest in maximizing your recovery, as he or she will typically receive a percentage of whatever you recover. Both the insurance company and your attorney will have a much better idea of the total potential losses than you will. The insurer, though, has no incentive to disclose to you that some of your injuries may take weeks or even months to heal, and can severely hamper your life in the interim. Your lawyer, though, will know what to expect and can make certain that any potential settlement takes into account all potential losses.

Contact Our Office

At the Cintron Firm, LLC, we bring more than 14 years of experience individuals who have suffered any type of personal injury. To set up an appointment, contact our office at 201-791-1333 or 917-494-5695 or send us an e-mail.

Summertime—The Worst Time to Be On the Roads in New Jersey

July 29, 2019 by The Cintron Firm

Study Shows Accident Rate Higher in July and August than Other Months

A quick quiz—that’s the most dangerous time of year to be out and about on the streets and highways in New Jersey? The winter, right? All that snow and ice makes motoring around pretty precarious, doesn’t it?

Actually, no. According to statistics gathered by the National Highway Traffic Safety Administration (NHTSA), the two months with the highest accident rates all year are July and August, with more than a quarter of the nation’s traffic fatalities in those two months.

But how can that be? Here are some of the reasons cited by the NHTSA:

The average speed is higher in the summer—Because the roads are cleaner, drivers tend to travel at higher rates of speed in the summer.
There are more people on the roads in the summer months—Young drivers are generally out of school and often choose driving around as a primary activity, as it doesn’t require a lot of money. In addition, most families take their vacations during the summer months, and driving has become more popular over the last 4-5 years with the cheap price of gas. If the accident remains the same, but there are more drivers on the roads, there will be more accidents.
There are more teenaged drivers on the roads in the summer—Teenagers are involved in about one of every three motor vehicle accidents every year. When they’re not in school, more often than not, they’re out driving somewhere.
Drivers are more tired in the summer—The average trip tends to be longer in the summer, leading to more driver fatigue.
There’s more road construction in the summer—Studies show that construction zones are frequently causes of motor vehicle accidents. Particularly in northern climates such as New Jersey, there’s far more construction in the summer than other times of the year.
Warmer temperatures can result in more instances of road rage or aggressive driving.

Contact Us

At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges, including people who have sustained workplace injuries. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.

Ensuring that You Maximize Your Recovery after a Work Injury

July 25, 2019 by The Cintron Firm

Situations Where You May Not Be Limited to a Workers’ Compensation Claim

When you’ve been hurt on the job, the first place you typically look for compensation for your losses is the New Jersey workers’ compensation laws. Under New Jersey law, if you have suffered an injury and it happened during the course of your employment, you have a right to pursue benefits. Your employer or the workers’ compensation insurance company may tell you that you are limited to what you can recover in a workers’ compensation claim, but that may not be correct. In fact, there are times when you can bring a workers’ compensation action and a personal injury lawsuit simultaneously for the same workplace injury.

Under the New Jersey workers’ compensation program, you have a right to seek benefits for injuries caused by the carelessness or negligence of your employer or a co-worker. However, when you suffer injuries because of the carelessness of an unrelated third party, you are not limited to a workers’ compensation claim. For example, if you are involved in a motor vehicle accident where the at-fault driver was neither your employer nor a co-employee, you can file a separate civil lawsuit against that driver. Likewise, if you sustain an injury because of a dangerous or defective product manufactured by a third-party, or because of the negligence of an employee on an adjoining work site, you won’t be limited to a work comp claim.

It’s important to understand, though, that even though you can file a workers’ compensation claim and a personal injury lawsuit at the same time, you cannot recover twice for the same injury or loss. For example, if your workers’ compensation claims covers all medical expenses, you can seek to recover those same losses in a civil action.

Contact Our Office

At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Send us an e-mail or call us at 201-791-1333 or 917-494-5695 to set up an appointment.

What Happens If You Were Partially Responsible for Your Injury?

June 21, 2019 by The Cintron Firm

Understanding Comparative Negligence in New Jersey

When you’ve been hurt because of the careless or wrongful acts of another person, you have a right to seek monetary compensation for your losses. But what if you were also negligent or careless? Suppose another person is exceeding the speed limit in a car, but you fail to stop at a stop sign. If they had been traveling at an appropriate rate of speed, they would have been able to stop in time. If you hadn’t run the stop sign, the accident would not have occurred. Can you still seek damages for your losses?

Though it hasn’t always been the case, the good news is that you can still pursue compensation for injuries suffered in an accident, even if you helped cause the mishap. There are conditions, however. Here’s how it works.

Like all other states, New Jersey has replaced the common law doctrine of contributory negligence with comparative negligence. Under the principle of contributory negligence, any wrongdoing or carelessness on the part of an injured person prevented recovery for any injuries sustained. Unfortunately, in practice, the concept was often harshly applied, with grossly negligent defendants escaping liability by providing evidence of minimal carelessness by an injured person.

Under the comparative negligence approach, the court will determine the total amount of an injured person’s losses, and then reduce that by the degree to which the injured person was responsible. Two forms of comparative negligence have developed:

Pure comparative negligence, where the injured party always receives something, unless the jury finds him/her fully responsible
Modified comparative negligence, where the injured party only receives compensation if his or her negligence does not cross a certain threshold, typically 50%.

New Jersey is a modified comparative negligence state.

Contact Our Office

At the Cintron Firm, LLC, we bring more than 14 years of experience individuals who have suffered any type of personal injury. To set up an appointment, contact our office at 201-791-1333 or 917-494-5695 or send us an e-mail.

Do You Have to Be on the Payroll to Qualify for Workers’ Compensation?

June 12, 2019 by The Cintron Firm

Can You Seek Benefits If You Are Paid “Off the Books”?

It’s a fairly common practice across the country—many companies pay workers “under the table,” avoiding responsibility for tax withholding. What happens if you’re working for a company, but not on the payroll, and you suffer a job-related injury? As an employee, you’d have the right to seek workers’ compensation benefits. Do you have to be on the company’s payroll to file a workers’ compensation claim? Are you simply out of luck?

In New Jersey, as in other states, there are only two requirements to qualify for workers’ compensation—you must have been injured and the injury must have occurred on the job. Accordingly, the fact that you were not on the payroll will not automatically disqualify you from collecting workers’ compensation benefits.

A caveat, though—if you are determined to be an independent contractor, you will not be eligible to recover workers’ compensation benefits from the employer. As a general rule, when evaluating whether you are an independent contractor or an employee, the courts will consider three factors:

The extent to which the employer controls your behavior—the type of instruction/direction you receive, any type of training you get from the employer, whether you are subject to worker performance reviews or evaluations
The extent to which the company exercises financial control—Are you reimbursed for expenses? Who stands to make a profit or loss? Are your services available to others? How are you paid and how regularly?
Your relationship with the employer—Is there a written employment contract? Do you receive any other benefits? How permanent is the relationship? Are the services you provide integral to the business of the company?

Contact Us

At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges, including people who have sustained workplace injuries. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.

Expunging a Criminal Record in New Jersey

June 3, 2019 by The Cintron Firm

Diminishing the Impact of Past Mistakes

We all make mistakes. In some instances, though, those errors in judgment can haunt us for years. A prior criminal record can make it difficult to get the job you want, to find a decent place to live, to get a loan or even to qualify for student aid. Fortunately, in the state of New Jersey, you can expunge certain criminal records, giving an opportunity for a fresh start. When your record is expunged, it will as if the records never existed in the first place. In most contexts, you can even deny that you were arrested or convicted.

The rules in New Jersey are somewhat different, depending on whether or not you were convicted of a crime.

No conviction–If you were arrested, but not convicted, you can ask to have all records sealed if the proceedings were dismissed or if you were acquitted. If you participated in a supervisory treatment program, which led to the dismissal, you must wait six months after the dismissal to seek expungement. Records may not be expunged, though, if the dismissal was the result of a ruling of insanity or lack of capacity, or the result of a plea bargain involving another criminal charge.
Conviction—You can still pursue expungement, even if you were convicted, but you must typically wait six years from the date of the conviction for an indictable offense and five years for a disorderly persons offense. Municipal ordinance violations may be expunged after two years and minor drug offenses after just a year.

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What You Can Expect When You’ve Been Charged with Domestic Violence in New Jersey

May 30, 2019 by The Cintron Firm

Protecting Your Rights When You’ve Been Accused of Domestic Abuse

Like most states, New Jersey takes a tough stance when someone makes allegations of domestic violence or abuse. More often than not, if police are called to the scene, someone will be taken into custody. Under the law, if there’s any physical evidence of injury, police officers are required to make an arrest. However, a police officer may take a suspect into custody based solely on the statements of the purported victim, even though there’s no physical sign of violence or abuse.

If you are arrested, the police officer must notify you of your rights under the Miranda ruling. In addition, law enforcement officers must prepare a written report whenever they are called to the scene of a domestic dispute.

A domestic violence complaint may be filed, though, without calling police. A person who believes that he or she has been the victim of domestic abuse may file a complaint in the New Jersey family courts (the complaint must be filed in the county in which the abuse occurred or where one of the parties resides). Once the complaint is filed and the victim meets with a probation officer and someone from the state’s battered women’s program, the case goes to a judge/domestic violence hearing officer, who will make a determination as to whether or not the allegations fall under the definition of domestic violence. If the judge rules that they do, a temporary restraining order (TRO) will be issued, limiting the alleged perpetrator’s contact and access to the victim. The victim must advise local law enforcement of the existence of the TRO.

Once the TRO is in place, the court must schedule a final hearing, where both parties will be allowed to give testimony. The final hearing must take place within 10 days of the issuance of the TRO. At that hearing, the judge will decide whether to put a Final Domestic Violence Restraining Order (FRO) in place, and, if so, what the terms of that order will be.

Contact Our Office

At the Cintron Firm, LLC, we bring more than 14 years of experience individuals who have suffered any type of personal injury, including physical injuries in a work-related accident. To set up an appointment, contact our office at 201-791-1333 or 917-494-5695 or send us an e-mail.

Rights of Way for Pedestrians in New Jersey

May 24, 2019 by The Cintron Firm

Determining When Pedestrians Must Yield to Motor Vehicle Operators

Pedestrian accidents are a serious problem in New Jersey and across the United States, with more than 350 injured pedestrians visiting a hospital emergency room somewhere in America every day. New Jersey has specific laws on the books to protect the health and safety of pedestrians. The goals of those statutes are to encourage the safe sharing of the roadway.

One of the obvious questions has to do with right of way. If a motor vehicle operator has a green light and a pedestrian has the “walk” sign, who actually has the right of way? Here’s how New Jersey addresses that issue:

As a general rule, a motorist must stop and let a pedestrian cross if the pedestrian is either halfway across the road (through the crosswalk) or so close to the middle that it would create a danger to make the pedestrian stop.
A pedestrian crossing at an intersection (with a marked or unmarked crosswalk) must yield to the right of way of motor vehicle operators.
A pedestrian must obey all crosswalk signals (“Don’t walk,” for example), unless instructed by a law enforcement or public safety officer
A pedestrian may not cross diagonally at an intersection, unless there is a traffic control signal allowing and governing that type of crossing.
A pedestrian may not enter into a crosswalk if the signal warns against entry or if a vehicle entering the crosswalk would not be able to yield or stop

A pedestrian on a sidewalk always has the right of way with respect to a motor vehicle, whether the driver is leaving or entering a driveway, alley, parking ramp, private road or parking lot.

Contact Us

At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges, including people who have sustained workplace injuries. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.

How Does Equitable Distribution Work in a New Jersey Divorce Proceeding?

May 14, 2019 by The Cintron Firm

Dividing Property after a Marital Breakup

When your marriage has ended and divorce is the only option, one of the thorniest issues to resolve can often be the division of marital debts and assets. There’s less emotional turmoil than with custody issues, but some of the assets may be difficult to divide, causing acrimony over whether or not there’s a fair distribution.

For purposes of property allocation in a divorce, New Jersey is an equitable distribution state. If the parties cannot reach an agreement, the court will attempt to divide debts and assets as fairly as possible, though not necessarily equally.

Factors the court will consider when determining what is equitable include:

the length of the marriage
the age and physical and emotional health of the parties
the income or property brought to the marriage by each party
the standard of living established during the marriage
any written agreement made by the parties before or during the marriage concerning an arrangement of property distribution
the economic circumstances of each party at the time the division of property becomes effective
the income and earning capacity of each party, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children, and the time and expense necessary to acquire sufficient education or training to enable the party to become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage
the contribution by each party to the education, training or earning power of the other
the need of a parent who has physical custody of a child to own or occupy the marital residence and to use or own the household effects
the debts and liabilities of the parties
the contribution of each party to the acquisition, dissipation, preservation, depreciation or appreciation in the amount or value of the marital property, as well as the contribution of a party as a homemaker
the tax consequences of the proposed distribution to each party
the present value of the property
the need for creation, now or in the future, of a trust fund to secure reasonably foreseeable medical or educational costs for a spouse or children
the extent to which a party deferred achieving their career goals
any other factors which the court considers relevant

Contact Us

At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges, including people who have sustained workplace injuries. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.