The Cintron Firm, LLC Blog

Who’s Responsible for a Pedestrian Accident?

April 17, 2019 by The Cintron Firm

Determining Legal Liability When a Motorist Hits a Pedestrian

The U.S. Centers for Disease Control (CDC) estimates that more than 130,000 people will make a trip to the emergency room this year after being hit by a motor vehicle. About 16 of those pedestrian accidents will be fatal every day. When you’ve suffered injury as a pedestrian in a collision with an automobile, you may have the right to seek damages for your losses, from wages and income to loss of enjoyment of life, from pain and suffering to medical expenses. You right to recover compensation, however, is determined by who “caused” the accident.

Under New Jersey law, fault in pedestrian accidents is based on the legal concept of negligence. The long-established principle of negligence holds that every person, in all their actions, must adhere to a standard of “reasonable care.” When a person operates a motor vehicle or crosses the street, he or she must behave reasonably. Typically, that means obeying all traffic laws, signs and signals, but also paying reasonable attention to the circumstances at the time. Accordingly, motorists may be required to use a higher degree of care if weather, roadway or other conditions make it more difficult to observe pedestrians.

The determination of whether a person’s conduct met the standard of reasonable care is not set forth in New Jersey law, but is determined by the jury on a case-by-case basis. In a lawsuit, then, the jury will typically look at the behavior of all parties to determine whether it was reasonable. Fairly often, a jury will conclude that both parties “contributed” in some manner to causing the accident. When both parties have been deemed to be somewhat responsible, the jury will apply the legal principle of “comparative negligence” to determine how much compensation (if any) the injured party will receive. See our earlier blog to learn more about comparative negligence in New Jersey.

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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.

Statistics Show Trucking Accident Rates Continue to Rise

April 2, 2019 by The Cintron Firm

Authorities Say More Trucks and Cheaper Gas Mean More Miles on the Road and More Accidents

According to statistics collected by the Federal Motor Carrier Safety Administration (FMCSA), deaths caused by large commercial truck accidents increased in 2017 by approximately five percent. More than 4,000 motorists, passengers or pedestrians lost their lives in truck accidents that year. Experts attribute the increase to the combination of continued low prices for gasoline, as well as the dramatic increase in the number of big rigs on the roads—now nearly two million on any given day.

Studies show that driver error is the most common cause of all truck accidents. Data shows that more than one of every four truck drivers involved in a motor vehicle accident had some evidence of use of improper drugs or pharmaceutical products—often stimulants designed to allow drivers to spend more time on the road.

The statistics collected by the FMCSA also indicated that truck drivers and trucking companies often ignore or consciously violate state and federal truck regulations governing time on the road and maintenance of vehicles. Under federal law, truckers are supposed to take scheduled breaks, and are limited to the number of hours they can be on the road consecutively, as well as over a specific period of time. Officials found evidence that logs had been falsified and that many drivers failed to log all their time.

The FMCSA found that the common causes of truck accidents included:

Aggressive driving, with many instances of road rage
Lack of familiarity with roads
Failure to obey traffic laws or signs
Failure to check mirrors before turning, changing lanes, or sudden braking
Distracted driving, such as the use of cell phones, tablets and music players

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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.

New Jersey Allows Time Off from Work for Victims of Domestic Violence

March 20, 2019 by The Cintron Firm

State Law Requires Employers to Permit Time Off

When you’ve been the victim of domestic abuse or violence, it affects every aspect of your life— home, social gatherings and even work. It may be the physical consequences—the need for ongoing medical treatment. But it can also involve deep emotional and psychological trauma, requiring counseling or therapy. When those wounds are still fresh, it can be extremely difficult to perform the functions of your job.

In addition, if you are in a household where others have been subjected to domestic violence, you may have psychological wounds of your own, or may need to be a support mechanism for your loved one.

Recognizing the impact domestic violence can have on your psyche and your ability to effectively handle the duties of your job, the New Jersey legislature passed a law permitting employees who have been involved with instances of domestic violence to take a leave of absence without fear of retribution, including retaliation or termination. The law sets forth fairly specific criteria, however, both with respect to who qualifies and how much time may be taken.

Eligibility for Time Off

To qualify for time off, you must work for a company that has at least 25 employees. In addition, you must have worked at least 1,000 hours for that employer during the previous 12 calendar months.

Before you can take time off, you must provide written notice to your employer. It’s important to note that you do not have to be the victim of domestic violence to qualify for time off, but you will need to provide your employer with appropriate documentation to support your request. That may include:

A restraining or protective order issued by a court
Certification from a certified domestic violence specialist, a domestic violence agency or the director of a rape crisis center
Documentation showing that your accuser was convicted of domestic violence
Medical records
Communications from a prosecutor
Other documentation from a professional, such as a shelter worker, social worker or member of the clergy

The Amount of Time You May Take Off

Under New Jersey’s law, a person can take up to 20 days during the 12 month period following a request for time off.

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.

The Duties of Property Owners in Winter in New Jersey

March 5, 2019 by The Cintron Firm

Slips and Falls on Snow or Ice—Premises Liability

It’s winter in New Jersey and that typically means snow and ice—on the roads, on the sidewalks, and on steps and other places pedestrians travel. In New Jersey, as in other states, the owner of residential or commercial property, or anyone who exercises control over real property (such as a tenant or property manager) has a duty to monitor and maintain the premises in a way that reasonably minimizes the risk of injury to visitors. How do those laws apply to the accumulation of snow and ice? What are the duties of a property owner to respond to winter weather conditions?

Unlike some other states, New Jersey does not have a specific law addressing the obligations of property owners with respect to snow and ice. Instead, general principles of premises liability will apply. Under those concepts, a property owner must take “reasonable” steps to discover and remediate any dangerous conditions caused by the accumulation of snow or ice. There’s no absolute duty to keep property clear of snow or ice.

Furthermore, there are no specific criteria to identify when a property owner must take action. That’s customarily determined by a jury. As a general rule, the jurors will look at whether the property owner knew or should have known of the risks posed, as well as the type of response made. For example, if there was significant advance warning of a snowstorm, or if the property owner knew from past experience that certain spots were more likely to accumulate snow or pose a danger, a jury will probably require that the property owner take more concrete steps to remove snow or ice. If, however, the snowstorm was unanticipated or the accumulation was uncharacteristically fast, it’s likely that the jury would not expect a complete removal.

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.

Common Defenses to Allegations of Breach of Contract

February 20, 2019 by The Cintron Firm

Perhaps the most common claim made in business and commercial litigation is an allegation of breach of contract. In such a claim, one of the parties to a purported agreement asserts that the other party has either failed to perform as set forth in the contract, or provided substandard or non-conforming performance.

Typically, when a commercial lawsuit has been filed, the defendant (person being sued) will accept or reject the assertions made by the other party, but may also raise what are known as “affirmative” defense. An affirmative defense differs from a simple response to an allegation because it requires that the defendant prove all the elements of the defense, should the case go to trial.

Here are the most common affirmative defenses in breach of contract lawsuits:

The contract lacks specificity—If the defendant can show that the contract terms are vague, or that the contract does not allow one or both parties to understand their rights and responsibilities, the contract can be voided.
The contract violates the statute of frauds—The statute of frauds identifies those agreements that must be in writing to be valid. These types of contracts are defined by state law and typically involve contracts for the sale of land, contracts for marriage and surety agreements, among other types of contracts.
There was a mutual mistake regarding a material fact—If both parties had the same understanding and that understanding can be proven wrong, the contract can be voided
One of the parties lacked contractual capacity—As a general rule, this occurs when one of the parties was a minor (though special rules apply), one of the parties was intoxicated, or one of the parties lacked the mental capacity to enter into a contract.
The contract was not voluntarily entered into—This argument can be made if there was duress, undue influence or fraud/misrepresentation.
The contract is deemed “unconscionable” by the court—The court will customarily not enforce a contract that is grossly or patently unfair, particularly where the parties lack equal bargaining power.
The subject matter of the contract is illegal

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The Basics of Prenuptial Agreements

February 5, 2019 by The Cintron Firm

If you are thinking about getting married and you’ve either been married before or you are bringing substantial assets into the marriage, you should consider drafting and signing a prenuptial agreement, so that you can protect your assets in the event of separation or divorce. Contrary to popular belief, the decision to address property issues with a prenuptial agreement is not reflective of a lack of trust—it’s a way to keep financial issues from taking center stage in your marriage, allowing you to focus on your relationship.

Do You Need a Prenuptial Agreement?

There are generally four reasons to implement a prenuptial agreement. If any of them apply to your situation, draft and sign one:

You have children from a prior marriage to whom you want property to go. Without a prenuptial agreement, your spouse may receive a greater portion of your estate than intended at your death. Of course, you can also avoid that with effective estate planning.
You want to prevent arguments about money should you separate or divorce—In a prenuptial agreement, you can specify the division of debts and assets in the event of a divorce.
You don’t want to be responsible for your spouse’s debts—You may have concerns about substantial debt your spouse brought into the marriage or has accumulated while you’ve been married. A prenuptial agreement can be used to allocate specific debt to specific parties.
You may want to clarify your financial rights during marriage—A prenuptial agreement can dictate access to assets, as well as financial responsibilities, during your marriage.

What Happens If You Don’t Have a Valid Prenuptial Agreement?

In New Jersey, if you don’t have a prenuptial agreement in place, the courts will use the principle of equitable distribution to divide marital debts and assets. Under this principle, the court will simply seek to make a distribution that’s fair (not necessarily equal), using a number of factors, including the length of the marriage, standard of living during the marriage, age and health of the parties, and earning potential of the parties (among other considerations).

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Things to Watch Out for When Buying a Car from a Dealer

January 24, 2019 by The Cintron Firm

Some of the Common Ways that a Dealer Will Mislead You

Unless you work with cars or it’s a serious avocation, you can easily be victimized by a less-than-honest car dealer. It’s not just the price, either. Here are some of the most frequent tactics that care dealers will use to try to take advantage of you:

The old “bait and switch”—This one is as old as time. The dealer advertises a vehicle that meets all your needs, at a price that can’t be beat. Unfortunately, when you get to the dealership, the car is “no longer available.” Be careful if the dealer then tries to sell you one that’s “just as good or even better.” To avoid this happening, call the dealer before you go look at the car and confirm both the offer and that the car is still there. It’s also a good idea to bring a copy of the advertisement with you.
Hidden fees or false statements about the total price—This happens on a regular basis—the salesperson quotes you a specific price and you verbally accept. When the deal is printed up, though, it includes hundreds or thousands of dollars in fees that were not previously discussed. If this happens, walk away and notify the Federal Trade Commission. It’s a violation of law.
Unwanted options or accessories—Take a close look at the sales contract and make certain it doesn’t include things you didn’t ask for or didn’t want, such as extended warranties or rust-proofing. If the salesperson told you there would be no added cost, make certain the sales agreement reflects that.
Financing irregularities—Don’t let the dealer mislead you about your eligibility for credit…know your credit score before you go to the dealer. Consider getting your loan from your own bank or credit union.

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New Jersey Wage Garnishment Laws

January 10, 2019 by The Cintron Firm

When you’re attempting to collect a debt in New Jersey, one of the first places you potentially look is at the wages of the debtor. Can you successfully garnish the wages of the person who owes you money, so that their employer will pay you directly? Here is some basic information about wage garnishment in New Jersey.

A wage garnishment, also known as wage attachment, can only be obtained through a court order. Before you can ask the court for a garnishment order, you must obtain a judgment against the debtor. There are a few exceptions—a judgment is not necessary for garnishments for child support, including child support arrearages, or for unpaid income taxes or defaulted student loans. The garnishment order will then be sent to the debtor’s employer, who will withhold the court-ordered amount of money and send it directly to you.

There are limits on how much money can be garnished from an employee’s wages. Federal law limits garnishment to 25% of disposable (after-tax) income, but states are free to impose greater limits. Under New Jersey law, a garnishment cannot exceed 10% of your income if you earn less than 250% of the federal poverty income for a household of your size. If you are above that amount of income, the limit is 25% of your disposable income. Military pay and benefits are not subject to garnishment in New Jersey.

Under New Jersey law, all child support orders since 1988 have included an automatic income withholding order and the custodial parent may be entitled to a garnishment order for child support arrearages. If the garnishment order is put in place to collect past due child support, as much as 60% of your disposable income may be garnished if you have no other spouse or child you are currently supporting.

Contact Our Office

At the Cintron Firm, LLC, we bring more than 14 years of experience men and women in New Jersey who are involved in or contemplating filing for divorce. To set up an appointment, contact our office at 201-791-1333 or 917-494-5695 or send us an e-mail.

Happy Holidays from The Cintron Firm

December 24, 2018 by The Cintron Firm

The trust you place in us is a gift, and we are grateful. We wish you all the gifts of the
season and a peaceful, prosperous new year.

Defenses to an Eviction Proceeding in New Jersey

December 16, 2018 by The Cintron Firm

Under New Jersey law, when your landlord attempts to evict you from an apartment, there are a number of notice requirements with which the landlord must comply:

Notice requirements for failure to pay rent—Technically, there is no notice requirement if a landlord seeks to evict a tenant for failure to pay rent. If the rent is not paid by the date specified in the lease, the landlord can immediately file for eviction, though it will take some time for the eviction to be completed. However, if the landlord has allowed the tenant to repeatedly pay late, the landlord must now provide a written notice, called a “notice to cease.” If the tenant continues to pay late, the landlord must give one month’s notice, known as a “notice to quit,” before filing eviction papers.
Notice requirements for property damage or disorderly conduct—If the tenant has engaged in “disorderly conduct,” such as physical altercations with other tenants, excessive noise or other nuisance, the landlord must provide the tenant with a written “notice to cease” before taking any other actions. If the disorderly conduct continues, the landlord can seek to evict the tenant, but must first provide a three day “notice to quit.” The same time period applies if there is physical damage to the apartment.
Notice requirements for breach of lease—For all other actions which constitute a breach of the terms of the lease, the landlord must give the tenant a written “notice to cease,” specifying the conduct that is in violation of the lease. If the tenant does not remedy the breach, the landlord must provide one month’s notice with a “notice to quit” before filing any type of legal action.

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. 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.