Guendelsberger Law Offices, LLP

As alcohol levels rise in a person’s system, the negative effects on the central nervous system increase. Alcohol is absorbed directly through the walls of the stomach and small intestine. Then it passes into the bloodstream where it accumulates until it is metabolized by the liver. A person's alcohol level is measured by the weight of the alcohol in a certain volume of blood. This is called Blood Alcohol Concentration, or BAC. At a BAC of .08 grams of alcohol per deciliter (g/dL) of blood, crash risk increases exponentially. Because of this risk, it’s illegal in all 50 states, the District of Columbia, and Puerto Rico to drive with a BAC of .08 or higher, except in Utah where the BAC limit is .05.

However, even a small amount of alcohol can affect driving ability. In 2020, there were 2,041 people killed in alcohol-related crashes where a driver had a BAC of .01 to .07 g/dL.

BAC is measured with a breathalyzer, a device that measures the amount of alcohol in a driver’s breath, or by a blood test.

Information obtained from https://www.nhtsa.gov/risky-driving/drunk-driving

You may have heard that if you are convicted of a moving violation, you will get points on your license. What are points and how do they affect your driver’s license?

The Department of Motor Vehicles (“DMV”) uses a point system to monitor your driving history. The DMV sets points based upon the type of violation. If the court finds you guilty of a violation, the DMV will assign points to your license. These points will stay on your license for twenty-four months. If you receive more than ten points during this period, the DMV will suspend your license for thirty days.

If you had your license suspended because of excessive points, and you continue to rack up points, the penalties are severe. If your points exceed ten within five years of the beginning of your thirty-day suspension, the DMV will suspend your license until your point total falls below ten. For example, if you exceed ten points within that five-year period, and it will take you a year to drop below ten, the DMV will suspend your license for one year.

The lawyers at Guendelsberger Law Offices LLP are experienced in representing drivers who receive traffic tickets. If you are in danger of losing your license, call us now at 860-354-4444.

When a vehicle hits a pedestrian at higher speeds, it's no surprise that serious injuries and fatalities can result. But a driver can seriously injure a pedestrian while driving at just 10 miles per hour.

As a driver, it's important to know what to do immediately after an accident with a pedestrian. Drivers should also learn the basic rules of fault, how injuries and damages will be compensated, and most importantly, how to avoid these kinds of accidents in the first place.

• Safety comes first.
• Get medical and legal help.
• Exchange contact information, but not much more.

Under Connecticut law, employees of state and local government may have more limited liability than would private employees in similar circumstances.

Claims for injuries arising at a public school require that an injured party provide swift statutory notice before a lawsuit can be instituted.

Schools are generally shielded from liability for sports-related injuries. Schools may, however, be sued successfully if it is proven that the school was negligent. The liability for a student’s injury may rest with a number of different parties, such as the school itself, an organization, teachers, coaches, or school administrators.

All of the aforementioned parties have a duty of care to students, and when they fail to meet their duty of care, and an injury occurs, those parties may be liable for damages.

An example of a common negligence claim involves a situation where the coach knew of an unsafe or hazardous condition but failed to remedy it causing an injury to a student.

Accidents happen, and when they result in personal injuries, it’s essential to know how to seek compensation. If you’re wondering, “How do I get compensated for a personal injury?” you’ve come to the right place.

First, seek immediate medical attention. Document the accident scene and gather evidence, such as photos and witness contact information. Inform the appropriate authority and file an incident report. To enhance your chances of success consult us to help guide you through the legal process.

(860) 354-4444

Suffering a personal injury can be a life-altering event that affects not only your physical well-being but also your financial stability. When someone else’s negligence or wrongdoing causes you harm, you may be entitled to seek compensation through a personal injury claim. Understanding the process of filing a personal injury claim is essential to protect your rights and ensure you receive the compensation you deserve.

⚖️Seek Immediate Medical Attention
⚖️Gather Evidence
⚖️Consult with a Personal Injury Lawyer
⚖️Assess Liability and Damages
⚖️Negotiate a Settlement
⚖️Go to Trial

To read the entire article, click here:
https://www.newmilfordlegal.com/2023/06/09/your-guide-to-winning-personal-injury-claims-understanding-the-process/

Numerous students suffer sports-related injuries during school-sponsored sports and activities. Thus, many parents wonder who is liable in situations where their child gets injured during a school sports activity.

Additionally, sports-related injuries are often expensive to treat and range from mild to severe.

Students may be injured by a variety of sports, but some common school sports-related injuries that may occur include: Sprains, strains, and muscle injuries; Bone injuries, ranging from broken fingers to spinal trauma; Head trauma, such as concussions; Exhaustion and fatigue; Heat-related illnesses; or Other school sports-related injuries, such as bus accidents that may occur to students traveling to other schools to play sports.

In Connecticut, as well as 46 other states, it is against the law to text while you are driving. Connecticut bans the use of any handheld electronic device while operating a motor vehicle. These laws fall under the distracted driving regulations. When people hear “distracted driving” they often think of using their cell phones, when in actuality, it is any non-driving activity a person engages in while operating a motor vehicle.

Distracted driving falls into three categories:
🚗Visual – taking your eyes off the road;
🚗Manual – taking your hands off the wheel; and
🚗Cognitive – taking your attention away from driving.

These three categories of distracted driving encompass any activity, from playing with the radio, applying makeup, eating food, turning around to yell at your children in the backseat – anything that takes your attention away from operating that motor vehicle.

Hands-free devices, commonly referred to as Bluetooth speakers, are generally allowed, as long as they are truly hands-free. Holding your phone on speaker mode does not qualify, and using your phone to dial or accept the call also violates distracted driving laws.

Teen Driving Reminders:
• Crashes Kill Teens: Motor vehicle crashes are the #1 cause of death for 15-19-year-old teenagers.
• Brain Development: Research shows that the portion of the brain that assesses risk and danger does not fully develop until the mid 20’s.
• Passenger Restrictions: Enforce at home the state laws on passenger restrictions for newly licensed drivers. Crash risk goes up when teens drive with other teens in the car. This risk also
increases with the number of passengers, whether siblings, family, or friends; in the vehicle.
• Passengers and Drivers Need to Keep a Vehicle Safe: Both can contribute to a crash. Passengers need to exit the vehicle if they think the driver is operating unsafely and passengers need to do their part to encourage the safe operation of the vehicle.
• Who Is Driving My Teen? Parents need to know who is driving their teen and the extent of his or her driving experience. Did that driver gain driving experience under Connecticut’s graduated driver licensing law or did the driver bypass this requirement and get a license at 18 years old?
• Restrict Night Driving: Fatal crashes are more likely to occur at night. Young drivers are at higher risk for drowsy driving, which causes thousands of crashes each year. Enforce the state curfew.
• It’s the Law - Require Your Teen to Buckle Up: Teens have the lowest rate of seatbelt use.
• No Drinking and Driving: Connecticut has a Zero-Tolerance Law for teens drinking and driving. Even one drink impairs a teen’s driving ability and increases the risk of a crash.
• Distracted Driving: It is against the law for teens to drive distracted as well as use any mobile electronic devices while driving.
• Purposeful Driving: Parents need to continuously monitor and guide their teenagers’ driving activity, and limit their travel to
purposeful driving. Once teens begin to engage in joy-riding, their crash-risk increases dramatically, and more so with each additional
teenage passenger.
• Vehicle Selection Matters: Avoid having your teen drive high-performance vehicles or older model vehicles that lack improved safety technologies.

Imagine that you are driving in your car and approach a red-light at an intersection. You take your foot off the accelerator and begin breaking in order to come to a complete stop. While waiting for the traffic light to turn green, you see a vehicle approaching you from behind and it doesn’t seem like the vehicle is slowing down for the red-light. As the vehicle continues to approach your vehicle, you brace for impact. The vehicle behind you collides with your car and as the accident occurs, time seems like it is standing still. You’re confused, upset, and angry over what has just happened to you. You’ve just hit your head on the driver’s side window, there is broken glass all over the back of your car, and you have ringing in your ears. You’ve just been involved in a car accident.

What’s next: https://www.newmilfordlegal.com/2021/10/02/dont-be-a-victim-twice-take-these-important-steps-after-being-involved-in-a-car-accident/

Depending upon the specific medical history and medical condition of an individual with multiple sclerosis (MS), physical trauma can affect the trajectory of the condition. Slip-and-fall and car accident-related physical trauma can exacerbate multiple sclerosis. It is critical that if you have multiple sclerosis and suffer a physical injury you hire an attorney with significant experience representing individuals with multiple sclerosis in personal injury ma

CT Law: Providing and allowing minors under 21 to drink in CT is against the law.
Anyone under 21 is prohibited from possessing alcohol on public or private property unless accompanied by their own parent or guardian.

• Minors may be fined for violating the law.
• Individuals who knowingly permit minors to possess or consume alcohol may be fined, imprisoned, or both.

Connecticut passed its Social Host or “House Party” Law in 2012. This law made the property owner fully responsible for any underage drinking on their property regardless of if they were aware of it. Allowing teens to drink in your home or on your property can result in a $2,000 fine, court-ordered evaluations, jail time, probation, or even criminal charges.

Information obtained by hubct.org (no longer posted)

Do you understand the liability when you serve alcohol?
Social host responsibility extends to the responsible driving beyond an individual who has consumed alcoholic beverages. Party hosts may be held liable if the individual who has attended their party gets into an accident after leaving the said event. Victims of this accident MAY have the right to sue the host for not being socially responsible.

The Connecticut Supreme Court has repeatedly refused to recognize a common-law action in negligence against someone who provides, by sale or gift, alcohol to an adult who becomes intoxicated and consequently suffers an injury or injures someone else (see, e.g., Kowal v. Hofher, 181 Conn. 355, 357 (1980)). The reason for this rule, according to the Court, is that the proximate cause of the intoxication was not the furnishing of the alcohol, but the donee's consumption of it.

Every property owner, whether it is a commercial business or private home, has a legal responsibility to provide a reasonably safe environment.

Steps to Take After a Slip, Trip, and Fall Accident:
• Seek medical treatment immediately.
• Report the accident to the property owner, manager, or landlord.
• Collect witness names and contact information.
• Document everything by taking pictures of the exact location before anyone cleans up the area.
• Report & file a claim with the business, police, hospital, or insurance.
• Do not put anything about the incident on social media until you have spoken with a lawyer.
• Call us for more information at (860) 354-4444.

Happy 4th of July from Guendelsberger Law Offices!

A lawyer is an advocate. They should fight on your behalf, using reasonable, ethical, and cost-effective means. You should have an open line of communication with your attorney. After all, there's a reason why attorneys are also referred to as “counselors.” Great attorneys can be found in high-rise office buildings, small firms, solo offices, and in online directories.

With a great attorney being defined in so many ways, what qualities should you look for?
When it comes to choosing a lawyer, finding one who's competent to handle your issue is just the first step. It's also important to make sure that they're communicative, trustworthy, and comforting.

Now that our college kids are home we want you to be aware of the laws for providing and allowing minors under 21 to drink in CT.

Anyone under 21 is prohibited from possessing alcohol on public or private property unless accompanied by their own parent or guardian.

• Minors may be fined for violating the law.
• Individuals who knowingly permit minors to possess or consume alcohol may be fined, imprisoned, or both.

Connecticut passed its Social Host or “House Party” Law in 2012. This law made the property owner fully responsible for any underage drinking on their property regardless of if they were aware of it. Allowing teens to drink in your home or on your property can result in a $2,000 fine, court-ordered evaluations, jail time, probation, or even criminal charges.

Information obtained by hubct.org (no longer posted)

Before accepting any settlement, you must understand the extent of the injury, the length, and costs of treatments, and how the injury will affect your life going forward. An insurance company's offer won’t consider future treatments, lost wages, or other important costs. Insurance companies are counting on clients not knowing what to consider and just accepting their offer. Always review any insurance offer with a CT Personal Injury Lawyer before accepting it.

Imagine that you are driving in your car and approaching a red light at an intersection. You take your foot off the accelerator and begin breaking in order to come to a complete stop. While waiting for the traffic light to turn green, you see a vehicle approaching you from behind and it doesn’t seem like the vehicle is slowing down. As the vehicle continues to approach your vehicle, you brace for impact and the other vehicle collides with your car. The airbag deploys and impacts your face. Ever since the accident, you experienced headaches, blurred vision, the inability to concentrate, and have memory problems. What could be wrong? It’s possible that you could be suffering from Convergence Insufficiency (CI). Many physicians will not even think of Convergence Insufficiency but will give an initial diagnosis of a concussion.

For more information: https://www.newmilfordlegal.com/2022/01/16/do-i-have-convergence-insufficiency-after-a-car-accident-and-can-i-be-compensated-for-it/

Almost every employee in Connecticut is covered by workers’ compensation insurance. If you are injured at work or while doing your employer’s business off-site, you are covered. Workers should know their rights under the law.

While it may appear that the workers’ compensation laws are straightforward, the reality for many injured workers is quite different. The workers’ compensation process is filled with loopholes and discrepancies. Employers and their insurance companies may not necessarily tell you everything you are entitled to.

Understanding your rights is important, contact us to help you navigate through the process.

A personal injury lawyer is an attorney who provides legal representation to those who have been physically or psychologically injured due to the negligence or wrongdoing of another person, company, government agency, or any other entity.

Connecticut law requires any dog six months of age or older to have a current rabies vaccination and license. This license must be renewed annually in the month of June.

Connecticut is a strict liability state regarding dog bites. This means that a dog owner is usually responsible for damage caused by his or her pet. There is no “free bite” as there may be in some other jurisdictions.

For more information contact us at (860) 354-4444.

Thank you to the brave men and women who have made the ultimate sacrifice for our freedom.

Don't forget to select your designated driver before going to any party today!

In Connecticut, a person is guilty of a DUI if he or she operates a motor vehicle while under the influence of intoxicating liquor or any drug or both. Conn. Gen. Stat. Ann. § 14-227a(a) (West 2010).

In Connecticut, as well as 46 other states, it is against the law to text while you are driving. Connecticut bans using any handheld electronic device while operating a motor vehicle. These laws fall under the distracted driving regulations. When people hear “distracted driving” they often think of using their cell phones, when in actuality, it is any non-driving activity a person engages in while operating a motor vehicle.

Distracted driving falls into three categories:
• Visual – taking your eyes off the road;
• Manual – taking your hands off the wheel; and
• Cognitive – taking your attention away from driving.

These three categories of distracted driving encompass any activity, from playing with the radio, applying makeup, eating food, turning around to yell at your children in the backseat – anything that takes your attention away from operating that motor vehicle.

Hands-free devices, commonly referred to as Bluetooth speakers, are generally allowed, as long as they are truly hands-free. Holding your phone on speaker mode does not qualify, and using your phone to dial or accept the call violates distracted driving laws.

Social host responsibility extends to the responsible driving beyond an individual who has consumed alcoholic beverages. Party hosts may be held liable if the individual who has attended their party gets into an accident after leaving the said event. Victim's of this accident MAY have the right to sue the host for not being socially responsible.
The Connecticut Supreme Court has repeatedly refused to recognize a common-law action in negligence against someone who provides, by sale or gift, alcohol to an adult who becomes intoxicated and consequently suffers an injury or injures someone else (see, e.g., Kowal v. Hofher, 181 Conn. 355, 357 (1980)). The reason for this rule, according to the Court, is that the proximate cause of the intoxication was not the furnishing of the alcohol, but the donee's consumption of it.

CT Law: Providing and allowing minors under 21 to drink in CT is against the law.
• Anyone under 21 is prohibited from possessing alcohol on public or private property unless accompanied by their own parent or guardian.
• Minors may be fined for violating the law.
• Individuals who knowingly permit minors to possess or consume alcohol may be fined, imprisoned or both.

Connecticut passed its Social Host or “House Party” Law in 2012. This law made the property owner fully responsible for any underage drinking on their property regardless of if they were aware of it. Allowing teens to drink in your home or on your property can result in a $2,000 fine, court ordered evaluations, jail time, probation, or even criminal charges.
Information obtained by hubct.org

Personal injury law allows an injured person to go to civil court and get a legal remedy (damages) for all losses stemming from an accident or another incident. The purpose of the personal injury system is to allow the injured person to be compensated financially or "made whole" after he or she has suffered harm due to someone else's carelessness or intentional conduct.

For more information contact our office at (860) 354-4444.

When a vehicle hits a pedestrian at higher speeds, it's no surprise that serious injuries and fatalities can result. But a driver can seriously injure a pedestrian while driving at just 10 miles per hour.

As a driver, it's important to know what to do immediately after an accident with a pedestrian. Drivers should also learn the basic rules of fault, how injuries and damages will be compensated, and most importantly, how to avoid these kinds of accidents in the first place.

• Safety comes first.
• Get medical and legal help.
• Exchange contact information, but not much more.

You may have heard the term ‘Double Jeopardy” either in the news or while watching your favorite crime show. But do you know what the term means?

Continue reading at https://www.newmilfordlegal.com/.../what-is-double-jeopardy/