Author: James Sabatini

James Sabatini is a Connecticut trial lawyers practicing personal injury law.

About James Sabatini

James Sabatini is a Connecticut trial lawyers practicing personal injury law.

Here are my most recent posts

First Bellwether Trials Scheduled In the MDL For Pradaxa Cases

The first bellwether trials in the MDL for Pradaxa cases have been scheduled to begin in August 2014. The drug has been under attack by physicians groups and patient advocates since 3,781 adverse effects and 542 deaths associated with Pradaxa were reported last year to the Food and Drug Administration.

Its adverse reports and deaths surpassed all other monitored drugs. The FDA is now conducting a safety review of the drug, which millions of people around the country take twice a day. If you or loved one has suffered internal bleeding or other serious injury while taking Pradaxa, call our attorneys today at 860-667-0839.

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400 Connecticut Car Accidents During Early Snow Storm

On October 7, 2012, an early snow storm struck Connecticut.  The early snow resulted in nearly 400 car accidents.  Sadly, two of these accidents resulted in two fatalities.  The high number of accidents can be attributed to numerous factors including the fact that the storm hit during peak traffic hours and that it was the first snow of the year.  First snow storms of the season tend to produce more car accidents because drivers are “rusty” with their winter driving skills. 

There are some basic common sense tips for driving safely in winter road conditions such as:

1.  Drive slower

2.  Keep a greater distance between yourself and the car in front of you

3.  Make sure your car has all season or winter tires

4.  Remove the snow off your car before driving so you have good visibility and so that while you are driving snow does not blow off your vehicle and strike another car thereby diminishing that driver’s vision.

The failure to drive in a safe and responsible manner in winter conditions causes accidents.  If you are injured in a car accident as a result of another driver not driving safely in winter road conditions, call our injury attorneys today at 860-667-0839.

 

 

 

 

 

 

 

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Traffic Deaths Are Climbing Upward

The National Highway Traffic Administration has noted an uptick in traffic deaths for the first half (January-June) of 2012.  An estimated 16,920 deaths in motor vehicle collisions have occurred in the first half of this half.  This results in an increase of about 9% in deaths when compared with the 14,950 fatalities in the first half of 2011. The N.H.T.S.A. called this the largest increase during the first half of the year since the agency began collecting car crash data in 1975. 

Why this increase?  They are several speculated reasons.  One, the past winter was mild, thus more people were driving more often.  Two, the economy improved, thus more people were driving and driving more often. 

Prior to this recent uptick, there had been a six-year decline in the fatality rate.  The decline has been attributed to multiple factors including advancements in safety technology, safer roads, public awareness of safe driving techniques, and increased use of seat belts.  Lets hope that this recent increase does not start an upward trend.

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Proving A Connecticut Public Sidewalk Defect Case

If you have been injured as a result of a public defective sidewalk in Connecticut, you have a statutory legal claim for money damages.  However, the law does not make it easy for the injured person to be successful.  This is due primarily to the law’s requirement that the injured person must prove that he or she was free from any negligence in causing the injuries.  In other words, even if the injured person is only 1% negligent for causing her injuries, the injured person loses the case. This legal requirement is vastly different from cases involving a private defective sidewalk.  In a private defective sidewalk case, the defendant must prove that the injured person was negligent and even if negligence is proven, the injured person still recovers compensation provided that her negligence does not exceed 50%. 

So, how do we prove that an injured person was free from negligence in a public defective sidewalk case? Since each case is fact specific, everything about the injured person’s behavior leading up to the fall must be examined, everything about the defect must be examined, and everything about the surrounding circumstances at the time of the incident must be examined.  Hopefully through the investigation into these three areas, a strong case can be developed.  Here is what to look for and hopefully find.

As for the person’s behavior leading up to the fall, the following will be helpful: proper footwear, proper clothing, no texting, no talking on the cell phone, no eating, no drinking a beverage, walking a normal or customary pace, and that while walking the person would look ahead, look down, look right and look left.

As for the defect, the following will be helpful: defect is the same color as the surrounding sidewalk, the defect covers a large enough area of the sidewalk that it would be difficult to walk around it, the grade of the sidewalk, and the location of the sidewalk (i.e. around a tree, next to a cross walk. on a major thoroughfare).

As for the surrounding circumstances, the following will be helpful: the pedestrians sight line as she walks towards the defect is impaired (impaired by a tree, the grade of the sidewalk, by other defects); the lighting; leaves or vegetation hiding some or all of the defect; the defect located near a street or driveway thus the pedestrian would be looking for cars rather than down at her feet; pedestrians or bicyclists approaching the pedestrian; a dog barking at the pedestrian or running towards the pedestrian; and a vehicle driving by that honks the horn, or has a siren on.

By establishing even a few of the items listed above, the injured person can effectively prove that she was free from negligence.  If you have been injured a public sidewalk defect case, contact our attorneys today at 1-860-667-0839 to discuss the legal viability of your claim.

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Sabatini & Associates Retained In Single Vehicle Accident Case

Sabatini and Associates has been retained by a client severely injured in a single vehicle collision that happened in Connecticut.  The collision was caused as a result of a defective vehicle that the owner provided our client to drive.  As a result of the defect, our client lost control of the vehicle, went off the road and crashed.  An owner of a motor vehicle must ensure that the vehicle is reasonably safe to operate.  Any mechanical problems with a vehicle that can impair the safe operation of the vehicle that the owner is aware of or should be aware of needs to repaired. The failure to make the repairs constitutes negligence.

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