Reardon Anderson - March 2021

Reardon Anderson - March 2021

ReardonAnderson C O U N S E L O R S A T L A W

ReardonAnderson.com

March 2021

WHAT WILL TRUCK ACCIDENT LITIGATION LOOK LIKE

WITH SELF-DRIVING TRUCKS?

Self-driving trucks are already being tested on the road, but they’re facing major obstacles. No, it’s not about technological difficulties, like teaching artificial intelligence how to drive in a roundabout — it’s about new liability laws necessary to have driverless trucks on the roads in the first place. When you get into a truck accident, the litigation is already far from straightforward. Truck accidents tend to have a higher injury and fatality rate, and federal and state laws regulate truck driving, whether it means requiring regular drug tests or limiting how many hours a driver can drive. The complexities don’t stop there. You have to consider if the truck driver is an independent contractor or an employee. If they’re an independent contractor, then they can be held solely liable for the lawsuit. If they’re an employee, the trucking company takes responsibility. (The line between contractor and employee can seem thin, but anyone whose Social Security, Medicare, or federal unemployment taxes are paid by an employer is, legally speaking, an employee.) That leaves one question: How do you determine if a self-driving truck is responsible for a crash? It’s hard to say if there’s no truck driver. With current liability

laws, successfully suing a freight company that made the equipment, aka the self- driving technology, can be difficult. That’s a big problem for trucking companies; they don’t want to be held responsible if or when self-driving AI doesn’t operate properly. And statistically speaking, if we assume self- driving AI works just as well as truck drivers today, it’s likely that the self-driving AI won’t be at fault. Studies from the likes of the Federal Motor Carrier Safety Administration and the AAA Foundation for Traffic Safety found that about 80% of car-truck accidents are caused by car drivers, not truck drivers.

Donald Broughton, a managing partner of transportation analysis firm Broughton Capital, says that self-driving trucks won’t dominate the roads in the next five years for that very reason. He told Business Insider, "We have to change the liability law to include and indemnify the maker of the truck." Within the trucking industry, there’s simply no law at all to hold manufacturers responsible for failures in self-driving technology. That puts everyone who drives near large self-driving trucks in danger if it becomes the new norm. In the past four years, many bills have been proposed in Congress, like the AV START Act and SELF DRIVE Act, but legislators still can’t agree on how to move forward on legislation regulating self-driving cars and trucks. It’s going to be a very bumpy road ahead if Congress can’t decide soon. The technology is already here, and — while the nation is still experiencing a truck driver shortage — companies are eager to use it. –The Reardon Anderson Firm

But it may be easier to blame a truck if there’s no driver in the first place.

“How do you determine if a self-driving truck is responsible for a crash? It’s hard to say if there’s no truck driver.”

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The Meatball Shop Sued Snooki! (And Another ‘Jersey Shore’ Star, Too) Reality TV stars Nicole “Snooki” Polizzi and Deena Cortese are gearing up for a court battle. But this isn’t a showdown with another celebrity: It’s a fight to the death over merchandise with ... a New York City-based meatball restaurant! This case sounds laughable, but there's some real "meat" to dig into. The controversy started when the celebrity duo — known as "The Meatballs" since their time together on “Jersey Shore” — launched a clothing brand/online store called The Meatball Shop late last year. The brand sells meatball-themed T-shirts, sweatshirts, and hats with slogans like “Team Meatball Forever” and “Meatball Squad.” Over the holidays, they even offered a sweater with a checklist reading, “Pour wine, wrap gifts, decorate, be a meatball.” All of this merchandise plays off the pair’s “Jersey Shore” nickname, which Polizzi and Cortese earned because, as Food & Wine puts it, “The party girls are both very tan, curvy, and short.” Even with this claim to the moniker, the legality of the celebrities’ clothing line has some competition from, well, places that sell actual meatballs. According to Page Six, the New York City-based restaurant The Meatball Shop sued Polizzi and Cortese in December of 2020, claiming their clothing infringes on its trademark. As of writing this, a judge is considering The Meatball Shop’s request to shut Polizzi and Cortese’s operation down. To add even more meat to the argument, it was the owners of The Meatball Shop restaurant (Daniel Holzman and Michael Chernow) who first taught Polizzi and Cortese to make edible meatballs in 2017. The lesson was documented in a photo shoot with “In Touch.” Does it get more ironic than that? If you want to keep up with the drama, check PageSix.com, and if this article made you crave meatballs, don’t worry — we’ve got you covered. Visit Epicurious.com and search “classic beef meatballs'' for a recipe that will knock your socks off.

Sitting at a desk all day at home can get you a little restless, even down. Even if your resources are a little limited — time, money, or both — you can still start a few new hobbies that could make your time feel a little more meaningful. Here are a few simple, fun ways to get started. No. 1: Drawing Whether we spend the whole day typing out emails or text messages, we’re pretty sure the voice in our head is slowly turning into an iMessage screen. So, take a break from writing with drawing. Take out whatever paper you have and try drawing shapes, patterns, plants, animals, people, or whatever you want. Don’t focus on making it great — just have fun with it! By doing it more often, you’ll see improvement in your “art,” and you may even learn new techniques. No. 2: Cooking Everyone has to eat — and even if you’re pinched for time, there are plenty of ways to prepare delicious, healthy meals throughout the week. Spend your spare time looking up new fast, healthy recipes to try or maybe learn a new cooking technique! No. 3: Meditation People often associate meditation with “doing nothing,” but it’s quite the opposite. Meditation is a hobby that can save you time and energy throughout your day. Instead of blowing off steam by binging a TV show, meditation might help you work through your emotions in a fraction of the time. It’s a great tool for busy people to stay on top of their day while maintaining inner peace. No. 4: Origami Similar to meditation, origami can be a great tool. Spending a few minutes folding a piece of paper can be both a fun activity and a total break from work or life. Plus, it can instantly impress the people around you! No. 5: Collecting If you want to expand your knowledge and become an expert in something new, what better way to start than to begin collecting something? Whether you choose rocks, coins, old gaming consoles, or DVDs, your collection may grow in value over time and give you a unique interest to talk about! 5 NEW HOBBIES ANYONE CAN PICK UP IN 2021

We hope these suggestions help inspire your next hobby — let us know if you pick any of them up! Best of luck!

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WHAT DOES IT MEAN TO BE A 'CERTIFIED CIVIL TRIAL ATTORNEY'? OUR FIRM HAS 2!

Our firm is very proud to have two certified civil trial attorneys on our team: Thomas M. Reardon III and Erik Anderson. But what does it mean when a lawyer says they are a certified civil trial attorney? It means they are one of the most skilled, educated, and knowledgeable lawyers in the New Jersey legal system. The New Jersey Supreme Court gives the unique designation to showcase lawyers who currently practice in the state and have set themselves apart as exemplary civil trial practice attorneys. Lawyers can apply to become civil trial certified, and the New Jersey Supreme Court makes its selections based on the experience, education, knowledge, and skill of each applicant. Naturally, the standards set by the Supreme Court are high.

• Displayed a significant level of experience in civil trial law

• Been positively evaluated by peers and judges acquainted with their work

• Taken and passed a written exam in civil trial law

Out of approximately 75,000 practicing lawyers in New Jersey, only 1,650 hold board certification as of December 2016 (the latest available statistics). That means only 2% of practicing attorneys are recognized as certified! We’re glad New Jersey’s certification program makes it easy for you to locate attorneys who are set apart in various areas of law. (Besides civil trial law, lawyers can apply to be certified in four other practice areas, including criminal trial law, matrimonial law, workers’ compensation law, and municipal court law.) If you are in need of a board-certified civil trial attorney, get in touch with our firm right away. Our expert team would be honored to represent you!

To be certified as a civil trial attorney by the Supreme Court, an attorney must have:

• Been a member in good standing of the N.J. bar for over five years

• Fulfilled ongoing continuing legal education requirements

GREEN GODDESS SMOOTHIE

INGREDIENTS

1 1/4 cup unsweetened vanilla almond milk 1 organic apple, peeled and chopped

• • • • • •

1 medium frozen banana

1 1/2 cups fresh organic spinach

1 tbsp chia seeds

1/2 medium avocado

DIRECTIONS

1. In a large, high-powered blender, add all ingredients. 2. Blend on high for 1–2 minutes, or until all ingredients are well combined. 3. If necessary, add more almond milk to thin the smoothie. 4. Serve immediately and enjoy!

Inspired by AmbitiousKitchen.com

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INSIDE THIS ISSUE

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Truck Accident Litigation With Self-Driving Trucks ‘Jersey Shore’ Stars Battle a New York Restaurant Over Meatball Merch 5 New Hobbies Anyone Can Pick Up in 2021 3 Irish Travel Destinations for Your Bucket List What Does It Mean to Be a 'Certified Civil Trial Attorney'? Green Goddess Smoothie

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Traveling to Ireland might not be an option for you right now, but like a leprechaun hoarding gold, you can still fill up your bucket list with all of the pubs, rolling hills, and lucky sites you’d love to see. This month when you’re planning your trip to Dublin, Galway, or Cork, add these spots to your itinerary. The Oldest Bar in the World — Athlone, County Westmeath When Sean’s Bar closed because of the COVID-19 pandemic, the entire country of Ireland groaned. The pub is famous for its Irish whiskey, music, and history, which stretches back to 900 A.D., far enough to earn it the title of “Oldest Bar in the World.” As of this writing, Sean’s is slated to reopen when it’s safe again, and considering it has already survived the bubonic plague and the Spanish flu, odds are good that it will make it through this, too! Soon, you’ll be able to raise a glass in the same rooms where the noblemen of nearby Athlone Castle shared drinks in the 12th century. Find more historical tidbits at SeansBar.ie. Ireland’s Spookiest Castle — Coolderry, County Offaly If you’re a fan of thrillers and true crime podcasts, you won’t want to leave Ireland without visiting Leap Castle. This 16th-century haunt was DON’T MISS THESE HISTORIC SPOTS! 3 IRISH TRAVEL DESTINATIONS FOR YOUR BUCKET LIST

built by the fierce O’Bannon clan, who famously ordered two brothers to throw themselves off a rocky cliff as a test of strength. The survivor was named clan chief, and later Leap Castle was built on that very site — beginning its long and bloody history. Read more about its haunted priest’s house, murder hole room, and bloody chapel at LeapCastle.net and meet the many ghosts that haunt its halls. A Famous Smugglers’ Shortcut — Newcastle, County Down Get ready to tie up your hiking boots! This roughly 2-mile hike, called Hare’s Gap, is one of the most famous and beautiful routes in Ireland. When you climb through this pass in the Mourne Mountains, you’ll be rewarded with views of glacial cliffs, boulder fields, and ancient- looking stone walls. Legend has it that the pass was part of the Brandy Pad smuggling route, used to ferry goods like soap, leather, spices, and coffee.

Safe travels, and ádh mór (good luck)!

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