Motorcycle Helmet Laws and Damages in California
Fortunately for the safety of motorcycle riders across the nation, many states have laws in place to avoid serious injury and even death – by wearing helmets. Many states have taken initiative to pass laws that require motorcycle riders to wear helmets. These laws go hand-in-hand with whether or not you will be able to recover damages if you are injured in a motorcycle accident, because wearing a helmet and the nature of your injuries can be determining factors in your case. According to the National Highway Traffic Safety Administration, for every 100 motorcyclists killed in a crash while not wearing a helmet, 37, would have survived if they would have been. This is why many states have decided that it is extremely important to pass laws requiring riders to wear helmets whether they are over a certain age or not. It depends on your state and what they have decided. Currently, 19 states and the District of Columbia have motorcycle helmet laws. 28 states have laws requiring only some to wear a helmet, and only three have no laws at all. In the past, there has been pressure from the federal government to create these laws and ensure that riders will be safe. By the 1970s, many motorcycle helmet laws were being instilled for the first time and lives were being saved. California Specifics In California, it is law that all riders wear motorcycle helmets, no matter the age. This motorcycle helmet law also covers all low-power cycles. This means that California is one of the nineteen states to have enlisted in a program where all motorcycle riders, no matter the age, must wear a helmet to protect themselves on the roadways. Injury Recovery Depending on if you were involved in an accident, your state’s laws will determine if you can recover for your injuries. In many situations involving a motorcycle accident, you may find that you will receive head and neck injuries. Many people will be able to recover, especially if you have been wearing a helmet in your California motorcycle accident. Here are some scenarios and what you can expect: Wearing Helmet But no Head or Neck Injury: In this case, the helmet may be irrelevant to your injury claim. However, you should always prove that you are a responsible rider by mentioning the fact of the helmet anyway. Not Wearing Helmet, But no Head or Neck Injury: In this situation, it is also irrelevant to mention the helmet. Wearing Helmet With Head or Neck Injury: In this case, the helmet will be important to your claim. It will show the court that your injuries were not worsened due to your own carelessness. It will also show that your injuries could have been worse but you prevented that by wearing a helmet. Not Wearing Helmet, No State Helmet Law, With Head and Neck Injury: It may be hard to recover in this case. They may find “comparative negligence,” which means that you could be found partially responsible for your injuries. You must be able to persuade many involved with the suit that you would have sustained injuries regardless of the helmet. Not Wearing Helmet, State Helmet Law, With Head or Neck Injury: This will be the most difficult scenario if you wish to receive damages. Comparative negligence will automatically be established. You will need the help of a personal injury attorney for this. Luckily, we have your back if you have been injured in a motorcycle accident. We understand the California helmet laws to a higher extent and can help you receive the damages you deserve after an accident. Call us today for a consultation to speak to an attorney.
Irvine Business Owner Charged with $2 Million in Workers’ Compensation Payroll Fraud
According to Insurance Journal, Investigation Solutions, Inc. reported the fraud in 2011 and helped in the investigation. Ronald Scott Dee, owner of Venetian Stoneworks, and Pamela Palmer Quast, the company’s bookkeeper, were charged with 6 felony counts of misrepresenting facts to their workers’ comp insurer as well as 28 felony counts of failing to file a tax return, 28 felony counts of failure to pay taxes, and 24 felony counts of failure to pay insurance deductions. The fraud came to light when Dee called his insurance company’s claims administrator claiming concern about insurance fraud by an employee who was hurt on the job. “As the claims adjuster spoke with the injured worker, she learned that his finger was amputated by an old table saw used without proper guards, in violation of OSHA standards,” Insurance Journal reported. “The injured claimant mentioned three earlier employee injuries on the same table saw which were never reported. Further, the injured employee mentioned receiving paychecks from two companies owned by Dee, but only worked for one. The second company, The Plumbing Studio in Santa Ana, uses undocumented workers who are all related to each other, he said.” The investigation eventually found the company did not have workers’ compensation insurance for three years and reported it had no employees during that time. Evidence also suggested that Venetian Stoneworks underreported payroll, misclassified its employees, and failed to report injury claims. Workers compensation insurance fraud may be committed by employees as well as employers. Workers’ compensation insurance premium fraud occurs when an employer underreports payroll, misclassifies employees, or when a company closes and attempts to open as a new company on paper for lower premiums. The owner of Venetian Stoneworks has been accused of failing to report their full staff to their insurance provider and misclassifying employees (such as classifying a high-risk construction worker as a worker with clerical duties) to pay lower premiums. According to the National Insurance Crime Bureau (NICB), workers’ compensation fraud costs California between $1 billion and $3 billion per year. Along with increasing costs for employers, fraud means additional scrutiny for employees who file a claim for a work-related injury. Unfortunately, the focus on fraud has also led to a myth that most workers’ compensation claims are false, despite studies showing just 1-2% of employee claims are fraudulent. If you were hurt in a work-related injury and your claim has been denied, it may be that the insurance company suspects fraud due to circumstances out of your control, such as a lack of witnesses to your injury. A workers’ compensation attorney can help you protect your rights and appeal your claim to seek the benefits you deserve for your injury. For the best workers Compensation attorney for Riverside Ca, you need to contact Rawa Law Offices today. Click here for more information.