Lower Extremity Injuries From Motorcycle Accidents
Somebody involved in a motorcycle accident is more likely to suffer a lower-extremity injury than one of the upper-extremity. Injuries to the upper body such as the head and chest tend to be more serious and even fatal, though those happening to the lower body can still carry certain seriousness with them and involve complications like infections and amputations. Here are some of the most common accidents you may suffer from: Pelvic fractures, that can result in stable of unstable pelvic injuries and cause bleeding or surgery Hip injuries that include fractures and dislocations Knee injuries such as the ACL, MCL, PCL, and meniscus as well as fractures of the knee cap or knee joint Leg injuries including fractures of the tibia, fibula, and femur that can result in severe blood loss and infections of the bone Foot, ankle, and toe injuries such as breaks How Will I be Compensated in an Accident? If you have been involved in a motorcycle accident, you may wonder what damages are available to you. Because lower extremity injuries can be so serious, you may be entitled to compensatory damages to repay you for medical expenses, repairs, and lost wages, general damages for pain and suffering, and punitive damages to punish a defendant after they have acted negligently. You may have to meet certain deadlines for filing a claim so speak to us today about your options!
Uber Law: Driving Accidents, Fatalities, and More
Many studies over the past few years since Uber’s emergence have shown that the ridesharing service is doing quite well – possibly even reducing the likelihood of accidents. People who would have otherwise gotten behind the wheel of a car drunk are now choosing Uber to take them where they need to go. Of course, there are many scenarios, but this is an important issue to address in times where the likelihood of drunk driving always seems to be skyrocketing. You may or may not have known, but Uber has an insurance policy to cover both drivers and passengers in the event of an accident. This is important to understand in the event that you are injured in one of these unsightly accidents, as accidents can strike at any time. Coverage sometimes hits $50,000 per injury if the driver’s personal insurance will not cover the issue. One of the most vital aspects that you must understand in these cases is that Uber employees are not actually “employees” but, rather, third-party providers. This means that a company is not technically liable for the actions of the contractor. So, even though insurance may be effective for covering your injuries, you may not be able to sue the company for extra damages. The best step that you can take in one of these cases is to gather as much evidence as possible to prove your claim. Determining fault in one of these crashes, whether you were a passenger or a pedestrian who was injured, depends on how much evidence you are able to collect against the party. These accidents are almost like any other car accident in many ways. Call us today to discuss your claim so that we can help you get the most out of your case as well as the compensation to cover your injuries.
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.
Employees’ Rights to Report Workplace Injuries
Recently, the Occupational Safety and Health Administration (OSHA) has made anti-retaliation provisions in an injury and illness tracking rule to conduct outreach and provide educational materials for employers. However, in recent times they have announced that they will be delaying this enforcement to November 1, 2016 from the original August 10, 2016. This is important because these helpful rules will require employers to inform workers of their right to report work-related injuries and illnesses without being retaliated against. They will also be implementing procedures for reporting injuries and illnesses that are reasonable under many circumstances. OSHA has been working with many workplaces since the 70s to ensure that employers provide safe and healthful workplaces for their employees. This is not the first time that OSHA has taken action to ensure that workers are being kept safe. In fact, Section 11 of the OSH Act prohibits discrimination entirely when an employee wants to report an injury or illness. It has been decided that reporting a work-related injury or illness is an employee right and that retaliating against that employee for their injury is full discrimination. This rule has been invited into the system because employees could be put at risk if they do not feel free to report injuries in the workplace. More lives could be at risk and more fatalities could result. If employees do not feel free to report, then they may not receive proper medical attention or workers’ compensation benefits that they are entitled to. Unfortunately, OSHA finds many cases of employers who have discouraged against reporting and could be seen as unlawful discrimination. For instance, they have taken many reports of employers who have taken disciplinary action as a result, falsely accused an employee of causing their own injuries, or established programs of incentives for employees who do not report injuries. What to do if You Suspect Retaliation OSHA has implemented many programs and regulations to tackle retaliation before it even begins, and help employees feel like they can report all injuries within the workplace. So what happens if you feel like you have been retaliated against? The first step you should take is to try and talk to your supervisor or a human resources representative about the reasons behind the suspected retaliation. There may actually be a good explanation behind why this has occurred. Yes, you may have reported an injury and have been switched to another shift, but this does not always cry retaliation – suppose that your employer switched you because there was another opening there for you. If there is no legitimate explanation and you still suspect retaliation, then you can voice your concern that you are being retaliated or discriminated against. Many employers will deny this. This is why you should point out all the reasons why you are being discriminated against and ask that it stop immediately. If they are not willing to admit that they are in the wrong, you can then take your concerns to the Equal Employment Opportunity Commission (EEOC), of course with the help of an experienced attorney. At RAWA Law Group, we care about your case and can help you in the event that you are being discriminated against. Give us a call today.