Common Causes of Trucking Accidents
Every year, many people are involved in trucking accidents, some of which cause injuries and some that don’t. In fact, over the past two decades, the number of truck accidents has increased by 20% and approximately 5,000 people alone died in 2002 from these accidents. You may wonder who is responsible for your trucking accident based on what you saw with your own eyes or what other witnesses saw the day it happened. There may be many people involved in these accidents that could be held liable for your injury compensation. The truth is, there are many laws that govern trucking accidents. Because of these laws, certain standards have been established for the trucking companies, owners, and drivers. If these same people refuse to follow the simple standards, they could lose their ability to drive truck altogether. There are many entities who may be held liable in a trucking accident, such as the actual driver, the owner of the truck, the person who leased the truck, the manufacturer of the truck’s equipment, or the shipper or loader of the truck’s cargo. Liability Liability is something that trucking companies have to watch out for, which is why drivers are trained to drive carefully and avoid hazards. Some trucking companies engage in some sly games to avoid liability no matter the cost. For instance, a trucking company may choose to obtain the necessary permits to operate the truck. The company, however, doesn’t own the tractor, trailer, or necessary equipment. It leases instead under an owner or operator. They also hire independent contractors and not actual employees. If the truck becomes involved in an accident and the company is sued, they will play it off by saying that the driver was not the company’s actual employee and they do not own the equipment in full. The good news is, if a trucking company tries to do this to you if you are suing for injuries, federal laws and regulations stand in as a way to help you. If a truck bears the company’s name, then they instantly become responsible for what happens in many ways. Common Accidents Driver error is one of the most common causes of trucking accidents, which can be caused by drug use, speeding, fatigue, distractions, and more. The Federal Motor Carrier Safety Administration found that action or inaction by drivers was the reason for 88% of crashes. Another reason for these accidents is problems with equipment. Some examples include removing the front brakes, brake failure due to inadequate adjustments, tire blowouts, improper securing of load, defective steering, or improper trailer attachment. Have you been injured in a trucking accident? The trucking industry can be entirely complex, which is why you should have a skilled attorney on your side who has experience with these cases. At RAWA Law Group, we can do just this and get you the compensation you deserve after your accident. We can fight the big-name companies and get to the bottom of who is at fault in your specific case.
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.
Common Road Hazards for Motorcycles
Motorcycle accidents are happening all the time with a growing frequency, which means that more must be done to save the lives of riders and prevent serious injuries. The problem is – motorcycles are much less stable and visible than cars, making it a bit easier for an accident to occur. In fact, for every mile that was traveled in 2014, the number of deaths occurring on motorcycles was over 27 times the number in cars. However, there are certain laws and regulations in many states that prevent these accidents or make them much less severe. For instance, 19 states and the District of Columbia mandate motorcycle helmet laws for all riders. Helmets have been found to be 37% effective in preventing overall motorcycle deaths. In 2014 alone, a total of 4,295 motorcyclists died in crashes. Back quite a few years ago in the 1980s, the total number of deaths on motorcycles was at its lowest low – however, this began to increase in 1998 and again in 2008. Motorcycle deaths account for 13% of all motor vehicle crashes, which means that we must look very carefully at why these accidents occur and what can be done. Road Hazards Explained Many motorcycle accidents are caused by road hazards. There are many road hazards including rough roads, expansion joints, animals, and more to just name a few. We will be going over some of these hazards with the hopes that, in years to come, provisions will be invited to lessen the number of accidents stemming from these hazards. You can also find out about who may be held liable for your injuries in the event of a road hazard. Rough and bumpy roads can happen when a road is in disrepair. This can cause a motorcycle to lose control and crash. If someone on a motorcycle is engaging in cornering and comes across gravel on pavement, it may cause an accident. This can also happen if a motorcyclist is going too fast. Expansion joints connect two sections of a road together or a road to a bridge. An uneven surface may occur, which can cause a motorcycle rider to crash unexpectedly. If a motorcyclist were to hit a small animal, they could be thrown off balance. Swerving to hit an animal could cause a very serious accident as well. A slick surface made wet with leaves, crosswalk lines, and anti-freeze can cause a motorcyclist to crash. Slick surfaces can be especially dangerous when a biker is turning. If there is debris or objects in the road, such as tire treads or objects from a truck, they could cause an accident. The object could also hit and harm the rider. In the event of an accident, who can be held liable? In some cases, negligence can fall onto public entities like the state, county, city, or other public agency that maintains the roadways. If they knew about a hazard and did nothing about it, negligence may come into play. Prevention may be as simple as posting a warning. However, private individuals or businesses could be held liable as well. It really depends on the circumstances surrounding the case. This is why it is of utmost importance to have an attorney on your side to help you from start to finish. We understand the laws to help guide you through the very specific process of a personal injury. Call The RAWA Law Group today for more information!