Blog

Many proponents of self-driving vehicles tout improved safety as a benefit compared to vehicles driven by human beings. However, many consumers remain wary and not quite ready to embrace these vehicles or trust in their safety. An advocacy group polled consumers in February and March of 2020 to better understand how people feel about the emergence of autonomous vehicles on American roads. Knowledge gap contributes to lack of trust According to the poll conducted by Partners for Automated Vehicle Education, six out of 10 people indicated a need for a deeper understanding of self-driving vehicles and the technology that powers them before they may trust the vehicles. When asked if these vehicles may be ready for mainstream use, three out of four consumers indicated they did not believe so. Consumers with limited mobility did appear to be somewhat more informed about autonomous vehicles than their counterparts without mobility issues. As such, this group expressed a greater level of comfort with self-driving vehicles and acknowledged the benefits these vehicles may bring to their lives. Inconsistent data and regulations an issue A report by The Verge explains that currently no consistent federal regulations or data requirements exist regarding autonomous vehicles despite the call for such oversight. The United States Department of Transportation does allow for test and drive data to be submitted but does not require this. The voluntary nature of the DOT’s program leaves many concerned that the ability to truly monitor and learn about self-driving vehicle operation and safety will remain limited. In the meantime, some states have created regulations or data requirements.

According to the North Carolina Department of Motor Vehicles, nearly 20% of 2018 auto accidents in the state involved distracted driving. These collisions often have serious consequences, including lifelong disability and even fatality. Review the laws about distracted driving to stay safe on the road in North Carolina. Texting and email prohibitions The state prohibits drivers from reading, writing or sending emails or text messages while operating a motor vehicle. Specifically, drivers may not: Enter letters or text in an electronic device by hand Read text stored in or transmitted to a device, except for caller ID information Exceptions to the rule The law permits drivers to text in stopped or legally parked vehicles. The texting and email prohibitions do not apply to ambulance operators, firefighters and law enforcement officials who are performing official duties. In addition, drivers ages 18 and older may use voice technology to play, dictate and send hands-free messages and emails. They may also talk on a cell phone without a hands-free device. These exceptions do not apply to school bus drivers. Penalties for texting and driving This type of traffic ticket is a Class 2 misdemeanor in North Carolina. Drivers will receive a minimum fine of $100 plus court costs. However, the state does not impose an insurance surcharge. Police officers consider texting and driving a primary enforcement offense. That means they can pull you over solely for texting and driving, even without the presence of other traffic violations. If you or a loved one suffers a catastrophic injury in an accident caused by a distracted driver, you may have legal recourse. Your case may hinge on collecting substantial evidence to that effect, including police reports, video, photos and witness testimony.

One of the most difficult experiences you may go through as a truck driver in North Carolina is suffering an injury while on the job. Such an injury may keep you from working and leave you with concerns about how you will pay for the medical care you need and your daily living expenses. You may have the option of filing a workers’ compensation claim, but this option is not available to everyone. It is essential to make sure that you qualify for coverage. The North Carolina Industrial Commission explains the biggest factor is whether you qualify or not is your employment status. Companies may classify drivers in two different ways. If your company classifies you as an employee, then you most likely will qualify for workers’ compensation. If your company classifies you as an independent contractor, then things get a little trickier. However, be aware that most truck drivers who are called “independent contractors” by the companies for which they drive are actually employees, under North Carolina workers’ compensation law, and are entitled to workers’ compensation benefits.  There are also other features of such situations that require the assistance of a lawyer, and you should call one, if you are being told that you are an independent contractor. One of those features is the presence, in many cases, of a non-workers’ compensation “occupational accident” insurance policy.  Coverage under one of those policies does not mean that there is no coverage under workers’ compensation.  And workers’ compensation usually provides better benefits.  The weekly compensation rate under an “occ/acc” policy is often lower than the amount under workers’ comp, those policies often cut off benefits after a short period of time like two years, and “occ/acc” policies generally do not provide compensation for permanent partial disability. The general rule is that you are an employee, if the alleged employer has the “right to control the details” of the work you perform. This can be a complicated legal question, and it is not safe to assume that what your employer tells you is correct. The final ruling comes from the Industrial Commission, which may hold your employer liable because the definition of employee status for tax purposes is different from that for workers’ compensation purposes. Just because your employer classifies you as an independent contractor, it does not mean you have zero coverage. You should always check into workers’ compensation options if you have a work-related accident. This information is for education and is not legal advice.

While you feel you stand a good chance of getting workers’ compensation, have you taken steps to restructure your budget? Your benefits amount may not be enough to pay current and future bills, so whittling down expenses may be a great idea. Most people are living on a shoestring, without getting hurt.  Workers’ compensation generally pays one-third of pre-injury wages.  In North Carolina, that compensation is tax-free, but it still usually amounts to less than take-home pay before the injury.  That shortens the shoestring. Securian Financial offers tips for paying bills when you cannot work. Use these insights to tweak your budget and stretch your benefits as much as possible. Use coupons Now is a great time to use paper and digital coupons. It may surprise you to learn how much more you can save at the grocery store with a few coupons. If you have access to a warehouse store in your local neighborhood, shopping there can also save money, especially if you have to feed a family. Cut down to the essentials Look at your current budget. Are there any expenses you can do without, especially considering your injury? For instance, both your injury and current events may mean you cannot use your gym membership. Movie theater membership programs, delivery services and high-tier phone plans are a few items to consider chopping from your budget. Doing so frees up money for necessities and putting money into an emergency savings account. Prioritize payments Bill collectors do not stop sending bills when you injure yourself. To avoid late fees and penalties, pay credit card bills, insurance premiums, loans and the like first. Another reason to prioritize these bills is to protect your credit score. Be careful that you do not take workers’ comp for granted. Restructure your budget so you can concentrate on making a full recovery. It can be hard living on workers’ compensation, and it is understood that there are no simple ways to reduce costs.  Nobody wants to cut back.  Unfortunately, sometimes injured workers are forced to do so.

North Carolina motorcyclists like you are at increased risk on the road. Motorcycles offer a comparative lack of protection. Because of this, motorcyclists suffer from more severe crashes. They tend to have a higher fatality rate. Distraction contributes a lot to these risks. Today we will discuss a specific distraction. It comes in the form of a psychological phenomenon. It is inattentional blindness. Inattentional blindness in drivers The American Psychological Association discusses how inattentional blindness puts drivers at risk. This is a phenomenon in which the brain “blinds” you to everything you are not focusing on. Think of how difficult driving was when you first began. There were so many things to focus on. It is likely that you became so focused on one thing that you missed another. For example, you may have had your focus on your speedometer. In this moment of focus, you did not notice a stop sign that you ran. How hyper-focus creates distractions In an ironic twist, focusing too much on one thing is actually a form of distracted driving. Hyper-focus creates just as many dangerous situations as any other form of distraction. This is especially risky for motorcyclists. Why? Because drivers already have difficulty spotting you. Even when paying attention to the road, they may not see you due to your size. Most drivers are not used to looking for vehicles that much smaller than their own. Unfortunately, it means a higher chance of a crash when combined with hyper-focus. Motorcyclists suffer from a disproportionate number of serious and lethal crashes. Because of this, it is particularly important that they maintain awareness of these issues.

Workers injured while traveling for their employer may have a right to receive workers’ compensation for any harm or damages they incur. It does not usually matter where an accident takes place; an individual may seek a remedy from an employer for an injury sustained on the job. A company that requires international travel, such as an airline or a cruise ship, may have its own onboard staff to provide medical treatment. A licensed onboard physician may treat injured passengers and the work crew. When an injured employee receives substandard care, however, his or her condition may deteriorate. Jury orders cruise ship to pay injured worker $4 million A cruise line employee sustained several broken ribs after a vehicle struck her while onshore at one of the ship’s ports of call. The former dining room attendant did not, however, receive the immediate care she required to heal from her injuries. The ship’s medical staff failed to provide a correct diagnosis and informed her she should continue working. When the ship returned to the U.S., however, she visited a local physician who diagnosed three fractured ribs. Serious injuries may result in a permanent disability The injured employee required five months of treatment and then found she could no longer perform work as a server because of permanent nerve damage. As reported by USA Today, a jury found the ship’s medical staff negligent and awarded her $4 million in damages. The verdict included $1 million for her pain and suffering and $2 million in lost wages. The amount reflects the lifetime income that she would have earned. As part of the court’s punishment for the cruise ship’s negligence, she also received $1 million in punitive damages. An employer’s negligence should not worsen the harm A company owes a duty of care to ensure its employees do not receive negligent treatment when hurt during the course of their work, even while traveling. Maintaining an accompanying medical team does not allow a company to cut corners or provide lackluster care. When negligence results in a permanent disability, a legal action may help to recover. It is important to bear in mind that negligence committed by co-employees of the injured worker is generally covered by workers’ compensation programs, so that no separate recovery can be had.  The case reported in this post was very unusual and may not have come out the same way, under North Carolina law.  If you have questions about such a case, you should call a qualified lawyer.

If you are like most people in North Carolina, you have heard a lot of reference to distracted driving in recent years. Much of the discussion around distracted driving has focused on the handheld use of mobile phones. It is understandable that people have highlighted this danger, but the reality is that distracted driving includes so much more than holding a phone while operating a vehicle. The AAA Exchange explains that anything that diverts a person’s eyes or mind away from the act of driving can be a significant and dangerous distraction. One emerging risk facing more and more people today is the increasing number of infotainment systems built into many new vehicles. A study conducted by the AAA Foundation for Traffic Safety reviewed 40 such systems, including those developed to work with the two major mobile phone operating systems. The results were disappointing at best. While AAA indicates only systems that place a low level of demand on drivers are safe, none of the systems reviewed in the study fell into this category. A moderate level of demand was the best rating, achieved by only 11 out of 40 systems. A high demand was required by 12 systems and a very high demand of drivers was required by 17 systems. If you would like to learn more about the options available to you or someone in your family after a vehicle accident has happened caused by a distracted driver, please feel free to visit the distracted driving crash assistance page of our North Carolina personal injury and motor vehicle accident website. And of course, you may wish to call a qualified lawyer.

Most truck manufacturers these days equip their trucks with Electronic Control Modules, which many people often refer to as “little black boxes.” Though, according to FindLaw, the original purpose of these boxes was to protect trucking manufacturers against invalid warranty claims, an increasing number of personal injury attorneys have been using them to support their clients’ claims. This is because these black boxes record a host of operational data, including time driven, overall average speed, highest speed, seat belt usage, idling time, etc. Though they provide a wealth of evidence in trucking accident cases, most states have established that ECMs are the property of the trucking companies, which means the companies have the right to keep or destroy the evidence as they please. If you are the victim of a truck accident, the destruction of the data could have adverse implications on your truck accident case. An experience lawyer, however, can move quickly to protect the ECM and the evidence it contains. How an attorney can help preserve black box evidence Despite the fact that ECM’s are typically property of the trucking companies, there are a few legal measures an attorney can take to protect the block box from destruction. The first is to either file an immediate protective order or to come to a written agreement with the trucking company. Either can help to ensure the preservation of black box data. Immediately after filing a protective order or coming to an agreement, your lawyer should seek a court order to limit the movement of the truck while the case is pending. This step may involve figuring out who has possession of the truck in the first place. When requesting the court order, your attorney must specifically state that the order is for the retention of the ECM data and any other onboarding data the truck may contain. Finally, if the truck was immediately in front of or behind your vehicle, your attorney should try to extract ECM data from your vehicle as well.

Focusing too heavily on one prevention method or another may cloud the vision of construction companies and keep them from recognizing other valuable strategies for protecting their workers. Construction companies in North Carolina that understand the value of a well-rounded safety plan may be more effective at optimizing their resources. While thorough and timely communication is crucial to protecting workers, construction companies can also benefit from expending the necessary resources to train, inform and motivate their workers to play an active role in their protection at work. The role of documentation According to Nearby Engineers, documentation can provide a paper trail of required evidence that can be used if an accident or injury occurs on a construction project. However, its purposes go much deeper than providing information. Documentation that is properly filled out can be a valuable incentive for worker protection by allowing project leaders to assess the capabilities and qualifications of subcontractors that are hired. Licenses and certifications that are not documented could not only result in legal consequences for construction companies but can be a hazard to worker safety if a project proceeds without the adequate experience and skills from hired subcontractors. Incentives for construction companies While providing optimal protection may be incentive enough for construction companies to implement policies for documentation, there are other beneficial outcomes for the company itself. Esub Construction Software reminds companies that proper documentation tactics coupled with evidence of worker safety as a top priority, are ways that construction companies can maintain their reputation and credibility as entities that are committed to protecting their people.

Driving on North Carolina roadways may be daunting at times. You may feel overwhelmed with emotions when stuck behind a slow driver, especially if you are late to an important meeting or appointment. If you have experienced feelings of road rage at some point within the last year, you are certainly not alone. According to AAA, more than 80% of American drivers confess that they have felt road rage. It is the dangerous driving behaviors that accompany this rage that pose a danger to others on the road. Identify the signs If you are able to spot the signs of road rage, you could potentially prevent an accident from happening. These include the following: Failing to yield to other drivers’ right of way Racing other vehicles or speeding Cutting off other drivers or blocking them from changing lanes Excessive honking, yelling obscenities or using inappropriate hand gestures Failing to adhere to stop lights, Following too closely or tailgating AAA also reported that nearly 8 million drivers showed elevated forms of road rage, which involved intentionally hitting other vehicles or physically confronting other drivers. Contact the authorities Whether an aggressive driver has targeted you specifically or you observed someone driving in an aggressive manner, you should know what to do. Avoid interacting with the angry driver. Try not to make eye contact, yell back or exchange hand gestures. Instead, contact law enforcement and inform them of the situation. You may be able to prevent an accident from occurring.

In the immediate aftermath of a car accident in Greensboro, your first reaction may likely be to understand what might have caused the person who caused the crash to make such an egregious error behind the wheel. Those in similar situations that have come to members of our team here at Jay Gervasi, P.A. for help sometimes paint a similar picture: drivers emerging from their vehicles with food stains on their clothing and hands. This prompts the question of whether the other driver might have been eating when the accident occurred. Eating while driving may not strike you as a serious driving distraction, but statistics show that it indeed is. A dangerous (and common) driving distraction Indeed, information gathered in a joint venture between the American Academy of Orthopaedic Surgeons and the Auto Alliance shows that those who choose to eat or drink behind the wheel are 3.6 times more likely to experience a car accident than those who do not. What is even more alarming is the statistic shared by Exxon Mobil, that as many as 70% of drivers admit to eating while driving. This no doubt contributes to the data shared by the National Highway Traffic Safety Administration, which estimates that as many as 80% of car accidents may be due to this particular distraction. Why is eating while driving distracting? Eating may seem to you to be such a natural action that it hardly seems distracting. Yet a closer look at the actions involved shows that the driver that hit you (had they been eating when the collision occurred) would have had at least one hand off the steering wheel (to grasp their food), and their attention as well as their vision off the road. Cumulatively these distractions are sufficient to cause an accident. You can discover more information on distracted driving throughout our site.

Most employers in North Carolina are required to carry some type of workers’ compensation insurance that covers employees when they are injured or become ill on the job. While it is at times difficult to determine if an incident falls under workers’ compensation, there are five steps every worker should take when they have been injured on the job, according to the North Carolina Industrial Commission. The first step is to seek out medical treatment and report the injury to an immediate supervisor or the employer. There may be a healthcare provider on site or the employer can direct the employee to an approved clinic. If there is no designated clinic or provider, it is important that the employee seek the appropriate medical attention for their needs immediately. The second step is to discuss the injury with a healthcare provider and make sure they know it is work related. This means that the provider can bill the appointment and treatment as a workers’ compensation claim. The third step is to inform the owner of your company or your employer that the accident was work related. If it is possible to do this personally, that is the best way to do it, but a friend, healthcare provider or family member can also pass on the information as soon as possible. The fourth step, provided by FindLaw, is to give a written notice to the employer as soon as possible, but always within 30 days. The statement should include a brief description of the injury and the date of the accident. A family member or friend can write a letter if the injured is unable to do so, and a copy should be kept for their records. Finally, the fifth step requires that the injured follow the treatment guidelines given by the healthcare provider. By following these five steps, workers can get the appropriate treatment for their injury and get back to their jobs as soon as possible.