Red lights do not guarantee your safety
A high percentage of road traffic collisions happen at intersections. When you consider that various vehicles are going in different directions, often at the same time, it is not surprising. That is part of why traffic lights exist: to control the flow of traffic at a junction and reduce the risk of accidents.
Yet stop signals only work if people obey them. While you may not agree with all the traffic laws in North Carolina, you probably understand why failing to stop at a red light is illegal: It endangers lives. Yet some people continue to treat red lights as optional.
According to the AAA Foundation for Traffic Safety, drivers who jump a red light represent 35% of those killed when someone goes through a stop signal. Pedestrians or cyclists account for 5% of the deaths.
Here are a few tips to reduce the risk of being injured or killed when someone fails to stop:
- Allow a couple of seconds: Allow a few extra seconds when the lights change. It reduces the risk that someone who jumps the light or fails to slow down in time runs you over or crashes into you. Check it is clear before proceeding, do not assume it is because the light changes to green for you.
- Pay extra attention: Whether on four wheels, two wheels, or foot, you need to pay full attention at intersections. It is not the time to be distracted checking your phone, talking to your friend, or listening to a great song on your headphones.
- Reduce your speed: If a crash does happen, the more momentum you carry, the worse it will be. Slow down when approaching and leaving the lights.
If you have been injured by someone who failed to stop at a red light, seek legal help to claim compensation for your injuries.
How can truckers protect their workers’ comp?
After a motor vehicle accident involving a truck, truckers are often held responsible whether you are truly at fault or not. As the operators of larger and more dangerous vehicles, laws hold you accountable for exercising more diligence than other drivers on the road. So, what can North Carolina truckers expect after a crash when it comes to workers’ compensation?
According to the North Carolina Industrial Commission, trucking companies must carry insurance for workers’ compensation. In fact, this insurance often covers even drivers who are called independent contractors, not just employees.
Know your rights
An important first step to protecting a trucker’s workers’ comp claim is knowing the rights and privileges afforded by the state. This includes the limitations. Even if you are called an independent contractor, especially if you do not have an individual license from the U.S. Department of Transportation, you might become eligible for workers’ compensation.
Understand OAI
North Carolina states that it does not accept Occupational Accident Insurance as a proper substitute for workers’ compensation. It might, however, provide an excellent supplement as it pays out some limited benefits and covers very specific injuries truckers might encounter on the job.
In most cases, however, if does not provide benefits that are as good as those provided by workers’ compensation. If you have been injured, and your employer and insurance carrier are telling you that you are not eligible for workers’ compensation, because you are an “independent contractor,” you should call a qualified worker’s compensation lawyer, to make sure that that is true. It usually is not.
Handle emergencies
During an emergency, the state recommends prioritizing health over benefits. It recommends that the trucker seek medical assistance, even if the employer does not carry insurance. The person might then need to report the lack of insurance and seek approval from the Commission. Note also that workers should report an accident to the employer as soon as possible and must file a claim within two years.
Knowing what benefits apply to you might come down to your specific work relationship and several other details in your contract. If you have any questions about this, you should contact a qualified workers’ compensation lawyer.
Losing a limb or an extremity in an amputation is one of the most catastrophic accidents a person can suffer. We live in a world of heavy machinery, from the vehicles that we drive to the equipment at our jobs.
Items that you take for granted as part of your life could eventually cause severe enough injury that doctors must amputate a limb or extremity. In some cases, an incident with a machine or a vehicle could amputate a limb or extremity at the scene of the incident.
Regardless of whether the initial trauma removed your limb or doctors had to do so to pursue the best medical outcome in your case, an amputation related to a traumatic injury is going to have a major impact on your life. How do you begin to estimate the costs associated with the loss of a body part?
Medical costs alone can reach hundreds of thousands of dollars
The loss of an arm, leg, hand or foot can impact your life in a number of ways. However, perhaps the most immediate issue will be the need for medical care to address the trauma of the injury, the cost of a prosthesis or other medical device intended to help you regain independence after the injury, and the cost of hospitalization. Initial care is often more than $90,000 for lower-body amputations.
Many people will have ongoing care in the form of medications, such as pain management drugs, as well as physical therapy and possibly psychological counseling due to the trauma such injuries often cause. According to an analysis of single, lower-extremity amputations, the average person can expect to spend more than half a million dollars in extra medical costs over the course of their life due to their amputation.
Lost earning potential, changes to your house and other costs also add up
Depending on the kind of work that you do and whether the injury has a direct impact on your ability to perform your job, an amputation could mean hundreds of thousands of dollars worth of lost wages for skilled or blue-collar workers.
There will also be expenses involved in making your living space or vehicle more accommodating for your current condition, as well as costs for nursing care, in-home support or outsourced household services, like lawn maintenance.
Depending on the circumstances that led to an amputation, there may be multiple options available to a victim, including workers’ compensation, lawsuits against third-party individuals and even car insurance claims. Getting advice about the incident that left you injured from an experienced attorney can help you make good decisions after an amputation injury.
You need not be an electrician to face substantial risk of electrocution when you work construction. In fact, the Occupational Safety and Health Administration ranks electrocutions as the second highest cause of construction fatalities in the U.S.
It may surprise you to learn that only 50-100 milliamperes of electricity rampaging through your body can kill you. As a construction worker, most of the common electrical tools and equipment you use on a daily basis carry 15-20 amperes–over 100 times that amount.
Electrocution causes
Construct Connect explains that numerous opportunities exist for you to suffer an electrocution injury by coming into contact with one of the following:
- An improperly grounded electrical cord
- A frayed or damaged electrical cord
- A cord improperly connected to an extension cord
- A malfunctioning electrical tool
- An improperly maintained electrical tool
- In addition to live wires in the building being constructed
Unfortunately, you also have many opportunities to come into contact with live overhead electrical wires when you work on tall ladders or scaffolding.
Electrocution statistics
The sobering statistics on construction site fatal electrocutions read as follows:
- They account for 61% of all construction deaths.
- 30% of them victimize male construction workers in the 35-44 age bracket.
- 25% of them victimize construction laborers.
- 19% of them victimize construction site electricians.
Even when an electrocution accident “only” injures you instead of kills you, you can expect to sustain serious electrical burns, some of them possibly covering large portions of your body. These burns, in turn, will require a long stay in the hospital burn unit while you undergo painful debridement treatments to remove your dead skin cells so new ones can grow. In addition, you likely will have to undergo one or more skin grafts to reduce the amount of disfiguring scarring your skin will carry for the rest of your life. Electric shocks can also cause neurological and brain injuries.
When a driver acts negligently or recklessly, causes a car accident, and injures someone in the other vehicle, naturally, that person may be liable for the financial damages their victim suffers. But they might not be the only one who is responsible.
In North Carolina, legal principles called vicarious liability and respondeat superior recognize that a negligent driver’s employer can also be liable for injuries caused by an employee, in the course of employment. As a victim of a negligent commercial truck driver or other employee of an employer, this could be a way to ensure that you receive full compensation for your medical bills, lost wages, damage to your vehicle, other expenses, and general damages for things like pain and suffering.
How vicarious liability and respondeat superior help accident victims
Vicarious liability refers to liability by someone other than the person who is actually performing the negligent act. Respondeat superior (which is Latin for “let the master answer”) is a specific type of vicarious liability, under which employers can be liable for collisions or other acts of negligence caused by one of their employees, if the employee was in the course of their employment at the time. Respondeat superior is separate from “negligent entrustment,” like negligence by the owner of a vehicle by entrusting their vehicle to a bad driver. For example, a trucking company can knowingly hire a driver with a poor driving record or no experience operating 18-wheelers, then give that driver one of the company’s trucks.
Generally, trucking companies and other businesses that involve transportation are well insured against motor vehicle accident liability. If you or your loved ones suffered severe, disabling injuries in your crash, the employer will be more likely to have the resources to compensate you adequately than the individual driver. For this reason, however, companies are more likely to question the amount of compensation you are entitled to.
Evening the playing field
In litigation, these companies may have deep pockets for hiring attorneys to defend them. Fortunately, most personal injury lawyers in Greensboro who represent plaintiffs work on a contingency basis. They get paid a portion of any settlement or successful trial verdict, so there are no upfront fees to the client.
How safe are self-driving cars?
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.
Do I qualify for workers’ compensation?
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.
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