Drivers who text while behind the wheel in North Carolina can be fined $100, but they are assessed no driver’s license points and face no auto insurance surcharges. Road safety advocates say that penalties like this do little to deter behavior that is thought to be a major factor in surging traffic accident fatalities. Figures from the National Highway Traffic Safety Administration suggest that distracted driving accidents claimed 3,450 lives in 2016, but advocacy groups believe that the problem is underreported and the true death toll is actually much higher.
The reason that distraction may be underreported is because the behavior leaves no obvious clues for law enforcement. Lawmakers in Nevada are debating whether a device known as a textalyzer could provide such evidence. The device plugs into a cellphone and reveals whether a driver was swiping or typing when they crashed.
The Israeli company behind the textalyzer says the device does not access or gather any sensitive personal information, but this assurance does not impress groups like the American Civil Liberties Union. In 2017, a similar bill to the one being discussed in Nevada was rejected by lawmakers in New York due largely to concerns over privacy. A modified version of that legislation is now being debated. No police departments currently use the technology.
The kind of data accessed by the textalyzer often plays an important role in motor vehicle accident litigation when distraction may have played a role. When the defendants in these lawsuits are unwilling to turn over their wireless service records, experienced personal injury attorneys may seek to obtain them with a subpoena. Other evidence that might lead a jury to believe a driver was distracted includes information stored on automobile black boxes revealing that they took no evasive action.
Source: North Carolina Legislature, § 20-137.4A. Unlawful use of mobile telephone for text messaging or electronic mail.
The risk of being involved in a car accident is significant on nearly any road in the United States. And you don’t even need to be in a car to be at risk. Pedestrian accidents continue to be a major problem nationwide, and the problem seems to be getting worse for about half the country.
That’s according to a report by the Governors Highway Safety Association (GHSA). The report showed that during the first six months of 2018, pedestrian fatalities rose in 25 states, compared to the same time period a year earlier. That includes North Carolina, where pedestrian accident fatalities increased by 23 percent.
Our state was ranked 12th in the nation for increases in pedestrian deaths in the first half of 2018. The total number of fatalities for that six-month period was 102 statewide. Alarmingly, fatal pedestrian accidents nationwide have increased recently despite a 6 percent drop in all other traffic-related deaths.
There are numerous factors to explain the increase, according to the GHSA. They include:
- Distracted driving
- Distracted pedestrians
- Alcohol impairment
- An increase in foot traffic on infrastructure designed primarily for cars
- An increase in the number of SUVs on the road
Everyone is responsible for traveling safely on shared roads, including drivers, bikers and pedestrians. But drivers have an especially large responsibility in light of the dangers they pose to pedestrians and bicyclists. As the report’s author noted about the plight of pedestrians: “Crossing the street should not be a death sentence.”
Too often, serious injuries and fatalities are dismissed simply as the costs of getting around. But that should never be the case. If you have been seriously injured or a loved one has been killed by a negligent driver, please discuss your rights and legal options with an experienced personal injury attorney.
Car accidents are disorienting. Suddenly you’re worried over potential injuries, repair costs, insurance, getting to work and more. In this flurry of questions and confusion, it can be challenging to focus on the important steps you need to take.
In the aftermath of a car accident, follow these four steps to ensure you are within your legal rights.
Report the car accident
According with North Carolina law, you must contact the police about a car accident if:
- Any person was injured or killed
- There is more than $1,000 in property damage
- Your insurance company requires it
- The city law requires it
As a rule of thumb, it is usually best to contact the police for any vehicle accident, so that a police report can be made. This report prevents parties involved from changing their story later on.
Avoid claiming any fault for the accident
Remember not to apologize or assume any fault for the accident at the scene. North Carolina negligence laws follow the doctrine of contributory negligence, which bars recovery by the plaintiff if he or she is partially at fault. This means even if you have been injured, you may not be eligible for compensation if you are attributed with partial fault for the incident.
Following a car accident, you may not realize all of the components involved in the incident, so you should be careful not to admit things at the scene. The other driver’s insurance company will not hesitate to use anything you say against you. You are not required to answer any questions asked by the other party’s insurance company. Consider consulting an attorney about answering these questions on your behalf.
Seek medical attention
Victims of car accidents may experience delayed injuries. You should always seek medical attention after a car accident and keep record of your diagnosis, injuries and treatment. These will be of use to recover costs in a personal injury case. Those who “tough it out” by not going to a doctor after an injury are punished by a system that treats delay in treatment as evidence that they weren’t injured.
Get legal help within the time limit
Because North Carolina is strict about which circumstances warrant personal injury compensation after a car accident, it is important that you contact an attorney to file for an injury or damage to property claim within the time allowed. The time limits can be complicated, so you should consult a lawyer very soon after your accident, if you have any questions.
Burns have the potential to damage your body so significantly that it can be nearly impossible to heal. Those who suffer from severe burns may be unable to sweat correctly, have no sensation due to nerves being destroyed and may need a lifetime of care.
Fortunately, workplace burns are preventable. There are a number of different types of burns that could occur, but with the right preventative techniques, it’s possible to avoid burns completely.
Electrical burns are some of the most common burns in the workplace. When a current travels through the body, it hits the tissues and meets resistance. At that point, the body suffers a burn from the buildup of heat. To help prevent these burns in the workplace, your employer should train each worker to use machinery and devices that have the potential to electrocute you. Additionally, high-voltage machines need to be marked clearly.
Another kind of burn you could be exposed to is a chemical burn. Chemical burns happen when your skin or eyes come into contact with corrosive or caustic materials. Acids and alkaloids can both cause chemical burns to the skin. Even commonly used cleaning supplies have the potential to leave you with chemical burns. How can you prevent them? Make sure you and anyone else using caustic or corrosive materials wear the correct safety equipment and has training in how to perform tasks safely.
If you suffer from a burn of any kind on the job, your attorney can help you make sure you get the workers’ compensation you deserve. This compensation is there to help support your medical care needs and to replace lost wages if you need to miss a significant amount of work.
Source: OSHA Education Center, “Preventing Workplace Burns,” accessed May 18, 2017
Mesothelioma: A work injury that attacks years later
You might remember commercials on the television discussing the dangers of mesothelioma, or you may recall hearing about the risks of asbestos. Regardless of how you came to know about mesothelioma, it’s important to know why it’s such a big deal.
Mesothelioma is a form of cancer that is aggressive and difficult to treat. It typically affects the heart, abdomen or lungs. People who develop this form of cancer have most commonly come into contact with asbestos, which they breathed in.
There are around 3,000 new cases of mesothelioma reported each year. Most individuals who develop it have had previous exposure within the last 10 to 50 years. It takes time for this form of cancer to develop, so it’s common for the injuries to occur many years after the exposure.
The tragic part of mesothelioma is that only 33 percent of patients live longer than a year after diagnosis. The average life expectancy after developing the cancer is between six and 12 months, even with surgery, chemotherapy or other treatments.
If you’ve developed this kind of cancer, it’s important to discuss your case with your attorney. You and your family may be entitled to workers’ compensation or other forms of payment since this is a condition often linked to the workplace. If you were exposed to asbestos in the workplace, it doesn’t mean you’re going to develop this cancer, but it is a possibility. If you do, then you should fight for everything you’re entitled to, so you and your family can seek all the treatments possible without financial strain.
Source: Mesothelioma and Asbestos Awareness Center, “Mesothelioma,” accessed May 11, 2017
Employers have a responsibility to keep you safe
Imagine working your entire life in an industry that has a high rate of injuries and deaths. Just as you’re approaching retirement, you get into an accident that causes you to suffer from permanent disabilities. Your life is forever changed with just workers’ compensation and Social Security Disability (SSD), among other benefits, to help you make up the difference in income.
In 2015, there were 150 people killed on the job in North Carolina. Some were young and new on the job while others had served at their workplaces for decades. It’s never okay for a worker to fear heading to his or her job because of the potential for workplace accidents, but that’s the reality for many, even in North Carolina.
The Occupational Safety and Health Administration (OSHA) has existed since 1970, and it requires companies to create safe working conditions. It also gives regulators the duty to act to protect workers when the companies don’t. When companies don’t protect their workers, it’s much more likely that a person will suffer injuries or die, like a 65-year-old man did in 2015. His workplace had a number of safety violations on record, yet he still passed away as a result of a hazard in the workplace.
It is your employer’s obligation to keep you safe on the job. If you find that you are constantly in danger or exposed to hazards in your workplace, you can reach out to OSHA for help. Your attorney can help you file for workers’ compensation if you do suffer an injury and need to pursue compensation moving forward.
Source: Jefferson Post, “Workplace fatalities in NC remain a woefully under-addressed scandal,” William Dworkin, May 01, 2017
Many people work as independent contractors, and in their cases, they often do not have a right to workers’ compensation when they’re hurt on the job. For independent contractors, the fact is that a personal injury claim may be the only option for getting compensated.
Sometimes, people are misclassified as independent contractors, and that makes it more likely for them to go without the workers’ compensation they deserve. That’s what happened in this case.
According to an April 19 news report, an exotic dancer who was injured on the job was identified as an independent contractor, but she was really an employee. The woman was injured during a nightclub shooting.
The woman worked in clubs in Charlotte and in those in South Carolina in 2008. She was shot in South Carolina while working at Boom Boom Room Studio 54. She paid a tip-out fee and was allowed to perform after providing her age and identification. She hadn’t filled out an employee application and did not have an employment agreement.
While performing, a gun was fired. The bullet struck her in the abdomen. She has extensive scarring and is unable to work as an exotic dancer. She also suffered injuries to her pancreas, kidney, uterus, intestines and liver.
She applied for workers’ compensation temporary total disability and medical benefits because the nightclub did not have workers’ compensation insurance. She was denied, with the denial claiming she was an independent contractor.
The South Carolina Supreme Court reversed that decision, stating that because the club could fire her and controlled and directed her work, she was an employee and should receive workers’ compensation.
This ruling was south of the North Carolina border, but it could affect you, too. If you’re injured and denied compensation because of misclassification, your attorney can help.
Source: Business Insurance, “Injured exotic dancer was employee, not independent contractor,” Kristen Beckman, April 19, 2017
When it comes to your health, you want to know that if you get hurt at work, it’s covered by your employer. North Carolina’s workers’ compensation laws help protect you by making sure employers have workers’ compensation insurance unless they are exempt.
How long do you have to report an injury on the job?
You have up to a month (30 days) to inform your employer that you’ve been hurt. In most cases, you should tell your employer about the injury as soon as possible. Your employer may already know that an accident took place if he or she was present at the time. It’s still important for you to write a statement about what occurred and when it occurred.
How long do you have to file a claim for workers’ compensation?
You have up to two years to file a claim. This helps individuals who don’t know the full extent of their injuries or who need additional time to make a claim have time to do so.
Once you file a claim, how long do you need to wait for your benefits?
Benefits kick in after a seven-day waiting period in North Carolina. If you’re unable to work for 21 days or longer, the benefits become retroactive back to the date of your injury.
Your attorney can help you with your claim. If you have a claim that has been denied, it’s your right to file an appeal in an attempt to have your injury covered by your employer. Your attorney can help you make sure your appeal has all the necessary information.
Source: FindLaw, “North Carolina Workers’ Compensation Laws,” accessed April 20, 2017
Genetics have changed many things about how we grow. You now can find out if you have debilitating diseases before they strike, and you can see if you’re predisposed to problems like cancer or other diseases or disorders. This is beneficial in a medical light, but should employers be able to see those results?
Could you face discrimination based on your genetic predisposition for a disease? You could. That’s why a bill that has been presented is being questioned. The bill allows employers to offer a discount to employees who participate in a workplace wellness program, and that could save the worker and his or her family over $1,500 a year.
That information might be helpful in a medical sense, but there is really no saying how a company will use that information going forward. It could mean paying more for the patient confidentiality people already have today.
Right now, federal law bans companies from using genetic information during the hiring or firing processes. Additionally, genetics can’t be used to discriminate against employees. That’s not the problem. The problem is that the samples could eventually provide so much information that a business might be tempted to look and use that information, hurting employees in the process.
There are few workplace wellness programs in place now, but moving forward, genetics could become more common. It’s illegal to discriminate against you due to your genetic test results. If that happens, you are in a position where you may be able to seek compensation from your employer for discrimination and for violating the law.
Source: CBS News, “Should companies be allowed to demand your genetic test results?,” accessed April 10, 2017
What kind of hazards lead to amputations?
No one who goes to work should ever have to worry about an amputation due to a workplace accident, but they do occur. Amputations are debilitating and considered to be one of the most severe workplace injuries. They can occur in a number of fields due to a variety of causes. Most often, these injuries are caused by meat grinders, drill presses, grinders, sheers, conveyors and unguarded or poorly safeguarded mechanical equipment.
Workers can be exposed to the risk of amputation when preparing a machine for maintenance, when clearing out jams or when cleaning machinery. Of course, many other risk factors exist as well.
Machine components that are particularly dangerous move in ways that could sever the limbs of a human. For example, transversing parts move in a straight line and could pinch a worker between the moving part and a stationary end point. Rotating machinery could grab onto loose clothing and pull in a body part, pinching it, cutting it or otherwise injuring the worker. Cutting parts also pose a threat. These parts, including saws, drills and other pieces, can pierce through skin and bone.
Employers can help prevent accidents like these by taking steps to make the workplace safer. Using machinery guards helps prevent clothing or body parts from being near dangerous parts of the machinery. Some devices help interrupt the functions of machines if they recognize human hands or parts that don’t belong where they’re sensed.
Source: OSHA Fact Sheet, “What are the sources of amputations in the workplace?,” accessed April 07, 2017
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