In 1995, a study performed by researchers at the National Public Services Research Institute assessed motorcycle helmet interference, specifically the effects that motorcycle helmets had on seeing and hearing. It involved 50 motorcyclists who operated the motorcycles on a test route. They had to change lanes in response to an audible signal wearing no helmet, a partial coverage helmet, or a full coverage helmet. The researchers assessed half of the riders for head rotation and the other half for hearing.
The results showed that a helmet did create a minor vision impairment based on the helmet size/coverage. Participants had to turn their heads a little further when wearing a helmet, but not to the full extent of the helmet’s restriction. They note, “the minimal amount of lateral vision…that is sacrificed by wearing a helmet can be made up by turning the head a little further.” In regard to hearing, the study found no differences in hearing abilities.
They concluded that any impairment of seeing or hearing is very minor. Thus, they say that any impairment is too small to compromise the safety that comes from wearing a helmet.
If you’re in an accident with a teen, a car accident claim against the driver may be possible even if he or she is a minor, provided he or she is covered under an auto insurance policy.
Unfortunately, some teenage drivers do not have insurance coverage. Even in cases where the driver does have insurance, it may not have adequate coverage to cover your losses in an accident. If you have doubts about the party that you can name in your car accident claim after a collision with a teen driver, speak to a car accident lawyer.
Even if the teenager is not covered under his or her own insurance policy, he or she may have coverage under a parent’s insurance policy. An attorney will begin investigating all of these issues to determine the best possible source of compensation for you.
The record of duty status (RODS) is the log that drivers of commercial motor carriers must keep which indicates their hours of service. It is important for a Dallas truck accident claim because it can reveal if the trucker was driving over his/her allotted hours and thus may have been fatigued at the time of your accident, helping secure the evidence that the crash was his/her fault.
In the Federal Code of Regulations § 395.8, the Federal Motor Carrier Safety Administration (FMCSA) sets forth very rigid guidelines regarding logbooks that all truck drivers and truck companies must keep.
The Texas Department of Public Safety reiterates this rule in A Texas Motor Carrier’s Guide to Highway Safety: “Failure to complete or retain the log, or knowingly falsifying logs or other reports, make the driver and/or carrier liable to prosecution.”
When someone suffers injuries in an accident that was someone else’s fault, it may lead them to take action to recover compensation. The means by which an injury victim obtains compensation could be through a personal injury claim or lawsuit. It’s important to understand the difference between them and when either may be appropriate.
General Motors (GM) has announced yet another recall. This one involves close to 52,000 SUVs for faulty fuel gauges.
Hot on the heels of the ignition switch recall, General Motors has announced another problem regarding the ignition system in 2.6 million of its vehicles. With two major active recalls and fines of $7,000 piling up each day, General Motors is facing some tough battles.
An auto accident is a devastating event that causes serious injuries or even death. When someone else is responsible for causing your car accident, there are laws that allow you to receive compensation. In general, the key requirement in all car accident cases is establishing certain elements to prove negligence.
There are specific requirements for showing that someone was negligent or careless in a way that should make him or her legally culpable for damages. As an auto accident victim, it will be your burden to establish these elements to prove negligence in a legal case.
First and foremost, this means proving that the driver owed you a duty of care. Proving a duty of care is normally relatively straightforward since all drivers on public roadways have a duty of acting safely toward other drivers, passengers, pedestrians, and others sharing the road, such as using a blinker when switching lanes or making a turn.
Once you prove a duty of care is owed, you must prove it was breached. Essentially, you must prove that the driver who caused the accident didn’t live up to the duty of care by driving recklessly or negligently, which caused you injury.
It’s also important to show that the negligence was the direct or proximate cause of the injury. For instance, you would need to prove that the negligence led to a car accident and resulted in injuries.
There are two ways of proving negligence after an auto accident claim: ordinary negligence and negligence per se. A lawyer may advise you to consider presenting both theories of negligence in your case in order to have the best chance of recovering compensation for your car accident.
Small business owners want to focus on operation, not legal disputes. Most successful businesses function with the support of employees and staff. All business owners know that staff that is content at work are more productive for the business overall. However, most businesses do not have a Human Resources Department to handle employee-related issues. What happens when there is a problem with an employee?
Unfortunately, the answer to that question is often associated with high legal fees in a narrow legal market. There are other options, however. A company can take several important steps to prevent any disputes from arising in the first place:
- Have an employment manual available for each employee and a signed acknowledgment form from the employee accepting responsibility for its rules and procedures;
- Create a progressive disciplinary policy to place employees on notice of any problems you have with their work performance; and
- Document any issues immediately when they arise and sign and date the document.
Our law firm Law Office Of Julie Johnson specializes in providing the tools to small businesses that give them the resources of a Human Resources Department, without the added cost. Our fees are tailored specifically to your needs, rather than a high, hourly rate without any idea what the final bill will be.
In today’s job market, employees are fighting harder than ever before to keep their jobs. The Associated Press recently announced that federal job discrimination complaints are at an all-time high. In 2011, the Equal Employment Opportunity Commission received nearly 100,000 charges of discrimination. These charges range from discrimination to retaliation based upon sex, race, age, disability, national origin, and religion. Be sure you have an attorney on your side to defend against any employee dispute.
I once took the deposition of an insurance executive who became quite upset at my questions about why my client’s claim was not paid promptly. Ultimately, the angry insurance executive blurted out the essence of the problem, “Insurance companies are not in business to pay out claims!” Not every insurance representative is out to cheat you, but they all have one thing in common, they are paid by the insurance company, not by you. This economic reality explains why it is sometimes so difficult to deal with adjusters after an accident or another claim is made.
Many people who are in accidents attempt to deal directly with the responsible party’s insurer or with their own insurance company. Obviously, it is the motivation of the responsible party’s insurance company to pay you as little as possible to make the problem go away. If you cannot reach an agreement on the amount or terms of the settlement then you have some options.
A. File a suit in small claims court. Small claims court cases make sense if your damages involve small amounts. These cases can be a faster, less expensive, and less stressful way to resolve differences. You don’t necessarily need an attorney to represent you in such courts. Small claims courts have a maximum amount for which you can sue depending on state law.
B. You can contact your state’s department of insurance and file a complaint. It is unlikely that the agency will take action on your behalf, but you may spur a company to do the right thing and increase the settlement offer. Your state agency may investigate if the insurance company acted improperly or refused to negotiate a settlement.
C. You can file a lawsuit against the party responsible for the accident. You may be better off consulting an attorney if the time limit for filing a suit is coming up, the damages are severe, there are competing legal issues at play, or if you simply do not have a personality type that is comfortable dealing with the situation.
If you are dealing with your own insurance company and have not been able to come to an agreement the situation is a bit little different. The policy you signed up for is a specialized contract. You agreed to send in your premiums and the insurance company agreed to provide coverage.
As part of most insurance agreements, there is an arbitration provision. Arbitration provisions in insurance policies are sometimes called appraisal clauses. Either the insured or the insurer can invoke the appraisal clause when an agreement can’t be reached. Generally, both the insured and the insurance company get an appraiser to review the claim and determine a settlement figure. If the appraisers can’t agree another appraiser is asked to look at the situation. Typically, a decision by two of the three appraisers is considered binding. The arbitration process can take weeks to months. Arbitration is not free. Both parties must pay for appraisers and share in the cost of the third appraiser if needed. These costs may be more than what you’re hoping to get.
Another form of dispute resolution is mediation and is often confused with arbitration. Mediation is when a mediator meets with the parties and tries to help the parties resolve the dispute. Mediation is generally not binding. Another factor, to take into account is that insurance representatives deal with these issues on a daily basis; the typical person seeking payment does not. It is generally a good idea to seek the opinion of an experienced attorney when dealing with insurance issues.
The Law Office of Julie Johnson, PLLC is dedicated to the protection of client rights. This blog is not intended to be specific legal advice; rather each situation must be reviewed to determine the rights and duties that may be presented by each unique set of circumstances. If you believe you have been injured through the negligence of others please feel free to contact us through our website.