What is a workers’ compensation claim?

Workers’ compensation is government-mandated injury insurance for employees, overseen by the state. It enables injured workers to recover medical care and other benefits without bringing lawsuits against their employers. Employers may pay for workers’ compensation insurance for their employees, or they may be self-insured and handle workers’ compensation claims directly.

What is a personal injury case?

Through an injury claim or civil litigation, an injured person may pursue compensation with evidence that someone or some organization has caused an accident that injured them through negligence.

What is a third-party liability claim?

A third-party liability claim against a negligent person or organization that is not an injured person’s employer is separate from a workers’ compensation claim. An injured worker may find relief after an on-the-job accident or occupational illness through both types of legal actions.

When someone commits wrongdoing or fails to take reasonable precautions to protect the well-being of others, these actions or omissions are called negligence.

A person, business or government agency that is held to be obligated or responsible for compensating someone for injuries and losses is said to be liable.

What are ‘damages’ in a personal injury or premises liability case?

The legal remedy for negligence – usually money that someone may need to pay to cover a plaintiff’s injuries or losses – is often called “damages.” In addition, punitive damages may serve as punishment for negligence.

What is premises liability?

A property owner or manager is considered responsible for the well-being of people who work in, live in or visit their buildings or land. Through a premises liability claim or lawsuit, a store owner or parking lot manager may be liable to compensate customers for on-site injuries.

What is a maritime injury?

Typically, a maritime injury in the United States is one that hurts a worker or passenger on a vessel in U.S. navigable waters. Shore-based accidents may also pertain to the maritime industry.

How are maritime injuries covered?

A maritime accident may be compensable through federal Jones Act claims and other state and federal laws governing vessels on navigable waters, such as rivers and ocean waters.

What is a soft-tissue injury?

A sprained ankle, a herniated disk and neck strains caused by torn muscles or tendons are all examples of soft-tissue injuries.

What is a catastrophic injury?

A life-altering spinal cord injury, traumatic brain injury (TBI) or amputation that may require disability accommodations and personal care for the rest of the injured person’s lifetime is considered to be catastrophic.

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Fatality rates are down, but motorcycles are still dangerous

On Behalf of The Truitt Law Firm, LLC | Apr 21, 2020 | Motor Vehicle Accidents

There have been alarming news regarding the 50% increase in the number of pedestrian deaths here in the United States in the last decade. So it is always nice to pass along some good news – motorcycle fatalities were down in 2018 (the most recent year of comprehensive data). Nonetheless, those who enjoy the thrill of going for a ride on their bike or hog should note that there is still plenty of sobering data.

Facts worth noting for bikers

Here is a collection of some of the most noteworthy motorcycle statistics compiled by the Governors Highway Safety Association (GHSA):

Fatalities down: There were 4,985 motorcyclist deaths in 2018, which is down by 4.7%.
Helmets save lives: The GHSA estimates that 1,872 lives were saved by using helmets, and another 749 would have been saved if riders had used a helmet.
Impaired riding is risky: 28% of riders involved in fatal crashes had a blood-alcohol level of .08 or higher.
Speed kills: 32% of riders in fatal crashes were speeding.
Speed kills 2: Those riding fast high-performance bikes are four times more likely to die in a crash than other bikers.
Higher fatality rates: Bikers are 27-times more likely to die in an accident than those in cars or trucks.

Rider error a major issue

Bikers must be extremely careful on the roads when it comes to encounters with other drivers. While drivers in cars and trucks cause 75% of all motorcycle crashes, rider error is a significant contributor to crashes:

Fixed objects: 25% of motorcycle deaths involve the rider hitting a fixed object.
One-vehicle crashes: 30% of motorcycle accidents involve no other vehicle, which is a third higher than drivers in cars.
Poor judgment: 66% of motorcycle accidents are due to rider error like over-braking or taking a turn too fast.

Rates must continue to go down

Injuries and fatalities are an unfortunate part of driving on the roads. Nevertheless, bikers and drivers in cars and trucks should still strive to be more careful on the road. This involves good driving habits, including not driving while distracted. Those not paying attention or exercising poor judgment may be liable for damages, medical expenses, lost wages, or a wrongful death claim. Those with questions about a crash should speak with an experienced personal injury attorney who handles these types of motorcycle cases.