When it comes to injuries sustained from accidents on the jobs or damage covered by workman’s compensation most accidents are protected. Although certain types of injuries are excluded from workers compensation claims an employer can be held liable in a civil action. Here is a list of excluded injuries:
- Defamation invasion of privacy
- Deprivation of civil rights
- Emotional distress
- False imprisonment
- Malicious prosecution
An employer-paid insurance program workers compensation provides both medical care and cash benefits for employees disabled as a result of an injury or illness suffered as a cause of the workplace environment. In fact all employers with the exception of those with fewer than four employees (in certain states) are required to carry workers compensation insurance coverage. Consequently most injuries and ailments triggered or acquired from the job are covered under workmen’s compensation. (All states mandate slightly different legislation).
Employers are not responsible for providing workmen’s compensation if the injury is completely unrelated to a workplace responsibility. Employers are accountable for intentional misconduct (when the company knowingly exposes an employee to a dangerous element).
When an employee dies as a result of a workmen’s compensation claim benefits are payable to the spouse and dependants. In cases where the organization failed to warn or notify an employee a civil/personal lawsuit or criminal proceedings may be in order.
Employers who fail to extend workers compensation insurance coverage can be face various penalties:
- Fines
- Criminal prosecution
- Civil/Personal liability for injured worker(s)
A qualified personal attorney can determine if an employer is responsible for workmen’s compensation and if the employer is liable for other damages caused by the illness or injury.
In a wrongful death lawsuit or claim what types of damages are recoverable?
These damages are recoverable in a wrongful death claim:
- General damages
- Punitive damages
- Projected loss of victim’s earnings and an assessment of future earnings through retirement
- Loss of any of the following:
- Inheritance caused by the untimely death
- Care companionship and protection (for the survivor(s))
- Pain and suffering
- Benefits caused by the victims death (pension medical coverage etc.)
Mental anguish
What types of “wrongful death “ scenarios call for filing a claim or lawsuit?
A wrongful death transpires when an individual perishes as a result of malice negligence or product liability on the part of another. Here are a few examples of wrongful death situations:
- A workplace accident
- Hazardous faulty manufactured products
- Intentional or malicious violence
- Medical malpractice
In cases of wrongful deaths due to malicious acts of violence can the offender be prosecuted under criminal law?
Absolutely. An intentional act of violence is recoverable by a wrongful death lawsuit. It is also a prosecutable offense.
Who can sue to recover the damages resulting from a wrongful death?
Damages are recoverable via wrongful death claims. Immediate to close family members including dependents may sue to recover the damages associated with a wrongful death.
In a wrongful death suit can victims or plaintiffs finance legal services?
While the payment options of each lawyer varies many attorneys may agree to a “contingency fee” or a percentage of the wrongful death compensation/claim. A contingency fee can be a win-win because if the attorney does not win the case the client does not have to pay for the services. In general lawyers negotiate between 20 and 50 percent for contingency fees.
- There are more than 6 million motorcycles cruising up and down American roads.
- In 2004 approximately 88000 motorcycles were involved in crashes. When compared to the fatality rate of passenger vehicles the fatality rate of motorcyclists was almost five times more significant.
- The fatality rate of motorcyclists is 34 times more likely than the driver or passenger of a car crash.
- Almost twenty-four percent of motorcycle fatalities happened to drivers who did not hold a valid license.
- In the year 2005 motorcycle accidents accounted for 4553 lives.
- The number of motorcycle fatalities in the 30-year old group dropped to 32 percent compared to 50 percent from the previous decade. Motorcyclists of the 30- to 39-year set decreased over the ten-year span from 26 percent in 1995 to 21 percent in 2005.
- Since 1977 the number of motorcycle accidents grew by more than 12 percent the greatest increase in more than three decades.
- According to statistics provided by the Transportations National Highway Traffic Safety Administration (NHTSA http://www.nhtsa.dot.gov) motorcycle accidents have been on the rise for almost a consecutive decade.
- There is overwhelming controversy regarding whether helmet safety laws can reduce the number of motorcycle fatalities.
- Driving over the speed limit accounts for a third of most motorcycle fatalities.
The National Highway Traffic Safety Administration (NHTSA http://www.nhtsa.dot.gov) attributes the leading causes of motorcycle accidents to a myriad of reasons. Alcoholism speeding illegal operation of a motorcycle and insufficient motorcycling operational training are the primary causes of most motorcycle accidents.
As recently as 2005 the National Highway Traffic Safety Administration found that 27 percent of bikers involved in motorcycle accidents had been drinking and their blood-alcohol concentration (BAC) was well over 0.08 grams per deciliter. The study noted that the percentage of motorcyclists driving under the influence outnumbered other driving groups:
• 1 percent of large trucks (18-wheelers)
• 22 percent passenger vehicles
• 21 percent light trucks drivers
Fact: Almost six million Americans ride a motorcycle.
Other statistics provided by the NHTSA show that 34 percent of all motorcyclists involved in 2005 were due in part to driving over the speed limit or speeding. Vehicle and truck drivers accounted for only 26 percent and 25 percent respectively.
Another finding on motorcycle accidents shows that twenty-four percent of the motorcyclists in a fatal crash have been found operating a motorcycle illegally or without a valid license.
Annually more than 500000 trucking accidents occur in the United States.
Approximately one of every eight traffic deaths is due to an 18-wheeler trucking accident.
Roughly 5000 trucking accidents account for fatalities – each year.
For a decade in our nations history from 1992 to 2002 18-wheeler accidents intensified by ten percent.
Most 18-wheeler accidents are the outcome of avoidable causes — ranging from driving error to wheeler driver fatigue. Based on 18-wheeler accident research conducted by the Fatality Analysis Reporting System (FARS) the most common causes of 18-wheeler accidents are:
- Aggressive driving
- Cell phone use
- Driving fatigue
- Driving over the speed limit
- Equipment failure (brake failure tire failure etc)
- Neglect to inspect the truck
- Failure to stably secure cargo
- Hazardous driving practices
- Intoxication
- Jackknifing
- Extra long driving-shift
- Neglect properly accommodate blind-spots
- Road debris
- Tailgating
- Tight unrealistic schedule
Following many 18-wheeler accidents victims are left with both the physical scarring and financial burden. Since many leasing companies haggle over compensating the victims of 18-wheeler accidents victims are defenseless without proper legal representation.
Grossman Law Offices represents 18 wheeler accident and wrongful death cases in Texas. Contact us for a free consultation!
Subsequent to any kind of personal injury case there are a few vital steps everyone should take if they plan to seek financial recovery or legal action.
- Since the injuries of a car accident or other unforeseen incidents may not appear right away medical attention is advised immediately.
- When applicable a police report should be documented to record the case.
- Be sure to obtain license plate numbers vehicle make/model drivers names telephone numbers insurance information and addresses of all other vehicles involved.
- As soon as possible snap photographs of the following (when applicable):
Five—10 different angles of the accident
The automobile animal or product that caused the accident damage or injury
Close-ups of the bodily harm/injury
Complete pictures of the damaged property
- If at all possible always try to write down the names of accident eyewitnesses. Ask for a good contact number.
- In cases where an injury is the result of an animal attack or bite obtain the name phone number and address of the pets owner as well as the license information animal insurance information and any other important documentation.
- Always keep all clothing defective products ripped/blood-stained items as potential evidence.
- Always cooperate with all first responders law enforcement as well as other official emergency personnel.
- Notify the appropriate insurance providers: automobile homeowner or medical.
- Contact an attorney who specializes in personal injury.
Why are 18-wheeler accidents so fatal? There are countless reasons. Starting with the magnitude of an 18-wheeler its size alone makes it merely impossible to stop impetuously. Add any speed of 20 miles or more and an 18-wheelers impact on another moving or stationary vehicle and the outcome may be fatal.
Over the years various organizations such as the Federal Motor Carrier Safety Administration National Transportation Safety Board and a host of other agencies have been researching 18-wheeler accidents. Based on thousands of fatal collision studies the most prevalent causes of 18-wheeler accidents include the following:
- Brake failure
- Debris or articles in the road
- DUI – Driving under the influence of controlled substance (alcohol or drugs)
- Exceeding the speed limit
- Failure to drive according to the rules of the road
- Failure to accommodate blind-spots properly
- Improperly secured cargo
- Truck driver fatigue
- Tire failure or separation
- Unsafe driving practices
On the supply and demand side of industry truck drivers are under great duress to move goods with immediacy. As a result 18-wheeler drivers work very long days with little sleep. Even more worrisome truckers drive at high velocities to deliver. But it only improves the chances of catastrophe.
Individuals who have survived an 18-wheeler accident and are facing expensive hospital bills necessitate legal support. A personal injury lawyer or an attorney who specializes in accidents can help recover financial losses.
The following car accident and driving resources include national web site links on safety trends and reports:
Commercial Vehicle Safety Alliance (CVSA) http://www.cvsa.org
As a non-profit agency of provincial state and federal government organizations the CVSA is committed to enhancing the safety of commercial vehicles. This group is comprised of representatives from various private sects of Canada Mexico and the United States of America.
Consumer Protection – Automobiles http://www.ftc.gov/bcp/menu-auto.htm
Sponsored and provided by the Federal Trade Commission (FTC) the consumer protection web site features updated consumer information on vehicles makes models and a wealth of resourceful data.
Department of Motor Vehicles http://www.dmv.org
Website provides information on obtaining a drivers license motor vehicle statistics and car accident reports across the 50 states and other resourceful data.
A Texas woman was injured and a Colorado woman was killeed in a freak automobile accident on Monday in wyoming when a headboard flew out of pickup truck and crashed into the window of the SUV they were driving.
Another vehichle a van was also struck by the headboard but stopped safely and no one else was injured.
A 20 year old Galvasten TX woman died on the scene when she lost control of her Ford Escape and swerved into on-coming traffic.
By STAR-TELEGRAM REPORTFORT WORTH — A Galveston resident has been identified as the woman who died Sunday in car wreck on Interstate 35W in far north Fort Worth according to reports.
Andrea McKenna 20 was identified by the Tarrant County Medical Examiners Office.
The wreck occurred about 11 a.m. Sunday near I35Ws intersection with Texas 170 just south of Alliance Airport police said.
McKenna was driving a Ford Escape sports utility vehicle on Interstate 35W when she lost control and drove into oncoming traffic. She collided with a Jeep and died at the scene.
The unidentified driver of the Jeep was taken to Harris Methodist Fort Worth Hospital where he was listed in stable condition police said.
*We appreciate your feedback and welcome anyone to comment on our blog entries, however all visitor blog comments must be approved by the site moderator prior to showing live on the site. By submitting a blog comment you acknowledge that your post may appear live on the site for any visitors to see, pending moderator approval. The operators of this site are not responsible for the accuracy or content of the comments made by site visitors. By submitting a comment, blog post, or email to this site you acknowledge that you may receive a response with regard to your questions or concerns. If you contact Grossman Law Offices using this online form, your message will not create an attorney-client relationship and will not necessarily be treated as privileged or confidential! You should not send sensitive or confidential information via the Internet. Since the Internet is not necessarily a secure environment, it is not possible to ensure that your message sent via the Internet might be kept secure and confidential. When you fill out a contact or comment form, send us an email directly, initiate a chat session or call us, you acknowledge we may use your contact information to communicate with you in the future for marketing purposes, but such marketing will always be done consistent with the advertising ethics rules established by the State Bar of Texas and you will have the option to opt out of future communications.
