Car drivers, not motorcyclists, need safety training about motorcycles

Posted by on Aug 17, 2017 in Car Accidents | 0 comments

Of the many different forms of transportation used across the nation, motorcycles are particularly popular, with nearly 8.5 million individuals licensed to drive a motorcycle across the U.S. These vehicles offer an appealing alternative to other vehicles due to their compact size and increased gas mileage, but they also offer less protection from other drivers on the road. Many cars do not watch carefully for motorcyclists or misjudged the distance between themselves and these smaller vehicles. This can result in dangerous accidents, with life threatening results.

Across Indiana many people choose motorcycles as their primary mode of transportation, and the Indiana motorcycle safety program aims to increase the public awareness of motorcycles on the road. Despite this however, numerous accidents involving motorcycles still occur and in 2015 alone, there were 108 fatal motorcycle crashes in Indiana. Fox 59 has reported on several of the recent motorcycle accidents in Indianapolis. In April of 2017, a motorcyclist was severely injured in a crash early in the morning near Rockville Road. The motorcyclist was driving along the road when a truck turned left into his path. The rider was taken to a local hospital in serious condition, but his injuries are not life threatening. Another accident, that Fox 59 reported on, occurred in June of 2017, near Georgetown road. The vehicle attempted to pull out into the roadway and the motorcyclist stopped abruptly to avoid a crash. This motion sent him over the handlebars or his bike, and he hit his head on the pavement. Although the cyclist was rushed to the hospital, his injuries were severe and he later died. In both of these cases, the drivers of the other vehicles remained at the scene, and they are under investigation from the Indianapolis police.

Both of these incidents indicate a serious lack of awareness that many drivers have about motorcyclists on the road. This led them to take actions which put the bikers in serious danger, and they could not avoid an accident. Although the drivers of the vehicle made the correct decision to remain on the scene, they must still face the consequences of injuring and killing another driver. Drivers of all vehicles must take extreme care to ensure that they are aware of all other people and drivers on the road. While it can be difficult for drivers to recognize a vehicle as small as a motorcycle on the road, with increased caution and preparation, they may be more capable of preventing motorcycle accidents.

The families and loved ones of these drivers are almost certainly facing significant emotional pain as a result of these accidents. Not only must they manage their grief, but they must also face the financial consequences of this loss of life and loss of income. Fortunately, Indianapolis personal injury lawyers are prepared to help families receive compensation in situations such as this. Although financial assistance will not end the pain of this loss, it can help maintain financial stability during this difficult time.

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Difference between Insurance Adjusters and Public Appraisers

Posted by on Aug 2, 2017 in Insurance Appraisers | 0 comments

In the wake of a disaster, such as hail, wind, tornado, earthquake, fire, water leaks, or flood, homeowners should be able to expect that their insurer providers will be there to uphold their end of the bargain. Sadly, many insurance companies fail to adequately assess the damages that are caused by a disaster, thereby, failing to fairly compensate policyholders when they need it most.

It is important to keep in mind that insurance companies are businesses; thus, they will do everything to pay as little as possible on claims filed by policyholders. That means your insurance provider will send out their own claims adjuster to determine the extent of damages on your property, and there is a good chance they will not be as thorough as you would hope. If your damages need assessment, you should consider working with a licensed public insurance claim appraiser who can help you make sure you are treated fairly.

In the website of United Policyholders, it is said that if your home has been damaged or destroyed, you are likely to feel overwhelmed by the loss and by the repair, replace and recovery process that lies ahead. If your property was insured, that insurance policy is the best vehicle to get you back home. If this is your first experience with a large insurance claim, recognize that it’s basically a business negotiation.

Insurance adjusters and public insurance claim appraisers are both insurance claim professionals, however, during an insurance claim process, there is one key difference in their roles. Insurance adjusters act on behalf of the insurance company that employed them, while appraisers are persons appointed by interested parties to ascertain and state the true value of goods or real estate.

Thus, in the event of disagreement between an insurer and an insured with regard to the value or the amount of insurance claim loss, appraisal could be an alternative to a lawsuit, whether the issue is:

  • Repair or replacement of damaged properties;
  • A settlement offer on your property damage insurance claim that you believe is underpaid;
  • You believe that damage to your property warrants full replacement, but your insurance company just wants to repair;
  • You have damage to your property but your insurance company disagrees;
  • Your claim has stalled out; or
  • Your claim been denied.

For property owners in Texas, providing Texas insurance claim help are public appraisers or public insurance claim adjusters who, in the event of a disaster, do not just focus on the visible, surface-level damage a disaster may have caused, but look for structural and other hidden damages that your home may have sustained. Only after they have fully assessed the total damage will they determine whether what you will need is repair or replace what can and should be replaced.

 

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What You Can Get from Unpaid Overtime Claims

Posted by on Jun 15, 2017 in Employment Law | 0 comments

In considering federal and state laws, it can be said that most employees who work more than 40 hours a week are eligible for 150% of their rate as overtime pay. The most important word there is “most,” because there are certain employees who are exempted from these laws, such as those who are in administrative, executive, and professional positions paid on a salary basis.

However, according to the website of the Texas employment law attorneys of the Leichter Law Firm, those who are eligible for overtime pay but have not received due compensation from their employers may take their cases to court. If they win their unpaid overtime claims, they may receive the things listed below.

Unpaid overtime compensation

Since the claim is about unpaid overtime, of course the claimant who wins the case gets the overtime pay he claims the employer has denied to him. But how can an employer deny overtime pay anyway? It can be because of legitimate errors, such as misclassifying an employee as ineligible for overtime pay or miscalculating work hours and hourly rates. It can also be because of malicious agendas, such as intentionally denying an eligible employee just to save costs and maximize productivity.

Interest

The claimant can get more than just overtime pay. He can get a lump sum called “liquidated damages,” or a specific amount of money noted by federal laws. The overtime pay he can receive can also increase because of an interest rate set by state laws.

Penalty

If it has been proven that the reason behind the unpaid overtime is a malicious agenda, like when the employer has intentionally denied an employee of overtime pay just so it can save money, the employer may be accountable for additional money owed to the employee. This additional sum usually comes in the form of “liquidated damages.”

Legal fee

Legal representatives and courts are not free. The claimant has likely gambled his own money just to have an opportunity to fight for what he believes is rightfully his. If the claimant’s case proves to be legitimate and is won, the employer may be required to pay for all the legal fees, because they are financial burdens that could have been prevented by the employer anyway if it has paid the employee’s proper wages.

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Outdoor Slip and Fall

Posted by on Feb 22, 2017 in Slip and Fall | 0 comments

You are having a relaxing stroll on the sidewalks of your city and you suddenly slipped and fell because of a slippery substance on the road. The accident has caused you injury, resulting into pain and suffering and loss time at work. Getting injured because of the negligence of another party is one of the most tragic things that can happen to you. This is especially true for slip and fall accidents, because property owners are legally obligated to ensure the safety of their premises to avoid accidents and injuries. Failure to do so may result into premises liability claims.

Common causes of outdoor slip and fall
Slip and fall accidents can happen indoors or outdoors. For indoors, the most common causes are defective railings, stairs, escalators, elevators, and slippery substances. For outdoors, slippery substances and objects that may trip you are also common.

Snow and Ice: Snow and ice can be slippery, especially if the person walking on the area is not mindful of them. It is best to maintain and clean the surroundings to avoid slip and fall accidents caused by snow and ice.

Water: One of the most obvious causes of slip and fall accidents outside is water, as it makes the area slippery. There are also instances where the use of inadequate footwear can result into limited traction and slip and fall accidents.

Trash and debris: Pieces of trash, such as the comical banana peel, can also result into a slip and fall. Debris in the area, such as piles of leaves, may also be a danger to unsuspecting pedestrians. Cleaning the area and removing possible obstructions is a good way to prevent these things from triggering accidents.

Uneven surfaces: The design, maintenance, and materials used in constructing the area may also be factors in slip and fall accidents. Uneven surfaces, such as potholes and cracks, may trip those who are walking in the premises.

Poor lighting: Sometimes, obstructions and slippery substances are easy to avoid, but pedestrians may still find it hard to even detect them if the lighting in the area is inadequate. They may not see the obstructions and trip on them. They may not be aware of the presence of slippery substances and carelessly walk through the area, resulting into slip and fall accidents, and worse, injuries.

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Riding a Motorcycle: A Dangerous Activity due to Driver Negligence

Posted by on Feb 17, 2017 in Motorcycle Accidents | 0 comments

For motorcycle riders, the likelihood of sustaining severe injuries or getting killed in an accident is always higher (compared to car drivers) due to their lack of protective gears other than the helmet. This lack of protection, in fact, makes riders 20 times more likely to die in a crash compared to drivers of passenger vehicles.

Accidents involving motorcycles are either single-bike crashes or multiple-vehicle accidents. A single-bike accident, which is the more common of the two, involves no person or vehicle other the rider and his/her bike. It includes accidents, such as a rider crashing his/her bike to a concrete barrier, a lamp post or any other road fixture, or a rider crashing on asphalt after running on a patch of gravel, sand or leaves, or any slippery object or surface. The National Highway Traffic Safety Administration (NHTSA) points to alcohol use and speeding as the two major causes of single-bike accidents; both factors greatly reduce a riders’ capability to react to emergency road situations on time, as well as make a rider lose control of his/her bike easily.

A multiple-vehicle accident, on the other hand, which may be rarer, but definitely deadlier, involves another vehicle, like a car, an SUV or a truck. This type of motorcycle accident is usually due to driver distraction, impairment due to alcohol or illegal drug, failure to notice an approaching motorcycle or a driver’s simple refusal to acknowledge and respect a motorcyclist’s right of way.

Head-on collision, rear-end collision and side impact are the deadliest types of multiple-vehicle motorcycle accidents as these can easily severely injure, disable or kill a rider. Based on NHTSA records, about 4,500 motorcycle riders die every year, while another 90,000 suffer injuries.

it can be hard for riders to prove that they are the victims in the event of an accident and that it was the motor vehicle driver’s carelessness or recklessness that caused the accident. With the help of a highly-skilled personal injury lawyer, who is well familiar with conducting investigations that can lead to proofs supporting a prosecutor’s claim, however, injured riders may just be a to prove their innocence and receive compensation for their pain and suffering.

The amount of compensation that a personal injury lawyer recovers for his/her clients varies for each case. No two cases are the same, despite how similar their circumstances may be. Compensation or commonly referred to as damages, according to the Ali Mokaram law firm, can be divided into two categories, punitive or compensatory damages. Punitive damages are penalties that a judge will award to the plaintiff that is specifically designed to punish the defendant for their heinous acts. These damages are typically reserved for cases involving tort law and are often used to deter the defendant from doing the act again. On the contrary, compensatory damages are designed to help the plaintiff to pay for the costs of recovering after the injury. These damages often include things such as lost wages, property damages, and lawyer fees.

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