Common Causes of Motorcycle Accidents and Prevention
Motorcycle accidents are not more frequent than other types of accidents, but they are just as serious and should never be excluded from the ranking. The truth is, motorcyclists should always be aware of the ways that they can protect themselves from a terrible accident on the roadways. This includes understanding the most common ways that motorcycle accidents happen and how they can be prevented. Head-on Collisions: 56% of motorcycle accidents involve a motorcyclist and another vehicle. In 78% of these cases, the car will strike the motorcycle from the front. This can be devastating and, often times, can be fatal to the motorcyclist. Left-Hand Turn Accidents: When cars make left-hand turns, motorcyclists are put in one of the most dangerous situations. The car will typically strike the motorcycle when they are going straight through an intersection, passing the car, or trying to overtake the car. Being that motorcycles are small in size, they are less visible to a turning vehicle and, as such, are more likely to be involved in an accident than two cars. In most of these cases, the vehicle driver is found to be at-fault unless the motorcyclist was speeding. Lane Splitting: If a motorcycle drives between two lanes of stopped traffic, lane splitting occurs. There is usually a close proximity of cars to the motorcycle and cars will not anticipate that a motorcycle will be passing them. Either the motorcyclist or the driver of the vehicle could be found at fault for these accidents. Speeding and Alcohol Use: Almost half of the accidents that involve a single motorcycle are due to speeding or alcohol use. Motorcycles do not offer much in ways of protection to a rider, which is why the results can be deadly. Road Hazards: Hazards on the roadways cause many of the accidents that happen for motorcyclists. Motorcycles are very small, which also makes them unstable in many ways. They could run over potholes, dead animals, slick pavement, and much more. These can all pose serious threats to a motorcyclist. Safety Tips for Motorcyclists Do you want to know how to keep yourself safe? When you receive your motorcycle license, you are agreeing to the rules of the road and understanding for your particular vehicle. However, everybody can use a refresher. Here are some safety tips that you should always remember if you own a motorcycle: You should always have appropriate motorcycle attire. This includes a helmet, bike jacket, gloves, and more. You can prevent a more serious accident and injuries if you have the right equipment for the job. You should never speed, race on the highways, or ride after you have consumed alcohol. When you are making turns with your motorcycle, always be sure that you are keeping a proper eye out for hazards. Always use your own safe driving skills. Be careful of any road conditions that could cause you to lose control or lose sight of what matters on the road. Use horns in case of alarming or bad road conditions. Do you have a motorcycle accident case and believe that somebody else was at fault for your injury? Do you want to speak to an attorney who has experience in motorcycle accidents? Give us a call today and we will help you with your case.
Motorcycle Helmet Laws and Damages in California
Fortunately for the safety of motorcycle riders across the nation, many states have laws in place to avoid serious injury and even death – by wearing helmets. Many states have taken initiative to pass laws that require motorcycle riders to wear helmets. These laws go hand-in-hand with whether or not you will be able to recover damages if you are injured in a motorcycle accident, because wearing a helmet and the nature of your injuries can be determining factors in your case. According to the National Highway Traffic Safety Administration, for every 100 motorcyclists killed in a crash while not wearing a helmet, 37, would have survived if they would have been. This is why many states have decided that it is extremely important to pass laws requiring riders to wear helmets whether they are over a certain age or not. It depends on your state and what they have decided. Currently, 19 states and the District of Columbia have motorcycle helmet laws. 28 states have laws requiring only some to wear a helmet, and only three have no laws at all. In the past, there has been pressure from the federal government to create these laws and ensure that riders will be safe. By the 1970s, many motorcycle helmet laws were being instilled for the first time and lives were being saved. California Specifics In California, it is law that all riders wear motorcycle helmets, no matter the age. This motorcycle helmet law also covers all low-power cycles. This means that California is one of the nineteen states to have enlisted in a program where all motorcycle riders, no matter the age, must wear a helmet to protect themselves on the roadways. Injury Recovery Depending on if you were involved in an accident, your state’s laws will determine if you can recover for your injuries. In many situations involving a motorcycle accident, you may find that you will receive head and neck injuries. Many people will be able to recover, especially if you have been wearing a helmet in your California motorcycle accident. Here are some scenarios and what you can expect: Wearing Helmet But no Head or Neck Injury: In this case, the helmet may be irrelevant to your injury claim. However, you should always prove that you are a responsible rider by mentioning the fact of the helmet anyway. Not Wearing Helmet, But no Head or Neck Injury: In this situation, it is also irrelevant to mention the helmet. Wearing Helmet With Head or Neck Injury: In this case, the helmet will be important to your claim. It will show the court that your injuries were not worsened due to your own carelessness. It will also show that your injuries could have been worse but you prevented that by wearing a helmet. Not Wearing Helmet, No State Helmet Law, With Head and Neck Injury: It may be hard to recover in this case. They may find “comparative negligence,” which means that you could be found partially responsible for your injuries. You must be able to persuade many involved with the suit that you would have sustained injuries regardless of the helmet. Not Wearing Helmet, State Helmet Law, With Head or Neck Injury: This will be the most difficult scenario if you wish to receive damages. Comparative negligence will automatically be established. You will need the help of a personal injury attorney for this. Luckily, we have your back if you have been injured in a motorcycle accident. We understand the California helmet laws to a higher extent and can help you receive the damages you deserve after an accident. Call us today for a consultation to speak to an attorney.
Common Road Hazards for Motorcycles
Motorcycle accidents are happening all the time with a growing frequency, which means that more must be done to save the lives of riders and prevent serious injuries. The problem is – motorcycles are much less stable and visible than cars, making it a bit easier for an accident to occur. In fact, for every mile that was traveled in 2014, the number of deaths occurring on motorcycles was over 27 times the number in cars. However, there are certain laws and regulations in many states that prevent these accidents or make them much less severe. For instance, 19 states and the District of Columbia mandate motorcycle helmet laws for all riders. Helmets have been found to be 37% effective in preventing overall motorcycle deaths. In 2014 alone, a total of 4,295 motorcyclists died in crashes. Back quite a few years ago in the 1980s, the total number of deaths on motorcycles was at its lowest low – however, this began to increase in 1998 and again in 2008. Motorcycle deaths account for 13% of all motor vehicle crashes, which means that we must look very carefully at why these accidents occur and what can be done. Road Hazards Explained Many motorcycle accidents are caused by road hazards. There are many road hazards including rough roads, expansion joints, animals, and more to just name a few. We will be going over some of these hazards with the hopes that, in years to come, provisions will be invited to lessen the number of accidents stemming from these hazards. You can also find out about who may be held liable for your injuries in the event of a road hazard. Rough and bumpy roads can happen when a road is in disrepair. This can cause a motorcycle to lose control and crash. If someone on a motorcycle is engaging in cornering and comes across gravel on pavement, it may cause an accident. This can also happen if a motorcyclist is going too fast. Expansion joints connect two sections of a road together or a road to a bridge. An uneven surface may occur, which can cause a motorcycle rider to crash unexpectedly. If a motorcyclist were to hit a small animal, they could be thrown off balance. Swerving to hit an animal could cause a very serious accident as well. A slick surface made wet with leaves, crosswalk lines, and anti-freeze can cause a motorcyclist to crash. Slick surfaces can be especially dangerous when a biker is turning. If there is debris or objects in the road, such as tire treads or objects from a truck, they could cause an accident. The object could also hit and harm the rider. In the event of an accident, who can be held liable? In some cases, negligence can fall onto public entities like the state, county, city, or other public agency that maintains the roadways. If they knew about a hazard and did nothing about it, negligence may come into play. Prevention may be as simple as posting a warning. However, private individuals or businesses could be held liable as well. It really depends on the circumstances surrounding the case. This is why it is of utmost importance to have an attorney on your side to help you from start to finish. We understand the laws to help guide you through the very specific process of a personal injury. Call The RAWA Law Group today for more information!
When Can I Sue Outside of Workers’ Compensation?
What happens if you were injured by a defective product on-the-job and want to bring a lawsuit against a manufacturer? What if you were injured by a toxic substance, because of employer’s gross negligence, or if your boss doesn’t carry workers’ compensation insurance? These are all questions you may have when you have received a workplace injury or illness. If this is the case, you may not have to rely on workers’ compensation to pay for your medical bills and more. Instead, you may be able to outright sue for damages caused by your injuries. The truth is, workers’ compensation can’t do everything. It won’t pay for things like pain and suffering or provide punitive damages to punish an employer when they haven’t been following safety standards. This is why it may be in your best interest to consider a lawsuit. How to Bring a Lawsuit in Specific Areas So, have you been injured or fallen ill due to one of the previously mentioned reasons and wonder what you can do about it? Now you can find out how to handle a case. Defective Products: What happens if you were injured because a piece of equipment is inherently dangerous and didn’t work properly? Then the manufacturer of the machine or equipment can be held liable, but only through a lawsuit. In this case, you would be compensated for medical bills, lost wages, and maybe even pain and suffering. You may be able to file a claim if your employer forced you to use the equipment even if they knew that it was dangerous. Toxic Substances: You may also work around toxic substances that can cause severe illness and injuries. Some of the most common substances include asbestos, benzene, chromium compounds, silica, and radium. If the substance can harm you, then it may fall under a “toxic tort” lawsuit. Workers have been successful over the years in these cases because they could receive very serious illness such as cancer and lung disease from being around the substances. You should speak to an attorney as soon as possible because, the longer you wait, the more complicated the issues could become. Employer’s Conduct: In some cases, an employer may have even hurt you on purpose. This means that you will be able to sue your employer for damages if you can prove your case. Let’s say that an employer bumps you out of the way on purpose and you fall, injuring yourself on a piece of equipment and receiving permanent injuries. You would be able to sue the employer out of the workers’ compensation system because the conduct was intentional. No Workers’ Compensation Insurance: What happens if your employer doesn’t carry workers’ compensation? You may be able to sue in court for your injuries. You may be able to score more money than the workers’ compensation system would allow; however, you will have to prove that the employer was at fault for your injury, which makes the case a bit more difficult. Third Party: Perhaps the injury was not due to a product or behavior of the employer. In this case, you will be able to sue another person for damages. If a third party intentionally caused you to become harmed, you should speak with an attorney. We are there for you in your time of need. We understand how tedious it can be to file a lawsuit and appear in court for your injuries, so we are here to help you through the complex matters. Call us today at The RAWA Law Group so we can get started on handling your case.
EB-4 Visa Limits Reached for Immigrants
The Department of State follows something known as the Visa Bulletin, which shows when immigrants can file for visas and much more. For August 2016, there has been a final action date of January 1, 2010 added for EB-4 visas for special immigrants in India. What does this mean for these immigrants? Starting August 1, applicants from India who have filed a Form I-360 on or after January 1, 2010, will not be able to obtain immigrant visas until more become available. The fiscal year of 2016 ends September 30 and India has already reached its EB-4 visa limit as mandated. This means that these immigrants must wait until more information becomes available on the Department of State’s October Visa Bulletin in September. As of right now, USCIS will be accepting all properly filed submissions of Form I-485 under the EB-4 classification until July 31, 2016. They will also continue to adjudicate applications while the visas remain. If you happen to file your I-485 under the EB-4 classification on or after August 1 2016, the USCIS will process and make a decision only if you filed your Form I-360 petition before January 1, 2010 and the form is approved. They could reject and return applications for Form I-485 but continue to process Form I-360 petitions. More About EB-4 Category Visas Each year, approximately 10,000 green cards become available for a special category known as EB-4. This category of employment-based green cards is a bit unusual and refers to “special immigrants,” some of which have no real connection to employment of any kind but instead work as ministers or religious workers who have received job offers from religious organizations in the United States. It also contains subcategories like medical graduates, former U.S. government workers, and international broadcasters. Of the 10,000 green cards offered every year, no more than 5,000 are allotted for non-clergy religious workers. Usually the limit will not be reached by the end of the year, which means that applicants may not wait as long of a time as people applying in other categories. As soon as the petition is approved by the U.S. Citizenship and Immigration Services, in many cases, they can go about the rest of their application as necessary until everything is handed in by the deadline. However, to be able to achieve EB-4 Visa classification, you must qualify. Here are some of those requirements for the most important categories: Ministers or Members of Clergy: People authorized by religious denomination are permitted to apply. This includes such people as ministers, priests, rabbis, monks, commissioned officers of the Salvation Army, and deacons. The only real limits that are placed involve who can and cannot call themselves a minister. If the person does not have a qualification or formal recognition, they need not apply. To show proof, typically a license or certificate is needed. Other Religious Workers: This is somebody who works in a religious vocation or occupation. They must be able to perform normal religious duties while not actually serving as clergy. It does not include maintenance workers but instead people who are religious instructors, counselors, cantors, workers in religious health care facilities, and more. It also does not include volunteers. Now that you understand the EB-4 category and the limits reached for immigrants for this year, you can give us a call to help handle your case. Immigration law can be complex and you may need legal guidance on your side. Give us a call at The RAWA Law Group for more information on how to get started today!
Employees’ Rights to Report Workplace Injuries
Recently, the Occupational Safety and Health Administration (OSHA) has made anti-retaliation provisions in an injury and illness tracking rule to conduct outreach and provide educational materials for employers. However, in recent times they have announced that they will be delaying this enforcement to November 1, 2016 from the original August 10, 2016. This is important because these helpful rules will require employers to inform workers of their right to report work-related injuries and illnesses without being retaliated against. They will also be implementing procedures for reporting injuries and illnesses that are reasonable under many circumstances. OSHA has been working with many workplaces since the 70s to ensure that employers provide safe and healthful workplaces for their employees. This is not the first time that OSHA has taken action to ensure that workers are being kept safe. In fact, Section 11 of the OSH Act prohibits discrimination entirely when an employee wants to report an injury or illness. It has been decided that reporting a work-related injury or illness is an employee right and that retaliating against that employee for their injury is full discrimination. This rule has been invited into the system because employees could be put at risk if they do not feel free to report injuries in the workplace. More lives could be at risk and more fatalities could result. If employees do not feel free to report, then they may not receive proper medical attention or workers’ compensation benefits that they are entitled to. Unfortunately, OSHA finds many cases of employers who have discouraged against reporting and could be seen as unlawful discrimination. For instance, they have taken many reports of employers who have taken disciplinary action as a result, falsely accused an employee of causing their own injuries, or established programs of incentives for employees who do not report injuries. What to do if You Suspect Retaliation OSHA has implemented many programs and regulations to tackle retaliation before it even begins, and help employees feel like they can report all injuries within the workplace. So what happens if you feel like you have been retaliated against? The first step you should take is to try and talk to your supervisor or a human resources representative about the reasons behind the suspected retaliation. There may actually be a good explanation behind why this has occurred. Yes, you may have reported an injury and have been switched to another shift, but this does not always cry retaliation – suppose that your employer switched you because there was another opening there for you. If there is no legitimate explanation and you still suspect retaliation, then you can voice your concern that you are being retaliated or discriminated against. Many employers will deny this. This is why you should point out all the reasons why you are being discriminated against and ask that it stop immediately. If they are not willing to admit that they are in the wrong, you can then take your concerns to the Equal Employment Opportunity Commission (EEOC), of course with the help of an experienced attorney. At RAWA Law Group, we care about your case and can help you in the event that you are being discriminated against. Give us a call today.
Extended Protected Status for El Salvador
Recently, the Secretary of Homeland Security (Jeh Johnson) extended Temporary Protected Status for eligible nationals of El Salvador. This is now continued for 18 months, which becomes effective for September 10, 2016, through March 9, 2018. If you are currently an El Salvador beneficiary who wants to extend your TPS, you must re-register for it through a 60-day re-registration period running from July 8, 2016 through September 6, 2016. The U.S. Citizenship and Immigration Services (USCIS) is urging beneficiaries to re-register as soon as this period opens. Because of the 18-month extension, TPS re-registrants will now be able to apply for a new Employment Authorization Document (EAD). If they get one as soon as possible, it will have an expiration date of March 9, 2018. Here is what a re-registrant needs for the process: • Form I-821, or the Application for Temporary Protected • Form I-765, or the Application for Employment Authorization • Form I-765 application fee (only if you want an EAD) • Biometric services fee if you are 14 years or older If you fail to submit the required filing fee or a properly documented fee-waiver request, then the USCIS has the right to reject your application. If you are unable to afford the fees, you can request the USCIS to waive your fees based on your inability to pay. These requests must be accompanied by supported and necessary documents. However, the forms are available for free online. The Employment Authorization Document The Employment Authorization Document is one of the most important documents in this process. TPS re-registrants in this case will have to file for one as soon as they can. The point of the document is because U.S. employers must always check to make sure that all employees, regardless of citizenship or national origin, are permitted to work in the U.S. There are many requirements that you may meet to be eligible for employment authorization, such as having authorization to work no matter your nonimmigrant status or being in a category that requires you to file for permission to work. The USCIS will issue EADs as proof of ability to work in the U.S., to renew an EAD that has expired, or to replace an EAD. Where to Send TPS If you are applying for re-registration and you live in any of these territories, we will show you where to send your package: Alabama, Alaska, American Samoa, Arkansas, Colorado, Guam, Hawaii, Idaho, Iowa, Kansas, Louisiana; Minnesota, Mississippi, Missouri, Montana, Nebraska, New Mexico, New York, North Dakota, Northern Mariana Islands, Oklahoma, Puerto Rico, South Dakota, Tennessee, Texas, Utah, Virgin Islands, Wisconsin, or Wyoming. You will have to send your application to the Citizenship and Immigration Services in Dallas TX. You should have an immigration attorney on your side throughout the process. Call us today for more information on how to handle your case. At The RAWA Law Group, we can help you with your immigration case and help you get the results you were looking for.
Irvine Business Owner Charged with $2 Million in Workers’ Compensation Payroll Fraud
According to Insurance Journal, Investigation Solutions, Inc. reported the fraud in 2011 and helped in the investigation. Ronald Scott Dee, owner of Venetian Stoneworks, and Pamela Palmer Quast, the company’s bookkeeper, were charged with 6 felony counts of misrepresenting facts to their workers’ comp insurer as well as 28 felony counts of failing to file a tax return, 28 felony counts of failure to pay taxes, and 24 felony counts of failure to pay insurance deductions. The fraud came to light when Dee called his insurance company’s claims administrator claiming concern about insurance fraud by an employee who was hurt on the job. “As the claims adjuster spoke with the injured worker, she learned that his finger was amputated by an old table saw used without proper guards, in violation of OSHA standards,” Insurance Journal reported. “The injured claimant mentioned three earlier employee injuries on the same table saw which were never reported. Further, the injured employee mentioned receiving paychecks from two companies owned by Dee, but only worked for one. The second company, The Plumbing Studio in Santa Ana, uses undocumented workers who are all related to each other, he said.” The investigation eventually found the company did not have workers’ compensation insurance for three years and reported it had no employees during that time. Evidence also suggested that Venetian Stoneworks underreported payroll, misclassified its employees, and failed to report injury claims. Workers compensation insurance fraud may be committed by employees as well as employers. Workers’ compensation insurance premium fraud occurs when an employer underreports payroll, misclassifies employees, or when a company closes and attempts to open as a new company on paper for lower premiums. The owner of Venetian Stoneworks has been accused of failing to report their full staff to their insurance provider and misclassifying employees (such as classifying a high-risk construction worker as a worker with clerical duties) to pay lower premiums. According to the National Insurance Crime Bureau (NICB), workers’ compensation fraud costs California between $1 billion and $3 billion per year. Along with increasing costs for employers, fraud means additional scrutiny for employees who file a claim for a work-related injury. Unfortunately, the focus on fraud has also led to a myth that most workers’ compensation claims are false, despite studies showing just 1-2% of employee claims are fraudulent. If you were hurt in a work-related injury and your claim has been denied, it may be that the insurance company suspects fraud due to circumstances out of your control, such as a lack of witnesses to your injury. A workers’ compensation attorney can help you protect your rights and appeal your claim to seek the benefits you deserve for your injury. For the best workers Compensation attorney for Riverside Ca, you need to contact Rawa Law Offices today. Click here for more information.
Understanding How California Workers’ Comp Payments are Calculated
If you have been hurt on the job, you are likely entitled to benefits under California’s workers’ compensation program. There are many forms of benefits available under the program and each is calculated separately depending on the extent of your injury, your average weekly wages, and more. Medical Benefits The workers’ compensation program offers payment to reimburse you for medical treatment you receive. The amount of this payment must be enough to cover all medical treatments to relieve or cure the effects of the injury with no out-of-pocket costs to you. Until the insurance company denies or accepts your workers’ compensation claim, it must pay up to $10,000 of your medical expenses, even if your claim is eventually rejected. Temporary Disability (Lost Wages) You may also be entitled to payment to cover temporary disability that prevents you from working. This type of benefit is designed to replace some of the wages you lose when you cannot work while disabled as your employer cannot make you take sick or vacation leave instead of collecting temporary disability benefits. To be eligible for this benefit, you must miss at least 3 days of work. Under California law, you can be reimbursed for 2/3 of your average weekly wages during the time you were temporarily disabled. This figure considers your average weekly wage plus overtime and any income you receive from another job. There is a cap of $1,128.43 per week for this type of benefit. Permanent Disability Benefits Another type of benefit is for injured workers who suffer a permanent disability that prevents them from returning to their job. This benefit is much lower than the temporary disability benefit with a maximum amount that depends on the percentage of permanent disability rating your doctor has given you. The maximum permanent disability benefit is currently $290 per week, which may be received for 3 to 99 weeks. Job Displacement Benefit If your employer cannot offer modified job duties to accommodate your disability and you do not return to work for the same employer within 60 days of ending temporary disability, you are eligible for a job displacement benefit for vocational training. This $6,000 benefit is a voucher for educational training that may be used for tuition and other school costs. Death Benefit for Survivors Surviving dependents of someone who was killed as the result of a work-related injury are eligible for a death benefit, which is paid as a lump sum of $250,000 to $320,000. Spouses, parents, and minor children may be eligible for this benefit. In the case of minor children, a weekly death benefit is provided until the minor(s) turns 18. This weekly benefit is the same as the temporary disability payment with a cap of $1,128.43. Many legitimate workers’ compensation claims are denied every year. One of the most common reasons for a rejection is the claim was not filed on time. Unfortunately, employers and insurance companies often look for any reason to deny a claim to decrease costs. If you have been injured on the job, an attorney can help you file your claim for benefits or appeal your claim if you have already been denied. Do not give up your right to benefits just because you have been denied. Contact Rawa Law Group today to schedule a free consultation with an experienced workers’ compensation attorney in California to protect your rights and seek the benefits you deserve while you recover.
Understanding Wrongful Death Lawsuits in California
In Chino Hills, Ca, a wrongful death claim is allowed when one party’s intentional, negligent, or reckless behavior leads to the death of someone else. In other words, a wrongful death claim is a personal injury claim in which the injured party cannot bring his or own claim any longer. Nevada has very specific wrongful death laws that define who may file a wrongful death claim and the time limit under which the claim must be filed. Here’s what you should know about filing a wrongful death claim with the help of a personal injury attorney in California. Who Can Make a Wrongful Death Claim? In California, only specific people may bring a wrongful death claim: Surviving spouse, children, or domestic partner Parent of the deceased when there is no surviving spouse or child Personal representative of the estate Other people may file a civil wrongful death claim in California if they can prove they were dependent on the deceased when he or she died. As an example, a stepchild who relied on the deceased for support may be able to file a wrongful death lawsuit. Types of Wrongful Death Damages California law allows for two types of wrongful death damages: penalties and special damages. Special damages are the damages that were suffered by the deceased, surviving family, or the estate. Examples of common special damages awarded in California wrongful death claims include funeral expenses, medical expenses from the final injury or illness, property damage, lost wages and benefits along with wages the deceased would reasonably have earned if he or she had lived, loss of companionship, and loss of benefits to heirs. Some wrongful death cases also result in punitive damages, which are not designed to compensate for an actual loss. Instead, punitive damages are designed to penalize especially negligent or reckless behavior that resulted in someone’s death. Punitive damages are used by the court to send a message about the behavior involved. Only a small percentage of cases result in punitive damages. Filing a Wrongful Death Lawsuit If someone you love has been killed due to the reckless or negligent actions of another, you may be entitled to file a wrongful death lawsuit. In California, there is a strict statute of limitations on such claims. You must file your claim in court within 2 years from the date of the deceased person’s death. A personal injury attorney can help you file a lawsuit to recover compensation for your loss. Contact Rawa Law Firm today for a free consultation with a wrongful death lawyer in California who will review your case and help you protect your rights and understand your legal options.