Personal Injury Law Blogs

Motorcycle Accidents: What Causes Them and Who is Responsible

Motorcycle Accidents: What Causes Them and Who is Responsible

There aren’t many bikers out there who wouldn’t say that riding motorcycles isn’t just a mode of transportation; it’s a way of life. Unfortunately, this love for the free feeling that’s felt when traveling down the open roads on a motorcycle puts bikers at increased risk for being seriously injured in accidents. This is why it’s essential for motorcycle riders to recognize what increased risks they face; and if they are involved in an accident, they should understand who is responsible.

Causes of Motorcycle Accidents

While there are numerous reasons that any automobile may be involved in an accident, there are a few causes that happen more often than not when motorcycles are involved. It’s important for all drivers to understand these causes if they hope to avoid being involved in a motorcycle accident.

Lane Splitting: Lane splitting is the act of a rider traveling between two lanes of stopped or slowed traffic. The motorcycle’s smaller size allows them to travel faster in a smaller space than the vehicles around them, but this can lead to serious accidents. Other drivers don’t expect vehicles to pass them while stopped in traffic, but the person at fault will often vary depending on state law. If you are involved in an accident due to lane splitting, a personal injury lawyer can help to determine who is responsible.

Left-Hand Turns: Many accidents involving two cars happen when one car is turning left, but this is exponentially more disastrous for motorcycle riders. In fact, at least 42 percent of all motorcycle accidents that involve a traditional automobile are caused when a vehicle turns left and hits the biker. As mentioned, this type of accident can occur among two cars as well, but due to motorcycles being less visible, these accidents are quite common.

Road Hazards: All vehicles face road hazards, but a pothole that might not even faze an SUV could easily result in a horrific crash when a motorcycle is involved. Motorcycles are inherently less stable than other vehicles, so slick pavements, uneven highways, dead animals or just about any other irregularity in the road can lead to an accident for bikers.

Legal Liability in Motorcycle Accidents

Before understanding liability in a motorcycles accident, it’s first important to understand that bikers are often under a different set of laws than other drivers. Lane splitting, for instance, is actually permissible in some states. Deciding liability in these situations will depend largely on whether or not the act is permitted where the accident occurred.

Additionally, many states allow bikers to ride abreast of each other in the same lane. As anyone can imagine, this or lane splitting wouldn’t be allowed for traditional vehicles in any locale. The most important thing that a biker can do to figure out liability is to understand their local laws and hire an attorney if they’re involved in an accident.

Legal professionals who deal with motorcycle accidents will be knowledgeable in a state’s motorcycle laws, and this makes them better equipped to prove liability in a case. Since liability can vary between different states, having a motorcycle accident attorney is always advisable after a car collides with a motorcycle.

Motorcycle accidents can be especially detrimental due to the lack of protection that the vehicle provides. In addition, other drivers may not be able to see motorcycles as well as they would traditional automobiles. Luckily, simply recognizing the increased dangers and most common causes of accidents may help bikers and other drivers remain more vigilant while out on the road. When an accident does occur, however, motorcycle riders should speak with an attorney if they hope to recover both physically and financially.


The freedom that is felt when riding on a motorcycle is one that writer Melanie Fleury enjoys. She has learned, however, that although motorcycle rides are fun, the stakes are much higher when in an accident. The Law Offices of Joseph Pius, a personal injury lawyer, want motorcyclists to know that injuries are more likely because of the lack of protection, and that an experienced lawyer can help to get fair compensation for those involved in an accident.

Employee Injury: Here’s How to Protect Your Assets

As a small business owner, you probably have invested most or all of your assets into your business. These financial resources also may be your cushion that could prevent you from losing everything if your business were to collapse. When you hire employees, you not only must look to your own well-being; you must also ensure that your workers remain safe and protected. When one of your workers gets hurt while carrying out duties for your company, it is entirely possible that that individual could sue you for damages.

A lawsuit has the potential to drain your assets and cause your company to fail. Even if you believe that this event could never happen to you or your business, you would do well to prepare for it. Rather than lose your assets, you should understand how to protect your financial resources and how you could be affected if you were to lose them.

Lawsuits Hold You Liable

Even if you were not at work that day when the worker’s accident happened, you could still be held liable for his or her injury. On the webpage www.personalinjurylawyersny.net it is stated that “People suffer accidental injuries every day, ranging from minor to very serious. When these injuries occur because of the actions of another person or entity, the injured victims are entitled to seek damages from the party that was at fault in the incident.”

The court would consider whether or not you provided adequate training on how to prevent accidents at work to your employees. It may also consider whether or not you provided sufficient protection for your workers and whether or not your worker acted with negligence. If the court finds you liable for the person’s injury, you may have to pay out large sums of money and sell your liquid assets to satisfy the judgment. With your assets gone, your company may not be able to survive.

Retain an Attorney

You can also ensure your success by retaining a business attorney. Attorneys can head off injury lawsuits and protect you from incriminating yourself in any legal action. A business attorney can be a valuable asset that can make sure that you survive a lawsuit and that your assets are protected.

Many business owners make the mistake of not protecting their assets from injury lawsuit judgments. You could lose your assets and your company if a court decides against you. Taking precautions like buying insurance may be your best course of action as you plan for such circumstances.

And if you are an employee or individual and you’ve been injured, consider contacting an injury attorney like those at Philadelphia Injury Lawyers, P.C. for a free consultation!

Entrepreneur Nickey Williams contributes this article in an effort to promote small business welfare and knows that seeking the best legal counsel “business wise” is not an easy feat. The lawyers found at  www.personalinjurylawyersny.net are in place to provide those in need of legal aid access to New York area legal professionals. This listing is a comprehensive referral resource for all that have personal injury legal concerns.

Motorcycle Accidents & Personal Injury: Know Your Rights

Riding on a motorcycle carries a host of inherent dangers. As it’s the one vehicle where you’re exposed to a host of elements such as inclement weather conditions, uncontrollable obstacles in the roadway and inconsiderate drivers; your risks for an accident can be heightened. Knowing your rights and taking the proper precautions is a necessity when navigating the roads on a motorcycle.

National Highway Traffic Safety Administration
A recent survey dispelled what was behind the actual causes of motorcycle accidents today. While most consider high rates of speed to be the primary culprit in these cases, many of the accidents were not caused at the hands of the driver’s negligence. Motorcycle accident attorneys specifically handle cases pertaining to motorized bikes and have the expertise and knowledge to ascertain your rights based on the laws and regulations of the state where you would reside.

Motorcycle Accident Liability
If you or someone you love has been involved in a motorcycle accident, you may be able to recover monetary compensation for your pain and suffering with the help of a motorcycle attorney. In order to do this, you need to determine who was at fault for the collision. Even if you were partly to blame, you may live in a state where modified comparative fault exists. This allows an injured party to recover damages for an accident that was 50 percent or less their fault. Checking with an insurance company like Monkey Insurance and a good personal injury attorney is a great idea to ensure you get your maximum entitlement.

Most Common Causes of Accidents
Intersections are the areas where a motorcycle accident is most likely to take place. This is due in part to a truck or other vehicle blocking the view of the motorcycle from the other motorists. Another area of blame that contributes to motorcycle accidents includes obstructed views. The reflection of the sun bouncing off another vehicle or poor visibility from other cars and trucks can all contribute to the problem, and the motorcycle is less likely to see the hindrances on the roadways. Over 60 percent of all motorcycle accidents occur due to fuel spillage. With the dangerous road conditions sealing the fate for the motorcyclist, the driver is sure to experience of host of problems due to the gas spill and remaining debris.

Basic Laws and Safety
A wise motorcycle driver will abide by the laws and regulations in the state where they reside. Some forms of compliance can include the requirement of helmets to both the driver and passenger and vehicles manufactured after a specific date must have working headlights during the day and night. Safety precautions should also include keeping a safe amount of distance between the motorcycle and other vehicles, using extreme caution navigating through intersections and proper lane usage. Unfortunately, no matter how safe you drive and follow the laws and regulations, the driver of another car or truck may be negligent and can be the cause of a serious or fatal crash. If that happens, the injured party should know their rights and contact a personal injury attorney who specializes in motorcycle accidents.

It’s up to each individual party to take responsibility for staying safe on the open roadways. However, if you use extreme caution and follow the mandated laws, the other driver can be at fault for your accident. That’s why it’s extremely important to know your rights when operating a motorcycle.

Kari Lloyd is not only a regular blogger and contributor to a huge variety of both online and offline publications, she’s also a motorcycle enthusiast. Monkey Insurance provides a range of insurance options for motorcycle and scooter drivers to ensure you get the maximum coverage you’ll need to stay safe. A recent transplant from the United Kingdom, Kari is still learning to drive on the correct side of the road.

Personal Injury Isn’t Perfect

Personal injury is an area of the law that serves the victims of accidents that occurred as a result of someone else’s negligence. There are many procedures involved in reaching a settlement, which is the end of every personal injury lawsuit and the reason why it is filed in the first place.

Why?

Well, a settlement can help a plaintiff recover medical bills, lost wages, and other costs associated with their accident.

Nevertheless, the procedures involved in reaching a settlement are all a great chance to get the plaintiff the amount in damages they need, but generally getting the needed amount will only happen if a plaintiff gets the lawyer they need, one who is competent, capable, and compassionate.

However, just like personal injury law isn’t perfect, personal injury lawyers aren’t perfect, either. Let’s take a look at what plaintiffs need to know about personal injury law and personal injury lawyers before, during, and after their personal injury lawsuit in order to be aware of the imperfections and problems that might and can arise.

Personal Injury Law Isn’t Perfect

There is no absolute way to win a case. In fact, there are many defenses available to defendants. These defenses are generally related to the plaintiff’s part in being a reason why the accident happened.

However, things like age, youth, are illness are generally not factors considered in this analysis. Defendants have to take their plaintiffs as they find them, which is known as the eggshell doctrine.

But, let’s take a look at the defenses closer:

  • Comparative Negligence — You only get damages based on the percentage of the defendant’s fault in causing the accident.

  • Contributory Negligence — If you are found to have caused the accident at all, then you are barred from recovering damages.

  • Assumption of Risk — Doing something you knew was dangerous, such as contact and extreme sports.

As seen, some of these defenses can poke big holes into your personal injury lawsuit, even taking the air out of it altogether.

Personal Injury Lawyers Aren’t Perfect, Either

Well, these are the defenses to your personal injury lawsuit, and they are defenses your personal injury lawyer should consider when determining the strengths and weaknesses of your case, but they might not always think about them.

Why?

Well, your personal injury lawyers wants to get you the settlement you need, which can lead to overconfidence and oversight, especially if they are inexperienced. So, be sure to research your personal injury lawyers before you pick the one who will be right for you.

Jennifer Machie writes for The Kyle Law Firm.

Chemical Injury Compensation Claims

You might think that chemical injury claims for compensation are generally made by workers in heavy industry and manufacturing who have been injured by dramatic accidents involving the spilling of corrosive or otherwise hazardous substances or the release of harmful fumes or by working with materials such as mercury, zinc or lead which are known to damage the internal organs. In fact claims extend to injuries which are sometime not immediately apparent to the sufferer, caused by constant exposure to chemicals in our everyday environment, such as the products we use and the buildings we work in, all of which we might presume to be non hazardous to our health. In 2007-08 the Health and Safety Executive produced statistics revealing that there were nearly three thousands chemical injuries in the service sector alone.

A chemical injury claim can generally be made if symptoms become apparent within three years of the claimant having worked with hazardous chemicals. It should be noted that although physiologically some people are more susceptible to the harmful effects of chemicals than others, everybody whose employment requires them to handle or process chemicals is entitled to be protected in their workplace from such harmful effects.

The effects of some chemical injuries will be immediately physically apparent as with the burns to body tissue associated with corrosive chemicals. Some injuries however will involve exposure to chemicals that are gradually absorbed by the body, and which over time might eventually spread to one or several internal organs. In such cases even the immediate removal of the injured worker from the presence of the chemical will not prevent the later development of serious injury. Symptoms of such chemical injuries by absorption can include stomach complaints, respiratory, cardiac problems and damage to the immune, endocrine and reproductive systems. If the chemical is fat soluble it will be capable of entering the brain and impairing neurological functions.

Employers have a duty of care to risk assess procedures, be aware of and act on the safety information and guidance supplied by the suppliers of chemicals (in line with the Control of Substances Hazardous to Health (COSSH) regulations), follow industry best practice and remove or alleviate as far as possible the risks presented by a particular process or chemical. This they can do by ensuring that their employees who work with chemicals are correctly trained, have all the safety equipment they require and that they work in a suitable environment for the work being undertaken.

If an employee has suffered a chemical injury through no fault of their own and due to the employer being negligent in any aspect of his duty of care, which if he had correctly discharged it would have prevented the accident that caused the injury from occurring, it might be possible to make a chemical injury compensation claim. Make sure that you appoint experienced and accredited personal injury solicitors to help you with your compensation claim. They will be able to advise you on the whether you have grounds for a claim as although some injuries, such as burns and serious internal damage can be immediately apparent and their severity reasonably clearly ascribable to the toxicity of the chemical or length of time the worker was exposed to it, some chemical injuries are the result of long periods of low level exposure. The results of such exposures are injuries whose symptoms might have a very gradual onset and be diagnostically problematic. Such a situation can add a considerable extra degree of complexity to a claim, making the involvement of an experienced compensation claim solicitor all but essential.

Tim Bishop is senior partner of Bonallack and Bishop, specialist NHS negligence and accident compensation claim solicitors. For more advice on claiming compensation, click here or visit their specialist site at http://www.how-to-claim-compensation.co.uk or call them directly on 01722 422300.

 

Hard Hats On! Critical Information for Keeping Safe on the Construction Site

Hard Hats On! Critical Information for Keeping Safe on the Construction Site

Construction site safety should be a priority for everyone. The company, the employees, even the delivery people should always have safety on their mind. The simple nature of a construction site makes it a dangerous place to be.

There are many laws and regulations in place that protect the workers and any personnel from injury on a construction site. According to www.construction-accident-attorney.net, the construction industry is responsible for more workplace injuries than any other occupation. These rules also help protect the company from liability if they are followed.

Most of the personal injuries that occur on a construction site are due to lack of following safety regulations. A quick look at some of the most common injury protections, and their associated regulations, should help everyone stay safe on a construction site.

• Fencing. Construction areas are required to be fenced off from the public. Erecting a fence helps prevent pedestrians, especially curious children, from wandering into dangerous areas. This fencing will also help prevent any type of theft at night. Failure to erect a fence can lead to heavy fines from the local municipalities and places the construction company at risk.

• Hard Hats. The Department of Occupational Safety and Health Administration (OSHA) requires that all workers in a construction setting use had hats to prevent head injuries. Since most construction consists of people working at many different heights all at one time, the head gear protects them from falling objects.

• Safety Glasses. Protective eyewear is another OSHA regulation that is meant to prevent injuries. Safety glasses block all types of airborne objects, including heavy construction dust, from injuring the eyes.

• Safe Equipment. Common equipment used in construction, such as scaffolding, cranes, and other large equipment is supposed to be maintenance and checked on a regular basis. These regulations are suggestions from OSHA. However, many local ordinances require that these items have inspection records that can be viewed at all times to ensure that the machinery is safe.

• Steel Toed Boots. All construction and manufacturing facilities are required to enforce a steel-toed boot policy. These boots, constructed to be slip-resistant, electrical shock resistant, and steel-toed are meant to provide employees with extra protection.

• Guarded Chemicals. Construction sites often have dangerous chemicals on them to use in the building process. This can include everything from diesel fuel for the equipment to industrial strength cleaners. These items must be kept in a specific place on the site and under supervision. OSHA requires that these items are kept in a container of some sort that can be locked. Local regulations may also have specific guidelines for dangerous chemicals.

Of course, there are always new regulations that come into the picture as time progresses and technologies change. It is very important for construction companies to continue to review their safety polices and verify that their current policies are in compliance with all regulations. Additionally, requiring employees to attend regular safety meetings is also very helpful in keeping a construction area safe for all those who work there.


Melanie Fleury had a brother that passed away in a work related incident and knows the emotional and financial trauma that this can cause. According to www.construction-accident-attorney.net, if a personal injury on a construction site has the potential to affect a person’s ability to work, or if a death of a loved one causes undue financial stress, then a lawyer should be sought to fight for compensation.

Kirklees Council facing large legal bill after personal injury claim

The Huddersfield Daily Examiner has reported that Kirklees Council will apparently have to pay a large amount in legal costs after one of its workers brought – and succeeded with – a personal injury claim against it.

Mrs Kaye, an employee at Kirklees Council, brought a claim for personal injury against her employer after she was injured at work in 2005.

Mrs Kaye, a gardener at the Council, was helping to load a bin into a lorry when the accident at work happened in 2005. She had been claiming over £300,000 in her personal injury claim but was awarded little more than £2,000 at the Dewsbury Crown Court in June. The insurers – who are liable for the costs of the Claimant, which are reported to run into tens of thousands of pounds – subsequently appealed the order that they pay the Claimant’s costs on the basis that Mrs Kaye had not received anything like the figure that she was claiming at court (mainly due to conflicting medical evidence). The case came to the Court of Appeal and the Court of Appeal rejected the insurers’ argument that they should not be responsible for the Claimant’s costs.

Lord Justice Jackson stated in the judgment that he believed that the substantial legal bill that the Council  was faced with could have been avoided if the Council had made a Part 36 offer prior to settle the case prior to it coming to court. He further stated: “I dread to think what costs were run up as this case proceeded towards trial. I much regret to see that no attempt was made by the appellant’s liability insurers to settle this action by making a modest offer.”

Marc Hadrill, a personal injury solicitor at Redmans, commented: “This case demonstrates the importance of both sides making active efforts to settle cases before they come to court – there are substantial cost and liability consequences to do so for both Claimants and Defendants in the majority of cases.”

Redmans Solicitors are unfair dismissal solicitors and no win no fee employment solicitors

A round-up of personal injury cases in the news this week – 19.08.2013 to 25.08.2013

In the first of our series on personal injury stories that have hit the news this week, we take a look at a number of health and safety cases that have hit the headlines since 19 August 2013. This includes a number of Health and Safety Executive prosecutions

Pirelli in court over injuries at Carlisle tyre factory

Tyre manufacturer Pirelli has appeared in court after an employee sustained major injuries to his left arm when it became trapped in a tyre-testing machine.

The 57-year-old from Carlisle, who has asked not to be named, broke his arm in three places, was off work for four months and still has difficulty moving his shoulder following the incident on 3 January 2012.

Worker could claim personal injury after faulty rope led to amputation for outdoors instructor

A Southampton firm was today prosecuted after an outdoors activity instructor was left permanently disabled when he used a defective rope for a simulated parachute landing.

Joshua Senior, 25, plunged some nine metres to the ground at the Rock (UK) adventure centre in Carroty Wood, near Tonbridge, Kent, on 25 August 2010. Instead of allowing Mr Senior to descend in a measured way, the rope supplied by Pfeifer Rope & Tackle Ltd simply unravelled as he stepped off a platform for a practice descent.

Vauxhall owner sentenced over Ellesmere Port death

The owner of Vauxhall has been fined £150,000 over the death of a long-serving worker who was crushed in machinery at its car factory in Ellesmere Port.

General Motors UK Ltd was prosecuted by the Health and Safety Executive (HSE) after Ian Heard was found at the North Road plant on 22 July 2010. The 59-year-old from Birkenhead, who joined Vauxhall as an apprentice at the age of 16, was taken to the Countess of Chester Hospital where he died 11 days later.

Wallasey care home fined £40k over pneumonia risk

A private care home in Wallasey has been order to pay £40,000 in fines and costs after it failed to manage the risk of elderly residents catching a potentially fatal form of pneumonia.

Mother Redcaps Care Home Ltd was prosecuted by the Health and Safety Executive (HSE) after it failed to comply with an Improvement Notice to assess the risk from the legionella bacteria.

Fairground operator in court for ride collapse

A fairground operator has been fined for safety failings after 22 people, many of them children, were trapped when a poorly maintained ride collapsed.

All the passengers on the Surf Rider at Skegness Pleasure Beach had to be rescued by the fire service in the incident on 30 August 2011. Seven passengers were taken to hospital, with three of those being kept in overnight but allowed home the next day.

Redmans Solicitors are employment law solicitors who provide employment law advice to employees and employers

Famous tyre manufacturer fined over workplace injuries

The famous tyre manufacturer “Pirelli” has been fined by the Carlisle Magistrates’ Court after one of its workers suffered a serious injury at work because of health and safety lapses in one of its factory.

The accident occurred on 3 January 2012 when an un-named 57-year-old worker was working in Pirelli’s factory. He was working on a tyre-testing machine at the time and was attempting to fix a fault on the machine when the accident happened. He switched the machine onto manual mode and believed that he had fixed the problem. However, after two machines were manufactured the machine experienced another fault. Without thinking, the worker reached back into the machine to fix the problem and his arm became trapped. This resulted in the worker breaking his arm in three places and having to take four months off work to recuperate.

A subsequent Health and Safety Executive investigation into the accident found that there may have been a breach of health and safety regulations. It therefore recommended that Pirelli Tyres Ltd be charged with a breach of s.2(1) of the Health and Safety at Work etc Act 1974 – that the company had failed in its duty to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all its employees.

The matter came before the Carlisle Magistrates’ Court earlier this month. The court heard evidence and submissions from both tyres and Pirelli Tyres Ltd pleaded guilty to a breach of the Health and Safety at Work etc Act 1974 and was fined £20,000 by the Magistrates’ Court. The court also ordered that the firm pay £4,330 towards the costs of the prosecution.

It does not appear that Pirelli’s criminal defence solicitors commented after the hearing. It is also not known whether the un-named man has made a personal injury claim against Pirelli.

HSE Inspector Michael Griffiths said after the hearing: “The fault with the machine had occurred before, following previous Christmas breaks, but the company didn’t have a specific risk assessment in place to make sure it could be fixed safely. Although Pirelli did have written Safe Working Procedures, they were not effective because the employees were either unaware of them or weren’t following them, and no effort was made to check that the procedures were being followed.”

Redmans are unfair dismissal solicitors and no win no fee employment solicitors based in London

Southampton company heavily fined after Health and Safety Prosecution over serious injury

A Southampton-based company has been heavily fined by the Southampton Magistrates’ Court after a worker was seriously injured in the course of their employment.

Mr Joshua Senior, 25, was working for his employer, Pfiefer Rope & Tackle Ltd, at the Rock (UK) adventure centre in Kent on 25 August 2010 when the accident occurred. Mr Senior was preparing to undertake a practice parachute landing course and had ascended to the top of the tower in order to do so. However, the rope that Mr Senior had been supplied with was defective and as he made his descent it unravelled, causing him to drop almost thirty feet (nine metres) to the ground below. This resulted in his sustaining serious injuries to his back, including a broken back, and being paralysed from the waist down for almost six months. He slowly regained the use of his limbs in hospital over the six-month period and after a period of time had to have his right ankle amputated as the injury was so bad.

The Health and Safety Executive was notified of the accident and investigated the circumstances of the fall. This investigation resulted in a recommendation that the company be prosecuted for a potential breach of health and safety laws, namely s.3(1) of the Health and Safety at Work etc Act 1974 – that the company had failed to take reasonably practicable steps to ensure the health, safety and welfare of its employees at work.

The case came before the Southampton Magistrates’ Court earlier this month and the company pleaded guilty to a breach of the above Act. The court therefore fined the company £20,000 and ordered it to pay the prosecution’s costs, which amounted to £6,348.

It is not currently known whether Mr Senior has claimed or will claim personal injury against the company. It is also not known whether the injured employee was able to return to work with the company or at all and, if so, in what capacity.

Marc Hadrill, a personal injury solicitor at law firm Redmans, commented: “Businesses in the United Kingdom have an obligation to comply with UK health and safety legislation, including a duty to ensure that all reasonably practicable measures are taken to minimize the risk to employees and third parties’ health, safety and welfare in the workplace.”

HSE Specialist Inspector Steve Simmons-Jacobs said after the judgment: “Rope and sling manufacturers have a duty to their customers and others to ensure that the product is suitable for the designed loads and that their quality control systems are robust and effective at all times. Companies must realise that their systems may be critical to the health and safety of the people who use their products.”

Direct 2 Lawyers can put you in touch with employment solicitors who offer employment law advice to employees and employers