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Motorcycle Accident

In 2015, approximately 8.6 million motorcycles were registered in the U.S. That same year, motorcycle riders suffered 88,000 reported injuries, and 5,029 fatalities were reported. When you’re on a motorcycle, there is very little protecting you from serious injury during a crash. Cars have a harder time seeing you. If there’s a crash, the clothing and helmet you wear are the only protection you have between the ground and other solid surfaces. Here are five shocking statistics about motorcycles and motorcycle accidents.

#5 – 35% of Riders Don’t Use a Helmet

Since 2000, protective helmet use has declined. In that year 7 out of 10 riders wore a motorcycle helmet. In 2016 and 2017, 65% of motorcycle drivers have worn a helmet. The year with the lowest usage was 2005 when only 48% wore one. This is shocking as the NHTSA and General Accounting Office report that riders wearing a helmet decrease the chances of dying in a crash by more than 70 percent.

Helmet usage is essential to your safety when riding a motorcycle. That helmet has to meet safety criteria and needs to be certified for safety. Many riders purchase novelty helmets thinking it will protect them from traumatic brain injury in a crash. That’s not the case.

If possible, look for helmets that have been certified by the Snell Memorial Foundation. While it’s not required of a helmet company, Snell Memorial Foundation tests look at:

  • How well a helmet performs when it hits different types of surfaces at varying speeds.
  • How much force is needed to damage the helmet’s outer shell?
  • If the helmet stays in place when it hits the ground or another surface.
  • If the helmet’s jaw piece stays in place when it’s impacted.
  • If the visor/face shield remains intact when an air pellet is fired at the visor from different distances.

Department of Transportation (D.O.T.) helmets must pass similar tests in order to gain the FMVSS218 certification. The difference is the levels at which pass/fail criteria are met. Snell requires helmets to withstand more force than the D.O.T. does. If your helmet doesn’t have certification from either of these agencies, your helmet is not safe enough.

After dropping your helmet or being in a crash, you need a new helmet. It’s recommended that you replace your motorcycle helmet at least every five years. This is to avoid normal wear and tear that can reduce a helmet’s ability to protect you. It’s also ideal as helmets continue to improve thanks to new safety features and technological advancements.

#4 – The Majority of Accidents Happen Between 3 and 9 p.m.

Just under 22% of fatal motorcycle accidents take place between 6 and 9 p.m. It’s dusk or dark at those hours, which can make motorcycles harder to see. Alcohol usage is also a reason for more crashes and fatalities at night.

For non-fatal motorcycle accidents, the hours of 3 to 6 p.m. are the riskiest with 23.1% of all accidents taking place. Busier roadways during rush hour and glare from the setting sun can impact driving in the late afternoon.

#3 – Most Crashes Occur in Intersections or on Curves

The Motorcycle Safety Foundation asked 100 motorcycle riders to record their mileage driven and accidents that occurred over a period of 2 months to 2 years. Of those 100 riders, 30 of the motorcycle accidents occurred on a curve. In multi-vehicle crashes, 37 of them involved being rear-ended.

Intersections and curves are the most common site for a motorcycle accident. A car coming around a curve that’s over the line is one issue. Motorcycles are better off avoiding being near the center of the lane when approaching and going around a curve.

Intersections are also problematic. Drivers may not notice you and start to make a turn in front of you. Make sure you’re visible to the car ahead of you by being in a visible location and not in a blind spot. Bright colors and reflective clothing will improve your visibility.

#2 – Older Riders Are More Likely to Be in a Fatal Motorcycle Accident

You might think of motorcycle accidents as being most common in younger riders. That’s not the case. Of the 4,976 fatalities in 2016, 36% of them were 50 or older. Riders 29 or younger were the second highest group and accounted for 29% of fatal accidents.

One belief is that older riders are more likely to have other health issues that increase the risk of complications following a motorcycle crash. Older riders are more likely to have high blood pressure, thinner bones related to aging, and less muscle mass.

#1 – Lower Extremities Are the Most Common Body Injury After a Motorcycle Crash

Whether a crash involving a motorcycle involves another vehicle or not, injuries to the lower extremities (legs, knees, feet, and ankles) are the most common area of injury. The upper extremities and neck take second and third place.

We hope you’re never in a motorcycle crash, but if you are, hire an experienced personal injury attorney. If the accident was the result of another driver’s error or poor road conditions that should have been repaired, KJT Law Group can help you get compensation for your motorcycle repairs or replacement and medical bills. Contact us for a free case evaluation today!

Pedestrian Accident

Did you know that most pedestrian accidents occur between the hours of 6 and 9 p.m.? About 3 out of 4 accidents where a car hits a pedestrian take place in the dark. This is why it’s so important to wear bright, reflective clothing. If possible, wear flashing lights that can be seen from different angles.

Children only account for 21 percent of fatalities and 9 percent of pedestrian injuries. People in the age range of 20 to 24 have the highest rate of pedestrian injuries. Fatalities happen the most in pedestrians between the ages of 50 to 54.

These are all statistics, but it’s become personal. You or someone you care about has been hit by a car while crossing the street. You need advice on what to do next.

Continue reading “Hit By A Car Crossing The Street? Here’s What To Do Next”

Department Store Injuries

Accidents can happen at any time and in any place. If you’re injured in a retailer, be it a small general store or a large box store, you may be entitled to reimbursement to cover any medical expenses. It all comes down to what happened.

Retailers have an obligation to keep the public areas safe to shoppers and others within their building or storefront. When that retailer fails to meet that obligation, they can be held liable for accidents like a slip and fall or unbalanced displays topple onto a shopper.

Here are a few interesting facts from the National Fall Safety Institute about slips and falls:

  • About 6 out of 10 personal injury cases involving a slip in fall occurred on a single level. While some falls occur when someone falls on stairs or falls from another floor, more than half happen on the same floor someone is standing or walking on.
  • Over 2 million falls are linked to issues with flooring like wet floors, loose carpeting, or uneven surfaces.
  • Around 1 million emergency room visits are the result of someone falling and needing medical attention.
  • After a fall, most people end up missing about a month of work.
  • Slip and fall cases aren’t just about shoppers. About 85 percent of all worker’s comp cases involved an employee slipping on wet flooring.

Continue reading “Department Store Injuries & What To Do Following One”

Disability-accommodation

“The Americans with Disabilities Act (ADA) is federal law that protects disabled employees from being discriminated against in the workplace. Consistent with the ADA, employees with disabil0126ities are permitted under California disability discrimination law to request reasonable accommodations from their employers in order to help them perform their job duties.”

In California, employers are legally bound to provide a disabled employee reasonable accommodations. One stipulation- the cost of this accommodation can not be deemed an undue hardship to the employer.

3 Common Requests workers with disabilities can legally make   Continue reading “Employees with Disabilities- 3 Common Accepted Employer Accommodations”

Odometer

As part of a California Workers Compensation, your travel mileage for medical appointments, prescriptions, and depositions qualify for reimbursement.

But do not forget- to be paid, you must keep detailed records of how many miles you traveled on these trips. Attaching a Google map or MapQuest printout of your mileage, is always a good idea.

In addition to mileage, you also can receive reasonable expenses of transportation, meals and lodging when traveling to medical appointments under LC 4600(e)(1) and (e)(2).

 Your Doctor’s Visits

If you travel to a doctor’s office that is located a significant distance from your home, you also can receive reimbursement for meals.  These meals must be reasonable. If a doctor indicates you cannot travel the required distance to your appointment and need a driver, you may get meals reimbursed for your driver.  You will need to have a clearly written document from the doctor indicating a driver is needed and the reason a driver is needed. Otherwise, only your meals will be reimbursed.

In some instances overnight lodging may be merited. This usually occurs if the doctor’s office is some distance from your home and the appointment is scheduled early in the morning or late in the afternoon.  

The Workers Comp experts at KJT LAW GROUP understand the intricacies of medical travel and can assist you in qualifying for reimbursement. We understand what the law is as well as what you will need to prove it. .

CONTACT A WORKERS COMP ATTORNEY, CONTACT KJT LAW GROUP

Let the professionals at KJT LAW GROUP help. If you have any questions regarding Workers Comp in California, we specialize in protecting workers when ill or injured on the job. Because we understand the complexities associated with Workers Comp, we can improve the chances of you receiving your rightful compensation. Call us at (818) 507-8525 or email us at info@KJTLawGroup.com for a free consultation. We will go over all the facts of your case and recommend the best ways to move forward.

Misclassification

Many noteworthy class action lawsuits have come down to an employer misclassification of nonexempt employees. Let’s look at the facts.

In the US, generally there are two types of employees- ‘exempt employees’ and ‘non-exempt employees.’ The difference? The most significant differentiation is with the issue of overtime work. The Fair Labor Standards Act (FLSA) is the federal law that regulates these distinctions. The FLSA states that employers are obligated to pay at least minimum wage for up to 40 hours per week as well as overtime pay. It also specifies that exempt employees are not entitled to overtime pay.

CALIFORNIA LAW

“While California law has more rigorous standards than federal law, federal law still warrants some attention. For one thing, the Department of Labor Standards Enforcement (DLSE) has indicated that, although there are differences between the state and federal exemption standards, the federal regulations may serve as a guide where there is no conflict.”https://www.calchamber.com/california-employment-law/pages/exempt-nonexempt-employees.aspx
Continue reading “Exempt Employee or Non Exempt Employee That is the question!”

In California, Is it legal to be fired for taking a Vacation?

For many of us, our summer vacation is the most important time of the year. It doesn’t matter where you go, just as long as you can get away from the stress of everyday life. Yet for some Californians, they have never had that time away to take a vacation. The reasons- for some their finances won’t allow it, for others they don’t have paid vacation days.

There is no law that requires employers to give employees a paid vacation.

Yes, and in fact some companies have terminated workers if they take trips at inopportune times. Most employers won’t fire employees who take a vacation — but it can happen, particularly in the California, where the majority of non-union employees are freelancers or at-will, which means that you can be fired for any reason, as long as it is not an illegal reason, such your;  gender or race.

Continue reading “In California, Is it legal to be fired for taking a Vacation?”

Metoo

In the fall of 2017, increased yet unreported sexual harassment and abuse in the workplace ignited a movement against sexual harassers and abusers. It was called the #MeToo movement. Now women and men alike can speak out about their experiences on social media with the hashtag #MeToo.

In response, California legislators introduced a bill designed to change the way that the state handles sexual harassment cases. Under current law, sexual harassment must be “severe or pervasive” to be a violation. According to an experienced sexual harassment lawyer, this reading of California law is based on a 2000 federal appellate court ruling. But under Senate Bill 1300, which was authored by Senator Hannah-Beth Jackson, this ruling will no longer be the law in California.

Critics of the ruling — including the California Employer Lawyers Association and Equal Rights Advocates — have stated that it allows perpetrators to get “one free grope” without consequences. Governor Jerry Brown signed the new law, which allows employees to file a sexual harassment claim for just one incidence of harassment, after it passed the legislature. It goes into effect on January 1, 2019.

S.B. 1300 also forbids confidentiality or non-disclosure clauses that would prohibit employees the right to discuss unlawful in the workplace. In addition, the law prohibits employers from requiring employees to release claims as a requirement of employment or in exchange for a raise. However, non-disclosure clauses are permitted as part of settlement agreements, as long as the agreement is voluntary.

This new law promises to be a major development in California for employees, as it will ensure that workers no longer have to tolerate sexual harassment for months or even years before seeking help. Employers will also be on notice that no form of sexual harassment is acceptable — and may have a greater incentive to prevent all forms of sexual violence in their workplaces.

By changing the law, California is sending a clear signal that its employees do not have to suffer “severe and pervasive” harassment as part of their jobs. Instead, even one instance of sexual harassment may be sufficient for a legal claim. Of course, it remains to be seen how courts will interpret this law. A skilled sexual harassment lawyer can work with employees who have experienced sexual harassment to help them determine if they may have a claim, either under the current law or the new law that will go into effect in 2019.

CONTACT A PERSONAL INJURY ATTORNEY, CONTACT KJT LAW GROUP

The lawyers at KJT LAW GROUP are dedicated to assisting employees who have suffered workplace sexual harassment. Working with a professional who understands the complexities associated with Sexual Harassment Law will improve the chances of you receiving your rightful compensation. We will work hand in hand with our clients to help them achieve justice. If you have been sexually harassed at work, know that there is help. Let the professionals at KJT LAW GROUP help. Call us at (818) 507-8525 or email us at info@KJTLawGroup.com for a free consultation. We will go over all the facts of your case and recommend the best ways to move forward.

Slumlord

The Supreme Court of California has affirmed that every rental tenant has an implied warranty (the right) of habitability. This simply means that landlords must keep their properties “habitable”, not only sanitary and safe but also structurally sound. The rental property must be compliant with state and local codes for health and safety.

A rental unit must have all of the following in order to be livable:

  • Working toilet, shower or bathtub and sink in a vented room that allows privacy
  • Safe emergency exits leading to a hallway or stairs
  • Mailbox with lock
  • Kitchen with a sink
  • Natural lighting in each room through a window or skylight
  • Windows in each room for ventilation or fans that provide ventilation
  • Working deadbolt locks on main entry doors
  • Smoke detectors that are functioning

Continue reading “Tenant Habitability Issues and Slum Condition”

Self Driving Car

You may have heard the news: An Uber Technologies Inc. autonomous vehicle was involved in an accident in Arizona. A human driver in a Honda CRV turning left at a yellow light hit the self-driving Volvo as it was crossing the intersection. Though the Volvo flipped onto its side after hitting a pole, no serious injuries were reported.

Accident investigators found the human driver to be at fault. The artificially intelligent (AI) vehicle was traveling just under the speed limit, and the employee “behind the wheel” stated he saw the Honda driver but did not have time to react.

Continue reading “Yes, Fully Self-Driving Cars Are Coming To California”

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