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Struck by Hazards in Construction: A Very Real Hazard

Struck by Hazards in Construction: A Very Real Hazard

In the construction industry, there are some type of accidents that are more common than others, causing more deaths than any other type of accident. These are known as “construction’s fatal fours” and eliminating these accidents would save the lives of 602 workers in America every year. These include falls, electrocutions, and caught in-between accidents… and struck by falling objects. Today we want to focus on accidents that happen when an employee is struck by an object, how deadly these accidents can be, and what can be done within the construction industry to change this.

Learn the Statistics

Each year, many workers die from struck-by accidents. In the year 2007, for instance, there were a total of 504 struck-by cases, with 311 deaths happening. Approximately 26% of the deaths that occur in construction happen due to these specific accidents. One of the main risk factors of these accidents is working or walking below an elevated work surface, which could make you more prone to being hit by falling objects.

OSHA reports that there are about 50,000 struck by falling objects incidents reported in a variety of industries every year, which means that there is one injury caused by a falling object every 10 minutes! Despite the statistics and the fact that proper safety equipment could have prevented a wide variety of the injuries and deaths stemming from these accidents, contractors and companies tend to ignore the fact that these accidents are happening and the numbers continue to rise.

How These Accidents Can Be Prevented

OSHA and a variety of workplaces recommend and require their employees to use fall protection equipment for tools. Here are the rules they recommend following:

  • There should always be lanyards and wristbands to safely hold onto equipment and they should be set in a way that allows you to use the tool without issue
  • You should never have to modify the tool to effectively attach a protective system to it
  • Tools over 5 pounds should be attached to a fixed structure and used with a tether

OSHA says that tools should always be secured no matter what, and that hazard warning signs should be posted around a site so that people do not walk unexpectedly in a dangerous area. In some cases, workplaces use debris nets and catch platforms to deflect falling objects if they happen to fall anyway.

When You Have Been Injured

There are many reasons why these accidents happen, even if some can be prevented. Sometimes, a worker could make a simple mistake because of a careless error, or because they were lacking proper training. Perhaps a contractor improperly set up protective equipment meant to catch objects when they fall. No matter what, if safety rules were not abided by and you were struck with an object, you may have sustained serious injuries. You could suffer concussions, brain injuries, neck and back injuries, and even paralysis from being hit by an object. You may be entitled to workers’ compensation benefits or be able to make a claim against a third party if your employer was not responsible for your injuries. Call us at the Accident Law Group if you have been injured by a falling object in the construction workplace and need help with your case. We are waiting to hear from you today, so give us a call at 602-262-4254.

Sources

http://www.ehstoday.com/construction/sky-isnt-falling-and-your-tools-shouldnt-either

https://www.osha.gov/dte/grant_materials/fy08/sh-17792-08/struck_by_english_r6.pdf

http://www.ehstoday.com/construction/sky-isnt-falling-and-your-tools-shouldnt-either

 

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Things You Shouldn't Do in Regards to Your Injury Case

If you have received injuries in an auto accident, you must be able to show four things: that a defendant owed you a duty of care, that a defendant breached their duty of care, the defendant’s actions caused injuries, and that there is some way you can be compensated for your injury. Arizona negligence cases follow a doctrine known as comparative negligence, which means that damages are calculated based on every party that was involved in the accident.
Accident Law Group pain
For instance, if you have contributed to your own accident, you may not be able to receive all the damages you once thought you were entitled to. This means that, if you were injured by the fault of another party, but you were also acting negligently at the time of the accident, your damages may be reduced by a certain percentage. Of course, there are many other ways you may be inadvertently affecting your case in a negative way, which we will discuss today.

How You Might Accidentally be Reducing Your Claim

Statement to Insurance Adjuster: Sometimes, talking to insurance adjusters can actually hurt your claim. An adjuster may seem like a trustworthy person who has your best interests in mind, but unfortunately, this is not always the case. Your statements are usually only for their benefit because they want to use a statement against you in any way possible. Your lawyer would not want you to give up any of this information without their help. You want to think about this before you give that statement.

Failing to Receive Treatment: After you have received injuries in a car accident, the first thing you should do is maintain good health and see a doctor. Anything can be missed when you don’t see a doctor. Insurance companies will look at your delay to receive treatment and take this into position, saying that your injuries weren’t very serious if you didn’t seek treatment. Speak to your doctor as soon as you can to make the most out of your case and protect your health at the same time.

Missing Appointments: So let’s say that you were told to receive specific treatment after your accident. If records show that you have been missing or canceling appointments, this can affect your case because once again, they will believe that your injuries were not very serious.

Failure to Disclose: You should always disclose certain information to your attorney, such as prior injury claims and similar injuries that you may have sustained in the past. The adjuster will know about your injuries so you should always be honest with your attorney as well.

At the Accident Law Group, we can help you get the most out of your accident case and compensate for your serious injuries. If you have been injured in a car accident, we want to speak with you. Call us today at 602-262-4254.
 

Sources: https://dictionary.law.com/Default.aspx?selected=256

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A Better Understanding of the Personal Injury Settlement Process

 

When you first become injured in a car accident, the two things you may be thinking of are this: “I need to receive medical treatment” and “I need to talk to a lawyer.” Most people automatically assume that they will be pursuing personal injury damages in court, but the truth is, only up to 5% of personal injury claims ever see the inside of a courtroom. Why? Because many cases stop at the personal injury settlement process.

 

The Basics of Personal Injury Settlement

 

Settlement is the decision process many people make in car accident injury cases when they would rather not have their case settled by a judge or jury. This means the defendant, or the person who was responsible for the accident, will offer a certain sum of money to the plaintiff. However, then you must sign a release that says that you will not take these matters to court. Settlement sometimes doesn’t start at the beginning of the case. Sometimes, settlement takes place in the middle of litigation, when two parties decide that it’s best to settle instead of leave the fate of their case in the hands of a jury.

Many people think that, in choosing settlement, they will not get the outcome they were hoping for, but this is not always the case. Here are some of the benefits to settlement:

Expense: You will find that the litigation process is packed with expenses. This includes paying for attorneys, expert witnesses, the discovery process, traveling to and from, and so much more. You can reduce these expenses when you choose to go through settlement instead.

Stress: You may discover that many parts of the trial process are difficult and stressful. This includes anticipation as you await results, cross-examination, and many other aspects.

Privacy: When a case goes to trial, court documents become public record, which means that anybody can access them. If you want your matters to stay as private as possible, you want to choose settlement. Most settlements use what is called a “confidentiality clause,” which will keep your matters safe between you and the other party.

 

When You Will Receive the Money

 

You may receive compensation for things like past and future medical expenses, future lost wages, loss of earning capacity, property damage, physical pain, emotional suffering, and so much more when you have been injured in a devastating car accident. Before you receive your settlement income, you want to reach maximum medical recovery, which means that you have recovered to the extent you are able to physically recover from. We will work to progress your case as quickly as possible to ensure that you can move on with your life.

At the Accident Law Group, we want to help you receive the compensation you deserve in your time of need. If you have been injured in a car accident, you may wonder: Should I choose litigation or settlement? The choice is up to you. Call us today at 602-262-4254 for more information.

 

Contact Us:

Accident Law Group

Phoenix, Arizona

Google Site: https://sites.google.com/view/accident-law-group/home

Official Site: https://www.accidentlawgroup.com/

 

Here at Accident Law Group, our entire firm handles only accident/injury cases. 100% of our work is building, arguing, and winning injury cases just like yours. It is what our founding partners named the firm, because accidents are all we focus on.

15650 N Black Canyon Highway, Suite B-155, Phoenix, AZ 85053

(602) 262-4254

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Emotional Distress From an Accident?

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How You Can Show You Suffered Emotional Distress in an Accident

When you hopped inside your car and headed off to work or to pick a child up from school, you never expected your day to end in an accident. It showed you that anything can happen in the blink of an eye and, no matter how prepared you are or the safety practices you abide by on the road, negligence from another driver can happen in an accident and turn your world upside-down. As a result, you have felt emotional distress and have feared getting back on the roadway, as well as adverse thoughts of depression after sustaining serious injuries. What can you do?

Typically, when it comes to personal injury lawsuits, you will receive damages known as “pain and suffering” when you have suffered emotionally. There are many mental effects a car accident can have on you. Perhaps you have adopted a fear of driving after your accident, have depression caused by limited mobility due to injuries, have flashbacks of the accident, or find it difficult to get back on your feet and enjoy the things you once had before the accident took place. What many people fail to understand is that the emotional effects of an accident can have a huge, lasting impact on your life for months or years to come. This is why you may qualify for pain and suffering damages, which cover mental distress from an injury and so much more. When a party is found negligent, they may owe you these damages as well as physical economic costs.

 

Showing Your Emotional Injuries

 

There are minor emotional distress injuries and some that are not so minor. For instance, the less severe symptoms encompass emotional anguish and distress, fear, and anger associated with the accident. However, there are more severe symptoms as well, such as post-traumatic stress disorder (PTSD) that happens when you replay the accident over and over again inside your head. But how do you prove your claim and that the injuries you have sustained are real feelings associated with the accident?

 

Here are the five ways to prove your claim of emotional distress:

Intensity: If you have received minor emotional distress, you may not be able to recover much in damages. However, if your emotional distress is extremely severe and causes a huge impact on your life, you may be eligible for more compensation. For instance, you are most likely to recover from accidents that involve some type of severe injury coupled with emotional anguish.

Duration: If you have persistent and recurring pain related to your distress, you are more likely to recover more, since you have suffered the distress for quite some time.

Bodily Harm: You may be able to compensate more if your emotional injuries have caused you physical harm, such as ulcers, headaches, and other physical signs of severe stress on the body.

Cause: The more extreme the accident, the more recovery. For example, if you sustained a head-on collision with a truck, you are more likely to recover more than a simple rear-end accident at low speeds by another vehicle.

Medical Report: A psychological doctor will be able to support every claim that you have made and show that you have, indeed, suffered emotionally after the accident.

As you can see, making a claim for emotional distress after an accident is not as easy as it seems. Showing viability of your claims is one of the most difficult aspects in these cases. If you have sustained injuries in a car accident and need our help, give us a call today at the Accident Law Group at 602-262-4254.


Contact Us:

Accident Law Group

Phoenix, Arizona

Google Site: https://sites.google.com/view/accident-law-group/home

Official Site: https://www.accidentlawgroup.com/

 

Here at Accident Law Group, our entire firm handles only accident/injury cases. 100% of our work is building, arguing, and winning injury cases just like yours. It is what our founding partners named the firm, because accidents are all we focus on.

15650 N Black Canyon Highway, Suite B-155, Phoenix, AZ 85053

(602) 262-4254

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Truck Accidents and Preserving Your Case

Have you ever heard of a “black box” in trucks? Black boxes are recorders implemented on commercial trucks that save data through a variety of sensors on the truck. They are great to have because they can record data that happens nearly seconds before an accident, which can be useful in your case. But are black boxes are a requirement today? It didn’t use to be this way.

Accident Law Group Semi Truck Accidents

Black boxes used to not be a necessity, which means that companies could choose whether or not they would use them on their vehicles. However, today the Federal Motor Carrier Safety Administration ensures that black boxes are always used in trucks across the U.S. This is due to the prevalence of truck accidents in America today and how we work to protect those who have been injured in these accidents. Truck drivers are supposed to be some of the safest drivers on our roadways.

 

Black boxes not only protect us from harm on the roads but also drivers, as they give information on how much sleep a driver has gotten, which protects them in the long run as well. Nobody wants to lose their lives in a truck accident, which is why these are great tools to preserve important data.

Obtaining Data on a Black Box

Any attorney will tell you that preserving your truck accident after it occurs is one of the best ways to work toward the compensation you deserve. Black boxes in truck accidents are some of the best evidence that you can possibly have after you have been involved in a life-changing accident with a commercial truck. However, there is one problem: Many companies are adamant that black boxes remain their property because they want to protect themselves from a lawsuit. You may find that, after a truck accident, it is not so easy to obtain this information. People in the past have found that companies even destroy evidence at times, ensuring that they will not owe compensation to a driver even though it was clearly their fault.

Black boxes are useful to many people after an accident because they can answer the very important question: “How did my truck accident actually occur?” Data collected can show that a truck driver was speeding where they weren’t supposed to, never stopped at a stop sign based on their location, or that they suddenly swerved with no explanation. This is why it is vital to speak to an attorney as soon as possible to protect your rights and learn more about black boxes in truck accidents, and how they can help you.

 

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Contact Us:

Accident Law Group

Phoenix, Arizona

Here at Accident Law Group, our entire firm handles only accident/injury cases. 100% of our work is building, arguing, and winning injury cases just like yours. It is what our founding partners named the firm because accidents are all we focus on.


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5 Car Accident Myths Concerning Your Accident and Injuries

You have been injured in a car accident and, because you have read so many conflicting things on the Internet regarding your accident and how you can bring your claim. People who are injured in a car accident suffer a barrage of medical bills, struggle to return to work, and more when all they should be worried about is recovering and moving on. Let’s look at some of the ‘car accident myths’ you may have heard before, to give you a head start on your case and guide you through your difficult time.
Phoenix Personal Injury Lawyers
Car Accident Myths

Every car accident is the same as the next. This is obviously not true, because your car accident could involve many aspects that make it different than another accident. Perhaps you were injured due to someone falling asleep at the wheel, drinking, or a rear-end accident. No matter what the accident, laws dictate how you will be able to recover for your damages. Every state has its own rules as well. It is important that you speak to an attorney about your specific case.

My accident was minor, so it’s okay to leave the scene right away. You want to avoid legal trouble at all costs, so you want to remain on the scene. If you have been involved in an accident and you have not sustained severe life-threatening injuries, you can take a few steps to ensure your rights. You want to check to ensure that you and the other passengers are okay in your accident, as well as collect information relating to the other vehicle, from the car’s make, model, and license plate information.

You should always exchange information with the other driver and take photos of the accident scene. Talk to witnesses who may have seen your accident take place. Whatever you can do to establish who was at fault will help you compensate for your injuries in the weeks or months to come.

I don’t really need an accident attorney. You can’t count on your insurance company to take care of everything regarding your accident. Because an insurer may believe that your claim is not worth pursuing, you could be left with mounds of bills related to not having a vehicle, car repair, and most of all, medical treatment for your injuries. For this, you will need a skilled accident attorney to help you.

I feel good enough to leave the scene, so I won’t seek medical treatment. You don’t want to make this mistake, as many weeks or months down the line, you could suffer from your injuries and be in immediate need of financial help for your treatment. Many injuries that stem from car accidents are complicated and take time to manifest, such as neck and back injuries, as well as traumatic brain injuries (TBI). Because of this, you should always seek help from an experienced healthcare professional, no matter how you feel.

At Accident Law Group, we can help if you have sustained serious injuries in your car accident. Don’t rely on the insurance company to cover everything, as you could be setting yourself up for failure as you await payment for things like medical treatment and loss of income. We can help in your time of need.

Call us today at 602-262-4254.
 

Sources:

https://www.hg.org/car-accident.html

Contact Us:

Accident Law Group

15650 N Black Canyon Highway, Suite B-155, Phoenix, AZ 85053

(602) 262-4254 

Phoenix, Arizona

Google+: https://plus.google.com/u/5/116776840970555049445

Official Site: https://www.accidentlawgroup.com/

 

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What You Need to Know About Vicarious Liability and Respondent Superior

You think you have it all figured out after you have been involved in an accident. It is clear that another party was liable for your accident and played a negligent role in your case, and now you will be able to bring a claim against them for damages. But what about a little theory known as vicarious liability?

Could this theory change the course of your injury case and, right before your very eyes, introduce another party at fault for your injuries? Today we will discuss vicarious liability and what it is, as well as something known ‘respondeat superior’ and the role they might play in your case.

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How Vicarious Liability Plays a Role in Your Case

In certain situations, somebody else could be liable for an accident based on their responsibility over the acts of another person. What does this mean? It means that, based on the relationship someone has with an at-fault party, they could really be the liable party in an accident instead. In another way, it means that somebody is responsible for the negligent actions of a party. Here’s an example: A car owner lends their vehicle to another person. However, they don’t take into consideration that they are lending their vehicle to a party that is not very responsible and has a bad record on the roads. If that person then gets into a car accident, the owner of the vehicle could be held responsible for any damages that result.

In the same situation, a parent could be responsible for the actions of their children if they lend them their vehicles. Or, sometimes a car rental company could be held liable in cases where they rent a car to someone with a bad driving record and an accident results.

Accidents Caused by Employees 

There is also another theory known as “respondeat superior,” which means “let the master answer” and applies to cases where an employer could be held responsible for their employee’s actions. These cases usually pop up when an employee causes an accident in an employer’s vehicle while in the course of their employment. Here’s an example: An employer allows their employee to drive the company vehicle. However, when they tell them to drive to a client’s office to drop off paperwork, they get involved in a serious accident and injuries result. Since the accident happened during the scope of employment, the employer could share liable or be liable in full. However, if the employee was not authorized to leave work or drive the company vehicle, the employee could be fully liable for the accident under this theory.

As you can see, there are many instances where vicarious liability applies. At Accident Law Group, we understand the many rules and laws that may play a role in your accident case and can apply our knowledge to your case to get you the results you deserve. If you have been injured in an accident and are seeking compensation, let us help you with your claim.

Call us today at 602-262-4254.

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Sources:

https://www.justia.com/injury/negligence-theory/vicarious-liability-respondeat-superior/

Contact Us:

Accident Law Group

Phoenix, Arizona

Google+: https://plus.google.com/u/5/116776840970555049445

Official Site: https://www.accidentlawgroup.com/

 

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