Even the most experienced drivers can find car accidents to be stressful and hard to understand situations. From medical issues to insurance fees, there are countless questions that are put in your hands when you’re the victim of a car accident. Here at Oxner + Permar, PLLC our attorneys have been working for decades to make sure that accident victims like you keep their rights protected and get compensated fairly, even if it all can seem a bit overwhelming.
Here are a few helpful tips on what you can do if you’re a victim of a car accident.
1. Be informed: One of the most important things to do right after a car accident is to make sure you know as much as you can about the incident. Don’t just leave it up to your memory. At the scene of the accident have someone else, preferably a bystander, take pictures of what happened. This should include the scene and any cars involved. Also get the phone numbers of any witnesses, as they might be able to help support you. A few days after the car accident, you should get a copy of the police officer’s report, which should be made available online. It will have any statements you, the other person, or bystanders made. It will also have photos of where each vehicle was.
2. Document injuries: If you go to the hospital, don’t be afraid to ask your doctors questions and tell them everywhere that you hurt. You may even wonder if a doctor can force you to go back to work. You want them to understand the full situation. Unfortunately, the other driver’s insurance company won’t cover any medical costs until your case is settled, so you should make sure to use health insurance if you have it. Health insurance will let you get the medical attention you need while keeping any bill collectors off your back as much as possible.
3. Be ready for a phone call: Within the next day or two after a car accident, you might get a phone call from the other driver’s insurance adjuster. They will usually ask questions about how and why the accident happened and will want to know if you were injured or any damages to your vehicle. However, the insurance adjuster could be using questions designed to figure out whether you did anything to cause the accident. Any of what you say to the adjuster could be used against you in a case, so it could be a good decision to not tell the adjuster anything more than the basics. We recommend telling them that you were injured if this is a case, you need a rental vehicle, and/or you need repairs done on your car. Once you speak with an attorney, they can advise you on how to work with the adjuster best.
4. Call your insurance company: Check in with your insurance company to see if you have coverage on your policy towards “Medical Payments.” This could cover thousands of dollars towards your medical bills, to help you pay for the deductibles and co-pays that might come after an accident.
If you’re in the unfortunate situation where this does happen to you, reach out to Oxner + Permar, PLLC for a free consultation with an experienced personal injury attorney.
I often hear potential clients say their supervisor told them they do not carry workers’ compensation insurance or that there is no way to file a worker’s comp claim. Although there are a few exceptions, in North Carolina employers who employ three or more people are generally required to carry workers’ compensation insurance.
This appears to be a tactic that employers use to try and decrease the number of claims that are filed in an effort to keep their insurance rates from rising. Unfortunately, a lot of people will take their supervisor’s word for it and not file a claim.
The longer someone waits to file a claim, the more damaging it may be to their claim or benefits. If your employer ever tells you that they do not have workers’ compensation insurance, it is best to consult with an attorney to determine if this is true as you may still be entitled to benefits in the event that your employer does not carry the required workers’ compensation insurance.
We are living in a time where technology is advancing quickly and in ways our great grandparents probably would not have predicted. As impressive as a self-driving cars are, there are also questions about how safe they are and on what happens when a self-driving car causes a wreck.
Self-driving cars will become commonplace within the next few years. As they do, questions about who is responsible for accidents involving them will arise. Who is at fault when a self-driving car causes a wreck? What are the legal implications? How does liability work in a self-driving vehicle accident? These are just some of the many questions that come up when considering how liability works in a self-driving car causes a wreck.
To help you understand these issues, we have put together an overview of what happens when a self-driving vehicle crashes. We hope that this information helps you better prepare for your future with autonomous vehicles.
As self-driving technology becomes more prevalent, there are concerns about safety and liability. In fact, some people believe that self-driving technologies pose a greater threat to society than traditional automobiles.
For example, some people fear that self-driving cars will cause more accidents because they will be programmed to drive faster. Others worry that self-driving cars may be programmed to ignore pedestrians. Still others think that self-driving cars could be used by terrorists to carry out attacks.
However, there are also benefits associated with self-driving vehicles. They could reduce traffic congestion, improve road safety, and make travel easier.
When two cars collide under normal circumstances, North Carolina law holds the at-fault party responsible for all damages and losses that he or she caused. But in the age of self-driving cars, the question of responsibility must be determined. In general, liability depends on one or more of these options:
Human error is still the first place an injured victim should look. Even the best technology cannot protect the public from negligent human operators, if the human driver has ultimate control of the vehicle. If a driver fails to remain alert while at the wheel or misuses the technology, then the driver may be responsible for a crash.
Sometimes technology simply fails. If a driverless vehicle is being operated properly and as designed but somehow fails, then the manufacturer may be the appropriate party to hold responsible for any injuries that the faulty machine caused.
A government regulatory agency that permits self-driving vehicles to be tested on public roads may potentially be responsible for allowing experimental vehicle testing on public roadways if the testing exposes the public to unreasonable risk of harm.
In some cases, the design of the vehicle is defective, and it must be considered whether this is something that the manufacturer should have recognized.
The answer to who is at fault when a self-driving car causes a wreck can depend on several factors. The first thing to consider is whether the person operating the vehicle was negligent. For example, did the operator fail to maintain proper lookout, use reasonable care, or follow traffic laws? If so, then the operator could be held liable for any injuries that resulted from his or her negligence.
If the operator was not negligent, then the next consideration is whether the vehicle itself was defective. This includes issues such as whether the vehicle’s software malfunctioned, whether the vehicle was improperly manufactured, or whether the vehicle was negligently designed. If the vehicle was defective, then the manufacturer may bear some responsibility for the accident.
Another factor to consider when a self-driving car causes a wreck is whether the operator was using the vehicle according to its intended purpose. For example, if the operator was driving the vehicle for purposes other than those for which it was designed, then the operator may be found to be negligent.
Finally, the state of the art of self-driving vehicles may play a role in determining who is at fault. For instance, if the state of the art allowed only certain types of vehicles to operate on public roads, then the state might be responsible for permitting unsafe.
Ask an attorney. We are here to help you understand your rights and responsibilities after a self-driving car accident.
Si su empleador no tiene seguro de lesiones laborales, usted todavía puede proceder con un reclamo si eres lesionado en el trabajo? Si su empleador no tiene seguro, tienes la opción de proceder en contra de ellos directamente, o, si su empleador era un subcontratista de un contratista general, puedes proceder en contra del seguro del contratista general. Antes de empezar un reclamo sin seguro, debes saber que el proceso será un poco más complicado – esto es porque tendrás que estar directamente en contacto con su empleador.
Es por esto que es importante que usted se ponga en contacto con abogados con experiencia si eres lesionado en el trabajo. Nosotros aquí en Oxner + Permar tenemos bastante experiencia con estas situaciones, y podemos ayudarle en español. ¡Llamenos!
Applying for Social Security Disability can be a lengthy and sometimes frustrating process. I get questions every day about how applicants can make the process go faster, what the eligibility requirements are, and what some of the frequently used terms mean, such as the grid rules.
There are a few ways a disability applicant can argue they qualify for benefits. An applicant may argue that they meet a medical impairment listing, are unable to engage in substantial gainful activity (earning over a certain amount set by the Social Security Administration), or that they are disabled because they meet one of the Medical Vocational “grid rules”.
The Social Security Administration (SSA) defines the Grids as “a set of rules that determine whether you’re eligible for disability benefits.”
Social security regulations were written in 1967 and revised in 1980. In those days, the SSA recognized that people could change jobs and industries over the course of their lives. To help people transition into different types of employment, the agency developed a grid system that helped identify what kinds of jobs might be appropriate for someone with specific physical and mental disabilities.
In recent years, however, the agency has been trying to change how the Grids work. The agency wants to eliminate the grids entirely, arguing that they no longer reflect reality.
The Grids are important because they allow the SSA to decide whether or not you qualify for disability benefits.
If you meet all of the requirements listed under the Grids, then you will receive benefits. However, if you do not meet any of these requirements, then you will not get benefits.
The Grids are very detailed and require that you prove that you meet each requirement before you can receive benefits.
The Social Security Administration uses a grid of rules to answer when an individual is disabled or not disabled. This takes into account an individual’s age, education level, transferable or non-transferable skills, and your residual functional capacity (RFC).
The older an individual is, the easier it becomes to be approved for disability benefits. Under the grid rules, education is evaluated based on the following:
The grid rules classify your past relevant work as either unskilled, semi-skilled, or skilled and also take into account whether or not you have transferable skills. This considers if the skills used in your past work can be transferred to a different job. Lastly, your RFC level categorizes whether your abilities limit you to perform sedentary, light, medium, or heavy work.
There are two other options available to you when the Grids say that you are not disabled. One option is to go through vocational rehabilitation. Vocational rehabilitation helps individuals find new jobs by providing them with assistance from trained professionals. It may include job placement services, career counseling, resume writing, and interview coaching.
Another option is to apply for Supplemental Security Income (SSI), which provides income to people who cannot work due to their disabilities. SSI is funded by the federal government and administered by the states.
