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Personal Injury

Personal Injury

How Do Truck Accidents Differ From Car Accidents?

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People who have never been in an accident involving a truck or another large commercial vehicle may not understand the devastating consequences victims suffer. It is easy to assume that these collisions on the road, and the legal avenues for obtaining compensation, are the same as other types of accidents on the road. Unfortunately, nothing could be further from the truth. There are many differences between truck and car accidents. Below, our Baton Rouge personal injury lawyer explains what these are. Trucks are Much Larger Than Cars The most obvious difference between trucks and cars is that transport trailers are much larger than passenger vehicles. 18-wheelers can measure up to 80 feet long, and they can weigh up to 80,000 pounds when they are fully loaded. The size of commercial trucks also correlates to the increased weight behind these accidents, even when they occur at low speeds. A crash that may have been considered a minor fender bender had it involved two smaller vehicles may result in severe property damage. Afterward, you may no longer even have a vehicle. Injuries are Much More Severe Just as a truck accident will result in greater property damage, even when the crash occurred at a lower impact, it will also result in some of the most severe injuries. The extra weight of a truck will create a much greater force during a crash, causing the body to experience more strain, even when high speed is not a factor. The occupants of a passenger vehicle may incur multiple broken bones, traumatic head injuries, paralysis, amputations, and more. The more serious your injuries are after a truck accident, the more important it is to work with a Baton Rouge personal injury lawyer. The insurance company will always try to reduce, deny, or delay accident claims. Due to the high settlements involved after a truck accident, the insurer will work even harder to protect their bottom line by violating your rights. Determining Liability If you are involved in an accident with just one other driver, it is likely that one of you is at fault. Even when multiple drivers are involved in a crash, it is still likely someone at the scene is to blame. This is not the case with truck accidents. There are multiple liable parties who may be at fault for a truck accident. Of these, the most common include: The truck driver: Like other motorists on the road, truck drivers can act negligently and cause a crash. Impaired driving, distracted driving, speeding, and violating other traffic laws are just a few of the most common ways truck drivers cause accidents. The trucking company: Many truck drivers are employees of a trucking company and in these cases, the company may also share a percentage of fault for the accident. Trucking companies must follow proper hiring and training practices to ensure they are only putting competent and experienced drivers on the road. When they fail to meet this legal duty, trucking companies can be held liable for a crash. Manufacturers of defective products: A defect within a truck, or part of its equipment, can result in a very serious accident. Manufacturers are responsible for ensuring any product they create is safe and free of flaws or defects. When they do not, they can be held liable for a crash. Other negligent parties: Other negligent parties can also be responsible for a crash. The most common of these entities include inspection companies, anyone responsible for the proper maintenance of the truck, and anyone who negligently loads or unloads the truck. It is critical to identify all liable parties after a truck accident, as this is the only way to recover the full amount of compensation you deserve. Different Laws Govern Truck Accidents When two passengers are involved in an accident, state law typically applies. The law in Louisiana will also govern truck accidents, but these crashes are also regulated by federal law. For example, if your crash was caused by a truck driver who violated the hours of service rule, that may prove negligence, which can help your case. It is essential to speak to a Baton Rouge personal injury lawyer who can advise on all of the laws that apply to your case. It is Important to Work with a Personal Injury Lawyer in Baton Rouge After a Crash It is important to work with a Baton Rouge personal injury lawyer after any accident, but it is even more critical when you have been hurt by a commercial truck. At Big River Trial Attorneys, our experienced lawyers can help you overcome the challenges these claims present, so you obtain the just outcome you deserve. Call us now at(225) 963-9638 or fill out our online form to schedule a free consultation.

Personal Injury

Seven Things to Know After a Car Accident in Baton Rouge

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If you have recently been involved in a car accident in Baton Rouge, you may be able to recover compensation for your medical expenses, lost income, and more. To recover the full amount of compensation you justly deserve, however, there are a few important things to know. Below, our Baton Rouge personal injury lawyer explains what these are. You May Have to Report the Accident Under state law, you may be required to report the accident. If your accident resulted in injury or death or property damage that exceeds $500, you must report the accident to the local police department. Your insurance policy may also require that you report the accident to the police. Reporting any accident can also help you prove liability, as police may include who was at fault in the report they file. Louisiana Follows a Pure Model of Comparative Negligence All states have some form of comparative negligence law, but they vary from state to state. The comparative negligence law applies when more than one party is to blame for an accident. In these cases, each party is assigned a percentage of fault, and they bear liability for paying the same amount of damages. Louisiana follows a pure model of comparative negligence, which means you can claim damages if you were hurt, even if you were 99% at fault for the crash. For example, you may have been involved in a crash and sustained $100,000 in damages. If you were found to be 30% at fault for the accident, your damages would be reduced by the same percentage, which is $30,000. In total, you would receive $70,000. Comparative negligence is often raised as a defense in car accident claims, particularly when multiple parties are involved. It is important to work with a Baton Rouge personal injury lawyer who can refute these arguments so you recover the full damages you deserve. The Insurance Company May Initially Deny Your Claim Insurance companies use many methods to try and deny your claim. They may argue that the accident was not caused by the person they are covering, that you were not actually injured, or that your injuries were caused by a pre-existing condition. If they are successful with these claims, you will not receive the full compensation you deserve. Insurance companies are less likely to try these tactics when accident victims are represented by an attorney. Louisiana Motorists are Assumed to Have Uninsured and Underinsured Motorist Coverage Unless they Reject it in Writing Unfortunately, not all drivers carry proper auto insurance, even though they are required to by law. To protect law-abiding citizens, state law requires that all insurance companies provide uninsured and underinsured motorist coverage to their clients unless the clients reject the coverage in writing. When you have this coverage, you can file a claim with your own insurance company even if the other party did not have proper coverage. If you are not sure if you have this coverage, you should speak with an attorney about what documents you need to find out if this coverage will be available to you. Louisiana Has a “No Pay, No Play” Law To discourage drivers from driving without auto insurance, Louisiana has enacted a “No Pay, No Play” law. Under this law, uninsured motorists cannot recover a certain amount of damages if they are hurt by someone else’s negligence. In Louisiana, uninsured motorists cannot recover the first $15,000 in bodily injury damages or the first $25,000 in property damage. There are some exceptions to the law, so it is always important to speak to an attorney before taking further action. You Have One Year to File Your Claim The statute of limitations, or time limit, is very strict in Louisiana. You only have one year from the date of your crash to file a claim. If you do not file within this time, you will lose any legal right to claim compensation from the at-fault party. Even though you have one year, waiting until the year has almost passed before speaking with an attorney can significantly reduce the value of your case and some injury attorneys may not speak to you if you are too close to the deadline. There are No Caps on Damages Many states have enacted laws that cap, or limit, the amount of damages a person can receive after a car crash. Fortunately, this is not the case in Louisiana in most cases. After a car accident, you can claim the full economic and non-economic damages you sustained during the crash. Our Personal Injury Lawyers in Baton Rouge Can Help You Claim Full Damages If you have been hurt in a car accident, you need sound legal advice. At Big River Trial Attorneys, our Baton Rouge personal injury lawyers can advise you of your rights under the law and ensure they are protected so you obtain the maximum damages that are justly yours. Call us now at (225) 963-9638 or fill out our online form to schedule a free consultation and learn more about your legal options.

Personal Injury

Wrongful Death Lawsuits vs. Survival Actions

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Louisiana’s civil laws protect accident victims who suffer injuries and other losses caused by another person’s negligence, or carelessness. There are many different personal injury laws that allow injured individuals to pursue financial compensation for their medical bills, property damage, lost wages, and other negative outcomes caused by an accident. If another person’s negligence has caused the death of an immediate family member, you may have the right to file a lawsuit against the person or entity who is responsible for the death. You may have the right to file a wrongful death lawsuit, as well as a survival action. So, what is the difference between the two? Below, our Baton Rouge wrongful death lawyer explains. What is a Survival Action in Baton Rouge? As its name implies, a survival action can be filed for the losses a loved one could have claimed had they survived the accident. For example, if your loved one was the victim of medical malpractice and they suffered for some time before succumbing to their injuries, a survival action could be appropriate. Through a survival action, you can pursue compensation for your loved one’s medical expenses, lost income, and the pain and suffering they endured. The compensation is then awarded to your loved one’s estate. Survival actions are not only appropriate when there was a significant amount of time between the accident and the resulting death. For example, if your loved one was in a fatal car crash and died immediately, you may still be able to file a survival action to recover the property damage to their vehicle. A Baton Rouge wrongful death lawyer can advise on when a survival action is appropriate. What is a Wrongful Death Claim in Baton Rouge? While survival actions focus on compensating your loved one’s estate for their losses, a wrongful death claim can be filed to compensate you for your own losses. If your family member earned an income the household was dependent on, a wrongful death claim can help you recover those damages. You can also include other losses in a wrongful death claim, such as the loss of household services, the loss of companionship and support, and the loss of consortium if you were intimate with the accident victim. Unlike survival actions, the damages in wrongful death claims compensate family members for their losses. As such, if you are successful with your claim, anyone in the family who suffered from the loss can receive compensation. Who Can File Survival Actions and Wrongful Death Claims? A survival action and wrongful death claim can both compensate your family for the losses incurred as a result of the accident that caused the death. Under state law, only certain family members are eligible to file these claims, however. The law follows a sequence of different family members who are eligible to file, and that is as follows: The surviving spouse or children of the deceased, if the individual was married or had children, The surviving parent or parents of the deceased, if the individual was not married and did not have children, Surviving siblings of the deceased, if the individual did not have a surviving spouse, child, or parent, The grandparents of the deceased, if there were no other surviving family members, or When the individual did not have any surviving family members, the personal representative of the deceased’s estate can file a claim. The above sequence applies to both survival actions, as well as wrongful death lawsuits. The Statute of Limitations on Survival Actions and Wrongful Death Lawsuits Time is of the essence when filing either a wrongful death lawsuit or a survival action. You have only one year from the date of the person’s death to file either type of legal action. This time limit is known as the statute of limitations, and if you do not file your claim before it expires, your family will lose its legal right to claim any compensation at all. It is important to file a claim as quickly as possible after a loved one’s death for many reasons. Witnesses may become harder to locate if you wait too long, and it may be difficult to remember important facts after several months have passed. For these reasons, you should speak to a Baton Rouge wrongful death lawyer as soon as possible. Our Wrongful Death Lawyers in Baton Rouge Can Advise on Your Case Losing a loved one is always difficult. It will result in not only emotional losses but financial consequences, as well. At Big River Trial Attorneys, our Baton Rouge wrongful death lawyers can advise you of your legal options and give you the best chance of success with any claim you file. Call us now at (225) 963-9638 or fill out our online form to schedule a free consultation.

Personal Injury

Hurt in a Construction Accident? Know Your Rights

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If you have been injured in a construction accident, you may have suffered injuries and other losses that will negatively impact your entire life. You may not be able to return to work for some time, and you may not even be able to return to the same line of work in the future. At the same time, medical bills may be piling up due to the treatment your injuries require, and you may not know how to pay for them. If you have been hurt in a construction accident, it is important to know that you have rights. Below, our Baton Rouge construction accident lawyer outlines what these are and how you can obtain the compensation you need. Determining Liability After a Construction Accident Filing an accident claim after a construction accident can quickly become complicated. One of the first steps is determining who is liable. If you file a workers’ compensation claim, you may not have to file a claim against the at-fault party. On the other hand, if you are filing a third-party personal injury claim, determining liability becomes much more important. Some of the most common parties liable for a construction accident include: Contractors: In most cases, construction sites have one contractor who is responsible for keeping the site organized and making sure work is done. However, there are times when multiple construction companies interact when they work on certain elements of a project. Any negligent action by a contractor, such as failing to ensure workers are using safety equipment, can make them at least partly liable for an accident. Subcontractors: Construction companies often hire subcontractors to handle many tasks the company itself does not specialize in, such as doing the electrical work or pouring concrete. Every subcontractor will have their own equipment and responsibilities. If they do not fulfill those responsibilities and someone becomes hurt as a result, the subcontractor can be held liable. Equipment providers: There are many specialized tools on construction sites. Construction companies sometimes have their own tools but there are instances in which they must rent them from another company. Any time an equipment provider fails to ensure their equipment is safe and someone is hurt as a result, the provider can be held liable. Construction site owners: Construction site owners have a legal duty to ensure the site is as safe as possible and that proper equipment is available. When they fail to fulfill this duty, owners can be held liable. Or, if they are also working on an element of a project and act with negligence that causes an accident, the owner can also be held responsible. Liable parties in construction accidents depend on how the accident happened, the conditions that led to it, and which party was responsible for a specific area of the site. For example, if you suffered a serious injury due to defective equipment, you may have a claim against the provider or manufacturer of the equipment. Workers’ Compensation Claim vs. Personal Injury Lawsuit In the majority of cases, construction accidents result in a workers’ compensation claim. Workers’ compensation claims are vastly different from personal injury lawsuits. One of the main differences is that workers’ compensation is a no-fault system in Louisiana. This means you do not have to determine liability or prove someone else was at fault for your accident. You must only show that you were performing employment-related duties at the time of your accident and that you sustained injuries as a result. If you are eligible for workers’ compensation, you have the right to choose one treating physician. If you visited an emergency room immediately after the accident, the doctor who treats you does not qualify as your one preference. Workers’ compensation will also cover two-thirds of your income while you recover. That coverage can help you manage your medical bills and other expenses. If you suffered a permanent injury, you may receive a one-time payment to cover your medical expenses and other losses. Most construction accident cases do not result in a personal injury lawsuit. Still, there are times when you can file a lawsuit against the liable party. Unlike in a workers’ compensation claim, you must determine and prove liability in a personal injury lawsuit. For example, if your employer did not take adequate safety precautions, such as failing to comply with OSHA standards, you may be able to file a lawsuit. Or, if another party on the site caused your accident and is not connected to your employer, you may also have grounds for a personal injury lawsuit. The laws governing workers’ compensation claims and personal injury lawsuits are vastly different. There are different deadlines to meet and different elements of proof. Before filing either claim, it is important to speak to a Baton Rouge construction accident lawyer who can advise on the circumstances surrounding your case. Damages Available in Personal Injury Claims The damages, or financial compensation, available in personal injury lawsuits are also quite different from workers’ compensation benefits. You can claim the full amount of medical expenses you incurred due to the accident, as well as all of your lost income. Additionally, you can claim damages for your pain and suffering and any other loss you incurred due to your injuries. For example, you can also include the cost of transportation to and from your doctor’s appointments. An attorney can accurately value your claim and your damages to ensure you receive the full compensation to which you are entitled. Our Construction Accident Lawyers in Baton Rouge Can Advise You of Your Legal Options The aftermath of a construction accident is extremely stressful and confusing. At Big River Trial Attorneys, our Baton Rouge construction accident lawyers can determine who is liable for your injuries and will hold them accountable for paying the full and fair compensation that is justly yours. Call us now at (225) 963-9638 or fill out our online form to schedule a free consultation with one of our knowledgeable attorneys and to learn

Personal Injury

Important Things to Know About Commercial Motor Vehicle Accident Claims

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Being involved in an accident can be scary and upsetting. A crash involving a commercial motor vehicle, though, is especially confusing and stressful. Commercial vehicles are governed by many state and federal laws. They are all complex and also ever-changing. Although you may be entitled to financial compensation after a commercial motor vehicle accident claim, you may find it harder to obtain than if you had been involved with a smaller passenger vehicle. If you have suffered serious injuries, our Baton Rouge trucking accident lawyer can assist with your claim. Below are the most important things to know before you file. How Much Insurance is Commercial Motor Vehicles Required to Carry? Like all other vehicles on the road, commercial vehicles must be covered by a certain amount of auto insurance. The insurance requirements for motor vehicles, however, are far more complicated than those for passenger vehicles. The minimum amounts that must cover commercial vehicles are as follows: $300,000 for non-hazardous freight when the vehicle weighs below 10,0001 pounds $750,000 – $5,000,000 for freight, depending on what is being transported $750,000 for non-hazardous cargo $1,000,000 for oil and other specific hazardous cargo $5,000,000 depending on the type and volume of hazardous chemicals and applying to cargo weighing 3500 gallons or more $1,500,000 for vehicles that transport 15 passengers or less $5,000,000 for vehicles that transport 16 passengers or more What Driver Qualification Records are Required? It is critical for drivers of commercial vehicles to be properly qualified to operate their vehicles safely. The qualification records of any driver must be kept throughout the term of the driver’s employment and for three years after employment has terminated. Some of the most important qualification records to be kept include: The driver’s application for employment Any previous employee inquiries Any inquiries to state agencies Results of any road tests A medical examiner’s certificate National registry verification Annual review of qualification How Long Should Driver Drug and Alcohol Testing Records Be Stored? As with qualification records, any documents pertaining to a commercial driver’s drug and alcohol testing also must be stored for a certain period of time. The length of time these records must be kept depends on the type of record that is collected. Any drug and alcohol testing results that are negative or canceled must only be kept for one year. Records pertaining to the drug and alcohol collection process must be stored for two years. Certain drug and alcohol records must be retained for five years. These are as follows: Alcohol test results that show a driver’s blood alcohol content (BAC) was 0.02% or more, Any verified test results that are positive for controlled substances, Any document relevant to a refusal to take an alcohol or drug test Driver referrals and evaluations Calibration documents Administration records about alcohol and drug testing, including any violations Annual summaries Records of education and training records for certain testing personnel must be stored indefinitely. How to Obtain Information After a Commercial Vehicle Accident There is a significant amount of paperwork after a commercial vehicle accident, and injured victims do not always know how to obtain the necessary records. For example, if you do not think the commercial vehicle driver who hit you had the proper training, you may not know how to obtain their employment records. Generally speaking, most documents can be obtained under the Freedom of Information Act. Your request must be in writing, and you can send it by mail, fax, or email. You must include your name, address, and telephone number within your request so the agency can contact you if they have questions about your request. Within your request, you should specify that you are asking under the Freedom of Information Act. Your request should include the specific documents you are trying to obtain and the reason for the request. If you are asking for documents about a specific motor carrier, include the name of the motor carrier as well as their principal place of business or, if available, the Department of Transportation number. If you request information about yourself, you must complete a Privacy Waiver form and submit it, as per the Privacy Act. What is Considered an Accident By the FMCSA? The Federal Motor Carrier Safety Association (FMCSA) is a federal agency that governs commercial vehicles and the trucking industry. The agency defines an accident as any collision that results in: A fatality, Bodily injury to any person that requires medical treatment soon after the crash, One or more of the vehicles involved sustaining disabling damage caused by the crash, and that requires the vehicle to be towed away from the scene by a tow truck or other motor vehicle Any collision that involves one of the above factors is considered a recordable accident. When an accident qualifies as recordable by the Department of Transportation (DOT), certain information must be included on the motor carrier’s accident register. Although these registers are simply internal documents created by the motor carrier, there is specific information they must contain. Under Section 390.15 of the FMCSRs, this includes: The date of the accident, The city, town, or closest location where the collision occurred, The state in which the accident happened, The name of the commercial vehicle driver, The number of injuries caused by the collision, The number of fatalities resulting from the crash, and Whether a motor vehicle was carrying hazardous materials other than fuel spilled from the vehicle’s fuel tank, and whether any of the hazardous material was released. Under the law, motor carriers must retain the information on their accident register for at least three years. Our Trucking Accident Lawyers in Baton Rouge Can Provide Sound Legal Advice Commercial vehicle accidents are traumatic, and the aftermath is extremely complex. At Big River Trial Attorneys, our Baton Rouge trucking accident lawyers can advise you of the legal avenues available to you to obtain compensation and will help you obtain the full and fair damages that are justly yours. Call us now at (225) 963-9638 or fill out our

Personal Injury

Common Examples of Industrial Accidents

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Industrial workers are perhaps most at risk of suffering a catastrophic personal injury while on the job. Mechanics, construction workers, factory employees, Pumps, welders, and others work with industrial equipment, which is incredibly heavy and powerful and can cause some of the most serious accidents. Even an accident that would be seemingly minor in another work environment, such as a slip and fall, can have the most serious, and sometimes even fatal, results. Below, our Baton Rouge workers’ compensation lawyer outlines the most common examples of industrial accidents. Slip and Falls Any worker can suffer harm during a slip-and-fall accident, but dangerous conditions are more likely to occur in an industrial setting. Oil, gas, and other liquids can easily cover walkways, hallways, and stairs, putting all workers at risk. Industrial workers should be given a pair of non-slip shoes, or a requirement to wear such footwear should be in place to prevent such accidents. Falling Objects When objects fall, particularly from a height, they can cause serious injuries. Factories and warehouses are large spaces, and stock, machinery, and other items may be stored up high, putting them at risk of falling and hurting a worker. On construction sites, workers on higher floors may drop equipment or other items, hurting an employee working on a lower level. OSHA Violations The Occupational Safety and Health Administration (OSHA) is a government agency that outlines certain safety regulations for employers. However, OSHA reports thousands of violations each year. Some of the most common OSHA violations include failure to provide fall protection, respiratory protection, not adhering to scaffolding requirements, and failure to provide personal protective equipment, among others. When safety standards are not met, all industrial workers are at risk of suffering after a serious accident. Chemical Burns and Exposures Chemical burns and exposure to toxic materials are more likely to happen in industries and factories that manufacture products or are involved in other scientific processes. Transporting these materials is extremely dangerous, and when they are not safely disposed of, catastrophic injuries can result. Employers also have an obligation to ensure that dangerous chemicals are properly stored so that no worker is at risk of suffering from a chemical burn or exposure. Smoke Inhalation The chemicals stored and used in industrial environments can sometimes explode or catch fire and cause serious injury. In other instances, heavy equipment on a job site may also utilize flame, such as pilot lights and boiler units. This heavy machinery is also prone to starting a fire or explosion. Even when a worker safely leaves the scene of a fire or explosion, it does not mean they will not suffer injury. In fact, in some cases, damage from smoke inhalation is much more harmful, and sometimes even more fatal, than the fire or explosion that caused the dangerous smoke. Overexertion Injuries Industrial work is extremely physically demanding. Workers are often pushed to their limits as they lift objects that are very heavy or when they have to push heavy objects out of their way or down an assembly line. Overexertion injuries often affect the back, neck, and legs of workers. Crushing Injuries The machinery within industrial worksites is extremely heavy. This is a necessity because the machinery in these workplaces performs very big jobs that require a lot of power. Unfortunately, industrial workers must also operate and be in the vicinity of this equipment, and that poses a great danger. Crushing injuries are quite common in industrial workplaces, and they can result in amputations, multiple surgeries to correct the damage, and other losses. After a crushing injury, workers often cannot return to the same line of work, or work at all, in the future. Dehydration Injuries Industrial work is intense, and the conditions are often harsh. It is imperative that workers are given a chance to remain hydrated so they do not become involved in an accident. Workers who are dehydrated may suffer from dizziness, light-headedness, headaches, and fatigue. Any one of these will make it harder for industrial workers to focus properly on the job and ensure they do not get hurt. Employers must ensure all workers are given the opportunity to take appropriate nutrition and hydration breaks so these preventable accidents do not occur. Our Industrial Accident Lawyers in Baton Rouge Can Help After an Industrial Accident If you have suffered an industrial accident, our Baton Rouge industrial accident lawyers at Big River Trial Attorneys can advise you of your legal options and help you obtain the full coverage you need for your injuries. Call us now at (225) 963-9638 or reach out to us online to schedule a free consultation with one of our skilled attorneys.

Personal Injury

To Whom Do OSHA Regulations Apply, and are There Exemptions?

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To Whom Do OSHA Regulations Apply, And Are There Exemptions? The Occupational Safety and Health Administration, or the OSHA as it is more commonly known, protects the health and safety of workers throughout the United States. The OSHA was created by Congress in 1971 with the passing of the Occupational Safety and Health Act of 1970. The Act ensures that workers have safe and healthy working conditions and enforces workplace standards and laws. The Act also provides education, training, assistance, and outreach. Since the law was enacted, the number of work fatalities has dropped by more than half, and the number of overall workplace injuries and illnesses has also reduced. Although the Act has provided protection for millions of workers since its inception, it also does not apply to all workplaces. Below, our Baton Rouge workers’ compensation lawyer outlines who is subject to the OSHA regulations and the partial exemptions that apply. To Whom Do OSHA Regulations Apply? The OSH Act applies to the vast majority of employers and employees in the private sector in all 50 states, the District of Columbia, Puerto Rico, and other territories of the United States. The federal OSHA or OSHA-approved state job safety and health plan provide coverage under the Act. When a worker is excluded from a state plan, such as workers who are employed on military bases or in maritime industries in some states, federal OSHA may provide coverage. Workers employed by local and state government entities are not covered by federal OSHA. However, these workers may still be protected under the Act if they are employed in states with state programs approved by OSHA. Individual states and the territories of the United States can enact their own plans that provide coverage for state and local government workers. Although public sector employees are not generally covered under the OSH Act, the law does establish a separate program for employees of the federal government. Under Section 19, the heads of federal agencies have a responsibility to provide safe and healthy working conditions for their employees. Federal agencies are not fined by OSHA, but they are monitored, and inspections are conducted when workers report dangerous working conditions. The OSHA and the OSH Act do provide many employees with important protections. Unfortunately, the laws and regulations do not apply to all employees in the country. The law outlines both full and partial exemptions. Full Exemption: Self-Employed Workers The term ‘employer’ is defined under the OSH Act as a person who engages in business practices and who is responsible for employees. As such, individuals who do not have employees are not subject to the laws and regulations outlined in the Act. On the other hand, even if an employer has just one employee, the laws and regulations still apply. This remains true even if a business owner operates their company as a sole proprietor but still has employees. Full Exemption: Federal And State-Regulated Industries Employers and employees who are regulated by the state or federal government are not subject to OSHA rules. For example, nuclear power plants and mining companies are regulated by government agencies, and they are not under the authority of OSHA. The OSHA also does not generally protect state employees because states typically have their own approved programs that have their own regulations. Partial Exemption: Employers With 10 Employees Or Less While the OSH Act does apply to all employers who employ even just one worker, employers with 10 employees or fewer are eligible for a partial exemption. These companies do not have to keep records for injuries or illnesses unless there is an OSHA mandate that explicitly covers an injury or illness. Still, employers with 10 or fewer employees are still required to report any injury or fatality that happens in the workplace. In response to the COVID-19 pandemic in 2020, OSHA recently modified the reporting requirement. Now, all employers must report the number of confirmed COVID-19 cases in the workplace. Employers must only report a confirmed case if all of the following are true: The COVID-19 case is considered confirmed according to the CDC standards, The case is related to the place or position of employment, and The case involves time lost from work, transfer to another job, work restrictions, loss of consciousness, medical treatment that extends beyond first aid, or death. Call Our Workers’ Compensation Lawyers In Baton Rouge Today If you have been injured or sick while on the job, our Baton Rouge workers’ compensation lawyers at Big River Trial Attorneys can advise you of your rights. Call us now at (225) 963-9638 or contact us online to schedule a free consultation with one of our knowledgeable attorneys.

Personal Injury

Trampoline Parks Cause Thousands of Injuries Every Year

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Trampoline Parks Cause Thousands Of Injuries Every Year Trampoline parks are becoming an increasingly popular option for birthday parties, work parties, or just a day of fun as a family. Unfortunately, these trips often end with more than just good memories. Thousands of people become hurt at trampoline parks every year, and the number of injured individuals only grows with each passing year. Many times, trampoline parks often try to shield themselves from liability by forcing visitors to sign a waiver. Fortunately, these are often not enough to prevent accident victims from obtaining the compensation they deserve. Below, our Baton Rouge personal injury lawyer explains more. The Number Of Trampoline Park Injuries Is Rising Not only is the number of people visiting trampoline parks increasing, but so too is the number of injuries incurred at these parks. In 2010, trampoline park accidents resulted in just 581 visits to the emergency room, according to the American Academy of Pediatricians. Just four years later, in 2014, the number of emergency room visits due to trampoline parks rose to 6,932. By 2017, that number had nearly tripled, with 18,000 visiting the emergency room to receive treatment for trampoline park injuries, according to the Consumer Product Safety Commission. Tragically, according to CBS News, a minimum of six people have died from their trampoline park injuries in the past seven years. How Do Injuries Happen At Trampoline Parks? Trampoline park injuries happen in many different ways. It is not surprising, really, considering these facilities are often filled with children who have a seemingly endless supply of energy compared with adults, who are much larger and much more forceful than the children they play alongside. Add to this that many trampoline parks are inadequately designed, and it is easy to see why trampoline park accidents are so common. In most parks, steel cables or chain links connect the trampolines. These cables and chains are covered by minimal padding that is often quite thin. The walls surrounding the trampolines are also not usually very cushioned and use only thin padding. As people run, flip, and jump on and between the different trampolines, it causes forceful energy to move in many different directions. Although one person jumping on a trampoline may be able to control their own movements, they may still affect surrounding patrons, who can do nothing about how another visitor moves or where the energy goes. Double bouncing is one of the most common ways trampoline park accidents happen. Double bouncing occurs when one patron’s impact affects another jumper’s rebound. Forceful collisions are likely to result from a double bounce. Small children often bounce alongside adults, who are much larger in size and can generate a much greater force. The force of a jump can be enough to hurt a small child, or an adult can fall onto children, resulting in crushing injuries. The trampolines in these facilities are also often surrounded by foam pits, which provide a false sense of safety. Although the foam pits may look well cushioned, that is rarely the case. Children can suffer serious injuries, such as broken bones, after they jump into the pit. Children’s limbs are also often small enough to become trapped between the cables and wires connecting the trampolines. People can even fall through them when the structures are poorly designed, and the gaps are too wide. What Injuries Do Trampoline Park Accidents Cause? The injuries sustained at trampoline parks are so serious, The American Academy of Pediatrics advises against the use of them for all children under the age of 5. Some of the most catastrophic injuries sustained at trampoline parks are as follows: Fractured skulls Brain bleeds Traumatic brain injuries Back injuries Spinal cord injuries, including paralysis Broken necks, which can also result in paralysis Broken jaws Broken noses Fractured limbs The above injuries can affect accident victims for weeks, months, and even years to come. It is important for injured individuals to file a claim to recover financial compensation for the losses sustained, such as medical expenses, lost income, pain and suffering, and more. How Do Waivers Affect Trampoline Park Accident Cases? Nearly every trampoline park in Baton Rouge and throughout the country requires patrons to sign a liability waiver. Parents are also required to sign these for their children. Many people think after a trampoline park accident, they cannot recover compensation for their losses because they signed the waiver. However, the waivers created by trampoline parks are not always effective, nor are they always enforced by the courts. Waivers do not shield trampoline park owners or staff members from wanton, willful, or intentional misconduct. The document must also be written in clear, specific language in order for them to be considered enforceable. Many times, these waivers include vague language that is not upheld by the courts. Additionally, all guests must be given the opportunity to fully read and understand the waiver. If a person is forced to sign it quickly without being given this opportunity, that is often enough to void the waiver. If you have been injured at a trampoline park, it is critical that you speak with a Baton Rouge personal injury lawyer, even if you have signed a waiver. Our experienced attorneys can challenge waivers and show that the trampoline park owner or staff members were negligent and caused your injuries so you receive the full and fair settlement to which you are entitled. Call Our Personal Injury Lawyer In Baton Rouge For Sound Legal Advice Injuries sustained at trampoline parks are some of the most serious, and if you have been hurt, you need compensation to help during your recovery. At Big River Trial Attorneys, our Baton Rouge personal injury lawyers can conduct a thorough investigation to determine what caused your accident and who to hold liable for paying the full damages you deserve. Call us now at (225) 963-9638 or fill out our online form to schedule a free consultation and obtain the sound legal advice you

Personal Injury

The Biggest Distractions Drivers Face and How to Avoid Them

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The Biggest Distractions Drivers Face And How To Avoid Them When most people think of distracted driving, texting while driving is often the first thing that comes to mind. Unfortunately, there are many other different types of distractions motorists face while behind the wheel. Many of these seem relatively innocent and safe, but truthfully, they cause just as many fatal accidents as crashes involving cell phones. It is crucial that all drivers know what these distractions are, so they can avoid them and avoid being held liable for a distracted driving accident. Below, our Baton Rouge personal injury lawyer outlines the biggest distractions drivers face. Texting And Driving Of course, holding a cell phone to text, post to social media, watch videos, and more is one of the most common forms of distracted driving. Texting while driving is of particular concern with younger drivers, who are already at a higher risk of being involved in a crash. When drivers hold their phones, they take their hands off the wheel and their eyes and focus off the road. The best ways to avoid texting and driving, particularly for those who may find notifications on their phone hard to ignore, include the following: Silence notifications or turn your phone off while in the car Keep the phone out of reach, such as storing it in the glove compartment Use settings or apps to send bounce-back messages letting people know you are busy Ask a passenger to read and respond to text messages If it is absolutely necessary to send a message, pull over to a safe spot first Eating, Drinking, And Smoking Having a large cup of coffee sitting beside you may seem essential on a long road trip, or you may want to eat while on the road to save yourself some time. Eating, drinking, and smoking are all major distractions when you are behind the wheel, though. You may fumble to open packages using just one hand or to keep food from spilling. Burning your lap or hand with hot coffee can cause you to swerve violently or slam on the brakes, causing someone to rear-end you. To avoid these distractions: Eat before heading out on the road, and make use of rest stops that offer refreshments along the way If you need to have something to drink, take a small sip and place the cup down so you are not continuously holding it and driving with one hand Leave things that have dropped or spilled until you can pull over safely to retrieve them Daydreaming You may think there is nothing wrong with letting your mind wander a little while you are driving. However, driving requires all of your attention so you can react within just seconds. According to the Insurance Journal, daydreaming is responsible for 62 percent of fatal car accidents. You can avoid this by: Not driving while you are highly stressed or emotional Avoiding intense conversations with other people while in the vehicle If it is absolutely necessary to send a message, pull over to a safe spot first Passenger Interference It is not always easy to avoid having passengers in the vehicle, but it is important to ensure they do not become a distraction. Passengers have a very important role in ensuring everyone gets to their destinations safely, and when they are loud or rowdy, they can take the driver’s eyes and focus off the road. To prevent this from happening: Keep conversation and music at a reasonable volume Tell any passenger in the front seat that they are responsible for helping with GPS systems, adjusting climate systems, and more Limit the number of passengers in your vehicle when possible Adjusting Controls Technology today has made voice commands possible, making it easier to adjust radio volume, navigational systems, and more without taking your hands off the wheel or your eyes off the road. Still, adjusting certain controls in the car can be a distraction that results in an accident. Some tips to avoid this include: Take some time to learn how to use technology in the vehicle, such as voice commands Adjust mirrors, seats, climate, and audio controls before heading out, or wait until you can safely pull over to make these adjustments Ask the front-seat passenger to make any necessary adjustments Grooming Many people do not realize just how frequently drivers groom while they are behind the wheel. However, this practice is quite common, particularly on long commutes. Fixing hair, applying makeup, or trying to remove or fix items of clothing are all major distractions that can cause an accident. To ensure they do not, following the below tips can help: Give yourself enough time to perform any necessary maintenance before getting into the vehicle Warm up the vehicle before getting inside, or dress for the climate Use rest stops any time an urgent situation arises Enjoying The Scenery Beautiful views and scenery are an important part of any road trip, but drivers should never become so distracted by them that they take their eyes off the road. Even when traveling on quiet country roads, an animal can dart out in front of you, or you may come across debris and not have enough time to react. The best tips for making sure your eyes are always on the road in front of you include the following: Always focus on the road in front of you and not on what is happening out the side window or in your vehicle Avoid rubber-necking when approaching or passing a car accident Rely on passengers or GPS technology when looking for an address instead of visually searching for it Our Car Accident Lawyers In Baton Rouge Can Help After A Crash You can do everything possible to avoid becoming distracted in your vehicle, but unfortunately, no one can control the actions of other drivers. If you have been hurt, our Baton Rouge car accident lawyers at Big River Trial Attorneys can determine what caused your crash

Personal Injury

Seven Critical Steps to Take After Being Hurt in a Motorcycle Accident

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Seven Critical Steps To Take After Being Hurt In A Motorcycle Accident Riding a motorcycle is a thrilling way to get around Baton Rouge, but unfortunately, it is not always the safest. Thousands of motorcycle accidents happen throughout Louisiana every year, and when they do, it is always bikers who sustain the worst injuries. Motorcycle accidents happen in an instant, and afterward, you may be suffering from severe injuries and not know what steps to take next. The actions you take now, though, are crucial. If someone else’s negligence caused your crash, you can hold them liable for paying damages for your losses. Taking the right steps can protect any future claim you file so you obtain the full compensation you deserve. Below, our Baton Rouge motorcycle accident lawyer outlines the most important things to do after a crash. Report The Accident Under Louisiana law, you are required to report any accident that results in injury, death, or over $500 in property damage. Still, even if there is the slightest chance that you do not think you are hurt, you should still report the accident. Calling the police to the scene will result in a police report being filed, and the report is an important piece of evidence when filing a claim. The police may include important information in the report, such as who was at fault for the crash. After the police have been called and the report has been filed, a Baton Rouge motorcycle accident lawyer can obtain a copy of it for you. Seek Immediate Medical Treatment Motorcycle accidents cause some of the most severe injuries. It is critical that you seek medical treatment for them as soon as possible so they do not become worse. Seeking medical treatment will also document the nature and severity of your injuries, making it easier for you to prove your case in the future. You may have also sustained some injuries that were not apparent right away. For example, you may have suffered a concussion but not realize it in the moments following a crash. A doctor will know what injuries to look for so you receive proper treatment and so they are all fully documented. Follow Through With All Medical Treatment Not only is it essential to seek medical treatment immediately after a motorcycle accident, but it is also just as critical to follow through with all recommended medical treatments. If you fail to attend medical appointments or do not complete all treatment, the insurance company will use that as evidence that you are not really as injured as you claim. On the other hand, following through with all medical treatment shows the insurance adjuster and possibly a jury and judge that you are as hurt as you say and that you are experiencing a great deal of pain. Do Not Speak To The Insurance Adjuster You may be surprised at how quickly an insurance adjuster will call you after your accident. They may act very friendly and as though they want to help you during this difficult time. They do not. They want to obtain a statement from you so they can take your words out of context in the future and use them as reasons to deny your claim. If the adjuster offers you a settlement at this time, which is common, it will not be enough to fully cover the cost of your injuries and other losses. You should not accept the settlement offer and never sign anything the adjuster gives to you. Also, do not allow them to look at your damaged motorcycle. When an adjuster contacts you, direct them to your Baton Rouge motorcycle accident lawyer. A lawyer will not allow the insurance company to use any of their common tricks in an attempt to deny or reduce the fair settlement you are entitled to. Keep Detailed Notes Motorcycle accidents are traumatic, but still, over time, your memories may fade. It is important to keep detailed notes about some aspects of your accident to help keep your memory fresh. Write detailed notes about your recovery process, the amount of pain and discomfort you feel, your emotional state, and other important information. Also, detail how your injuries and the pain you have suffered have affected your daily life and relationships. You will also receive a lot of documentation following a motorcycle accident. You should store all of this information in a safe place so you can access it easily when needed. Some of the most important documentation to keep includes: Medical documents pertaining to your doctor’s visits, prescriptions, and other medication, and laboratory results The date and cost of every visit when you received treatment Photographs of your injuries immediately after the crash and throughout the recovery process Receipts for any out-of-pocket expenses, such as the cost of transportation to and from doctor’s appointments Review Your Insurance Policy Some auto insurance policies have specific requirements for reporting accidents. An insurance policy is a contract with your insurer, and as long as the language complies with state law, you must follow its requirements. If you do not report the accident in the manner outlined in the policy, your insurance company may have the right to cancel the policy. Insurance policies are not always easy to understand, as they are often filled with legal jargon. A Baton Rouge motorcycle accident lawyer can review your insurance policy for you to make sure you comply with any requirements listed within it. Call Our Motorcycle Accident Lawyers In Baton Rouge The recovery process after a motorcycle accident is a long one, and you will have a lot to think about. You must follow through with medical treatment, and you may be suffering from significant pain and emotional trauma. Now is not the time for you to collect evidence or negotiate with the insurance company. At Big River Law, our Baton Rouge motorcycle accident lawyers can handle every detail of your claim, so your only focus can be on getting better. Call us now or contact us

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