Wednesday, September 25, 2019

Rising Number of E-Scooter Accidents Tied to Alcohol

Electric scooters have skyrocketed in popularity in major U.S. cities over the last several years. Although they offer a convenient mode of transportation, the rise of e-scooters has also led to thousands of accidents resulting in serious and fatal injuries. Now, a study recently published in the journal of the American Association for the Surgery of Trauma has found that alcohol plays a major role in many e-scooter accidents.

Out of 103 patients treated at three hospitals for e-scooter injuries, 79 percent tested positive for alcohol and nearly half (48 percent) had blood-alcohol concentrations (BAC) of over 0.08. That’s the legal limit in nearly all U.S. states, including North Carolina and South Carolina.

And it’s not just alcohol affecting these drivers — 60 percent of patients included in the study were also screened for drugs, and 52 percent of those tested positive.

If you’ve been injured in an e-scooter accident, it may be possible for you to obtain financial compensation for your injuries. Contact the experienced attorneys at Stewart Law Offices for a free consultation.

How Common Are E-scooter Accidents?

The Centers for Disease Control and Prevention reports that the e-scooter accident rate is 14.3 per 100,000 trips. And earlier this year, a report from Rutgers University found that the number of injuries increased from 2,325 to 6,957 over a recent 10-year period.

Head injuries and broken bones are the most common injuries associated with e-scooter crashes. Disturbingly, the majority of people injured in these accidents were not wearing helmets, increasing their risks of catastrophic traumatic brain injuries.

What Are Common Causes of Electric Scooter Accidents?

In addition to alcohol and drug impairment, e-scooter accidents happen for other reasons, such as:

  • Unsafe maneuvers (e.g., swerving)
  • Speeding
  • Riding in the road
  • Failing to cross at a crosswalk with the right-of-way
  • E-scooter malfunction
  • User inexperience

Given the growth of the e-scooter movement in American cities, it’s important for electric scooter companies like Lime and Bird to take every possible precaution to ensure that their vehicles are safe. It’s equally important for operators to abide by the rules of the road to reduce the likelihood of serious accidents.

How To Prove That Alcohol Or Drugs Was A Factor In An E-scooter Accident

One of the best ways to prove drug or alcohol involvement in an e-scooter crash is to report the accident immediately and make sure that a police officer comes to the scene. If the officer has probable cause to do so, they can ask the e-scooter rider to submit to blood/breath alcohol testing.

What Are the Laws Against Drunk E-Scooter Driving?

In many states, you can get a drunk driving charge for operating an e-scooter while drunk. A drunk scooter driver can be asked to submit to BAC testing, and because a scooter is classified as a motorized vehicle (and may be upon a roadway) in many states, DUI charges could follow.

How Can Stewart Law Offices Help Me?

Whether you’re looking for a Bird e-scooter accident lawyer, a Lime e-scooter accident lawyer, or just a skilled personal injury lawyer, the attorneys at Stewart Law Offices can help. With offices throughout the Carolinas, we can determine whether you have a valid claim and, if so, pursue maximum compensation on your behalf.

Call or contact us today to arrange your free consultation.

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Thursday, September 12, 2019

Vaping Lawsuits On The Rise In North Carolina

North Carolina Attorney General Josh Stein is moving forward with lawsuits against eight e-cigarette manufacturers, arguing their marketing is targeting children and getting them addicted to vaping.

Vaping products come in a variety of flavors. In an NPR news report, Stein noted that many of the flavors have great appeal to youngsters, including cotton candy, gummy bear, unicorn and graham cracker.

This is not the first time that North Carolina has taken a stand against e-cigarette makers. Stein has also filed suit against the e-cigarette company Juul, asking the court to limit the company’s flavor offerings to cigarette and menthol rather than more “kid-friendly” fruit and candy varieties.

Although North Carolina prohibits selling vaping products to those under 18, Stein argues age verification requirements are not enforced enough, enabling kids as young as middle-school age to get hooked on vaping.

Why Vaping Is Dangerous To Children

Although anti-smoking campaigns explain the risk of nicotine addiction and health problems associated with cigarettes, many people are unaware of just how dangerous vaping is for kids.

E-cigarettes still contain nicotine, the chemical that primarily fuels people to become addicted to cigarettes. Although e-cigs contain smaller doses of nicotine, the U.S. Surgeon General explains that any form of nicotine exposure can cause addiction and damage to developing brains.

In addition, e-cigarettes and vaping devices produce aerosols that contain carcinogens and other toxic substances, which can damage the lungs and also cause secondary exposure to innocent bystanders.

Medical professionals also say that the early use of vaping devices can increase the likelihood of children turning to cigarettes into adulthood.

Adolescent Vaping Hospitalizations Are Increasing

Children have already been harmed by vaping. Early e-cigarette marketing campaigns touted them as smoking cessation devices, or a “safe alternative” to smoking. But recently, as many as 25 teenagers and young adults were hospitalized in Wisconsin, Illinois and Minnesota with breathing problems and lung injuries suspected to be linked to vaping products.

In addition, The Centers for Disease Control and Prevention is investigating close to 100 “possible cases of severe lung illness” linked to vaping in 14 states, according to NPR.

E-Cigarette Explosions

There have also been other injuries associated with vaping devices after the e-cigarettes have exploded while in use.

The New England Journal of Medicine recently reported the case of a 17-year-old boy who had a hole ripped into his jaw when his e-cigarette exploded in his mouth. Earlier this year, a 24-year-old Texas man died after an e-cig exploded while he was in his grandmother’s car, cutting his carotid artery.

Can I File A Lawsuit Against A Vaping Company?

Personal injury lawsuits are currently being filed across the country by consumers who have been injured by exploding e-cigarettes. Many of these victims have suffered burns, facial injuries, infections and other serious injuries when the device malfunctioned, some with lasting disfigurement.

When a defective product injures someone, it is possible to seek compensation for accident-related injuries such as medical expenses, lost income, pain and suffering and related damages.

If you or your child has suffered an injury due to vaping, the best way to find out your legal options is by talking with an experienced attorney. Let Stewart Law Offices help you. Call or contact us to arrange a free consultation.

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Charlotte Airport Accident Kills Baggage Worker

A worker at Charlotte-Douglas International Airport was recently killed when his vehicle flipped after hitting a piece of luggage that had fallen on the tarmac.

The Sept. 8 accident happened at night when the worker, who was transporting baggage, noticed the dropped luggage and made a sharp turn to avoid it. The airport vehicle still struck the luggage and it overturned, pinning the driver underneath.

Any time there is a workplace accident, the Occupational Safety and Health Administration requires officials to investigate the incident to see if safety violations contributed to a worker’s injuries or death.

There were 47 workplace deaths in North Carolina from October 2018 to July 2019, according to the Department of Labor. In addition, the most current State OSHA Annual Report shows there has been a 48 percent increase in work-related deaths in the Tar Heel State over a recent five-year period.

North Carolina requires employers to purchase workers’ compensation insurance to provide coverage of medical costs and missed wages to accident victims, regardless of who is at fault for the accident.

In the case of a workplace fatality, the N.C. workers’ comp system provides death benefits to eligible family members to assist with the economic losses that result from the loss of a loved one.

Who Can Get Death Benefits After a NC Workplace Accident?

The workers’ comp laws regarding who can receive death benefits in North Carolina are not as straightforward as one might think.

Determining who is entitled to benefits is based on analyzing whether certain relationships existed between the decedent and other potential beneficiaries. Generally speaking:

  • Those who are deemed wholly dependent on the worker before his or her death are eligible to split the benefits
  • Partial dependents may receive a portion of the deceased’s benefits
  • If no full or partial dependents exist, then certain next of kin may receive a lump sum of the death benefits

The rules get more complicated if the family situation is more complex (e.g., if a beneficiary is not competent to receive the funds due to a mental disability, etc.). The best way to determine whether you are entitled to death benefits is by speaking with an experienced North Carolina workers’ compensation lawyer.

What Kind of Death Benefits Are Available?

Death benefits provide wage reimbursement for two-thirds of the deceased workers’ weekly wage for a minimum of 500 weeks.

There are exceptions to the 500-week rule, such as if the deceased worker’s beneficiary was a minor. In that case, benefits are paid up until the child’s 18th birthday, even if that extends beyond the 500-week period.

Death benefits under the N.C. workers’ compensation system also provides funds for burial expenses up to $10,000.

Other Legal Options Beyond Workers’ Comp

Workers’ compensation benefits are not the only source of compensation in a workplace accident. Sometimes, an outside third party could have contributed to the incident.

For example, many workplace injuries occur on construction sites. Construction jobs are often given to a contractor and multiple sub-contractors who work on the site at the same time. If you work for Contractor A and trip on a power tool left on the ground by someone in Company B, it may be possible to file a third-party claim against Company B for negligence.

Talk to a Charlotte Workers’ Compensation Attorney

If you lost a loved one in a North Carolina workplace accident, the compassionate attorneys at Stewart Law Offices want to hear your story. We can help you determine if you are eligible for workers’ compensation benefits and if anyone else should be held accountable for the tragic accident.

We’re standing by to help. Contact us for a free consultation today.

Sources:

The Charlotte Observer

N.C. Department of Labor State OSHA Annual Report: Fiscal Year 2018

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Tuesday, September 10, 2019

Workplace Injuries Triple Women’s Risk Of Suicide Or Overdose

Women are three times more likely to commit suicide or die following a workplace accident, according to a new study published in the American Journal of Industrial Medicine.

Researchers from Boston University found that women who suffered workplace injuries that caused them to miss at least one week of work were 92 percent more likely to commit suicide and 193 percent more likely to overdose compared to other female workers.

By contrast, their male counterparts were 72 percent more likely to die by suicide and 29 more likely to abuse drugs.

Getting injured on the job can be painful, stressful and lead to long periods of time off work. However, the tendency to focus on the physical effects of these injuries may mask the severity of psychological ones — and undiagnosed depression or substance abuse can lead to self-harm.

For this reason, it’s important for all workers to know the warning signs that someone is thinking about suicide. It’s also critical for anyone suffering from suicidal thoughts to seek help immediately.

Job Injuries Are Stressful Life Events

Women and men share many of the same risk factors for suicide. There’s never a single cause. But according to the American Foundation for Suicide Prevention, stressful life events are often triggers. Workplace injuries certainly fit in that category.

When you’re involved in a workplace accident, your entire wellbeing is put in jeopardy. There are the physical injuries to contend with, but also the financial concerns that come if you face a long recovery period or cannot return to work.

Workers’ compensation benefits can help cover medical expenses and partial wage replacement after a job injury. But it’s not always simple to obtain those benefits and not every South Carolina employee can claim them. Talking to an experienced worker’s compensation attorney can help you determine your rights if you’ve been hurt.

Recognizing The Warning Signs Of Suicide

People who are contemplating suicide communicate their feelings differently. Some talk, some withdraw and some even seem to express a sense of peacefulness that can be mistaken for “doing better.”

Watch for:

  • Statements of despair, such as “I can’t cope” or “I’m a burden.”
  • Behavioral changes (e.g., anxiety, tearfulness, or engaging in risky behaviors, drinking too much, etc.)
  • Change from normal appearance (e.g., poor hygiene, sudden weight loss, etc.)

How You Can Help A Co-Worker

If believe that a co-worker is having suicidal thoughts, you can might not know what to do. You may be hesitant about getting involved or doubt whether they are a danger to themselves. But you can and should do something.

The fact is that you’re around your co-worker every day. You may be uniquely situated to get a sense of his or her mental state, maybe even more so than his or her family.

Tips for what you can do:

  • Ask if they’re OK. Don’t be afraid to be direct about it. If their answer worries you, urge them to seek help right away. Offer to take them to a therapist or help determine what mental health benefits are available through work.
  • Visit co-workers whose injuries keep them from working. Being alone can be depressing after a workplace injury. Visit as often as possible to keep their spirits up.
  • Advise at-risk workers to call the National Suicide Prevention Lifeline at 1-800-273-TALK (8255). Someone is available to talk 24/7.

If you’re struggling after a workplace accident, don’t wait to receive the emotional help that you need. Reach out to a counselor, friend, family member or therapist to help you cope during this stressful time.

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