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Auto accidents occur each day on roads in every state, county, city and town. While many auto accidents are simple "fender benders," others result in substantial property damage and serious injury. Many injured victims of auto accidents are overwhelmed by the avalanche of telephone calls, insurance forms, accident reports, medical bills and general correspondence that is received immediately after an auto accident. Further, those that have been injured in an accident may not be in the proper frame of mind to deal with inquiries from insurance companies, whether written, recorded or verbal.
Government and public safety organizations have long studied ways to prevent injuries from motor vehicle crashes. But researchers have paid little attention to preventing work-related motor vehicle crashes. Prevention efforts must be emphasized to reduce the number and rate of occupational fatalities involving motor vehicles.
Injury prevention and control technologies such as safety belts, air bags, daytime running lights, and vehicle design were developed to improve public safety; but they may also be applicable to workers whose jobs involve driving or travel by motor vehicles [See CDC 1994]. Prevention efforts should include a combination of education, enforcement, and engineering controls. Companies with large fleets of motor vehicles can provide unique opportunities for researchers to study injury prevention strategies to begin answering the many remaining questions about risk factors and effective methods of injury prevention.
Companies must rely on their own experience when establishing safety procedures. Any employer who is developing and implementing a comprehensive traffic safety program for the workplace must gather and analyze internal data so that the company's program targets the problems that will reduce the crashes, deaths, and injuries. The recommendations presented here highlight the issues to keep in mind when developing these safety programs.
NIOSH recommends that employers take the following measures to prevent traffic-related deaths and injuries of workers from motor vehicle crashes:
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Conduct driver's license background checks on prospective drivers before they are hired.
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Establish a written policy requiring drivers and passengers to use seat belts at all times. Make sure that employees are aware of and comply with this written policy.
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Provide a seat belt for the driver and each passenger in all employer-provided vehicles. Limit the number of passengers permitted in a vehicle to the number of seat belts available.
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Ensure that drivers comply with designated speed limits in all construction and maintenance zones and on all other roadways. Establish schedules that allow drivers to obey speed limits and limit their hours of service according to regulations. Do not permit workers to drive while fatigued or to exceed posted speed limits.
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Ensure that all employees in construction and maintenance zones wear high-visibility clothing [NIOSH 1994].
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Ensure that workers use appropriate barriers and traffic control efforts while work is being performed on the sides of roadways normally open to the public.
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Train drivers in safe driving practices and proper use of vehicle safety features. Make sure that this training is performance-based and periodically repeated.
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Establish written procedures to ensure the proper maintenance of all vehicle systems.
Make sure that newly purchased vehicles are equipped with appropriate occupant protection such as shoulder and lap belts and air bags. Equip new vehicles with other safety features such as antilock brakes and daytime running lights where appropriate and feasible.
Consider adopting U.S. Department of Transportation regulations for commercial motor carriers as part of your motor vehicle safety programs. Many of these regulations provide guidance on company policies for other vehicle types and other groups of drivers.
NIOSH recommends that researchers thoroughly evaluate existing and proposed prevention strategies and further investigate the causes and circumstances of work-related motor vehicle crashes. Research areas include the following:
Classifying work-related miles driven by industry and occupation to identify industries and occupations at highest risk and risk variations by season, time of day, and State
Studying issues such as the optimal use of training and communication strategies to improve knowledge of and compliance with safety regulations by workers and employers
Determining whether existing regulations should be enforced more consistently or whether new regulations are required to reduce the number of worker deaths associated with motor vehicles
Assessing the efficacy of vehicle maintenance plans and work zone designs
Collecting and analyzing detailed data on the causes of work-related motor vehicle crashes to target effectively the most appropriate areas for intervention efforts
Determining the need for improved commercial vehicle design (such as improved occupant protection systems for heavy trucks and other commercial vehicles).
In many states, car accident victims who have suffered personal injury may be entitled to recover damages for pain and suffering, emotional distress, disability, permanent disfigurement, dismemberment, wrongful death, sautoring, loss of opportunity to enjoy life, interference with marital and/or parental relationships, and other types of general damage. Many states also allow for recovery of "special" damages, such as past, present and future medical bills, wage loss, loss of earnings potential and other out-of-pocket expenses. Some states also require that certain "no-fault" benefits be paid following a traffic accident. This type of benefit may serve to pay a portion of lost wages and medical bills.
Auto accident or car accident victims in general should appreciate that, while they are still receiving initial medical treatment, the parties at fault have already notified their insurance company of the accident. Every insurance company has a team of adjusters, investigators and attorneys whose primary responsibility is to limit the liability of the insurance company and minimize the amount of money to be paid to injured parties.
A car accident lawyer can help "level the playing field" by providing auto accident victims with information regarding the practical and legal aspects of personal injury law and auto accident claims. For a review of your claim, completely fill out the form provided below. An attorney will review your form and may contact you to discuss your claim.
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