When is a Bicycle Accident Lawyer a must?
Riding a bicycle can be a very pleasant activity. Either for exercising or to go to work, bikes are a very common means of transportation. Enjoying a ride, feeling the sun and the air in your face and being present in the moment is sometimes interrupted by a more unpleasant and many times dangerous action: a crash.
Maybe that car turned too fast, or the driver was texting and didn’t see the biker, or perhaps they were speeding. There are so many causes and variables related to a car and bike crash that the best thing to do is to have a lawyer available for this type of situation. Each year the number of bikers increases as more people want to try and use a bike to go from home to work. But, as the number of users increases, the number of accidents increases as well.
Common causes of bike accidents
Young car drivers seem to be the ones most involved in car-bike accidents. These are some of the most common reasons studied so far:
- Not respecting the space of the bicyclists: Cyclists have to use their lane, and if there isn’t any, they have to go to the right. But sometimes, drivers do not respect their space. Many don’t consider bicycles as a vehicle, and this is a fundamental part of the problem.
- Texting while driving: This is a major mistake. Some people think that just because nothing has happened yet, they are somehow prepared to text and drive. The truth is that while texting, the attention of the driver is divided and the road goes to second place. It is impossible to look at the screen and read a message and also pay attention to the road.
Basically, our brain is not designed to look at two things at the same time and with the same attention.
- Careless driving: In this case, the driver is careless in general terms. He or she is not following the rules and drives without paying attention to the rest of the elements around him or her.
- Running stop signs: The car driver thinks nothing will happen if they run this stop sign. But the driver thought the car was going to stop. And the catastrophe arrives. You can learn more here regarding the causes and consequences of bicycle accidents.
Why should you call a bicycle accident lawyer?
Each state has a set of standards and legal protection for cyclists. This makes a car and bike crash a very serious matter. If the biker is injured or if he or she dies, a lawyer is a person that should immediately deal with the case. Cyclists share many rights with other types of motorists. Medical bills and other expenses related to the injury caused by the car accident have to be covered by the one that was responsible for the accident.
Common accident injuries
Cyclists are the ones that face higher risks when riding their bikes in traffic. The protection a bike offers is minimal, and this is why car drivers must pay close attention to their surroundings.
- Road rash: This happens when the skin hits the car or the road surface while still moving. It may be necessary to remove dirt and other debris from the skin.
- Fractures: Arms and legs are the ones mostly affected. If the biker is properly using a helmet, his or her head might have some extra protection.
- Facial injuries: Broken teeth and eye trauma can be present after an accident with a car.
- Chest injuries: Ribs are prone to being fractured if the crash happens at enough speed. Car doors opened abruptly can cause some of these injuries.
After a bike accident, you must have a lawyer who informs you about the case and gives the authorities his client’s version of the case. Medical attention has to be paid for by the at-fault motorist, and this is something an experienced bicycle accident lawyer can obtain damages for.
Maybe you don’t ride a bike, but you know somebody who does. If you care about this person and want to know more about the legal rights of cyclists and how to proceed if involved in an accident, contact a professional attorney.
Work Health & Safety Management Systems and Auditing Guidelines that you should know about
The Work Health and Safety Management Systems (WH&SMS) and Auditing Guidelines Edition 5, which were published in 2013 and updated in 2014, are an earlier version of the Work Health & Safety Management (WH&SM) Guidelines Edition 6, released in December of 2019 by the NSW Government as a key element of their Procurement Policy Framework.
They were developed to support NSW Government agencies in establishing a uniform minimum safety standard for construction work, with the aim of improving safety outcomes for all construction industry participants across all NSW government construction and infrastructure projects, whether they are financed by the public or private sector. These guidelines are specific to construction procurement and must be complied with by any construction industry organisation wanting to tender for NSW government construction and infrastructure projects worth $1M or more.
The guidelines are in line with the International Organization for Standardization’s (ISO) Occupational health and safety standard AS/NZS ISO 45001:2018 (ISO 45001 certification) and should be used, where applicable, in concurrence with Quality and Environmental guidelines when planning and implementing WH&SMS and during the preparation of WH&S Management Plans (WH&SMP).
Contractors tendering with the NSW Government for construction contracts valued at up to $1M, must be able to demonstrate that they are capable of developing and implementing an acceptable WH&SMP by submitting a WH&SMP draft before work begins. Those tendering for contracts valued at over $1M are subject to the same requirement, however, they must also possess an ISO 45001 certified WH&SMS.
NSW Government agencies must clearly articulate in their request for tender and tender documentation the specific requirements of their project in terms of WH&SM and the scope of their auditing and monitoring activities. Agencies may also include any additional stipulations in their contract with the contractor and other interested parties.
3-WHS Management System Guidelines
Compliance: Contractors’ WH&SMS must be compliant with ISO 45001 standards and should include procedures aimed at ensuring and maintaining compliance with all applicable State and Federal WH&S regulatory laws. For projects valued at over $1M, WH&SMS must be certified by JAS-ANZ.
Evidence of acceptability: To demonstrate the acceptability of their WH&SMS contractors must produce documented proof confirming its certification by JAS-ANZ. Additional evidence of acceptability is required from contractors who have had WH&S legal actions brought against them (resulting in prosecution) or who have been subject to penalties in the past three years. Corrective action documentation and proof of system modification are both acceptable evidence for demonstrating that system deficiencies were addressed.
Revocation of acceptance: Agencies may, at any time throughout the contract period, revoke the contractor’s acceptance if they deem that their WH&SMS is no longer compliant or due to recurring safety violations. They will however give the contractor a chance to comment on the situation and will give ample consideration to their explanation before making a decision. If they end up withdrawing acceptance, the contractor’s work will be interrupted until all non-conformances are addressed.
before continue you can read about iso 14001 certification for more information.
4-WH&S Management Plan Guidelines
Compliance: The WH&SMP’s role is to detail how key WH&SMS elements, including Safe Work Method Statements (SWMS), will be implemented by the contractor throughout the entire project lifecycle. Principal contractors for projects valued at over $1M must also demonstrate how their WH&SMS procedures apply to the additional responsibilities associated with the status of principal contractor.
Contractors and their service providers should work together to identify and document any high-risk work, as well as competency, training, and licence requirements and put in place adequate control measures.
Contractors must also put in place control procedures for the use of products and work practices that do not comply with WH&S requirements and for properly addressing WH&S issues through corrective action and workplace injury management procedures.
Evaluation criteria: As part of the tender evaluation process, contractors’ WH&SM capabilities are assessed against a number of criteria, including:
- WH&SMS certification status
- How WH&S was managed in a present or recent comparable project
- The existence of a present or past prosecution associated with WH&S performance
- An evaluation of a previous WH&SMP
5-Documents and records
Agencies are required to retain contractor WH&S performance records consisting of WH&SMS and WH&SMP performance reports, WH&SMP review reports, as well as comments made by contractors in response to the results of their review and performance assessments. Contractors are also required to retain and maintain a wide range of records and documents, including:
- Safe work procedures
- SWMS, including high risk construction work as defined in the WHS Regulation (2017)
- Emergency procedures
- First aid treatment records
- Incident and illness/injury reports
- Work permits and training records
- Hazard identification and risk assessments
- Audit reports
- Safety equipment records
- Safety Data Sheets
- Hazardous chemicals records
- Plant and equipment records
- Inspection, testing and servicing records
- Internal review reports
- Details of qualifications held by individuals
- Minutes of workplace WHS meetings and toolbox talks
- Injury and workers’ compensation management records.
- WHS design review records
The best way to keep such assets safe is iso 27001 certification and now you can read more about this.
Is the Law After You?
Ever get the feeling when out and about that law enforcement might be looking for you?
Such a feeling can create a fair amount of angst for most people. In fact, it can make life downright nerve-wracking.
With that being the case, you should take the time to find out if in fact there are eyes trained on you.
Use the Internet to Get You Started
In trying to determine if law enforcement might be searching for you, the Internet is a good start.
For example, do you have one or more unpaid traffic tickets? What about a circumstance where you committed a crime and never showed up for your hearing. Those and other instances could mean authorities are searching for you.
If this is the case, doing a warrant search is in your best interests.
That said there are companies online that can help you with getting such information. By giving them your personal info online, you are closer to finding out if you are in danger of an arrest.
Now, stop for a moment and think about how an arrest could complicate your life.
Among the potential problems if you have a criminal record and a possible arrest in the offing:
- Work – How embarrassing would it be if you end up with an arrest warrant at your place of business? Not only could co-workers take a different look at you moving forward, but you could even lose your job. Given your need for a job to pay your bills, an arrest at work could make life rather difficult. Moving forward, it could be a challenge to find new work if you in fact end up with a criminal record.
- Family – If you are in the process of a divorce, an arrest can make life a challenge. In the event you have children, a court could view your arrest as problematic. This means there is potential for you to not get joint or even full custody of your children moving ahead.
- House – If you are trying to rent an apartment or a room, having a criminal record can also make this a challenge. Even if your record is unpaid traffic tickets or not having paid child support, a landlord may not rent to you.
- Driving – Last, if you think there is a warrant out for your arrest, it can make you a little nervous when out in public. As such, will that impact your driving abilities? If you are looking over your shoulder when driving, it can lead to the potential for a serious accident. If this happens, your life gets worse.
While you may never have intended to let a traffic ticket or other issue with the law go unattended, you’re now there.
By taking the time to go online and do a warrant search, you will at least know what you could be up against.
So, is it time to research what is going on in your life?