Don’t Let Driving Emergencies Take You by Surprise

There are two golden rules to remember when driving – expect the unexpected and be ready for anything. Many agencies, such as the National Safety Council, have compiled listings of the most common road emergencies and the ways that drivers can best handle them safely. Let’s look at six of them:

1. Blown Tire

Don’t over-steer, but do maintain a firm, steady grip on the wheel to keep the vehicle going in the desired direction until you’re able to slow it down. Keep in mind that a front blown tire will cause the vehicle to pull toward the blowout’s side, while a rear blown tire will cause the vehicle’s rear end to weave. Apply your brakes smoothly and slowly enough that you can pull the car to the side of the road at a safe speed. Never immediately swerve to the side of the road or jam on the brakes as you could lose control.

2. Blown / Malfunctioning Headlights

Slowly brake and come to a stop on the right shoulder. Try to get as far away from passing traffic as possible. Turn on your emergency flashers, if they’re still operational, and place road hazard markers or flares at least 300 feet from the rear of your vehicle. If you don’t have a cell phone to call for roadside assistance, then you can open the hood and try to scrape the battery cable’s lead terminal posts and the inside of connector lugs. This may provide a better connection and enough intermittent light to make it to a phone. As a last resort, you could use your emergency flashers as an intermittent light source if they’re on a separate circuit.

3. Skidding Vehicle

Remove your foot from the gas. Steer into the direction of the skid until you feel your rear wheels get traction again. Now, straighten the wheel. Never jam on the brakes or over-steer during the skid. To avoid skidding to one side when you need to come to a sudden stop, you can rapidly jam and immediately release the brakes. For those with anti-lock brakes, keep your foot on the brake and continue firm pressure while steering.

4. Engine Failure

Turn your right signal on and let the vehicle’s momentum carry you to the shoulder. If this isn’t a possibility, then remain in your lane or along the right side. Pump your brakes and turn your emergency flashers on to let other drivers know you’re in trouble. Once you’ve come to a stop, you’ll ideally exit the vehicle on the side without traffic flow. You can alert other vehicles by placing reflectors or flares; keeping your taillights on; and placing a white cloth around your handle, spoiler, or antenna. Use your cell phone to call for help or flag down a law officer. There may be an emergency call box on long bridges.

5. Stuck Accelerator

Turn off the ignition and apply the brakes. Keep in mind that your power assist feature will no longer work and braking and steering will be more difficult. Never lean down to handle the gas pedal, but you can try to lift the pedal with your toe if the pedal and throttle linkage have a positive connection.

6. Brake Failure

If your brakes still functioning properly, but you have a system light indicating a brake failure, then you should slowly take the most level route to a service station or mechanic shop.

If your breaks don’t feel normal, but are still offering some resistance, then pump them rapidly. This action could build enough hydraulic pressure to slow your vehicle down. You might be lucky enough to have a clear road and be able to coast to a stop or roll and apply your parking brake. Use your horn and flash your lights to alert pedestrians and other vehicles. You might need to carefully sideswipe hedges, snow banks, parked cars, and/or guardrails to help your vehicle stop if your on a downward, steep roadway. Never swerve to the left of a vehicle in your path unless it’s your only choice. If you’re headed straight for another vehicle, firmly press the brakes; head for a shoulder, ditch, or open ground on the right side; and try to alert others with your horn.

Driving emergencies are hard to think through as they’re happening. For the best outcome possible, you’ll need to know what the potential emergencies are, know how to safely deal with them ahead of time, and make the subjects part of your family’s safety discussions.

Proper Maintenance Can Help Businesses Prevent Weather-Related Slips and Falls

It’s that time of the year when snow, sleet and ice are a fairly common occurrence in many parts of the country. Such weather conditions pose serious problems for business owners because walkways become slippery and increase the chances for employees and customers to fall.

While you can’t control the elements, you can reduce your liability by staying alert and eliminating hazards that cause falls. One such hazard is the accumulation of ice and snow that results because deicing measures were inadequate or not properly applied.

The first step in effectively deicing a walkway is to choose the correct treatment. When selecting chemicals to melt ice, keep the following points in mind:

·   Rock salt is the most common method and the least expensive of the ice-melting chemicals. It is easy to find and can melt snow and ice until the temperature drops below 20є F. Rock salt, however, also releases a large amount of chloride when it dissolves. This chloride can pollute streams, rivers and lakes and kill vegetation. It also causes metal to corrode.

·   Calcium chloride is a deicing agent that is manufactured in small, round, white pellets. It melts snow and ice even when the temperature falls below 0є F. It is much less toxic to plants than rock salt, but it can still damage them if applied too heavily.Calcium chloride can corrode concrete.

·   Potassium chloride is a deicing chemical that doesn’t irritate skin or harm vegetation. However, it only melts ice when temperatures remain above 15є F. It must be combined with other chemicals to melt ice at lower temperatures.

·   Magnesium chloride melts snow and ice until the temperature drops below -13є F. It releases nearly 40 percent less chloride into the environment than either rock salt or calcium chloride. It is also less damaging to concrete surfaces and is less toxic to plants, trees and shrubs.

Once you have selected your deicing agent, follow these tips from the Iowa Transportation Center at Iowa State University to be sure you maintain an ice and snow-free walkway:

·   Apply deicing chemicals before a storm and remove snow/ice during and after the storm. Use plenty of deicing materials. Using too little will leave patches of ice.

·   Aim for evaporation. If the water can drain and there is full sun or even reasonable wind, the ice will evaporate. Dry pavement is a clear indication there is no ice.

·   Use a friction additive. Sand is the most popular because it’s inexpensive. Use enough to ensure that anyone walking on the surface has enough traction.

·   Check and treat surfaces every morning, especially around snow piles where melting may have created new problem areas. Reevaluate during the day and re-treat as needed.

·   Remember that a clean-looking surface is only “safe” if it is dry. A wet surface can quickly become icy in the shade or overnight.

·   Train those responsible for safety procedures how to safely maintain walkway surfaces during icy/snowy weather.

On-line Insurance as Opposed to an Insurance Agency: What’s the Difference?

Just as one may use a CPA to prepare their income taxes or an attorney to help them with their estate planning, many choose to use an insurance agency to write their insurance policies. This choice is mainly made because a person feels they need professional advice during the process. Of course, everyone will have different needs and circumstances surrounding their purchase, and this is why an insurance professional’s advice can be an invaluable asset.

If you’re debating buying insurance on-line versus through insurance agency, then you should ask yourself a couple of questions:

* Do I know for certain what specific coverage(s) I need?
* Do I know all the questions I should be asking before making an insurance purchase?
* Will the on-line purchase truly result in both time and money savings?
* Can I obtain all my insurance policies through a single on-line insurance provider?
* Can I call the on-line insurance provider and receive insurance advice when needed?
* Is the personal information I’ll be providing kept secure?

You want to know exactly what coverage you need and that the insurance you’re purchasing meets those needs adequately. Insurance can vary greatly from state to state, meaning that it’s equally important for your insurance source to be knowledgeable. You certainly don’t want to purchase an insurance policy and discover down the road that it doesn’t protect you during a claim. Making an insurance purchase with an on-line company that fails to connect professional insurance advice to your personal insurance needs can leave you at risk of being without the coverage you need. You shouldn’t be the only one taking time to ask questions. The on-line insurance company must ask you questions in order to ensure they’re recommending the appropriate coverage(s).

One of the best ways to determine if you’re really saving money by purchasing your insurance on-line is to get a quote of your policy on-line. Do keep in mind that most on-line companies don’t offer multi-policy discounts, such as for home and auto. This is because most offer homeowner’s insurance through a different company, if at all. On the other hand, an insurance agency typically allows you to select coverage from several different insurance companies and can help you determine which company will offer you the most favorable rates for your particular risk type. Another consideration is that insurance agencies typically have a much more stringent screening process in relation to these insurance companies.

Unlike insurance agencies, many on-line companies will either not have the services that you need readily available or have a system that you must sign into and learn to navigate before being able to obtain what you need. One such example would be obtaining insurance documents, such as a certificate of insurance. Let’s say you’re using your vehicle to take your child and some of his/her classmates on a field trip. You learn the day of the trip that you must have evidence of your insurance before going. If you use an insurance agency, the documented can be faxed or emailed to the school or your smart phone with a quick and simple call. A second example would be how an insurance agency can help you meet some very challenging needs associated with needing a hard to place insurance policy. Despite the trend for on-line shopping, insurance agencies continue to thrive because of the solid reputations they build from customer satisfaction.

Insurance is often required – auto insurance by your employer, homeowner’s insurance by your mortgage lender, or even coverage(s) an owner of a space you’re trying to rent for a professional or personal function may require of you. Such requirements can often be like trying to understand the tax code. If you use an insurance agency, then you can email or fax any insurance requirements to your insurance agent for quick and efficient resolution.

Carefully consider how you go about purchasing your insurance. Surprises are the last things you want when it comes to the vital protection of insurance. If you have any uncertainty about what you’re really getting with on-line insurance, then you might want to rethink your decision. If you’d like to avoid the one-size-fits-all approach of on-line insurance and receive the knowledge and expertise of an insurance agent, then you may consider opting for a professional, independent agent to prepare your insurance policy.

What Should You Consider When Shopping for Lawyer’s Professional Liability Insurance?

Controlling expenses is an important consideration in the management of any law firm, so it isn’t unusual that a firm shopping for liability coverage would take premium rates into consideration. However, even though rates are important, they shouldn’t be the overriding factor in your decision to purchase a particular policy. There are a number of other aspects you should consider to ensure you receive the best coverage for your premium dollar.

The first of these considerations is whether your policy has eroding coverage.  In some liability policies, the coverage limits include defense costs. When you file a claim, the amount of coverage for settling the claim or paying a judgment against you decreases as you incur defense costs. This type of policy is referred to as having defense costs “inside” the policy. There are policies in which the defense costs are “outside” the policy, which means they are not subtracted from the amount of coverage. In some cases, policies with outside defense costs have a cap after which the defense costs are subtracted from coverage limits.

The second consideration is whether the policy deductible includes defense costs. If the deductible is only applied to liability, the insured firm doesn’t have to pay it until there is a settlement/judgment. However, if the deductible includes defense costs, the insured pays as soon as defense expenses begin to mount until the deductible is paid in full.

Another condition that you will want to note is whether your carrier can settle a claim without your consent. Some policies have what is known as a “hammer” clause that prevents the insurance company from settling without the consent of the insured. There is an extenuating circumstance to this clause in that, if the insured refuses to consent, the carrier is only liable for the amount for which it would have settled.

You also need to determine if your policy gives you the right to select your own defense counsel. More than likely, if you are a small firm your carrier will retain the right to choose your defense counsel. This doesn’t mean that you won’t have any input at all. Most insurance companies have a panel of defense attorneys and generally allow the insured to select from this panel. Larger firms can typically select their own counsel but the carrier must approve.

All current Lawyer’s Professional Liability policies are issued as “claims-made” policies, which means that a claim must be made and reported to the carrier within the life of the policy. To prevent coverage gaps if your firm is changing policies, you should select a new policy that has a “prior acts coverage” clause. This will extend your coverage so that any claims that existed before the new policy started will be covered. If you don’t have prior acts coverage, your former claims-made policy will not cover claims that developed after it expired and your firm will be without coverage for those claims.

A number of changes in both federal and state court procedures have made sanctioning more commonplace. The cost to defend your firm against a sanction or to pay the monetary penalty associated with it can be extremely expensive. That’s why you will want to ensure your liability policy provides coverage for these occurrences.

The final consideration is whether the policy requires a new deductible if there are multiple claims made in the same policy year. Some policies only require the deductible to be applied to the first claim made in a given policy year. Other policies treat the deductible on an aggregate basis. The policy will stipulate a specific deductible dollar amount per claim, with a cap on the total deductible dollar amount in the aggregate that the insured will have to pay before coverage begins. If neither of these scenarios is spelled out in your policy, your coverage most likely requires applies deductible for each claim.

Are Your Valuable Collectibles and Antiques Adequately Protected?

Many Americans have a passion for collecting costly antiquities, while others may simple inherent some valuable antiques from their relatives. Either way, these antiques are often not adequately protected under a typical homeowner’s insurance policy. Being inadequately insured could mean significant financial and emotional loss if something were to happen to one of your antiques.

As far as antiques go, a standard homeowner’s insurance policy may very likely include restrictive coverage and limits and have a valuation only on the actual cash value. Before you mistakenly assume that adding a personal property replacement cost endorsement to your homeowner’s policy will provide you with coverage, you should realize that the endorsement lists several ineligible properties, including antiques, paintings, art, and memorabilia. There are also several coverage restrictions, such as excluding coverage if the antique is accidentally scratched or broken.

Here are six tips that may help you better protect your valuable antiques and collectibles:

1. Make an inventory of all your antiques and otherwise valuable collectibles. Take pictures and videos of each item, making sure to capture the item from all angles.

2. Ensure that your antiques and collectibles are appropriately stored and adequately secured.

3. For items of a lesser value, a general value assessment can be obtained for free online if you have a good photo and description for the antique or fine art dealer. For extensive or high-value collections, you certainly need to consider contacting an experienced antique appraiser. Most appraisers will need to inspect high-value pieces in person. The appraisal should include the replacement value, auction value, a description, and any comments the appraiser has about the item. Of course, this will most often involve a fee-for-service. Make sure the appraisal is done as per the requirements and codes of the American Appraisers Association -and- American Society of Appraisers.

4. Common, less valuable objects can usually be valuated online with the use of internet auction sites like eBay. This can give you a good market value for an item. Make sure you note both the asking and closing price of the item, but remember that the closing price will give you the best idea of the true value of the item.

5. Schedule an appointment with your insurance agent to determine if your existing coverage adequately covers and protects your antiques and collectibles, and, if not, what coverages you may need. Be sure to bring your inventory, photos and videos, and appraisals to the appointment.

6. Ask your insurance agent about a personal inland marine policy or endorsement, which can be added to your existing homeowner’s insurance policy to schedule your items on an agreed value based on the item’s appraisal. Although the above may also contain an exclusion for breakage, the exclusion can usually be eliminated for an extra cost.

Workers’ Comp Employer Costs Rose Faster Than Benefit Payments in 2004

According to a study released in July 2006 by the National Academy of Social Insurance, employer costs for workers’ compensation grew faster than combined cash and medical payments to injured workers in 2004, the most recent year for which data is available. Combined benefit payments for injured workers increased 2.3 percent in 2004 compared to prior year levels, while employer workers’ compensation costs rose by 7.0 percent for the same period.

Combined benefit payments fell by 3 cents for every $100 of covered wages, from $1.16 to $1.13. The chief contributor to this decline was the state of California, where benefits dropped by 10 cents per $100 of covered wages. Nationally, premiums paid for workers’ compensation insurance rose by 3 cents per $100 of covered wages, to $1.76 in 2004. The increase was the smallest annual increase since 2001.

Despite the recent rise in costs, both costs and benefits in 2004 remain far below their peak levels. Total benefits were at their highest in 1992 at $1.68 per $100 of covered wages, 55 cents higher than the 2004 figure. Employer costs were highest in 1990 at $2.18 per $100 of covered wages, 42 cents higher than in 2004.

Since 2000, the rise in benefit payments has resulted from increased spending for medical care. Spending for medical treatment rose from 47 cents in 2000 to 53 cents per $100 of covered wages in 2004. Spending for cash payments to workers remained the same during this period at 60 cents per $100 of wages.

There are specific actions employers can take to curb workers’ compensation costs. The first step is to examine accident records for the past three years. Take each year’s reports and examine as a whole. While reviewing look for specific accident causes and note hazards that should be remedied. You should also be looking for injury repetition and in which department injuries frequently occurred.

The next step is to conduct a physical analysis of the workplace. Utilize your health and safety committee as the catalyst, but be sure workers are also involved. Look for equipment hazards that need replacement or repair. Then search for environmental hazards such as chemical exposures, noise, temperature and ventilation issues.

The third step is to look for task or ergonomic hazards. Request employee input to encourage workers to take ownership of safety in their departments. When workers provide input, make sure actions resulting from their suggestions are documented in health and safety committee minutes and posted on bulletin boards in common areas. If employees do not feel their suggestions matter, they won’t bother to suggest improvements in the future.

Are Your Safe Driving Skills Up to Par?

As if we didn’t already have enough distractions, on-board GPS systems, portable DVD players, iPods, and Smartphones have created more driving distractions than ever before. And, it’s certainly not atypical for a vehicle to simultaneously have ringing phones, cartoons blaring from the backseat, a GPS incessantly yelping orders out, and fast-food fries flying around like ninja weopons.

Even though elements like the above have been proven to make it nearly impossible for a driver to devote their full attention to the road at all times, many drivers still think they’re perfectly safe drivers. Here’s a simple yes -or- no quiz that you should take to really determine just how safe you are when driving with distractions:

1. So long as I’m not watching, it’s okay for passengers to watch a movie on the vehicle’s in-dash video screen?

The answer is no. Not only do most front seat, in-dash video screens generally have a feature that prevents it from showing entertainment or business video when the car is moving, but it would also be completely unsafe to do so since it would inevitably catch the driver’s peripheral vision and distract them. Furthermore, many state laws regulate the placement and use of on-board video screens.

2. Have there been any criminal cases alleging electronic devices were the causative factor in vehicle accidents?

The answer is yes. One example would be a 2004 case that took place in Alaska. The driver was allegedly watching something on his DVD player when he struck another vehicle and killed two people. Although the driver claimed he was only adjusting his CD player, he was charged with second-degree murder on the premise that he engaged in conduct showing an indifference to human life.

3. In-dash monitors for rear-view camera and navigation purposes can be installed in the front seat?

The answer is yes. If the device has the feature that prevents it from showing entertainment and business video, then it can be installed and used in the vehicle’s front seat.

4. It’s okay to drive as you eat or drink?

The answer is no. While driving as you drink coffee or eat a granola bar usually isn’t the distraction that watching a movie or text messaging is, it’s still an unsafe driving practice. The bottom line is that doing and thinking about anything aside from driving can distract you from the road and lead you to look away, remove your hands from the steering wheel, or become mentally preoccupied.

5. Does driver distraction cause very many accidents?

The answer is yes. Over 6 million crashes, 3 million crash-related injuries, and 42,000 crash-related deaths occur each year in the U.S., of which driver distraction accounts for 1.2 million to 1.8 million, or roughly 20-30 percent.

6. Do federal laws govern the use of mobile devices like a GPS in moving vehicles?

The answer is no. In some states, there are state laws that prohibit the use of hand-held cell phones in moving vehicles, but there aren’t any federal laws regulating the use of mobile devices in a moving vehicles.

7. Can the National Highway Traffic Safety Administration (NHTSA) regulate cell phone usage in moving vehicles?

The answer is no. Cell phone laws are enacted at the state or local levels. However, NHTSA is able to regulate the use of motor vehicle equipment and devices.

8. Are lawmakers concerned with vehicle crashes related to driver distraction?

The answer is yes. Over the last decade, several states have already passed or presented legislation related to driver distraction and vehicle crashes, and the number of states looking into such laws grow every day.

9. Do any states totally ban hand-held cell phone use while driving?

The answer is yes. Nine states, including California, Connecticut, Washington, New York, New Jersey, and Utah, prohibit all drivers from using hand-held cell phones while driving. Additionally, 30 states and the District of Columbia ban novice drivers from using both hands-free and hand-held cell phones.

10. Can your employer be held liable if you’re using a cell phone and crash into someone or something?

The answer is yes. Your employer can be held liable in a court of law. Under respondeat superior, an employer can be held liable in civil court for employee acts committed within the course of employment.

How many did you get right? Maybe you’ve learned a few new facts, or maybe you gained a new respect for what you already knew. Either way, it’s time to put down the food, turn off that cell phone, and start keeping your mind and body focused on the road ahead of you. 

Worker Found Eligible for Compensation from Seizure Related Injury

In an August 2006 ruling, Connecticut’s Supreme Court ruled that the claimant in the case of Michael G. Blakeslee Jr. vs. Platt Brothers & Co, who was injured when co-workers tried to help during a seizure, is entitled to workers’ compensation benefits. Typically, workplace injuries caused by a seizure wouldn’t be eligible for compensation because the injuries arise from the medical condition itself and not from conditions in the work area. In the Blakeslee case, the claimant received two dislocated shoulders on February 13, 2002, when three co-workers tried to restrain him during his seizure. He had fallen near a large steel scale, and then started flailing his arms and legs as he regained consciousness.

The claimant filed a workers’ compensation claim contending that because the actual injury resulted from the restraint, and not the seizure itself, the shoulder injuries should be covered. The claimant argued that an injury received during the course of employment is eligible for compensation even if infirmity due to disease originally set in motion the final cause of the injury. The claimant also asserted that an injury inflicted by a co-employee is eligible for compensation, unless the injured employee engages in unauthorized behavior or the injury is the result of an intentional assault.

Initially, a workers’ compensation commissioner decided that Blakeslee was not entitled to workers’ compensation benefits. The commissioner determined that the claimant’s injuries resulted from a chain of events set off by a grand mal seizure unrelated to his employment. A workers’ compensation review board agreed with the finding. The review board stated that there is a prerequisite requirement for eligibility for compensation, which the claimant overlooked. The cause of the injury must arise out of the employment and work conditions must be the legal cause of the injury. The review board contended that the claimant’s seizure caused the need for first aid, which caused the injury. There was no element of the claimant’s employment involved.

Five out of seven Supreme Court justices reversed the board’s ruling. They were not persuaded by the argument posed by Platt Brothers, and the employer’s insurer, Wausau Insurance Co., that finding for the defendant would be in direct opposition to public policy because it would prevent employees from assisting co-workers in future medical emergencies. The majority noted that the co-workers restrained Blakeslee to keep him from harming other employees as well as himself. Their actions benefited the employer. The action was directly related to the employment and would therefore be eligible for compensation.

The two dissenting justices argued that the Supreme Court should not have accepted review of the case.