Okay, so you've just become a victim of one of the 3 million car crashes that occur each year in the U.S. This article is going to assume that you were an innocent victim and that another party was at fault. What you do immediately after the collision will have lasting effects on the outcome of your situation.

In a perfect world where everyone is fair and all parties take responsibility for their actions and abide by their agreements, an accident is pretty straight forward: You get hit, the other party gives you their insurance information, you call them, they arrange to repair your vehicle and they offer to pay your medical expenses, any lost time from work and a sum for the time you had to endure pain and were unable to enjoy your life in a normal fashion.

The problem is, it's far from a perfect world. People and insurance corporations do not take personal responsibility and do not uphold their agreements. Therefore, you must take charge and not assume everyone is going to do their share.

What to do immediately after the collision: Take inventory of your body and your passenger's well-being. If anyone is bleeding, have them apply pressure to the wound. If anyone is unconscious, do not move them. Check for pulses and breathing. Immediately call 911. Administer emergency care like CPR if needed. If you have an unconscious passenger, or one that is severely injured or if you are severely injured, try to remain calm until help arrives. Do not move the vehicle or the injured party unless there are signs of a fire or other imminent danger.

If no life threatening or severe injuries have occurred, move your vehicle to the side of the road and out of traffic. It does absolutely no good to get out of your vehicle and inspect damage in traffic lanes. It only causes traffic congestion and other secondary accidents. It won't make any difference legally if all the cars are lined up or not. Just make sure to note which cars were where and the sequence the collision occurred in. Call 911 and report the accident and ask for local police (for surface streets) or Highway patrol (freeways and toll roads) to respond. Many local police agencies will not write a report on scene unless there are injuries, severe vehicle damage or you are blocking traffic because your vehicle won't move.

Once the authorities have been notified, go out and exchange information with the other parties involved. Take a piece of paper and pen with you and write down the name, phone number, make and model of vehicle, color, license plate number and insurance information. DO NOT ARGUE. Don't cause a scene at the scene. Don't insist on an apology or demand the answer to "What were you doing?! Why did you hit me?!" Dispassionately gather information. If you get upset and rant, the other party is less likely to cooperate. If your cell phone has a camera, take pictures of the other vehicle and the damage of your vehicle as they sit at the side of the road. Get photos of all vehicles involved if it is a 3 or more vehicle collision, even if the other vehicles did not hit yours. This information may be needed later to settle any disputes over liability.

Once authorities arrive at the scene, calmly and assertively explain what happened. If you or anyone else in your vehicle feels any discomfort at all, do not be brave and minimize it. Often injuries develop over the course of a few days and can even be delayed by weeks or months. If you report at the scene that you are "fine," and then a week later you awake with severe neck pain or develop a disc injury months later as the result of the crash, these words can come back to be used against you by an insurance company that doesn't want to pay your medical bills. Just tell them honestly, I have a headache, my neck is stiff or my knee hit the dash and it hurts, etc. Don't exaggerate or lie, but do not trivialize your potential injuries either. At the scene you do not know if you are injured. If another party claims incorrectly, you were at fault, do not argue with them. Instead explain your side rationally to the police at the scene. Between your calm statements, photos and the police officer's "BS" detection instincts, the truth almost always prevails.

The authorities may ask if you need an ambulance to take you to the hospital. Here are some examples of when to go to an ER room: dizziness, bleeding, cannot move neck or neck pain is significant immediately after the collision, loss of consciousness or disorientation, suspected leg or arm fractures, drowsiness or slurred speech, numbness, shooting pains or inability to move fingers, hand or arm. These are signs of possible severe injuries or spinal damage and require stabilization and evaluation by an ER physician. The vast majority of life threatening or very serious injuries will be discovered in the ER. But, ER doctors often overlook moderate whiplash and other strain type injuries, so if you are told "you're fine... you're just strained... it will go away in a few days..." that is bad medical advice.

Once all information has been exchanged and the police have taken a report, it is time to carefully leave the scene. Carefully because accidents cause other drivers on the road to seemingly lose their minds and veer right for them like bugs to a light. You don't need another collision! If the police do not respond to make a report. Drive directly to the local police station to make a traffic accident report. This is important! You must do this right way. If no objective authority files a report, it's your word against the other person's. Making a report right away gets your side of the story documented.

Whether you feel pain or not it is important to call and make an appointment with a physician specializing in automobile accident injuries. Such a professional will always make room for you within 24 hours because they understand that immediate evaluation is necessary not only medically, but to protect your legal rights as well. Your family medical doctor or chiropractor who is not specifically trained in and does not devote the majority of his or her practice time in personal injury matters, is not qualified to take care of your unique condition. Accidents are intricate and there are many bases to cover to ensure any injuries are detected, documented fully and cared for correctly. That's where a specialist can help you immensely.

Your next call is to the other persons auto insurance company. Don't put this off until tomorrow. Do it within an hour or so of the accident. Give them all your information and the information given to you by their insured. Inform them you will be seeking a medical evaluation within 24 hours. Next, call your own insurance company and let them know you have been in a collision. Give them all the other party's information.

After the dust has settled, and you've made your calls, try to relax. Take out a pad of paper and write down briefly everything that happened. In time your memory will fade and you may forget about important details. Write them down while they are fresh in your mind. Check your body for any bruising, redness or scrapes on the side of the neck, over the collar bone and chest, which often appear due to contact with your seat belt. Look for bruising on your abdomen where your lap belt is. Check arms and legs for bruises and your head for tenderness. Collisions occur so rapidly that you may not even be aware that you struck your body on the interior of the vehicle or against one of your passengers. Photograph any visible signs of injury from about 3-4 feet away.

Well that about does it. You've done all you can to properly manage the immediate aftermath of your accident. Your next steps are to report to your personal injury specialist physician for an evaluation and to continue contacting the other party's insurance company until they have made a report and given you a claim number.

References:

Gotten N: Survey of one hundred cases of whiplash injury after settlement of litigation. JAMA 162(9):865-867, 1956.

Deans GT, Magalliard JN, Kerr M, Rutherford WH: Neck sprain--a major cause of disability following car accidents. Injury 18:10-12, 1987.

Braaf MM, Rosner S: Symptomatology and treatment of injuries of the neck. NY State J Med 55:237-242, 1955.

Loro MBG-M, Yuste PG, Perez CG, Garcia MTM, Lorenzo AH. Epidemiology of traffic crashes in a general hospital. 43rd Annual Proceedings of the Association for the Advancement of Automotive Medicine. September 20-21, 1999, Barcelona, Spain, 437-438.

Richter M, Otte D, Pohlemann T, Krettek C, Blauth M. Whiplash-type neck distortion in restrained car drivers: frequency, causes and long-term results. European Spine Journal 9:109-117, 2000.

By: Dr Barry L Marks D.C.
Dr. Barry L. Marks, DC...chiropractor, author and lecturer. He is a former Associate Clinical Professor and has been in practice since 1986. He has specialized training in whiplash and brain trauma from auto accidents and vehicle crash reconstruction. His expert opinion is often sought in connection with whiplash and other injuries due to automobile collisions. You may reach Dr. Marks at his Orange, CA office at (714) 938-0575. His articles and ebooks can be found at http://www.drmarks.com and a Free Consumer's Guide, "What You Should Know If You've Been Invovled in an Auto Accident" can be found at drmarks.com/auto_accident_whiplash_treatment.html

Sexual harassment is a legal term which is defined as the unwanted, unwelcome sexual advances of another person. While sexual harassment is never acceptable, it becomes an even larger problem when it occurs in the workplace or at school, and in those environments are the only places laws cover. There are many situations in which sexual harassment can occur, but the following are the most commonly reported.

Facts About Sexual Harassment

The victim does not have to be the opposite sex of the aggressor. Same-sex sexual harassment complaints are receiving more and more attention nationwide. Same-sex harassment is accepted as a valid and punishable form of harassment in the workplace.

A common misconception is that the harasser is typically the supervisor or in some way superior to the harassed. Anyone can be harassed by anyone else that they work with, regardless of their situation or station at the place of employment.The harassment must be unwelcome. A prior relationship between the aggressor and the harassed should not have taken place, or the validity of the claim may be questionable.

The victim is not necessarily the one who was harassed but could, in fact, be anyone who was affected in a negative way. Another office worker who was offended by the conduct or comments of his or her co-workers could in fact file charges against and receive restitution from their company and co-workers.

Two Legally Recognized Forms of Sexual Harassment

There are two legally recognized forms of sexual harassment, quid pro quo and hostile environment sexual harassment.

The most common is Quid Pro Quo, which roughly translated from the Latin means "something for something." This type of harassment occurs when a persons' acceptance or rejection of the sexual advances of another individual determines the victim's economic advancement or job advancement. In proving this type of sexual harassment, the victim needs to demonstrate that there was a threat of economic loss due to the harassment. Putting employees in that situation not only affects those involved with the harassment, but also affects overall job morale and productivity.

Hostile environment sexual harassment happens when unwelcome sexual conduct occurs in the workplace and makes the work environment hostile and demanding. The workplace may involve sexual graffiti, repeated sexual advances or offensive language. While this type of harassment may not result in a tangible loss of job or promotion, the environment of working under this type of sexual harassment has serious implications for the employees' mental health.

By: Joseph Devine
If you have been sexually harassed and would like more information concerning this crime, contact http://www.orangecountyemployment.com for more information and to have all of your questions answered.

Motorcycle accident litigation often involves issues like traffic and registration law compliance, medical expenses, and liability determinations. These are the common elements considered in litigating this sort of accident.

Most states have their own laws regarding traffic and safety in motorcycle riding. These often include the helmet law and other special laws. In California, for instance, motorcycle accident law permits lane splitting, a practice that allow motorcycle riders to pass between cars or vehicles.

In most states, road rules are contained in the vehicle code, which are designed to give drivers a guideline to follow in avoiding accidents. The vehicle code also contains the list of common road violations and their corresponding penalties.

To better understand how claims litigation is done in a motorcycle accident case, it is essential to know, the main issues in question during accidents.

In most motorcycle accident cases, the two main points of contention are:

• the liability between the parties involved

• how to compensate the party not at fault

Liability for causing of the accident

In any vehicle accident, liability means driving into, or striking someone, or some thing, because you were not obeying the rules of the road. Violations of vehicle laws do not necessarily lead to civil liability. To be held liable, the violation must cause or contribute to cause of the accident or injury.

Once liability has been determined based on violation of statute or laws of the road, and the violation resulted in an accident, a lawyer will then analyze the facts and look for any contributing factors.

Comparative fault

The law of comparative fault means each party will pay for their share of the accident that they caused by not following the rules of the road.

Each accident is different and requires first a study of the applicable statutes, then the facts of each accident. It is also important to combine all the investigation with this.

Once liability is established and the amount of comparative fault is determined, then the victim, who is non-negligent or partially negligent, is entitled to damages in accordance with what they did not cause.

Damages in motorcycle accidents are categorized into five main types:

• Property damage - Damage to the motorcycle or vehicle, rental, storage, and personal items lost or destroyed

• Personal injuries - Medical expenses incurred and "substantially" likely to occur

• Wage Loss - Lost income or earning capacity, use of vacation, or sick leave

• Other Miscellaneous - expenses to the doctors, medications, special medical devices, etc

• Pain and Suffering - amount designed to compensate you for pain, your personal suffering, inconvenience, and fear, etc.

In litigation, the client will be working closely with the accident attorney in three areas:

• Interrogatories - These are methods of verifying bills, claims of injury and damages under the so-called 'verification of accuracy'. The client must provide all the information needed in response to the specific questions asked. It is better to be overly accurate than not accurate. He should answer all questions fully.

• Deposition - A deposition gives the defendant the opportunity to evaluate his claims, personality and effectiveness in facing the trial procedures.

• Offers: Offers are money for settlement given by an insurance company. Treat offers as if you are negotiating a business deal. Always communicate your opinion of any offers to your attorney.

Litigation in vehicle accidents often requires the skills of a competent motorcycle accident litigation attorney. A knowledgeable attorney who has litigation experience in motorcycle accidents cases can improve your chances of getting the rightful claim that you deserve.

By: Manuel Salvacion
For an effective approach and pursuance of your motorcycle accident claim, hire the services of our credible litigation attorneys and we pledge to exert all our efforts to win your case. We also provide free case evaluation for our clients.

Before becoming an online writer, Manuel worked as a journalist, a newspaper columnist, a scriptwriter, a fiction writer, a magazine editor, and a tutor. He acquired his legal background as a Senate legislative officer and later on, as a researcher and paralegal staff in various law offices. Someday he hoped to go back and devote more time to writing fiction, which is his first passion.

In a recent decision, a California Court of Appeals faced the challenge of applying the California Labor Code to an incentive compensation plan adopted by an employer for its employees. In his lawsuit, an employee who quit his employment with a financial brokerage company, claimed that the forfeiture provisions of the employer's incentive compensation plan violated the Labor Code, and that the enforcement of these forfeiture provisions against the employee who quit before vesting, constituted conversion of the wages he had earned.

In this case, the employer established an incentive compensation plan which allowed participating employees the option of using a portion of their annual earnings to purchase shares of stock in the employer's parent company at a price below the stock's publicly traded market price. Under the plan, if the participating employee resigned or was terminated for cause within a two-year vesting period, the employee forfeited the stock as well as the money used to purchase the stock.

In this case, prior to the completion of the two-year period, the employee voluntarily terminated his employment with the company, and consequently forfeited 82 shares of restricted stock, as well as the money used to purchase those shares.

A California Court of Appeals found that, as a matter of economic reality, employees who elected to participate in the stock-purchase program were paid all the wages the employees designated to invest in company stock. While the employee was not paid directly, that money was used to purchase the restricted stock. Those funds were deducted from the employee's pay for the purpose of purchasing stock, pursuant to the employee's request and at his explicit authorization. The Court ruled that such a deduction was lawful under the Labor Code.

The Court found that even if the employee was paid in part in shares of restricted stock, rather than cash, the plan's forfeiture provisions were lawful. Even if the Court accepted the employee's contention that he was never paid his wages, either in cash or in the form of shares of restricted stock, his claim of unlawful forfeiture of earned wages would still be rejected because the employee could not show that the funds used to purchase the shares were actually earned. The Court ruled that there was no unlawful forfeiture of earned wages because either the employee was paid all his compensation, either directly or indirectly through a deduction that he requested and expressly authorized, or he did not earn the shares or the money used to purchase the shares because he left the employer prior to the two-year period required for vesting under the plan.

By: Russell Thomas
Attorney at Law
THOMAS & ASSOCIATES
2172 Dupont Drive, Suite 203
Irvine, California 92612;
Tel: (949) 752-0101
Fax: (949) 257-4756
Email: rthomas@rjtlawfirm.com
Web: http://www.rjtlawfirm.com

J.D., Harvard Law School, 1967

Specializes in Employment Law and Litigation;
Offices in Southern California (Los Angeles and Orange County)