How Do I Know If My Child Is Ready To Graduate From The Booster Seat?

When you have a child, you do anything and everything in your power to keep them safe. While you are driving putting them in a car seat while you drive is one of the best ways to do that. Then, once they are too big for the car seat, a booster seat is your next line of defense against serious car accident injuries. The question is, how do you know when your child is ready to graduate from a booster seat and ride in a normal seatbelt? Let’s find out!

Booster Seats

Research from the National Highway Traffic Safety Administration has found that booster seats reduce a child’s risk of serious injury or death during a car crash by 45 percent.

New guidelines suggest children under 4 feet 9 inches who have outgrown the child harness car seat should sit in a booster seat. 

• Shorter than 4’9 needs a booster due to the placement of the seatbelt across the chest.

• Under 13, continue to sit in the back seat even if no booster is needed due to the spine's development.

Child passenger safety laws vary by state. Be sure to check YOUR state’s requirements and the laws in the states you visit.  

Understanding New Hampshire Car Seat Laws

NH RSA 265:107-a

New Hampshire law requires that any child under eighteen riding as a passenger in a motor vehicle be secured by either a seat belt or a child safety seat and that any child under the age of seven is secured by an approved child restraint (RSA 265:107-a). It is the driver's responsibility to ensure that all child passengers are properly restrained. There are only four exceptions to this requirement. Children do not have to be restrained: (1) in taxis and buses, (2) in vehicles manufactured before 1968, (3) when they have physical conditions that prevent the use of seat belts or child safety seats, and (4) under certain special-education conditions.

If you fail to have a child passenger "buckle up," you face a first-offense fine of $50 and a second-offense fine of $100.

The best way to determine whether or not your child is ready to ride in a regular seat belt is to understand New Hampshire car seat laws. The law outlines what type of seat your child should ride in based on age and weight. Current car seat and booster seat laws are:

• Children under two years of age should ride in a rear-facing car seat.

• From 2-5 years, your child should ride in a forward-facing car seat with a chest harness. Once they are four, they can ride in a high-back booster seat.

• Children 5+ years should ride in a booster seat with a seat belt.

There is no set age for a child to move from a booster seat to a regular seat belt. However, there is a checklist you can use to determine if it’s safe to switch.

THE BOOSTER SEAT CHECKLIST

One of the first signs that your child is ready to move from the booster seat to the regular seatbelt is when the booster seat becomes uncomfortable to ride in. Before you move them, however, here are a few items you should check off:

• Do your child’s feet touch the floor comfortably?

• Does your child’s back touch the back of the seat?

• Does the seatbelt sit naturally between your child’s arm and neck?

• Does the lap belt touch your child’s thighs?

• Will your child sit in the seat without removing the belt?

If you can answer yes to these questions, you can safely move your child to a regular seat if they are over five years of age.

THE DANGERS OF NOT FOLLOWING CAR SEAT GUIDELINES

Following car seat laws is extremely important to your child’s safety. If they are not buckled in properly, they can suffer severe injuries and even death in a car accident. Some risks of not being buckled in properly include being thrown from the car, broken bones, head injuries, neck injuries, and back injuries. Here are some links to additional resources from the National Highway Traffic Safety Association:

·      Car Seat Glossary of Terms: Learn about vehicle and car seat parts and more.

·      Training Contacts by State for Child Passenger Safety: Find your state's Child Passenger Safety Training Contacts.

·      Car Seat Use After a Crash: Make sure you know the difference between a minor crash and a moderate to major one before deciding to use a car seat after a crash.

·      NHTSA’s Car Seat Recommendations for Children: Use these recommendations to help you choose the best meets your child’s needs.

·      Keeping Kids Safe - A Parent’s Guide to protecting children in and around cars: This booklet will help you better understand today’s vehicle safety features, car seats, and how to keep kids safe in and around vehicles.

·      Used Car Seat Safety Checklist: Consider using a second-hand car seat. If you can check off each of these statements, then it may be okay to use one.

Patch & FitzGerald Car Accident Attorneys In New Hampshire

If you are involved in a car accident in New Hampshire, you can rely on the attorneys at Patch & FitzGerald to be there for you. They have decades of experience winning cases for thousands of people throughout the state. For a free consultation call 603-647-2600 or contact us online today.

NH WORKERS’ COMPENSATION AT A GLANCE: INDEMNITY BENEFITS

Workers' compensation indemnity benefits refer to the money paid to an employee who has suffered an injury or illness related to their job. If you get injured on the job, you may be unable to work, and this can result in lost wages. Indemnity benefits are designed to compensate you for your lost income.

The amount of the payment of the indemnity benefits you receive will depend on the severity of your injury, the duration of your disability, and your average weekly wage at the time of your injury. 

Maximum and Minimum Compensation Rates:

Each July 1, the New Hampshire Department of Labor issues notice of the new maximum and minimum compensation rates. As of July 1, 2022, the average weekly wage and payment limits are as follows:

• State's average weekly wage: $1,382.59

• Minimum weekly payment: $414.78

• Maximum weekly payment: $2,074.00

TYPES OF INDEMNITY BENEFITS:

1. Temporary Total Disability (TTD) — Paid to workers who can't work temporarily due to a job injury or sickness. Benefits equal 60% of the worker's average pay, up to $2,074.00 per week (as of 2022). There's a three-day wait before payments start. If workers can't work for at least 14 days, they'll get paid for the first three days. Payments continue until the worker has finished treatment, returns to work, or can't improve more medically.

2. Temporary Partial Disability (TPD) — Paid to workers who can return to work in a lighter or modified role. Benefits are 60% of the difference between the TTD payment and the newly modified job pay. Payments stop when the worker returns to work full-time or reaches the maximum weeks allowed by New Hampshire law (up to 262 weeks).

3. Diminished Earning Capacity (DEC) – Paid to workers who are partially disabled but still have a work capacity may be eligible for benefits at the diminished earning capacity rate. Benefits are 60% of the difference between the employee's average weekly wage at the time of injury and 80% of New Hampshire's minimum wage at the time of the injury (up to 262 weeks).

4. Permanent Impairment Award — Paid to workers with permanent partial impairments from a work accident, like ongoing back or neck issues or limb loss. A permanent impairment award is calculated and paid once the worker has achieved maximum medical improvement. Permanent impairment is calculated by the worker's average weekly wage multiplied by the number of weeks related to the injury's severity. New Hampshire allows a maximum of 350 weeks and is paid in a lump sum.

5. Permanent Total Disability (PTD) — Paid to workers with serious injuries or illnesses that cause a lifelong total disability, making it impossible to return to work. In this case, workers get 60% of their average weekly pay, up to New Hampshire's maximum of $2,074 (as of 2022). Payments continue for the length of the disability.

You must file a workers' compensation claim with your employer's insurance company to get reimbursed for your lost wages. The claim process can be complex, and it's advisable to seek the help of an experienced workers' compensation attorney to guide you through the process.

Attorney John FitzGerald is a former Workers’ Compensation Hearing Officer at the New Hampshire Department of Labor and has successfully represented clients and won complex cases for over 35 years. Call us today at 603-647-2600 for a free consultation. We only get paid when you do!

April is Distracted Driving Awareness Month: A Closer Look at the Statistics

Distracted driving remains a significant concern on our roads, claiming thousands of lives and causing countless injuries yearly. Despite increased awareness and numerous campaigns to curb this dangerous behavior, many drivers continue to engage in activities that divert their attention from the road. In this blog post, we'll delve into the statistics surrounding distracted driving to illustrate the true extent of its dangers and discuss ways to combat this growing problem.

Distracted Driving by the Numbers

Fatalities from all New Hampshire highway crashes rose 20% last year to 141, resulting from 132 different fatal accidents.  According to the New Hampshire Department of Safety, 31 operators and one passenger died in motorcycle crashes last year. That’s the highest number of deaths from 2012 when the state’s current tallying system began.

According to the NHTSA, 42,915 people died in motor vehicle traffic crashes in 2021, and 7,776 pedestrian and bicycle deaths resulted from being hit by vehicles.

Explore some other notable statistics:

• Types of distractions: The NHTSA categorizes distractions into three main types: visual (taking your eyes off the road), manual (taking your hands off the wheel), and cognitive (taking your mind off driving). Texting while driving is particularly dangerous, as it involves all three types of distractions.

• Demographics: Young drivers are especially susceptible to distracted driving. The NHTSA reports that drivers aged 15-19 years involved in fatal crashes were more likely to be distracted than drivers in other age groups.

• Cell phone use: A study by the National Safety Council (NSC) found that cell phone use accounts for 27% of all car crashes in the United States. Despite hands-free laws in many states, hands-free devices do not eliminate the risk of distraction, as they still require cognitive attention.

• Reaction times: According to the Virginia Tech Transportation Institute (VTTI), drivers who text while driving are 23 times more likely to be involved in a crash or near-crash event than non-distracted drivers. Texting increases the time a driver's eyes are off the road by an average of 4.6 seconds – enough time to travel the length of a football field at 55 mph.

Combating Distracted Driving

 Addressing distracted driving requires a multi-faceted approach, combining education, technology, and legislation. Here are some strategies that can help:

• Public awareness campaigns: Continuing to raise awareness about the dangers of distracted driving through campaigns, such as Distracted Driving Awareness Month, is crucial in changing drivers' attitudes and behaviors.

• Legislation and enforcement: Stricter laws and consistent enforcement can help deter drivers from distracted driving. Many states have implemented hands-free laws, and some have banned texting while driving altogether.

• Technology: New advancements in technology can help reduce distractions. For example, some vehicles now have features that disable certain functions while the car is in motion or alert drivers when they are not paying attention to the road.

• Driver education: Incorporating distracted driving prevention into driver education programs can help instill safe driving habits in new drivers. Teaching drivers about the risks and consequences of distracted driving can encourage them to make better choices behind the wheel.

The statistics surrounding distracted driving paint a sobering picture of the dangers it poses to everyone on the road. As we continue to develop new technologies and expand our understanding of this issue, it is crucial that we remain vigilant and committed to promoting safe driving habits. By working together, we can reduce the devastating impact of distracted driving and make our roads safer for all.

If you have been injured in a motor vehicle accident at no fault of your own, It always pays to talk to an experienced personal injury attorney. Your case is much more likely to be successful if you work with an attorney you can trust.  Patch & FitzGerald has successfully represented clients and won complex cases for over 35 years.  Call us today at 603-647-2600 for a free consultation.  We only get paid when you do!

Stay Alert, Share the Road: Watch for Motorcycles

With the return of warmer weather comes more motorcycle riders out enjoying the sunshine and fresh air. But with the return of riding season comes a renewed need for safety and awareness on the roads.  Here are some key things to keep in mind:

For Motorcyclists:

• Perform a pre-ride check before hitting the road. Check your tires, brakes, lights, and fluid levels to ensure your motorcycle works well.

• Wear protective gear, including helmets, gloves, boots, and a riding jacket. This will help protect you in the event of a crash.

• Always ride sober and avoid riding while tired or distracted. Alcohol and drugs impair judgment and reaction time, making riding more dangerous.

• Stay visible by wearing bright or reflective clothing and using your lights and signals. This will help other drivers see you on the road.

• Practice defensive riding by anticipating other drivers' actions and being aware of your surroundings.

For Motorists:

• Watch for motorcycles, especially when turning or changing lanes. Motorcycles are smaller and more maneuverable than cars, so they can be harder to see.

• Always check your mirrors and blind spots before changing lanes or turning, and be aware that motorcycles may be approaching from behind.

• Avoid distracted driving, as even a momentary lapse in attention can have deadly consequences for a motorcycle rider.

• Give motorcycles plenty of space, and don't tailgate them, as they may need to stop suddenly or maneuver around obstacles.

• Be patient and courteous on the road. Remember that motorcycles have just as much right to be on the road as cars and trucks. 

By following these tips and practicing safe riding and driving habits, we can help make the roads safer.  Here's to a fantastic and safe riding season ahead!

If you or a loved one has been injured in a motorcycle accident that wasn’t your fault, you need a dedicated team to help you.  It always pays to talk to an experienced personal injury attorney. Your case is much more likely to be successful if you work with an attorney you can trust. 

Patch & FitzGerald has successfully represented accident victims and won complex cases for over 35 years.  Call us today at 603-647-2600 for a free consultation.  We only get paid when you do!

Preparing For a Deposition: Why It’s Important

A deposition is a crucial stage in a personal injury case, where both parties gather information and testimonies from witnesses under oath. This testimony can have a significant impact on the outcome of your case. Therefore, it's essential to prepare adequately for your deposition. Below are tips and advice on how clients can effectively prepare for their testimony and what to expect during the process.

1          Understand the Purpose of a Deposition

The deposition occurs outside the courtroom, and the person being deposed is placed under oath. This discovery allows the parties to learn what the other party intends to say if they go to trial. It's essential to understand that the primary goal of a deposition is to gather facts and testimonies that will be used to build or defend a claim. This understanding will help you remain focused and calm throughout the deposition.

2.         Consult with Your Attorney

Your attorney is your best resource when preparing for a deposition. Depositions can help your case because your attorney will know what testimony to expect from the other party during the trial. They will help you understand the questions you're likely to be asked and guide you on how to respond effectively. Schedule a meeting with your attorney before the deposition to discuss your testimony and review your case details.  In addition, the person being deposed is being evaluated on how they would handle testimony in court.

3.         Review Relevant Documents

Reviewing relevant documents before your deposition will help refresh your memory and provide a solid foundation for answering questions during the deposition. Some of the critical documents to check are:

•  Accident or Incident Report: If your case involves a car accident, slip and fall, or other incidents, reviewing the official report can help you recall important details, such as the date, time, location, and parties involved.

• Medical Records: Review your medical records, including doctor's notes, diagnostic test results, treatment plans, and bills. These documents will provide crucial information about your injuries, the extent of your medical treatment, and the costs associated with your care.

• Witness Statements: If there were any witnesses to the incident, review their written or recorded statements to refresh your memory about what they saw or heard during the event.

• Photographs or Videos: Examine any pictures or videos taken at the accident scene, which can help you visualize and remember the details of the incident.

• Insurance Information: Review any communications with insurance companies, including claim forms, correspondence, and policy information. This can help you recall important details about your insurance coverage and any settlement negotiations.

• Correspondence with Opposing Party: If you have exchanged any written or electronic communications with the opposing party, review these documents to refresh your memory about the content of those conversations.

• Your Own Written or Recorded Statements: If you provided any written or recorded statements to the police, insurance companies, or your attorney, review them to ensure your deposition testimony is consistent with your previous statements.

4.         Practice Answering Questions:

Honesty is crucial during a deposition, and giving false or misleading information can damage credibility and negatively impact your case. If you don't know the answer to a question or can't remember specific details, it's okay to say so.

 Your attorney will know what questions you will likely be asked, which will help you practice answering questions before your deposition.  Provide clear, concise, and honest answers. Remember to:

·      Listen carefully to each question.

·      Take a moment to think before responding.

·      Answer only the question asked – avoid volunteering unnecessary information.

·      Tell the truth.

5          Demonstrate Courtroom Presence:

Remember that the opposing counsel evaluates your demeanor and communication skills during the deposition. They are assessing how you would come across as a witness in court.  To effectively handle testimony in court, consider the following tips:

·      Maintain good posture and eye contact: Sit straight, make eye contact with the attorney asking the questions, and speak clearly and confidently. This will help convey credibility and trustworthiness.

·      Stay composed under pressure: Stay calm and collected during your deposition, even if the opposing attorney's questions seem aggressive or accusatory. Arguing or becoming defensive may harm your credibility.

·      Be polite and respectful: Treat everyone involved in the deposition with respect, including the opposing attorney, the court reporter, and any other attendees. Being courteous can help build rapport and make you more relatable to a jury.

·      Avoid jargon or complex language: When answering questions, use plain, straightforward language that a layperson can understand. This will make your testimony more accessible and relatable to a jury.

·      Dress Appropriately: Dress professionally and conservatively for your deposition. First impressions matter. Appearing well-groomed and put-together can help establish credibility with the opposing counsel and court reporter.

It always pays to talk to an experienced personal injury attorney. Your case is much more likely to be successful if you work with an attorney you can trust.  Patch & FitzGerald has successfully represented clients and won complex cases for over 35 years.  Call us today at 603-647-2600 for a free consultation.  We only get paid when you do!

Pedestrian Traffic Fatalities Skyrocket

According to the Governors Safety Highway Association’s preliminary report, 3,434 pedestrians were killed due to traffic crashes in the first half of 2022 in 49 states and the District of Columbia. This unprecedented surge in pedestrian deaths is a public health concern and a significant socio-economic issue.  The primary factors behind these accidents, discuss the impact on society and suggest possible solutions to curb this alarming trend.

Causes of Pedestrian Fatalities:

1. Distracted Driving: The rise in smartphone usage and in-car infotainment systems has increased driver distraction, leading to more pedestrian accidents.

2. Increased Traffic: Urbanization and population growth have increased traffic congestion, making it more challenging for drivers to be aware of pedestrians.

3. Poorly Designed Infrastructure: Lack of proper pedestrian facilities such as sidewalks, crosswalks, and traffic signals contribute to the increased risks pedestrians face.

4. Speeding: Drivers traveling at high speeds have less time to react and are more likely to cause severe or fatal injuries in case of an accident.

5. Impaired Driving: Alcohol and drug use remain significant factors in fatal pedestrian accidents.

The National Safety Council reports that one of the leading causes of pedestrian accidents is lack of visibility. Drivers who cannot see you are more likely to hit you. There are some ways that you can increase your visibility as a pedestrian, such as:

• Follow the rules of the road and obey signs and signals.

• Use designated crosswalks where available.  If a crosswalk or intersection is not available, locate a well-lit area where you have the best view of traffic.

• Walk on sidewalks whenever they are available. If there is no sidewalk, walk facing traffic as far from traffic as possible.

• Wear bright clothing and wear reflectors on your clothing.

• Use a flashlight at night! 

Impact on Society:

1. Loss of life: The most tragic consequence of pedestrian

2. Public Health: The rise in pedestrian fatalities is a significant public health concern, affecting individuals of all ages and demographics.

3. Economic Costs: Traffic accidents involving pedestrians result in high financial costs, including medical expenses, lost productivity, and property damage.

4. Emotional Trauma: Fatalities involving pedestrians affects the victims' families and the automobile drivers.

If you have been injured in a traffic accident at no fault of your own, talk to an experienced personal injury lawyer.  A lawyer can provide legal expertise, navigate complex legal processes, and protect your rights.

Patch & FitzGerald has successfully represented clients and won complex cases for over 35 years.  Call us today at 603-647-2600 for a free consultation.  We Only Get Paid When You Win!

Are You An Employee or Independent Contractor?

Many workers are misclassified as independent contractors when they should be classified as employees. This misclassification can result in workers being denied benefits and protections that they are entitled to under the law, such as workers' compensation, unemployment insurance, and minimum wage and overtime pay.

What is Employee Misclassification?

Worker classification is an issue that affects workers' compensation and the U.S. workforce. A 2022 Economic Policy Institute analysis of 11 commonly misclassified jobs estimates the cost of independent contractor status to these workers. For example, as an independent contractor, a typical construction worker would lose as much as $16,729 per year in income and job benefits compared to what they would have earned. As an independent contractor, a typical home health aide would lose as much as $9,529 per year in income and job benefits compared to what they would have earned. 

Occupations Most at Risk of Misclassification

·      Constructions Workers

·      Landscapers

·      Truck Drivers

·      Home Health Aides

·      Janitors and Cleaners

·      Nail Salon Workers

·      Nannies and Housekeepers

·      Retail Sales Workers

·      Customer Service Reps/Call Center Workers

According to the U.S. Department of Labor, there are three primary factors to consider when determining whether a worker is an employee or an independent contractor: the degree of control the employer has over the worker, the worker's opportunity for profit or loss, and the worker's investment in equipment or materials. If the worker is economically dependent on the employer, they are likely an employee and entitled to the protections and benefits of that status.

Employers misclassify workers as independent contractors to avoid paying taxes and providing benefits, which can lead to legal challenges and fines. In addition to the financial impact on workers, misclassification can have broader economic implications, such as reduced tax revenue and increased competition from businesses that do not comply with labor laws.

New Hampshire ABC TEST

In New Hampshire, whether a worker is, an employee or an independent contractor is based on the "ABC" test. Under this test, a worker is considered an employee unless all three of the following conditions are met:

A.    The worker is free from the control and direction of the employer in connection with the performance of the work, both under the contract and, in fact; and

B.    The worker performs work that is outside the usual course of the employer's business; and

C.     The worker is customarily engaged in an independently established trade, occupation, profession, or business of the exact nature of the employer's work.

Workers are considered independent contractors if they meet all three conditions. If not, they are considered employees and entitled to the protections and benefits of that status, such as workers' compensation, unemployment insurance, and minimum wage and overtime pay.

It is important to note that the ABC test is used only to determine worker classification under New Hampshire law. The IRS and other federal agencies may use different tests to determine worker classification for federal tax and benefits purposes.

It always pays to talk to an experienced attorney. Your case is much more likely to be successful if you work with an attorney you can trust.  Patch & FitzGerald has successfully represented clients and won complex cases for over 35 years.  Call us today at 603-647-2600 for a free consultation.  We only get paid when you do!

What is an Independent Medical Examination (IME), and why is it Necessary?

If you get injured at work, your employer's insurance company is responsible for providing you with workers' compensation benefits.

Your employer's insurance company has the right to request an Independent Medical Examination (IME). This doctor is selected and paid for by the insurance company. Remember that they may have different interests than your best interests when giving their opinion.

An IME is usually scheduled if the workers' comp carrier disagrees with your doctor's diagnosis, especially if this diagnosis recommends ongoing medical treatment, permanent impairment awards, or a change in job duties.

NH Workers’ Compensation Law

Under RSA 281-A:38 & 39, failure of the employee to attend an independent medical examination (IME) or obstruct that examination shall result in the suspension of your weekly indemnity benefits until the examination has taken place, and no compensation shall be payable during and for such period.

The Department of Labor has rules that set guidelines for the IME:

•      You must be given a written notice of the IME at least ten (10) days before the examination and at a time and place reasonably convenient for the employee.

•      You can be scheduled to attend no more than two IMEs per year.

•      The IME must take place within a 50-mile radius unless approved by the Department of Labor.

•      You have the right to have your health care provider, which you pay for out of pocket, present at your examination.

•      You have the right to have a witness present during your examination, and you must sign an authorization to allow the witness to be present. However, the witness cannot interfere in the examination in any way.

•      You are entitled to the payment of mileage reimbursement for your travel to this appointment. The mileage rate for 2023 is 65.5 cents per mile.

Before your appointment, you'll want to talk with your attorney about what you should expect during your independent medical examination.

TIPS TO HELP YOU DURING YOUR IME

1.     Be on Time

You will only know how many forms you must fill out if paperwork is sent to you beforehand. Completing the office paperwork could take longer than expected, depending on your injuries.

 1.     Do Not Be Rude or Difficult

Be respectful and courteous to the IME doctor and their staff. The workers' compensation carrier hires this doctor to evaluate your injury or illness and determine your eligibility for benefits. Therefore, being polite and cooperative during your exam is in your best interest. Their opinion is often used to determine if you qualify for compensation. 

2.     BE HONEST ABOUT YOUR INJURY

You are about to be evaluated for your injury. Answer the questions truthfully, without exaggerating. If you are untruthful in the hopes of improving your case, you could damage your credibility.

3.     IF YOU HAVE PREVIOUS INJURIES, BE SURE YOU KNOW HOW TO ADDRESS THESE

Part of an IME physician's job is to determine whether this is a new injury or if the new injury has aggravated any past injuries. Be honest with the physician and avoid exaggerating. Tell the doctor about any new symptoms, limitations, and pain you are experiencing now that you did not have before.

4.     TELL THE DOCTOR WHEN YOU ARE IN PAIN; AVOID EXAGGERATION

Most physicians ask patients to rate their pain on a scale of 0 to 10, with ten being the highest. 0 means no pain; 1 to 3 means mild pain; 4 to 7 is moderate pain; 8 and above is severe. 10 is unspeakable pain, and very few people will ever experience this level of pain.

5.     DO NOT TALK ABOUT YOUR CASE

Even if the physician brings up your case, mention that you have hired an attorney and then change the topic. Avoid making any statement that is not about your injury. What you say will get back to your employer and the insurance company.

THE IME REPORT

Once the IME is complete, all parties have the right to review the report. The introductory section will include the medical records reviewed and a summary of the doctor's conclusions. The information will also describe the conversation between you and the doctor. The doctor’s findings will be documented (in detail), and the diagnosis/prognosis will be given.

It always pays to talk to an experienced attorney. Your case is much more likely to be successful if you work with an attorney you can trust.  Patch & FitzGerald has successfully represented clients and won complex cases in New Hampshire for over 35 years.  Call us today at 603-647-2600 for a free consultation.  We only get paid when you do!

Get Ready to Spring Forward!

On Sunday, March 12, 2023, at 2:00 A.M., we will “spring forward” one hour, and for many, that means a tired couple of days as our bodies adjust.  The consequences of fatigue can be severe, so plan accordingly.

The annual shift to Daylight Savings Time (DST) can cause disruptions to our daily routines, resulting in fatigue and lack of focus at work and while driving. This can lead to a higher risk of accidents due to drowsiness or distraction. While the benefits of Daylight Savings Time are undeniable, we must take steps to mitigate the adverse effects of the change in time.

CAR ACCIDENTS

Spring daylight savings time significantly impacts driving safety, and fatal accident is highest in the morning. According to a study in Current Biology, DSTincreases fatal motor vehicle accident risk by 6%.  One factor contributing to the rise in accidents is the change in people’s schedules. When the time changes, people have difficulty adapting to new daylight hours, which means visibility changes during your typical commute in the morning.

WORKERS INJURIES

According to studies by the American Phycological Association and the Bureau of Labor Statistics, those in hazardous work environments, such as truck drivers and factory workers, are particularly vulnerable to DST's effects on their health and safety.

This means tired workers show up on the job, which increases injuries. Turning the clocks forward one-hour results in workers showing up on the job with 40 minutes less sleep, a 5.7 percent increase in workplace injuries, and nearly 68 percent more workdays lost to injuries. On average, there were 3.6 more injuries on Mondays following the switch to daylight saving time compared to other days, and 2,649 more workdays were lost due to those injuries. That's approximately a 68 percent increase in lost workdays. 

PREPARE FOR DAYLIGHT SAVINGS TIME TO PREVENT ACCIDENTS & INJURIES

The time change in the fall is inevitable. Therefore, it is essential to address measures individuals can take to increase their safety in dangerous situations.

Here are a few recommendations for a safer daylight savings time this fall.

● Give yourself extra time to wake up in the morning.

● Gradually adjust your bedtime before the time change.

● Adjust your car headlights according to the sunlight.

● Take your time with typical daily tasks if you feel tired.

● Allow yourself time to rest.

In addition to these safety tips, being aware of others’ actions is also essential. Just because you’ve taken the time to prepare for the change doesn’t mean that others have. If you are aware of what’s going on around you, you can help prevent accidents of all kinds.

Patch & FitzGerald has successfully represented clients and won complex cases in New Hampshire for over 35 years.  Call us today at 603-647-2600 for a free consultation.  We only get paid when you do!

Managing Your Medical Bills After a Car Accident

If you're hurt in an accident that is someone else's fault, you may wonder how you will pay your medical bills. Medical bills can pile up quickly, and how and when your medical bills are paid after an accident depends on the insurance laws in your state and who is at fault for the accident. 

New Hampshire is one of only two states in the country that does not require any statutory minimums for car insurance coverage. Most drivers in the state can legally operate their vehicles without insurance.

Health Insurance:

Health insurance will likely cover your medical treatment like any other illness or injury, and you will still be responsible for deductibles, copays, and out-of-network providers.  If you do not have health insurance, you can be stuck with the medical bills if you cannot recover the costs from the person responsible.

Auto Insurance: 

In New Hampshire, basic auto insurance policies must include liability insurance, MedPay, and uninsured motorist coverage.

Minimum Liability:

You must get the minimum limits of liability which are:

·$25,000 in bodily injury coverage per person

$50,000 in bodily injury coverage for more than two per accident·

$25,000 in property damage coverage per accident

$1,000 in medical payments per accident 

MedPay:

New Hampshire also requires medical payment coverage or MedPay to be included in your policy.  MedPay is a type of car insurance drivers, or their passengers can use to cover their medical expenses after an accident. MedPay differs from health insurance because it does not require copays or deductibles for covered healthcare services. The state minimum coverage is $1,000, but higher amounts are possible and advisable because medical bills after a car accident often exceed this. 

Uninsured Motorist Coverage:

Uninsured motorist coverage is insurance that can protect you in the event of an accident with a driver who does not have car insurance. It provides financial protection for medical costs and property damage if you are hit by a driver who does not have enough liability coverage to cover the costs of your injuries. This coverage is essential for all drivers, as it can help ensure you are not left paying out-of-pocket for damages caused by another driver's negligence.

Negotiate Medical Bills:

Yes, you can negotiate to lower your medical bills. Billing and financial departments of hospitals and healthcare facilities are used to negotiating when paying medical bills. This is especially true in the case of car accidents, where there may be some degree of liability involved.

Legal Representation:

Navigating a personal injury claim is overwhelming when suffering physical and financial challenges.  Victims of these accidents often face medical bills, lost wages, and other associated costs.  Liability is also an issue that needs to be addressed to receive the compensation you deserve.

Getting the right lawyer to help you navigate the process is essential when faced with complicated legal issues.  A lawyer with experience in personal injury cases can provide invaluable advice and assistance in negotiating the best outcome for you.

Patch & FitzGerald has successfully represented clients and won complex cases in New Hampshire for over 35 years.  Call us today at 603-647-2600 for a free consultation.  We only get paid when you do!

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