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Employees vs. Sub-Contractors in Indiana | W-2 vs 1099-Misc

Employees vs. Sub-Contractors in Indiana | W-2 vs 1099-Misc

Whether you are classified as an employee or a sub-contractor may have significant legal and tax obligations. Many people don’t realize that there’s a difference between employees and sub-contractors in Indiana. However, sub-contractors or independent contractors as they are often referred to, don’t receive the same legal protections from the government and don’t have the same rights in the event that you are not paid for your work. Whether you’re an employee or a sub-contractor, you need to spend some time studying the rules and regulations regarding your position and become aware of your rights. If you’re a business owner, it’s even more crucial to distinguish between the two because you have some tax liabilities and obligations.

The Difference Between Employees and Sub-Contractors

Both employees and independent-contractors provide services to you and both get paid for their services. That’s the only commonality between the two types of associates. The IRS states that you can distinguish between employees and independent contractors based on three different categories:

Behavioral Control – Who determines how much control you have over how the job is done. Is it you or is it your boss? Does the employer provide instructions, methodology, training in that methodology, and directions on how and when to carry out the job. If so, this looks and smells like an employer/employee relationship. However, if you are independent, can control the scope of your own work, then your job has the characteristics of an independent contractor.

Financial Control – Who controls how you are paid?  Do you bid for the work and then submit a bill or invoice?  Or, are you paid an hourly wage?  In some industries it may be more difficult to distinguish between independent contractors and employees.  Who controls how and when the worker is paid, how they’re reimbursed for equipment used and services rendered, and who bears the profits and loss, etc. An employee can fully expect the employer to provide all necessary tools and equipment to perform their job, and to reimburse them for wear and tear of the equipment they might bring to the job. For example, an employee drives to different locations in their personal car to perform their job might expect to be reimbursed by the employer for the fuel, maintenance and repairs. However, and independent contractor is considered self-employed and must pay all of these expenses out of their pocket. These expenses aren’t considered the business owner’s concern. Think of an independent contractor as a small business owner.

Relationship between the Parties – The most significant difference between an employee and an independent contractor is their relationship with the employer. Subcontractors should have written contracts for every job they do or for a fixed duration. Employees, on the other hand, typically do not have contracts.  They are employed “at-will” but they receive regular pay checks, and have taxes deducted from their pay.  Employees also may have benefits associated with their employment such as health insurance, paid time off, and reimbursements for expenses

Why Is the Classification Between Employee & Independent Contractor Important?

This classification is very important because it impacts how you file your taxes. Here’s a brief description of your obligations based on whether you’re an employer, employee or a sub-contractor:

Employee – If you’re an employee, your employer is responsible for paying your social security and employment tax obligations by withholding the amount from your wages or salary. In return, you won’t need to concern yourself about the obligatory payments to the government.

Independent Contractor – If you’re a contractor, you’re responsible for your own self-employment taxes, which must be paid quarterly.

Employer – As an employer, the distinction is very important because you’ll need to pay the taxes, social security, and insurance on your employee’s behalf, and you will issue them a Form W-2 at the end of each year. You can deduct the needed amount from your employee’s salary and compensation. You will also have to pay state taxes and federal unemployment taxes on behalf of your employees. If you have independent contractors working for you, you are not required to withhold payroll taxes, and you will issue a Form 1099 at the end of the year.

Because it seems simpler to hire independent contractors, employers often misclassify their employees as such in an effort to avoid paying payroll taxes, etc.  If you are found to be misclassifying your employees as independent contractors, you may be subject to fines and penalties issue by the US or Indiana Department of Labor.

Reporting the Earnings of Employees & Independent Contractors

As a business owner, you need to report every employee and independent contractor you have on hand. You also need to make sure you have classified them correctly. The Department of Labor is very stringent on the difference between an independent contractor and an employee. In fact, they have cracked down on entire industries that try to misclassify employees as independent contractors.  You are also required to pay employees overtime for every hour over 40 hours in a given week. Overtime is 1.5 times the amount of your regular hourly rate. This is another reason why employers seek to classify their workers as independent contractors.  That is, they are trying to avoid the overtime requirements of the Fair Labor Standards Act.

What Should You Keep in Mind?

There are significant penalties for employer who refuse to pay their employees’ wages.  In Indiana, this can be up to 2 times the amount of wages, plus attorney’s fees.  Failure to pay an independent contractor does not have these penalties.  Rather, this is just a simple breach of contract claim.  If you are an independent contractor, it is important to have a written contract. As part of the terms of that agreement, specify that you can seek attorney’s fees if you are not paid.  Without such a clause, it may be difficult, and expensive to find an attorney to take your case.

If you believe your employer has misclassified you as an independent contractor, you should contact an attorney immediately. It may be that you want to report the company to the Department of Labor.

For more information on the misclassification of employees, you can seek guidance from the US Department of Labor.  https://www.dol.gov/agencies/whd/flsa/misclassification

 

EEOC Issues Resolution

The Equal Employment Opportunity Commission (EEOC) issued a Resolution mourning the deaths of George Floyd, Breonna Taylor and Ahmaud Arbery last week. In the resolution, the EEOC committed the agency to redouble its efforts to address institutionalized racism, advance justice, and foster equal opportunity in the workplace.

The EEOC advances opportunity in the workplace by enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

Most employers with at least 15 employees are covered by EEOC laws (20 employees in age discrimination cases). Most labor unions and employment agencies are also covered. The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits.

The anti-discrimination laws provide a limited amount of time to file a charge of discrimination. In general, a person needs to file a charge within 180 calendar days from the day the discrimination took place. The 180-calendar day filing deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis. The rules are slightly different for age discrimination charges. For age discrimination, the filing deadline is only extended to 300 days if there is a state law prohibiting age discrimination in employment and a state agency or authority enforcing that law. The deadline is not extended if only a local law prohibits age discrimination.

If you have questions related to employment discrimination, harassment, or retaliation, please feel free to contact Goodin Abernathy.

Amputation Accidents in Indiana

Amputation Injuries at Work

During a legal seminar I attended a couple years ago, an Indiana Occupational Safety and Hazards Agency (“IOSHA”) representative presented information covering work place injuries.  The representative explained that since March 2015, new reporting and investigation regulations require IOSHA to investigate amputation injuries across the state.  The presenter was clearly surprised how many work place amputations occur every day.  This safety initiative is designed to investigate problems, enforce safety codes and prevent ongoing hazards for Indiana workers.

Amputations and Worker’s Compensation

The Goodin Abernathy LLP lawyers are not surprised by these findings because we frequently help clients who have suffered amputated fingers, hands and arms.  Many of our clients need help understanding what Indiana worker’s compensation benefits are available for their damages.  These benefits include lost wages from time off work (TTD or PTD), payment of medical bills, physical therapy and psychological counseling, or payments for their impairment due to permanent physical disfigurement (PPI).

The Indiana Worker’s Compensation Board uses a table to calculate the money owed for amputation PPI ratings.  https://www.in.gov/wcb/index.htm What injured workers need to know is that employers and their insurance companies are obligated to address impairment ratings – but many times the workers are not told of these benefits. Also, the calculations and settlement offers insurance companies make do not always match the reasonable or fair value of a PPI rating: especially in amputation cases.

GA’s Indianapolis attorneys understand the medical and therapy plans needed to fully address amputation recoveries.  We are also experienced in evaluating the correct PPI calculations for claiming impairment benefits with all types of amputations.  Indiana has recognized the pervasive problems of amputation injuries.  This article describes the problems and also discusses a case where a worker suffered two amputations, two different times on the same machine! (click here)

If you need help understanding which benefits are available for your recovery from an amputation, call us.  If you need help calculating the extent of your amputation injury and the its recognized impairment value, contact us and put our experience to work.  Goodin Abernathy LLP will uses its experience, resources (including expert medical review) and legal background to represent you.  Don’t get cut short twice with your amputation – call us for legal help.

FAQ for IOSHA Regarding Amputations

What is Fraud?

What is Fraud?

Most everyone is familiar with the word fraud. They’ve heard it used to describe a person that is not what they appear to be, or they have heard it used to describe an act of deceit. However, this common and acceptable use of the word fraud, in every-day conversation, can lead to misunderstandings as to what amounts to fraud under the law when an interaction with another person or business does not end in a desirable manner.

For example, most people have bought an item only to have it not work the way they expected, or they have hired someone to do a job and have been unhappy with the result. Unsatisfying as these types of experiences might be, it does not always mean a fraud has occurred within the meaning of Indiana law.

To prove actual fraud, within an Indiana legal context, there must be a:

  • (i) material misrepresentation of past or existing facts by the party to be charged
  • (ii) which was false
  • (iii) which was made with knowledge or reckless ignorance of the falseness
  • (iv) was relied upon by the complaining party and
  • (v) proximately caused the complaining party injury.

It is this first portion (i) that can sometimes be confusing because fraud cannot be based on unfulfilled promises or on statements concerning future events.

For example, if a person is given $20 in exchange for a promise to mow the lawn, and then fails to mow the lawn, the person has breached an oral contract to mow the lawn, but has not committed fraud because they only failed to fulfill a promise. On the other hand, if that same person said they had been hired by ten of the neighbors, they were incorporated and insured, and possessed industrial lawn mower equipment, a different result is likely if none of the statements were true. Indeed, if none of the neighbors had ever hired this person, there was no insurance or corporation, and there was no industrial equipment, the person likely made the material misrepresentations of past or existing facts that are needed to prove fraud.

From the above example, it can be seen that cases involving allegations of fraud are almost always unique to the specific facts and circumstances of the individual matter, and sometimes it can be challenging to know if you have been a victim of fraud or if you have been falsely accused of committing fraud.

The attorneys at Goodin Abernathy can help sort through these types of issues and are available for a free consultation if you have questions about fraud.

Emel Doner’s Personal Injury Case

I was severely injured, while walking on a sidewalk, by a reckless driver. The accident happened out of town, in a major city on the west coast, while we were on vacation. I had broken bones, possible spine injury and severe lacerations. After being treated at a trauma center of a major hospital, I was forced to return home with tremendous amount of pain and discomfort, while cancelling the rest of our vacation which took years of planning. I had to undergo months of treatment and was left with a lot pain and suffered from depression. Meanwhile the medical bills started coming in, and I was in no condition to deal with the out-of-state healthcare providers and out-of-state accident insurance issues.

It was at this point that I contacted Christopher (Chip) Clark at Goodin Abernathy for his legal help and guidance. Right from the beginning, he had been very gracious, sympathetic to my situation and highly professional in his dealings with me and my husband. Chip and his staff worked diligently with the out-of-state and in-state healthcare providers, the responsible party’s insurance company and Medicare to gather and disseminate all pertinent documentation. Within a short period of time, Chip was able to negotiate a settlement with the responsible party’s insurance company. The settlement amount was the maximum possible that we could have received.

I thank Chip for his responsiveness, his competence and the extremely professional manner with which he dealt with me and my husband.

Emel Doner

Business Interruption During COVID-19 & Commercial Insurance

Business Interruption During COVID-19 & Commercial Insurance

The economic impact on small businesses due to COVID-19 is undeniable. Further, the uncertainty surrounding the length of the shut-down and the availability of funds for relief loans has left many business owners wondering whether the business interruption coverage in their commercial general liability policy will provide coverage to offset financial losses incurred. Politicians in Washington have asked insurers to justify the refusal to pay out claims, and already class action lawsuits are being filed around the country against insurance companies.

When assessing whether business interruption coverage in a commercial general liability insurance policy applies to economic losses caused by COVID-19, the answer is—it depends on the particular policy. Generally speaking, however, most business interruption clauses require the loss of business income to be caused by direct physical loss or damage to the property that prevents the business from operating. Although it appears the COVID-19 virus can survive on surfaces for up to five (5) days, it is doubtful that this phenomenon would qualify as direct physical loss or damage to the property or be of sufficient duration to trigger most insurance clauses. In addition, many commercial general liability insurance policies exclude coverage for losses caused by viral contamination.
On the contrary, it is possible that the specific wording and coverages in any particular policy may provide coverage. For example, businesses operating in the food service industry or the hospitality industry may have specific clauses in their respective insurance policies that relate to losses caused by viruses or alternative business interruption losses like event cancellations. Consequently, all business owners who have sustained financial losses due to COVID-19 are encouraged to examine their insurance contracts.

If you need legal assistance in these matters, please contact us for a free initial legal consultation.

Powers Of Attorney & Health Care Planning

Powers Of Attorney & Health Care Planning

INDIANA ATTORNEYS OFFERING A PERSONAL TOUCH

The Coronavirus is disrupting medical care and our legal process. Goodin Abernathy is using the special powers granted by Governor Holcomb and the Indiana Supreme Court to assist our clients with Health Care Powers of Attorney and General Powers of Attorney documents for our Indiana clients. Since many nursing homes and hospitals prohibit visitors, the Goodin Abernathy LLP lawyers are working around those obstacles. Goodin Abernathy prepares the documents for signature using the phone, internet and text messaging with same-day service.

Online vendors offering boiler plate legal documents typically want consumers to buy subscriptions – but not at Goodin Abernathy. To us, you aren’t a consumer, you’re a client.

If your relative, loved one or friend is sequestered or quarantined, our personal service allows them to stay in place: they do not need to leave their homes or facilities. Goodin Abernathy lawyers will transmit the documents electronically and guide you through obtaining signatures in front of a notary public. Some facilities have notary public services available on site; however, if not, our staff can authorize the signatures under Indiana’s new “remote notary” plan. Using video conferencing, Indiana is allowing notaries the option of electronically witnessing signatures. Indiana’s Supreme Court Order No. 20S-MS-236 allows notaries and other persons qualified to administer an oath in the State of Indiana and swear a witness remotely by audio-video communication technology, provided they can positively identify the witness.

Estate Planning Documents Our GA Lawyers Will Prepare Remotely

Health Care Power of Attorney

If you become incapacitated mentally or physically, this document identifies a person you grant legal authority for making your health care decisions.

Living Will

If you become incapacitated, this document gives your medical care providers, loved ones and appointed Health Care Representative directions about the treatment you want. The Living Will is sometime referred to as an “Advanced Directive” or “Right-to-Die” form. Some people may not want heroic life-saving resuscitation if they are gravely ill.

General Power of Attorney or Durable Power of Attorney

If you become incapacitated, your elected representative assumes authority to make decisions and take financial action on your behalf. This could include signing checks to pay regular bills. It could also mean selling or transferring important property like your home or auto.

At Goodin Abernathy, we strive to provide:

1) Personal service with explanations of the documents you need
2) Set pricing
3) A fast response
4) Coaching for electronically transferring and signing the documents, and
5) Remote Notary service, if needed

Call us now for more information about your specific situation. We look forward to helping you!

MAKING SENSE OF THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA)

MAKING SENSE OF THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA)

What is the FFCRA and Do I Qualify?


What is the FFCRA and Do I Qualify? by www.goodinabernathy.com

Effective April 1, 2020 and continuing through December 31, 2020, the Families First Coronavirus Response Act (“FFCRA”) will require certain employers to provide their employees with paid sick leave and/or expanded Family Medical Leave for reasons related to COVID-19.

There are essentially 2 parts to the Act. Part 1 is an emergency expansion of the Family Medical Leave Act (“FMLA”). Part 2 requires certain employers to provide Federal Paid Sick Leave.

The Act applies to all employers with fewer than 500 employees. This includes both full and part-time employees. This number also includes dual employees, such as those provided by professional employment organizations (PEO’s) also known as staffing agencies. There may be exceptions for “extreme financial hardship,” but the Department of Labor has not yet produced any guidance for what that means.

The Act also provides for a “Distressed Small Business Exception,” which only applies to employers with 50 or less employees. Again, because this law is so new, there is little to no guidance from the Department of Labor as to who will qualify for this exception.

So, what does the FFCRA require employers to do?

Generally, all employers must provide their qualifying employees with:

Two weeks (up to 80 hours) of paid sick leave at the employee’s regular rate of pay where the employee is unable to work because the employee is quarantined either (1) pursuant to Federal, State, or local government order or advice of a health care provider, and/or (2) is experiencing COVID-19 symptoms and seeking a medical diagnosis; AND up to 10 additional weeks of paid sick leave at two-thirds the employee’s regular rate of pay because the employee is unable to work because of COVID illness or a bona fide need to care for an individual subject to quarantine (pursuant to Federal, State, or local government order or advice of a health care provider), or care for a child (under 18 years of age) whose school or child care provider is closed or unavailable for reasons related to COVID-19, and/or the employee is experiencing a substantially similar condition as specified by the Secretary of Health and Human Services, in consultation with the Secretaries of the Treasury and Labor.

FAQ’s about the FFCRA:

How does an employee qualify for these FFCRA benefits?

Some examples include:

  • Being diagnosed with the COVID-19 virus.
  • Having symptoms of the virus.
  • Being required to be in self-quarantine.
  • Being ordered by your doctor to self-quarantine.
  • Having to care for a spouse or child who is infected with the virus.
  • Another common example will be caring for a child whose school or daycare has been closed because of COVID-19 – Or having substantially similar condition based on guidance from the Secretary of Health and Human Services.

Can both parents claim paid leave under the FFCRA?

There is nothing in the law that suggests that both parents would not be entitled to paid leave if they otherwise qualify for the benefits.

Can my employer require me to use paid sick leave before paying benefits under the FFCRA?

It depends. The expanded benefits to FMLA do not kick in for the first 10 days, therefore you may be required to use unpaid sick leave to cover that gap. The mandatory sick leave would not require you to use accrued unpaid leave.

How much pay am I entitled to receive?

It depends on whether you are seeking the expanded benefits of the FMLA, or the mandatory paid sick leave. Normally, a qualifying employee is entitled to 12 weeks of unpaid leave under the FMLA. The new law expands that to include paid leave of two-thirds of base pay based on number of hours normally worked. The maximum is $200 per day, or $10,000 per employee, based on 12 weeks of eligibility.

The mandatory paid sick leave under the FFCRA is capped at $511 per day, with a total benefit of $5,110 per employee.

How are employers expected to pay for these FFCRA benefits?

The government has rolled out several plans to help small business employers pay for these new benefits. One option is a dollar for dollar tax credit for payments made. A second option is a small business loan through the Small Business Administration (SBA) to cover payroll costs. If certain conditions are met, and all of your employees remain on the payroll for a specified period, these loans will be forgiven (they don’t have to be paid back). Lastly, some employers may have business interruption insurance that could be applicable. Definitely check your policy to determine coverage.

Can my employer disclose my diagnosis of COVID-19?

Yes, under certain circumstances, there are exceptions to HIPPAA’s confidentiality requirements. For example, an employer can disclose such a diagnosis for the safety of your co-workers.

What if I contracted COVID-19 at work, will workers’ compensation cover my treatment?

There is much we don’t know about how the new laws will be interpreted, and whether a diagnosis of COVID-19 could be considered an occupational disease. Certainly, for those on the front lines fighting this disease, for instance health care workers, an argument could be made that it is a risk of the job.

If I have to provide these FFCRA benefits, my business will be forced to shut down. Are there any exceptions?

Yes. Small businesses with fewer than 50 employees may qualify for exemption from the requirement to provide leave due to school closings or child care unavailability if the leave requirements would jeopardize the viability of the business as a going concern.

If I have to take leave, can I get my job back when I return?

Yes. The new law requires employers with 25 or more employees to reinstatement after 12 weeks. If your employer has less than 25 employees they must “make reasonable effort” to reinstate an employee who has taken leave under the Act.

In these uncertain times, it is always best to know your rights. If you have questions about Coronavirus/COVID-19, and your entitlement to benefits under the new laws, please contact us for a free legal consultation. We are not currently taking in-person interviews in our efforts to avoid unnecessary spread of the virus, but we are always available for telephonic consultations.

Work Injury Claims Against Employer and Third Parties In Indiana

Work Injury Claims Against Employer and Third Parties In Indiana

An injured worker potentially has two legal claims to recover damages. First, they have an Indiana Worker’s Compensation claim against their employer. Second, they may be able to collect from a responsible third-party.

Each state has its own work injury laws. Indiana’s system starts with making a claim through a government agency – the Worker’s Compensation Board. This agency operates very similar to a court. Papers are filed, attorneys are used and hearing members make decisions like judges. This link takes you to the main page for the Indiana Worker’s Compensation Board website. https://www.in.gov/wcb/ Go to the bottom of the page and look for a translation button. You can change it from English to Spanish, if necessary.

Another easy way to learn about Indiana’s worker’s compensation laws is to watch my YouTube videos. Search for Legalmente Hablando Indy or Goodin Abernathy LLP on the YouTube website. Here is an introduction video Jim Browne recorded that covers worker’s compensation. https://www.youtube.com/watch?v=uHV1TB21TZ4  You will learn that work injury claims allow employees to claim these benefits: medical costs, lost wages and a permanent partial impairment rating. The medical costs include charges for an ambulance, hospital, doctors, nurses, physical therapy, medicine, x-rays or MRI’s.

If a treating doctor orders an employee not to work for medical reasons related to the injury, the employer must pay for lost wages or salary. This is called Total Temporary Disability (“TTD”). The worker is paid 66.66% of her regular pay. But tax is not applied to the money. So if the worker usually earns $100.00 per week, then the employer owes $66.66 for each week the employee is unable to work.
Finally, if the injury is serious, the worker may claim a Permanent Partial Impairment. This idea is to compensate workers for physical and work problems they will suffer in the future. The State of Indiana created a list of dollar values for these injuries that limit a worker’s recovery. I can usually help improve the financial recovery for my clients.

Indiana requires employers to carry worker’s compensation insurance. If a worker is injured on the job, the employer’s insurance will cover these costs. If the employer does not have insurance, the law allows the injured worker to make claims against the contractor who hired the employer for the job. Frequently I help clients step up the ladder and find insurance to collect from.

If a person or company, other than the employer or a co-worker, causes a worker injury, then we can make a “third-party” claim for negligence. Negligence law is different from the worker’s compensation claim. Those cases are opened in a typical court with judges. A big difference between the two cases involves damages for pain and suffering. An injured worker can claim damage for pain and suffering in a negligence claim – but not in an Indiana Worker’s Compensation claim.

We are experienced handling various types of third-party negligence claims. Sometimes they are against construction companies where the general contractor has a legal, contractual duty to provide safety for workers on the job. We have handled claims where workers for other companies cause an accident. For instance, an electrician was on a scissor lift. A plumber drove a fork lift over the lift’s electric cord, pulled the it over and caused our client to fall 20 feet. Or, we have clients who were driving a vehicle for their job when another car caused them a wreck.

Remember, insurance companies are in business to make money- not pay it out. They are professional and know the law. That is why you should call me for legal advice. I give free consultations to review these cases with clients. I explain the law for your specific evidence and describe how I charge for my service. You will meet with me in person, speak Spanish and review the case. My staff speaks Spanish and knows about these cases Don’t wait – contact us now!

House Bill 1070 – Distracted Driving

House Bill 1070 – Distracted Driving

We have all seen it, and perhaps even done it ourselves. Driving down the road with a cell phone in our hand. Indiana House Bill 1070 “Distracted Driving,”(read here) passed the House by a vote of 86-10 last week and has been referred to the Indiana Senate. This bill will make it illegal to have a cell phone or other “mobile device” in one’s hand while operating a motor vehicle in Indiana. It modifies the existing law which prohibits texting while driving to include all uses of a mobile device that are not hands free or voice activated. The current law which makes it “unlawful to type, transmit, or read e-mail or text messages on a communication device while driving in Indiana,” has been in effect since July 1, 2011, but has been ineffective in curbing the behavior. This is due primarily, because the existing law as written, is difficult to enforce. This new law could go a long way to prevent distracted driving, and potentially save lives, because it will allow officers to write tickets simply by seeing a person operating a vehicle with a device in their hand, and there will be no requirement that they prove that the operator was actually using the device.

The Indiana Department of Labor defines distracted driving as, “any non-driving activity a motorist engages in that has the potential to distract him or her from the primary task of driving. Stressful jobs, busy lifestyles and technology are just a few reasons why individuals may engage in distracted driving activities.” https://www.in.gov/dol/2873.htm

There Are Three Primary Types of Distracted Driving:

  • Cognitive distraction takes your mind off the road.
  • Visual distraction takes your eyes off the road.
  • Manual distraction takes your hands off the wheel.

Texting, or otherwise using a device to search the internet, change a song, look up a contact, or like a Facebook post can be extremely dangerous because it involves all three types of distraction. Your mind is not focused on the road because you are concentrating on your device. Your eyes are also taken away from the road, as are your hands. As we all know, it only takes a second of distraction to cause a crash.

The U.S. Department of Transportation reports that in 2012, 3,328 people died in crashes linked to driver distraction, and more than 421,000 more people suffered a distracted driving-related injury. In fact, 17 percent of all crashes resulting in an injury involved driver distraction. More recent statistics indicate nine people are killed and more than 1,000 injured daily in accidents in which at least one driver was distracted.

  • Nearly 4,000 people were killed in crashes involving distracted drivers in 2015.
  • Distracted driving was the reported cause of death of 3,450 people in 2016.
  • An estimated 391,000 drivers were injured in distracted driving crashes in 2017.
  • For comparison, there were 39,773 gun deaths in the United States in 2017.
  • In 2019, distracted driving was a reported factor in 8.5% of fatal motor vehicle crashes. https://www.thezebra.com/distracted-driving-statistics/

If you support this Bill we would encourage you to contact your State Senator and request that they vote in favor of HB 1070, click here.

If you or a loved one have been injured or killed by a distracted driver, it is important to know your rights, and to preserve important evidence to support your claim. Call us for a free consultation.