Brad Johnson

If you are involved in a traffic accident in the state of Arizona, you have the right to file a lawsuit for the fair compensation of your injuries. However, while this principle is simple, going through the process of filing a lawsuit after a traffic accident can be complicated. Below, we’ve outlined everything you need to know about how, why, and when to sue after a serious auto accident.

Determining Fault

Before you can move toward suing, it’s important to determine who was at-fault in the vehicle accident you were involved in. While you may be keenly aware that you were not at-fault, it’s important to remember that evidence matters. A lawyer can help you determine if you have adequate evidence to prove fault was on the other party. Your lawyer will ask you numerous questions, and it’s best if you have the following to prove your case:

• Photos and/or video of the accident
• Police reports of the accident
• Emergency medical reports of the accident
• Quotes and testimonies from others who were at the scene of the accident — either in your vehicle or other drivers or pedestrians
• Detailed medical reports and bills
• A complete list of your symptoms and medical problems
• Documentation of lost wages and/or salary
• Any other pertinent information

Who to Sue After an Accident?

The first question at-hand after you’ve determined that the accident was not your fault is: Who do you sue? The basic choice is between the at-fault driver’s insurance company and the at-fault driver themselves. The question of whom to sue comes down to several factors. First, does the other driver have auto insurance? Unfortunately, many uninsured drivers are on the road in Arizona. If the other driver does not have insurance, it makes sense that you won’t be able to sue an insurance company. Next, remember that it’s possible the other driver is underinsured. This means they do have liability insurance, but it’s nowhere near the amount sufficient to cover your injuries, lost wages, and pain and suffering. In this case, it’s probably also not worth it to file a lawsuit with the other insurance agency. In both of these situations, your next step will likely be to sue the at-fault driver.

If the Other Driver Has Substantial Insurance: Settling Vs. Suing

If you’ve worked with a lawyer to examine the evidence in your case, and you’ve determined that the insurance company should be the party held accountable for your compensation, your next decision is whether to settle with or sue them. Settling your case involves working with the at-fault driver’s insurance agency to see what they’re willing to offer. In order to do this effectively, it’s wise to hire a lawyer. Having counsel on your side lets the insurance agency know you mean business. For this reason, contact a personal injury lawyer whenever you plan to negotiate with (or possible sue) an insurance company. Furthermore, look out for the other party’s insurance company to contact you quickly after the accident and offer you a check. Do not accept this check. This is their attempt to settle quickly and for less money than you deserve. The insurer (the other driver’s liability insurance agency) will inevitably low-ball you. They’ll likely look at the accident, examine the evidence and the personal injuries you incurred and give you a final offer that fails to fully compensate you for your medical bills, lost wages and salary, and pain and suffering.

This doesn’t always happen, but it’s common. Why? Because auto insurance agencies are concerned about their bottom line. Yes, they must have the interests of their policyholders in mind as well (the party who caused the accident), but they’re also looking for the best ways to avoid large payouts.

In this vein, they want you to assume their settlement is the best deal you’re going to get. They want to convince you that if you don’t take their offer, you’ll be left with nothing. In fact, insurance agencies are exceptionally convincing in this way. They’ll tell you anything to get you to believe that you’re a fool to deny their offer and escalate the issue. Again, this is why you need a reputable lawyer on your side.

If you are unable to negotiate a fair settlement with the other party’s insurance agency, this is when a lawsuit against the insurance company may make the most sense.

When to Sue the Other Driver

So far, we’ve been discussing lawsuits against insurance agencies. However, remember that there is another possibility when it comes to personal injury lawsuits as well — suing the other driver. This is not always the best option, but it’s one to consider. Essentially, you’ll need to speak with an experienced personal injury lawyer to determine if this is the next step you should take.

Remember, you deserve fair compensation for your injuries. Getting into a serious auto accident that was not your fault can upend your entire life. In the state of Arizona, you are entitled to complete compensation.

Were You Recently Involved in a Phoenix Traffic Accident?

Without warning, a car accident can disrupt your life in virtually every way. Emotional and physical pain, mounting medical bills, a loss of transportation, and possibly even the loss of work can bring previously unknown trauma and suffering.

At Brad Johnson Injury Law, it is our job to fight for people in your exact situation. You deserve the compassion and commitment of a team of legal experts, and that’s precisely what we provide at our law firm.

If you were the victim of a recent Phoenix traffic accident, call our law office today at 602-910-4952 to schedule your free initial consultation.

So, you’ve been injured due to the negligence of another person or entity, and you know you need the services of a personal injury lawyer. But where do you turn?

It’s critical to find a personal injury lawyer who will be a good fit for you and the particular situation you find yourself in. Therefore, your first step should be to narrow your choices. 

The best way to do this? Ask questions. 

Find a firm who specializes in personal injury law, make a consultation appointment, and bring a list of your most pressing questions. Most personal injury lawyers offer no-obligation initial consultations. This means you can meet with them for free to explain your case and get some feedback.

Generally, at this meeting, the lawyer will tell you if they think you have a strong case. But it’s also an excellent time to ask important questions that can help you decide if this lawyer will be right for you. 

In our more than 20 years of experience practicing personal injury law in Phoenix, we’ve found that the most important questions clients ask during their consultation meetings are as follows:

1. How long have you been practicing law?

With this question, the answer you’re looking for is simple: The longer the lawyer you’re speaking with has been practicing personal injury law, the better. 

It’s also good to affirm that the lawyer has been practicing personal injury in your state and region. Local laws change as you move around the country, and you want someone with experience in your particular geographic location.

2. What types of personal injury cases do you usually handle?

There are different types of personal injury cases. Many lawyers will specialize in one sub-area — for example, personal injury auto accidents. Get a good handle on what types of cases the lawyer you’re speaking with has handled in the past.

3. Have you handled cases such as mine before?

Remember that personal injury cases can be different even in the same sub-area. So, for example, if you were driving and got involved in a car accident caused by a drunk driver, this type of case will still be very different from an accident wherein you were hit by a company semi while on your bike. 

Ideally, your personal injury lawyer has experience with cases that occurred under similar circumstances as yours. This will give them valuable understanding and an advantage as they move forward with your case. 

4. Do cases like mine generally have a positive outcome?

If the lawyer you’re interviewing has indeed handled cases similar to yours, ask about the outcomes. Naturally, you want to hear that they were able to win the cases for their clients and receive substantial payouts to cover the deserved damages.

5. Will you actually be the one handling my case?

Some legal firms will have huge teams of lawyers working for them. Though you may meet with a partner upon your initial visit, this won’t necessarily mean that you’ll be working directly with that lawyer. 

While this isn’t always necessarily a bad thing, you deserve to know if that’s going to be the case. Unfortunately, some lawyers won’t volunteer this information. Therefore, always ask: If I move forward with my case at this law firm, who exactly will I be working with on a regular basis?

6. How does a case like this work? What is needed from me?

Ask about their procedure for handling the case. This may vary, depending on your unique situation and the circumstances of your case. Generally, you’ll be asked to provide documents and evidence to start with, which can take a substantial amount of time. The documents and evidence may include photographs and video, police reports, medical reports, pay stubs, insurance information, witness testimonials, and more.

7. How much will it cost me to hand over my case to you?

Most personal injury law firms work on a contingency basis. This means that you don’t pay them unless your lawyer wins your case for you. In that case, they will receive a percentage of the damages you win from the at-fault party. Generally speaking, the fixed percentage that will need to be paid to the lawyer if you win will be about one-third of your recovery (damages).

8. How long do cases like this usually last?

Lastly, you’ll want an idea of how long your case should usually last if you decide to move forward. Again, this can vary widely, depending on a myriad of factors, but it’s a wise question to ask. Your lawyer will often have a rough idea of the timeline you can expect.

Are You in Need of a Highly Experienced Personal Injury Lawyer in the Phoenix Area?

Personal injury cases are those in which an individual is seriously injured as the result of the negligence of another person, company, organization, or the government. 

Being severely injured in such a situation can lead to tremendous physical and emotional pain and suffering. Moreover, recovery will undoubtedly require substantial and ongoing medical treatment and mounting health care bills. Some people individuals will end up losing time at work and may even lose their jobs entirely. 

At Petersen Johnson, we work on behalf of these individuals and their families. It is a cornerstone of our firm that they are treated fairly and with compassion and commitment. 

If you have been unfairly injured due to the negligence of another, please call Brad Johnson Injury Law. We would be happy to schedule a free, no-obligation initial consultation with you to discuss your case. Call today at 602-910-4952.

No matter what kind of auto accident you are in, you are almost guaranteed to have a hassle ahead of you. But different types of accidents present their own unique set of challenges.

Preventing Rear-End Accidents

 Across the country, rear-end accidents represent up to 30% of all traffic accidents, and they happen no matter what condition the road is in, and in just about every type of weather. As you may expect, they are most common near intersections. Taking extra care can go a long toward preventing these accidents or lessening their severity. Here are a few things drivers can do.

Leave a Proper Gap When Driving

It is important to have plenty of space in front of you as you drive in order to give yourself plenty of reaction time if a car slows down in front of you.

Watch Your Speed

Avoid speeding. Some areas have had increases in speed limits and traveling at higher speeds makes it more difficult to stop to avoid hitting another vehicle. The faster you are driving the longer it will take to stop. By keeping speeds reasonable, perhaps even slightly under the speed limit, you can prevent an accident or greatly reduce the potential impact.

Have a Buffer Zone at Stops

With stop-and-go traffic, it is easy to want to move forward as much as possible at each opportunity. However, it is best to leave a buffer zone at stop signs and stoplights between yourself and the driver in front of you. It will give you extra time when traffic is moving again.

Avoid Distractions and Be Ready for a Green Light

Also, if you are one of the front cars coming to a stop, be sure to stay attentive at the stop sign or light and be ready to move forward again as soon as it is safe to do so.

Reacting to an Accident

Sometimes you can be as careful as humanly possible, and you still manage to get rear-ended, or perhaps you run into someone else. It is easy to get emotional, but it is important to keep your cool and stay neutral as you are reacting to the accident. Show concern for others involved, especially is anyone seems to be injured, and properly attend to your own injuries or potential injuries.

With rear-end accidents especially, injuries are not always apparent. Be careful not to declare yourself “fine” right off the bat, even if that is how you feel. It is very common for symptoms like neck or back pain to surface several hours or even days after an accident. Whether your vehicle was the front vehicle or the back vehicle, you can still be assessed as being partially responsible for the accident. In every accident, there are many factors that come into play, so it is important not to admit to any specific wrongdoing until the incident has been fully investigated. Many people go to the emergency room to assess injuries but getting checked by a chiropractor as well can be beneficial as well as it will tie related injuries to the actual incident.

How an Attorney Can Help You

So, people react to a car accident by simply exchanging information and best wishes to anyone who is involved. They may call their insurance agent who will offer to process the claim quickly and allow you to get back to your life. This can be a mistake. Injuries may be under-reported and the right to make a larger claim may even be voided. Insurance agents may seem nice and helpful, but they work for the insurance companies and the smaller your settlement is, the better things look for them.

When You Win, We Win

At Brad Johnson Injury Law, our success is tied to your success. We don’t get paid unless you win your case. We will go the extra mile and look at the details of the police report in order to help assure that the fault is properly assigned. We can also make sure that compensation doesn’t end with paying your immediate medical bills or fixing your car, but we’ll make sure factors such as ongoing pain and suffering, lost wages, and care expenses for your family are all considered fairly. All too many people involved in a rear-end collision think they are fine, only to deal with chronic pain for the rest of their lives.

At Brad Johnson Injury Law, our reach extends beyond Phoenix to help those who have been involved in car accidents and other personal injuries across Arizona., whether it’s Mesa or Scottsdale or one of several other cities in the state. We highly recommend that you come see us as soon as possible after an accident. By doing this, you help to build a strong case and get you the care and compensation you need.

To learn more, contact us at 800-3-Injury to schedule a free consultation.

Traffic accidents are a stressful experience for everyone involved, and when there is damage to the vehicles involved or injuries to the drivers or others in the vicinity, that stress only multiplies. Of course, the first question to ask is, “Is everyone okay?”, but after that, it’s time to determine fault. In Phoenix, Arizona there is a lot to consider when determining who is responsible for a traffic accident, and to what extent.

Understanding Comparative Fault

Arizona is a comparative fault state, so whoever is at fault for an accident is the one that is held financially responsible for paying for any costs connected to the accident. Liability, however, isn’t necessarily given to just one driver. Many factors come into play when an auto accident happens, and those involved may be assigned a percentage of fault, which can affect how much of an insurance settlement that person qualifies for.

When you are involved in a traffic accident, it can appear at the time that the fault lies completely, or nearly completely with one individual, but further investigation may reveal that both parties played a role, or there may even be some other factor that adjusts fault in a particular case. Police reports and insurance companies often look at an incident from a different perspective, and it is best not to assume anything or be overly anxious to take all the blame. 

When you are at the scene of an accident, it is natural to be concerned about anyone who might be hurt, but it is important not to use this as a reason to blame yourself, at least not openly. Liability can be affected by many different factors. You don’t know what was going on inside the other car. 

Once the full story is out, you may feel completely different about the accident, and by that time it will be too late to take back anything you may have admitted to. It can even cause the insurance company or others involved in the accident to accuse you of perjury. 

Emotions run high after a car accident, but having a steady professional, such as a car accident attorney to help you can help clarify what happened and prevent you from taking too much blame or help make sure your own compensation is fair as well. 

Rarely is One Person Entirely to Blame

One of the reasons why Arizona is a comparative fault state is because it is rare that one person is completely at fault. Even if something seems obvious, like hitting someone when turning on a red light, it can have a varying fault level if the other driver was going too fast or was distracted while behind the wheel. It may seem cold, but don’t state that the incident is your fault, even if you believe it to be. Be as straightforward as possible when reporting the incident to police but resist the urge to fill in the blanks when you come across information you don’t understand or remember. Talking to an attorney as soon as possible can help many of those questions get answered and give you peace of mind that someone is on your side looking after your interests.

There’s a good chance that both your own insurance company and the insurance company of the other driver will try to get you to admit to a larger share of the blame than you really deserve. This can be done by asking direct questions, or more subtly through small talk. You need to sort things out in your own head, with your own attorney before making official declarations. It is also best to consult an attorney before releasing any rights to your medical information. 

The Difference of Pure Comparative Fault

In Arizona, Comparative Fault is assessed as a “pure comparative fault.” It looks at how much the plaintiff’s damages cost in dollars and assigns a percentage of fault to each party involved. If it is determined that your accident “costs” $100,000, (including medical bills, lost wages, pain and suffering, and other expenses), and you are 30% responsible your portion of the payout from the insurance company will be reduced to $70,000. 

Because of the “pure” comparative value, you may be entitled to compensation even if it is determined that you are the one who is 70% responsible, but your payout would be just 30% of the assessed costs. This is different than other states with comparative fault rules, that don’t allow for a payout if fault is more than 50%.

At Brad Johnson Injury Law, our accident attorneys understand that traffic accidents are hard on everyone involved. Situations arise while driving that drivers don’t always have complete control over, and whether you are in Phoenix, Scottsdale, Glendale, Avondale, or Paradise Valley you deserve a thorough examination of your personal injuries, damage to your vehicle, as well as the proper assignment of fault percentage so that you can get the compensation you deserve, while minimizing any increase to insurance premiums going forward. To learn more, contact us at 800-3-Injury to schedule a free consultation.

Dogs enrich our lives in many ways, but as much as they are friendly companions, they also can be dangerous if they bite. In Arizona, dog owners and caretakers are held responsible for dog bites. That can be comforting if you are the person who was bitten by a dog, or somewhat distressing if it was your dog that bit another person. Either way, it is important to be prepared and to do what you can to prevent dog bites.

Preventing Dog Bites

Taking Steps to Not Get Bitten

The best way to handle dog bites is to not get bitten. That means not approaching dogs you don’t know. If they seem friendly, double-check with the owner to make sure the dog is likely to be open to the interaction. Let the dog smell your hand before you attempt to pet it. If a dog approaches you, stand still, and if they knock you over curl into a ball to discourage any aggressive behavior. Looking at a dog directly in the eye may be interpreted as aggressive. If a dog is running loose, don’t look at them directly, but tell them firmly to go home.

It is important that dogs are comfortable and do not feel threatened in order to reduce the chance that they will bite. Aggressive behavior, even in play should not be encouraged. Running from a dog or making loud noises may make him feel defenses. Dogs are also on high alert if they are eating or sleeping, or if they are taking care of their puppies.

Keeping Your Dog From Biting Others

For the most part, dogs will treat others how they are treated, so be sure to raise them in a gentle, non-threatening environment and avoid aggressive play that may turn into real aggression. Make sure they are supervised and confined to your home and don’t let them run free off-leash where they can escape and get into trouble. Instruct children, guests and strangers to use care if they approach your dog, regardless of how friendly you believe your dog to be.

What to Do If You Are Bitten By a Dog

If you or your child is bitten by a dog, tending to the immediate wound or wounds tops the list of things to do. After that, the most important thing to do if a dog bites you or your child is to identify the dog and their owner. This will allow you to know what kind of hidden dangers may be included with the bite. First of all, you will need to determine if the dog is current on their rabies vaccination, but there are also other ailments that you may find yourself afflicted with after a bite including

• Staphinfections
• Capnocytophaga bacteria, which can contribute to infections in people with weak immune systems
• Pasteirella bacteria, common in dog bite wounds that cause swollen glands and joint problems for those with weak immune systems.
• Tetnus- a type of toxin that can cause paralysis, especially with deeper bites.

A dog bite is no joke. Even if it doesn’t look serious, it is important to get medical attention as soon as possible. 

You not only need to protect yourself from the immediate wound, but you need to protect yourself legally. That means treating it like any other type of accident and getting information from any witnesses, taking photos of the wounds and contacting a dog bite attorney.

Taking Action After a Dog Bite

In Arizona, if you want to take action after being bitten by a dog, there is a limited amount of time to do so. The statute of limitations for negligence is two years, or in the case of a dog biting a child two years after that child turns 18. There is, however, a strict liability rule in Arizona, which means that the owner is liable for the bite, whether they had reason to suspect the dog could be potentially aggressive or not. The statute of limitations for strict liability is only one year. If you are defending your dog as an owner, you will need to show that your dog was provoked or that the person bitten was trespassing at the time the bite happened.

For dog lovers, it can sometimes be tempting not to report a dog bite, but for the safety of the community, it is important that these incidents be reported. Once a dog is reported to have bitten someone, they will need to be quarantined for ten days. If they are current on all their required vaccinations, they can stay home. If they are not current, they must stay at the pound or at a veterinary hospital at the expense of the owner.

Viciousness Determination

By law, the county will need to determine whether the dog should be considered “vicious” and may rule that proper warning signs are displayed or in some cases, an especially aggressive and dangerous dog may need to be put down.

Caring For Current and Future Injuries Caused By a Dog Bite

In many ways, dog bites are like many other personal injuries. They result in both immediate medical costs and may mean that the injured person has to take time off work, have extra expenses while they recover, and have an extended period of pain and suffering. Unless the dog owner can put up a strong case that their dog was provoked, they will be held financially responsible for these expenses. 

At Petersen Johnson, we can help you keep track of all your dog bite-related injuries and promptly file a claim to get the compensation you deserve for your injury. To learn more, or to schedule a free consultation, contact either our Phoenix location or our West Valley location in Avondale at 602-910-4223.

Insurance fraud is a serious offense in Arizona, and one of the most common types of insurance fraud is the staged accident. 

Criminals stage auto accidents in order to obtain undeserved insurance payouts. Of course, insurers pay close attention to all of their payouts in order to catch fraudulent claims as soon as possible. After all, it’s the insurance agencies who are seen as losing the most in these situations. 

In reality, however, another party is often instigated when a criminal stages an accident for a fraudulent insurance payout, and that’s the individual or organization who is said to be at-fault for the accident — the party whose insurance pays out the claim. This could be you. 

Below, we’ll outline everything you need to know about staged auto accidents in Arizona, including what you can do if you think you’ve fallen victim to such a crime.

What Is a Staged Accident?

Insurance fraud occurs when a claimant makes a false or exaggerated claim with an insurance agency — either their own insurer or another party’s. A staged accident is a type of insurance fraud. 

In a staged accident, several criminal-minded individuals make a pre-organized plan to stage an auto accident in which it will appear that another innocent party was at-fault. After the accident occurs, the group who supposedly incurred injuries in the accident will file numerous claims with the innocent at-fault party’s insurance.

Here’s an example called the “swoop and squat”:

Let’s say you are the innocent driver, just trying to get to work on an average weekday.

Traffic is heavy on the freeway, and vehicles are constantly merging on. Suddenly, the car in front of you breaks abruptly and comes to a complete stop because a car had dangerously cut in front of them as they merged onto the highway.

You try to brake and avoid hitting the car, but you’ve no chance, and instead, you slam into their rear. 

While you might assume that this is simply an unfortunate accident, this is actually one of the most common staged accidents, and it even has a name: The “swoop and squat.” 

In this scam, once the supposedly injured party has obtained your insurance information, they will file multiple claims in order to get your insurance to pay out large sums of money.

Where Do Staged Accidents Tend to Occur?

You’ll often see this type of insurance fraud in no-fault states. 

While exact definitions vary, no-fault states are basically those that do not require you to prove fault in another driver in order to receive an insurance payout for injuries incurred in an accident. Instead, the process is more streamlined and, in many ways, more direct. 

In Arizona, which is not a no-fault state (it is a fault-based state), staged accidents are still quite common. Many of the staged accidents involve multiple parties. As opposed to one party accusing another party of causing an accident that they, in fact, orchestrated, Arizona sees a lot of staged accidents involving literal crime rings of numerous actors who all get payouts once the grift is successful. 

For example, in the example above, a “runner” may arrive on the scene. “Runners” are individuals involved in the scam who “just happened to be passing by” and will recommend that the injured parties be checked out by a doctor. But the doctor will also be in on the grift. They will diagnose injuries that are difficult to prove, thusly providing the perfect “evidence” that the “injured” parties were indeed injured by your “reckless driving.”

How to Spot a Staged Accident

The real victims of staged accidents are those drivers who are pinned with the fault in a serious auto accident. But it can be hard to know if an accident you are involved in is indeed a staged accident — or just an unfortunate event. 

To help you discern the veracity of an accident, look for these signs, which may indicate foul play:

• Sudden stops that come out of nowhere
• A vehicle loaded with people who all seem to have medical issues after the accident
• Individuals who complain incessantly of injuries even though the accident didn’t seem that severe
• Seeing “jump-ins” when it suddenly looks as though individuals are jumping in and out of nearby cars (or coming out of nowhere) so that it appears there were more passengers in the car you hit than there really were
• “Runners” or “cappers” who turn up suddenly at the scene of the accident and try to get you or others to do things like see a doctor or call a particular attorney.
• Other witnesses who make phony claims
• No interest in calling the police from the other party

What you should do in the event of an auto accident you are involved in:

• Call the police immediately
• Start documenting everything immediately with your smartphone or a camera
• Do not listen to and avoid supposed witnesses and “runners” who suddenly appear at the scene
• Call an attorney if you suspect any sort of foul play

Are You Concerned You Were Targeted in a Staged Accident? Contact Brad Johnson Injury Law Today

At Brad Johnson Injury Law in Phoenix, our primary goal and the cornerstone of our firm is to stand up for the rights of traffic accident victims. 

If you believe you may have fallen victim to a staged accident, you have the right to prove fraud and seek damages, not only for your personal injuries and pain and suffering, but for any additional expenses such as damage to your vehicle, insurance payouts, and increased premiums. 

Our attorneys at Brad Johnson Injury Law are on your side. Contact us today at 602-910-4952 to arrange a free case evaluation.

How Common are Wrong Way Accidents?

Most people will never have the unfortunate experience of seeing a vehicle moving toward them on the highway, going the wrong way. In Phoenix in 2017, these represented just one out of 10,000 crashes. But more than likely, they sparked immediate terror. And that terror is justified. Nearly a quarter of the time a wrong-way crash results in someone getting killed. Nationwide, that amounts to about 350 people a year.  Other types of crashes aren’t nearly as deadly. The overall fatality rate in traffic accidents is about .5 percent. It’s a serious enough problem to cause Arizona governor to sign a law declaring that wrong-way accidents be considered a felony in the state.

Preventing Wrong-Way Accidents

Like most accidents, driving the wrong way involves a mistake in driving skill due to one or more types of impairment. Drivers going the wrong way are often speeding or driving recklessly. More than two-thirds are intoxicated, and other types of distraction, such as cell phone use is common as well.  Forty percent of the intoxicated drivers have a blood alcohol level of at least twice the legal limit. In the rare case where alcohol or drugs are not involved, drivers are often elderly.

The Arizona Department of Transportation is taking this problem seriously as well and have taken the innovative step of installing thermal cameras on I-17 in addition to standard deterrents, such as bold signage with messages such as “Do Not Enter” or “Wrong Way.”  The cameras are designed to further signal the driver’s error by flashing a wrong way message on the exit. Another message is sent to law enforcement, and at the freeway’s entrance in an attempt to warn drivers going the right way.

When Do Wrong-Way Crashes Happen?

The most common time for a wrong-way crash is right around one or two in the morning, especially on the weekends. Most of the time the drivers live in the state and are usually male.

Defending Yourself Against a Wrong-Way Driver

Seeing a vehicle speeding toward you on the freeway will likely surprise you. If it happens, slow down and move away from the driver, preferably off the roadway. Call 911 and report the incident.

Wrong-Way Victims

If you haven’t been involved in a wrong-way crash, it is easy to write off these incidents as rare and try to worry about it, but the victims are real.  A few examples include

• Two students of Grand Canyon University in Phoenix in April 2017
• Another crash on State Route 51, two months later, which prompted more strict enforcement for wrong-way drivers.
• In March of 2019, a wrong way accident killed four people on I-10. The driver, who was in a pickup, and three people in a van going the right way were all killed.

Fighting Wrong-Way Drivers

Even with the state aggressively working to eliminate wrong-way accidents, they are still happening. If you are involved in one or lose a loved one because of a wrong-way driver there is something you can do about it.

Holding drivers accountable by reporting them when you see them is a good start. There are many instances where the new measures in place are working. Footage of wrong way cameras is showing that many drivers do turn around and go the right way after entering the freeway the wrong way initially. Department of Public Safety Officers are quick to respond in order to catch up with wrong-way drivers as quickly as possible and get them off the road. With their high impairment rate, they aren’t exactly safe to have on the road, even going in the right direction. 

Aside from reporting the incident to authorities, you may also want to call your attorney. Reporting is similar to reporting other crashes. Take pictures, record audio, turn on your dash camera and file a police report if you are able to. Always remember to take care of anyone who is injured. 

Often in auto accidents, a person will not feel injured due to an initial adrenaline rush from simply having survived. Later, the pain catches up. Talking to an attorney sooner rather than later will help keep the incident and your injuries connected and increase your chances of receiving compensation for your injuries, or from your losses in a wrongful death lawsuit. Just because law enforcement has increased for these accidents doesn’t mean your fight will be any easier. Criminal charges are completely unconnected to your personal injury claim.

At Brad Johnson Injury Law, we see a lot of different types of injuries from auto accidents, slips and falls, dog bites, and more, and have helped many get compensation beyond what they might receive by filing a standard insurance claim. Even the most “neighborly” insurance agents are ultimately working for the insurance company, and often do not get their clients what they deserve to cover both current and future related bills that step from an accident.

To learn more about how you can get the compensation you need after an Arizona wrong-way accident, contact Brad Johnson Injury Law at 602-903-2617.

There’s been a lot of attention put on distracted drivers in recent years, and in some cases, it has taken away from a problem that has existed for a long time, long before cell phones were commonplace. Drunk driving. As a nation, the U.S. has a serious issue in drinking and driving. According to the Center for Disease Control, about a third of traffic fatalities involve a drunk driver in some way. Clearly, we can’t let ourselves be distracted from the issue of drinking and driving, it’s an important issue for both the person who is charged with a DUI, as well as anyone injured or affected by an impaired driver.

What Does It Take To Drive Impaired?

It is easy to be horrified by drunk driving accidents, but there are many who get behind the wheel after drinking more often than they like to admit. In Arizona, and across the country, the legal limit for blood alcohol content is .08 percent, or if the person is driving with a commercial license it is .04 percent. If the driver is under 21, any amount of alcohol in their system will make them vulnerable to being charged with a DUI. Technically, any amount of alcohol can compromise a person’s ability to operate a motor vehicle safely, regardless of how well they think they can “hold their liquor” or how good of a driver they might be. 

In Arizona, drunk driving accidents happen slightly more often than the national average, however, fewer people report that they have driven after drinking too much. Between 2003-2012 over 2900 people were killed in Arizona drunk driver-related crashes. 

There are many calculators that attempt to show people how much they can safely drink and stay below the legal limit. These are calculated by considering factors such as gender, weight, and food consumption along with the amount and type of alcohol consumed and rate of consumption. Women normally metabolize alcohol slower than men, because biologically, they have fewer enzymes to break it down. Weight is not created equal either. Someone who is heavier due to a greater amount of muscle will metabolize faster than someone of similar weight, but a higher percentage of body fat. 

Who Gets DUIs?

Despite the fact that women are more vulnerable to having their BAC rise over the legal limit, there are significantly more males being charged with drunk driving, accounting for almost 70% of drivers involving alcohol. Women get DUIs too, of course, and may need to be even more careful because alcohol metabolism is harder to pin down.

What a DUI Means

The state of Arizona is not shy about charging and fining for a DUI. Even on a first offense, a person found driving with a BAC over .08 can be put in jail for 10 days and fined over $1200. This goes up to 90 days and $3000 if it is a second offense. Penalties climb further id BAC is measured above .15 percent. Monitoring after a conviction ranges from having your vehicle fitted with an ignition interlock device to the loss of the driver’s license. Jail time, education and treatment, and community service may all be required as well.

If You Are Stopped for a DUI

The first person to make a guess as to whether a person is suspected of a DUI is a police officer. In most cases, the officer will notice that driving skills are impaired in one of several ways, such as by going too fast, weaving on the road, or improperly obeying traffic signals. They may also come onto the scene of an accident and see someone who appears to be intoxicated, without witnessing that person actually being behind the wheel.

If an officer thinks you look intoxicated, they will often attempt further investigation, which normally involves field sobriety tests. A person who finds themselves in this type of situation should always be courteous, but they can ask to speak to an attorney in private. Often, officers will ask to perform a field sobriety test, but the results are highly subjective and can be easily failed even if the person has not been drinking, simply because of lack of coordination or from being nervous over being stopped. It is okay to refuse a field sobriety test, but in most cases, you should cooperate with a blood test. When the BAC blood test is confirmed, if it is over the legal limit the person will be informed of any legal action against them.

If you are Injured, or if a Loved One is Killed by A Drunk Driver

If you or a loved one is on the other side of a drunk driving accident and are injured or killed, it is important to work with an attorney of your own. Do not assume that the criminal justice system will take care of you. Legal ramifications for drunk driving and civil action are two separate things. 

At Petersen Johnson in Phoenix, we stand up for victims of traffic accidents and have done so for over 20 years. Whether a person’s drinking and driving has led to a personal injury, or you need to pursue a wrongful death suit, we can often help our clients get compensation for their injuries or loss, even if the driver somehow escaped criminal charges. We also cooperate with police with our own investigation and may help justice be served there as well. Contact us at 602-910-4223 to schedule a free case evaluation.

Being involved in any traffic accident in Arizona can be devastating, but if that accident is a truck accident, suddenly it is time to take things to a whole new level. It isn’t just that large rigs are big, and that other vehicles dwarf by comparison. There are various laws that distribute responsibility for a truck accident differently than accidents that involve only standard-sized vehicles.

The U.S. Department of Transportation, National Highway Traffic Safety Administration (NHTSA) definition of a large truck is a truck that weighs over 10,000 pounds but is not a bus or motor home. In 2016, eighty percent of fatal crashes involving trucks were the very heavy types, weighing in at 26,000 pounds or more. A total of 4,317 people were killed in truck crashes nationwide that year. All but 722 involved were either occupants of other vehicles or people who were walking or on bicycles. Arizona played a significant role in those crashes, accounting for 83 fatalities, or 1.9% of the total.

Why Do Large Trucks Crash?

Large trucks crash for many of the same reasons that any other vehicle crashes. Drivers get distracted or fatigued and sometimes they are under the influence of alcohol or other substances. Since drivers are on the road several hours a day, making a driver’s working day longer than it is for most other jobs. 

Truckers are supposed to abide by the Hours of Service Rule that says they can drive no more than eleven hours in a fourteen-hour workday before taking ten hours off from driving. If a driver is on duty for 60 hours over 7 days or if they drive 70 hours in eight days, they are supposed to be off duty for 34 hours.

These rules still put high demands on truck drivers, which are made even more difficult. Policies often make it tempting for the driver to work even harder by offering incentives or paying by the mile. In some cases, log books become inaccurate, and fault becomes harder to pin down.

Who’s Responsible When These Crashes Happen?

Since truck drivers are at work when crashes happen, and it is usually the other vehicle or person involved that gets hurt, in most cases the fault is a mix between their company the driver works for and the driver themselves. There are also many cases where drivers are themselves contracted workers. Working for themselves increases the likelihood of the driver is at fault. 

In some cases, the load that the driver is carrying may be owned by someone else entirely, which can throw yet another wrinkle into the question of fault. At Brad Johnson Injury Law, we have dealt with many complex truck accident cases, and have the knowledge and tools available to get to the bottom of who is responsible in order to get you the compensation you need and deserve after suffering from truck accident injuries.

Reacting to a Truck Accident

If you are fortunate to sustain less severe injuries during a truck accident, it is most important to help see that anyone who needs immediate medical attention gets it. After that priority is taken care of, you’ll need to document as much about the accident as you can. Take notes, turn on your dash camera, and take photos with your cell phone. In many cases, there will be a black box inside the truck that will also be tracking information. Filing a police report can also help by creating an official record of the accident. All these tools are valuable to your attorney as they go up against the legal teams of the trucking company, the insurance company, and anyone who may be representing the truck driver. Obtaining a strong foundation, early in the process can help build a strong case.

What if You’re Hurt?

Because these trucks are so big, injuries from truck accidents are more likely to be severe or even fatal leaving long term physical pain and economic devastation.  Injuries from a truck accident often mean missed work, and sometimes leave injuries that permanently disable a person and cause chronic pain, not to mention psychological injuries such as anxiety, and Post-Traumatic Stress Disorder (PTSD). It is important to fully examine the range of injuries sustained as soon as possible after an accident because it helps to create a stronger link between the event of the accident and injuries sustained.

Wrongful death injuries are connected to truck accidents as well. The person’s family faces hardship in many cases, not only because they may have many medical bills, especially if their loved one fought for their lives in a hospital before passing. They also lose that person’s income and endure pain and suffering from not having them in their lives anymore.

After a truck accident, life often becomes an uphill battle, but it is battle that becomes much more bearable with a competent attorney on your side. At Brad Johnson Injury Law, we investigate your case thoroughly in order to determine the cost of your injury, or your loss and who is responsible for providing you with compensation to move forward. To learn more, or to schedule a free consultation, contact Brad Johnson Injury Law at 612-910-4952.

There is a potential for an accident regardless of where you drive, but there are places in Arizona where it is necessary to be a little more careful in order to stay safe.  Here are seven of the most dangerous roads in the state.

U.S. Highway 93; Phoenix to Las Vegas,

This stretch of road is listed by Arizona News as not only a dangerous road in Arizona but the most dangerous in the country. Between 2010-2016, 90 people were killed in 70 crashes on this stretch. Medical response times are typically slower in this area, making it even more vital to be extra careful on this road.

Beeline Highway (State Highway 87)

Arizona State Route 87 from Eloy to Payson is referred to as Beeline Highway. Many people travel the road for great hiking in Payson, but there a lot of zigs and zags and twists and turns along the way.

Salt River Canyon

Salt River Canyon is near Globe, AZ and along U.S. 60. It is very scenic, but if you really want to enjoy the view, let someone else drive, or actually pull over to look around. the road itself is winding, and there are no walls to help protect you from heading into oncoming traffic. It’s a true test of focus.

Interstate 10

I-10 is the road most traveled by those heading to the beaches in California. It goes all the way across the state, from Tucson to Phoenix.

Interstate 17

If you want to go from Phoenix to Flagstaff, chances are you’ll spend some time on I-17. The problem with this road is the elevation. It actually gets icy, and by the end of the journey, the densely populated, which can make for a lot of accidents waiting to happen

Interstate 19

At less than 65 miles, connecting Nogales and Tucson, I-19 isn’t especially long, but it is known for being deadly. The stretch was ranked in the top 40 of America’s 100 Deadliest Highways. Between 2004-2008 57 people were killed on the highway, nearly one per mile.

State Route 64

State Route 64 is another highway that has a high accident rate, largely because traffic moves very fast. The average speed is over 80 mph, and it is not unusual for speeds over 110 mph to be reported. Many of those travelers are headed to the Grand Canyon, with many drivers not used to the road. 

Driving Safe on Dangerous Roads

While avoiding dangerous roads is the absolute safest bet, it really isn’t a practical option for most people. Your defensive driving skills will need to be on high alert in order to stay safe on these roads. The first thing to do is to make sure you are not unnecessarily impaired as a driver. That means avoiding any driving in a compromised state, including when you are fatigued, are under the influence of alcohol or other substances, are using your cell phone (including hands-free). Arizona recently passed a law restricting the use of handheld devices while driving, but there is still some level of distraction, even using hands-free models. It is best to keep your phone out of temptations reach during some of these dangerous roads. You need to be at the top of your driving game on these roads, and you need to keep a close eye out for anyone else who might not be as careful as they could be.

If You Are In An Accident

Staying calm and making sure everyone is okay is probably the best tip to follow in the immediate aftermath of an accident. Be sure to take plenty of pictures and get witness accounts of what happened. File a police report, and talk to your insurance company and an attorney about your injuries and any potential financial losses you might face because of them.  The cost of an accident goes beyond fixing a damaged vehicle and paying for immediate medical care. There are often long-term problems that reduce potential earnings in the future or that result in additional daily expenses, like help with housework or childcare.

Every case is different, so it is important to continue to document your journey in order to give your lawyer the tools they need to help you. At Brad Johnson Injury Law, we assist clients from all over the state of Arizona and can help you determine what type of compensation is worth pursuing, and how to present your best case in order to recover as much as possible. We have a strong reputation in a wide variety of personal injury and wrongful death cases, and we work closely with police, investigators, and other professionals to build a strong case for you. to learn more about all the ways we can assist you after you’ve been injured on one of Arizona’s dangerous roads, Contact Brad Johnson Injury Law at 602-903-2617 to request a free consultation. If we accept your case, we will work hard to get you the compensation you deserve.

When you get in your car in Arizona, where is your phone? Is it in a bag beside you? Attached to your dash? In the passenger seat or cup holder?  Is it off or out of your reach, or put on silent with an auto message that you can’t answer because you’re driving? 

There are many ways to be distracted while driving. Distraction isn’t new, but phones have been shown to play a stronger role than other distractions, such as music, conversation with passengers, disciplining children, or eating/drinking.

Distracted Driving in Arizona Finally Getting Attention

According to the National Highway Traffic Safety Administration (NHTSA), 3,166 people were killed due to distracted driving in 2017. Several states, including Arizona, have gotten the message that it is time to pay attention. New laws are being added to the books frequently. 

In Arizona, the recent law passed in April 2019 involves the use of handheld cellphones while driving, HB 2318. The law makes talking or texting on a handheld cellphone while driving illegal in the state. 

The law was a long time coming and took twelve years of consideration before it was finally passed. Other states have found the laws to be effective, reducing accidents by an average of 16% in two years.

Although the law is effective immediately, it won’t be fully enforceable for over a year. Starting in January 2021 fines for using a cellphone without a hands-free option will be between $75-149 for a first offense and $150-250 for future offenses.

What Activities Are Included in the New Law?

Most people who have cell phones don’t just make calls and text. They use navigational systems, watch live television, listen to podcasts and more. There are also highly distracting devices that technically aren’t phones at all. Similar devices are covered by the law as a “stand-alone electronic device” that has stored audio or video. 

What’s most notable about the law is that it prohibits the driver to hold or support their device in any way. This goes beyond holding it with their hands. They can’t support it with any part of their body. Keeping a phone in a lap, or even a pocket might be argued as “supporting” the device, although it may be hard for a police officer to notice a phone being used in this way.

Exceptions to the Law

It seems that nearly every rule has exceptions, and the new cell phone distraction law has its share. Some of these include

• “Smart” watches that use voice communication attached to the wrist to communicate.
• Built-in vehicle interfaces that allow for hands-free operations
• Using devices with earpieces or headphones that involves no more interaction than pressing a button.
• Listening to texts that are translated to voice by a hands-free system
• Using a phone’s map or GPS in hands-free mode.
• Using the phone in an emergency to summon help
• Parked vehicles or those waiting for a train at a railroad crossing are permitted to use their phones, even without a hands-free system in place. This does not apply to someone being stuck in traffic or at standard stop signs or stoplights.

A Hard-Won Victory For Victims of Distractive Driving Accidents

There are a lot of people, including the family of police officer Clayton Townsend of Salt River, AZ who are pleased to see the cell phone ban passed, and who may even want to see it go further. This past January, Officer Townsend was killed by a driver suspected of being distracted. The officer’s mother pushed for the law.

With the law’s passing, Arizona is 48th in the nation to ban texting, and the 18th state to ban handheld phone use while driving. Advocates for the law are pushing for Arizonians to take the law seriously as soon as possible, even before it is technically enforceable. 

Fighting For a Distracted Driving Related Injury

At Brad Johnson Injury Law, we are committed to our clients who have been injured in a distracted driving-related accident or have lost a loved one. When people are hurt and lives are lost due to the misuse of cell phones and other electronic devices, it becomes far more than an inconvenience of a traffic violation. Distracted driving-related injuries change lives forever, and those who can’t be bothered to set their phones aside for the time it takes to get from point A to point B need to be held accountable for the injuries they cause. 

There are many possible injuries that may be sustained from pedestrian or motorcycle injuries to those sustained by persons in another vehicle. There are initial medical bills, but also there may be additional costs if work is lost, or if a loved one is loft who has helped support the family. It is the civil courts, not criminal or traffic courts that bring justice in these instances.

Personal injury attorneys, like those at Brad Johnson Injury Law, can often provide you with the legal support you need to fight back against your injury and the pain it brings to your life. We serve clients throughout the state, including the cities of Scottsdale, Mesa, Gilbert, Phoenix, Tempe, Avondale, Chandler, Paradise Valley, Glendale, Sun City, and other nearby communities. To learn more, contact Brad Johnson Injury Law at 602-904-7624 to set up a free consultation as soon as possible. Getting involved early in the process helps up to build a strong case and gives us the best chance of obtaining the compensation you deserve.

It’s easy to think of Arizona as nothing but open space and the perfect place to really open up your motorcycle.

But it’s not only an inaccurate image of the state, but that kind of high-speed high-octane behavior is illegal as well as very dangerous.

Yes, the Grand Canyon State has long stretches of highway going through the desert, but it also has dense urban centers with dense urban traffic to go with it and everything in between.

In 2018, it had the fifth-highest rate of fatalities for motorcycles in the country, according to the National Traffic Safety Administration.

Mississippi has 28,124 registered motorcyclists and 40 fatalities, a rate of 14.22. This was followed by Texas with 364,690 motorcyclists, 490 deaths and a 13.44 rate, then South Carolina with 12.27, Florida with 10.06. Arizona had 164,055 motorcyclists and 163 deaths, with a rate of 9.94.

For purposes of comparison, Montana and South Dakota were both at the bottom of the list with a rate of .75 and 1.36 respectively.

Motorcycle trends

Motorcycle fatalities do appear to be trending down nationally, but not necessarily in Arizona.

Nationally, there was a 5.6 percent decrease in all motorcycle deaths nationwide, from 4,990 to 5,172.

But in Arizona, the number of deaths actually increased by 14.6 percent between 2016 and 2017, with 165 deaths in 2016 and 144 in 2017. The state also saw an 8.6 percent decrease in all vehicle accidents in the same period, from 5,251 to 4,798.

These statistics also continue an unpleasant safety trend. Arizona was ranked No. 10 in all 50 states with motorcycle fatalities in 2015, with 130 deaths. A total of 17 percent of all state traffic fatalities that year were from motorcycles.

But the most recent year, 2018, shows that the numbers dropping slightly, from 165 fatalities to 150. Overall motorcycle crashes and injuries also decreased slightly.

Possible factors

Safety experts continue to seek reasons to explain why the risk of injury or death from motorcycle use remains high in Arizona.

• No helmet. Although riders or drivers under age 17 are required to wear a helmet, they’re optional for motorcycle riders and drivers age 18 and older. State law recently lifted this restriction, which allows tourists and residents to put their helmets aside when they zip through the state. Critics of helmet use say they limit visibility and inhibit personal freedom, while promoters say they are a good tool to reduce death by 37 percent or brain damage by 67 percent. (Only 19 states and Washington, D.C., have universal helmet laws for adults. Of the 150 motorcycle fatalities in the state in 2018, at least 64 weren’t wearing helmets.
• No motorcycle licenses. Although the state encourages people to earn a valid motorcycle license, the Governors Highway Safety Administration says that 27 percent of fatal motorcycle accidents nationwide involved drives without proper paperwork.
• Intoxication. Even with years of education about the increased risks of alcohol or other substances, people continue to get behind the wheel when they shouldn’t. This behavior increases the risk of hurting themselves or others. The GHSA reports that 25 percent of alcohol-impaired drivers ended up in fatal crashes, a higher figure than passenger cars (21 percent), light trucks (20 percent) or large trucks  (2%).
• Speeding. High speeds contribute to more serious accidents, and the longer strips of roadway between different communities may encourage people to go faster – increasing their risk of accidents. Speed overall is the most common cause of all vehicle collisions in Arizona, according to the Department of Transportation.
• Age. The GHSA reports that the number of motorcyclists, including those new to the vehicles, are getting older. The largest age group of riders involved in fatalities is over 40. Reflexes decrease over time, and it does require some effort that someone age 40 or 50 is trying to learn from scratch.
• Environment. Weather, such as rain or dust storms, could also be dangerous to motorcycle riders. Though motorcycle training programs encourage drivers to pull over and until the worst part of the storm hits, such as under a highway overpass, some riders may not be able to do so.
• Time of day. Driving at night can make it difficult to see obstacles and a driver may be fatigued, a physical condition that is believed to be as unsafe as driving under the influence of alcohol. Night driving also has the possibility of another vehicle not seeing you. At the same time, driving too long in the hot sun can also be unsafe. During weekends, crashes take place most often between 6-9 p.m., and during afternoon and morning commutes during the week.
• Time of year. Interestingly, October 2018 saw the highest amount of crashes, while December 2018 saw the most fatalities.

How we can help

We at Brad Johnson Injury Law are familiar with the pros and cons of motorcycle riding. We’re also experienced in the laws surrounding motorcycles, and we’ve been successful in assisting victims of motorcycle accidents to recover damages.  

A motorcycle accident can happen anytime and not aren’t the fault of the driver. So, this means that you might be due for compensation for medical costs if you’ve been severely injured. Or, if a family member has been killed in a motorcycle accident you may be able to seek damages, especially if someone else may have been at fault.

Were You Involved in a Motorcycle Accident in Arizona? Contact Brad Johnson Injury Law

Brad Johnson built his personal injury law firm with the founding principle that the victims of accidents deserve commitment and compassion. We’ll help you get the compensation justified for your injuries, pain, and suffering. 

Contact us today at 602-910-4952 to learn more.

According to the Governors Highway Safety Association’s annual report of pedestrian traffic fatalities, Arizona had the fifth-highest number of pedestrian fatalities in the nation, from January to June of 2018. 

This makes Arizona an extremely risky state for pedestrians, who can be knocked down and severely injured by cars, trucks, buses, motorcycles, bicycles, and even dogs. If you were recently injured as a pedestrian in Arizona, you have the right to file a lawsuit against the individual or party who caused your injuries. Compensation for your medical bills lost wages, and pain and suffering are warranted.

Below, we’ll discuss the most important things you should know about your rights as a pedestrian in Arizona, including common causes that can lead to pedestrian injuries and what you should do if you have been the victim of a recent accident.

Common Causes of Pedestrian Accidents in Arizona

Upon examining the unfortunate injuries and deaths of pedestrians in Arizona over the years, it has been found that the following situations cause most of the accidents.

Impaired Driving

Impaired driving, driving under the influence, or drunk driving all refer to the compromised state of a driver behind the wheel because of alcohol or drugs. In fact, impairment is most often caused by alcohol; however, other substances may be being abused as well. For example, it’s not uncommon for individuals using sleep medications to feel groggy or drugged behind the wheel. Marijuana, cocaine, heroin, and other drugs may also be factors in the event of a pedestrian collision.

Smart Phones

These days, cell phones are implicated in a large portion of pedestrian-related accidents and deaths. Cell phones may be being used by the driver of a car or even by motorcyclists and bicyclists. 

Those who can’t steal their eyes away from their phone to put their focus on driving their vehicle, motorcycle, or bike put pedestrians at risk. In fact, cell phone-related accidents now rival impaired driving accidents when you look at the statistics. 

Even when drivers use hands-free features (such as Bluetooth earpieces, speakerphone, or voice commands), they can still be cognitively distracted. This means they are focusing the majority of their mental attention on their phone call or voice-dictated text message instead of on their driving.

Furthermore, it’s nearly impossible to carry out even the most basic of hands-free actions without occasionally looking at the phone screen itself. But as we know, it only takes a millisecond of looking away from the road to cause an accident.

Distracted Driving

The most notable example of distracted driving is driving while using a smartphone. We’ve already gone over this common cause above, but there are other things that can distract drivers and cause them to knock down pedestrians as well.

Most notably, it has been found that drivers are often trying to do too many things at once. Instead of focusing solely on safe driving, they are trying to simultaneously drive while they also:

• Eat or drink
• Put on makeup
• Attempt to discipline or take care of a baby or child in the backseat
• Rummage through their book bag or purse
• Talk on the phone
• Engage in intense conversation with other passengers
• Play with a radio or MP3 player
• Navigate where they’re going or perform other in-car tasks using a touch screen console

All of these tasks can distract the driver enough to accidentally swerve off the road or miss a passing pedestrian.

SUVs

Today, more than ever, an increasing number of SUVs are on the road. This influx has caused any accidents that do happen between vehicles and pedestrians to be much more severe. Instead of being knocked down and scraped up by an average-sized car, a pedestrian may be completely knocked out and sustain serious injuries if they are struck by an SUV.

What Are You Entitled To if You Were Injured in a Pedestrian Accident?

If you were injured by a vehicle, motorcycle, bike, or dog in Arizona, you are entitled to compensation for your injuries and pain and suffering. These situations can be physically and emotionally agonizing for pedestrians. In Arizona, you should be able to walk or jog without fear that you will be hit and severely injured. 

As a result of your injuries, you may have suffered:

• Severe physical pain
• Medical trauma, including multitudinous tests, exams, and assessments
• Invasive surgeries
• The ordeal of physical therapy
• Side effects from medications
• Emotional pain and suffering
• Lost salary or wages

All of this can cost up to hundreds of thousands of dollars in bills and lost earnings and, worse, a tremendous amount of emotional and mental pain and distress. This goes for the individual who was injured and their families. 

Under Arizona law, you have the right to file a lawsuit against the at-fault party. A lawyer can assist you in organizing your case and ensuring that all deadlines are met and all paperwork is adequately completed. The filing process can be complicated and drawn-out, and having an experienced and skilled personal injury attorney on your side will make the process less traumatic, faster, and more likely to succeed in your favor. You deserve compensation for your injuries.

Were You Involved in a Pedestrian Accident in Arizona? Contact Brad Johnson Injury Law 

Brad Johnson built his personal injury law firm with the founding principle that the victims of accidents deserve commitment and compassion. We’ll help you get the compensation justified for your injuries, pain, and suffering. 

Contact us today at 602-910-4952 to learn more.

One of the most common misconceptions among car accident victims is that if they they can walk away without requiring serious medical attention, they have avoided car accident trauma. However, emotional trauma after a car accident is a common effect of being involved in a collision.

Why Post-Accident Emotional Trauma Happens

No one drives a vehicle or sits as a passenger and expects to be in a car accident. It is always a shock and that shock can lead to long-term psychological responses. Even someone who is in a minor collision may replay the incident over and over again in their mind, unable to shake the feeling that it is still happening or will happen again.

Other victims of car accidents may go into shock initially and feel normal even if they see someone die as a result of a crash. However, the traumatic event will likely creep back to the surface, causing emotional distress days, weeks, or even months later.

This is a completely natural response to any kind of major, life-changing experience. Many soldiers experience post-traumatic stress disorder (PTSD) after being in battle. Though motor vehicle accidents are not battlegrounds, a victim’s brain can respond just like a soldier’s to the psychological impact.

Another reason for emotional trauma post-vehicular crash can be a traumatic brain injury (TBI), such as a concussion. Many people with concussions feel and behave differently than they did before. Their pre-existing personalities may do a “180.” For example, someone who was personable before a car crash may become hostile afterwards.

Symptoms of Immediate or Delayed Emotional Trauma

How can victims know if they have residual emotional trauma that is affecting their mental health and wellness? Here are some red flags that may indicate you need to contact a healthcare professional who can diagnose conditions such as post-traumatic stress disorder.

• Taking more risks than before or taking fewer risks than ever. For instance, someone who has been in an accident may start to behave erratically, such as selling everything they own to start a business instead of being fiscally responsible. If the change directly opposes the way the person was before the accident, it could be a result of emotional distress and unmet psychological treatment.
• Being afraid during daily life events. Someone who has been in a collision may avoid going out anymore at all, even to work or school. The fear of potentially getting into another accident outweighs all other worries to someone struggling with emotional trauma.
• Having trouble sleeping or sleeping too much. Not only can this be an offshoot of depression, but it can be a sign of an undiagnosed TBI. While this is not necessarily life-threatening, it can be life-changing. Therefore, immediate help from a trained professional is warranted to avoid weeks of insomnia or excessive sleep.
• Becoming suspicious or angry all the time. If this was not a normal behavior before the accident, it could have its roots in the crash. Sometimes, this happens due to “survivor’s guilt.” Perhaps the person was the only one who walked away without physical injuries. In this case, he or she might feel guilty.
• Being too happy and joyful, as if nothing is wrong at all. Again, this might seem completely normal. However, if the individual was much less jubilant before the crash, it could be an indicator that something is wrong.
• Refusal to talk about the car crash. Someone who does not want to discuss the collision event may be unable to process the emotions and sights from the experience. The longer the victim remains silent, the harder it can be for them to move forward in a healthy way.

Obviously, any signs of emotional trauma should be discussed with a primary care physician or specialist. Getting help at the earliest sign of difficulty is the best way to avoid pain and suffering.

When to Contact a Personal Injury Attorney

Although you might have documentation from a medical professional that you have undergone emotional trauma after a car crash, the insurance company representing the at-fault driver may choose not to accept the severity or diagnosis. In fact, insurance providers are in the business of offering very modest settlements, which means they look for reasons not to pay for damages, including emotional suffering or “invisible” injuries.

An accident attorney can help a victim of a car accident who is experiencing emotional trauma. Your attorney will not only look at the facts of the incident, but will help negotiate with the insurance company to get a fair settlement. If a settlement cannot be reached, our attorneys can then provide legal help in suing for damages related to the car crash, including compensation for documented emotional distress.
Have you been in an accident? Do you know or think you may show the symptoms of emotional trauma as a result? Contact our legal team at Brad Johnson Injury Law for a no-obligation consultation to discuss your situation. Our office in Phoenix, AZ, can be reached by calling (602) 903-2617.

After a car crash, the first step you should take is evaluate the medical needs of the driver and any passengers. Often, this involves taking both self-assessments and assessments completed by medical personnel either on the scene or later at a medical care facility.

Although some injuries may be immediately apparent, such as soft tissue injuries or broken bones, others may not present themselves for days, weeks, or longer. These types of injuries are considered late appearing, but are no less important to a personal injury case. However, they can sometimes be challenging to prove without the help of documentation and a knowledgeable car accident lawyer.

Common Late Appearing Car Crash Injuries

Victims of car crashes can sustain any number of late appearing physical, emotional, and psychological injuries. Below are some that are more frequently reported than others.

• PTSD: Post-traumatic stress disorder, otherwise known as PTSD, is a psychological condition caused by an intense event. After a car collision occurs, an individual with PTSD may have trouble sleeping, experience personality changes, have trouble concentrating, find it difficult to work, avoid traveling in motor vehicles, become moody, and exhibit a myriad of other symptoms.
• TBI: Traumatic brain injuries (TBIs) are a top concern among people who have been involved in a car accident. TBIs result from damage to the brain tissue. Concussions are the leading type of TBI among crash survivors and can have both short-term and long-term effects including memory problems, concentration issues, mood swings, personality changes, depression, and comprehension difficulty, among others.
• Neck and shoulder pain: Immediately after an accident, a victim might feel completely normal. However, days later, the same person may seek medical treatment for pain in the neck, shoulders, and surrounding areas. It is not unusual for this type of late appearing pain to be intense. Its cause can be anything from short-term muscular strains or tears, to issues involving the spine and vertebrae.
• Abdominal pain: Again, not all post-crash pain occurs instantly. Many people complain of stomach problems after being in collisions. Some causes of abdominal pain can include internal bruising, internal bleeding, and broken ribs.

Of course, any unusual post-trauma symptoms require immediate medical care. Otherwise, the injuries could worsen or even become life-threatening.

Proving Late-Appearing Accident Injuries

In any personal injury lawsuit, the burden of proof rests on the plaintiff. Therefore, a car accident victim with late appearing injuries can expect to work with his or her legal team to indicate the relationship between any injuries and the car crash. Depending on how long after the incident the injuries presented themselves, this can be challenging. Yet, there are a few ways that victims can help smooth the process of filing a legal claim.

• Seek immediate medical attention at the first sign of difficulty. Many individuals try to push through late appearing injuries, hoping they will go away. This is not the best idea, because the longer someone waits to call a physician, set up physical therapy, or visit an urgent care clinic or emergency room facility, the harder it will be to prove correlation. Remember, it is important to seek medical attention early or problems can worsen. Certainly, the cost of paying for medical visits can be a factor, but your health should always override financial concerns.
• Collect and keep documentation of every post-injury medical experience. From obtaining doctor’s reports to keeping all invoices, victims of car crashes should be diligent about obtaining as much documentation as they can. If a case requires expert testimony, documentation and records will be invaluable. At the same time, collision victims may also want to keep a personal diary as a supplemental way to prove cause and effect.
• Work with a personal attorney injury sooner rather than later. The sooner a victim is represented by a law office with expertise in helping accident victims with late appearing injuries, the easier it may be to reach a fair and equitable settlement. It is much more difficult to try to reconstruct months or years of late-onset injuries than to document them as they present themselves. Having an attorney-client relationship early in the process can also lessen a victim’s stress level by taking the burden off of the individual.

Call Our Arizona Personal Injury Attorney

If you have been hurt in any type of vehicle collision in Arizona, seek medical care and note any injuries that present themselves after the crash. Set up a free consultation with one of our attorneys at Brad Johnson Injury Law by calling (602) 663-9572. Our legal professionals welcome the chance to discuss your case.

Accidents happen without warning. One minute you are cruising down the interstate without a care in the world. The next, you are waking up after being knocked unconscious by a deployed airbag.

The actions you take next can make your situation better or worse. For that reason, you should always follow these steps if you have been injured as a result of an auto collision that was not your fault.

Initial Post-Crash Steps

It is critical that you check yourself and any passengers for injuries. If anyone is trapped, wait until emergency responders arrive at the scene rather than trying to wiggle out. Moving your own body or the body of someone who has been hurt can make injuries much worse. On the other hand, if your injuries allow for mobility, get out of the vehicle and move yourself and any passengers to a safe location.

When possible, attempt to move your vehicle to a safer place such as the shoulder of the road. However, in some circumstances, this may not be possible. Use your best judgment. Try to get a few pictures of your vehicle and the one that collided with yours before either of you move your cars. Those images may be helpful if you need to file a lawsuit. They can also be valuable when reporting the accident to the police and your insurance carrier.

In the event that you and the at-fault driver are able to talk with one another right away, get as much information as possible. Get the driver’s name, address, phone number, car insurance carrier, car insurance policy number and vehicle license plate. Expect to give similar information about yourself during this exchange. If witnesses stop to talk about the accident, or were passengers in the at-fault driver’s vehicle, get the adults’ names and information as well.

If emergency medical responders and police have not already been alerted to the scene of the accident by a good Samaritan, you can contact them by dialing 9-1-1. When they arrive to investigate, they will take a statement and file a police report. Again, this report could play a vital role if you decide to work with an accident attorney. Therefore, always call the police even if your injuries seem to be minor or the car accident happened in a parking lot.

Be sure to contact your auto insurance carrier. Let them know the details of the accident and pass along the other driver’s information, as well as information to contact any witnesses. Finally, seek immediate medical attention for your injuries or return home.

The Days Following the Accident

Depending upon your injuries, you may be able to wait 24 hours before seeing a medical provider for evaluation. However, never assume that you are fine.

Some trauma can take time to unravel or present itself. For instance, you may notice bruising on the day after your accident that you did not see the first day. In fact, it is common for car accident victims to learn they have broken ribs several days later.

Make an appointment with your primary care physician for a complete check-up soon after the accident. Your health insurance may cover some or all of this cost if you have met your annual deductible. Even so, your health insurance company may expect repayment from the at-fault driver’s insurance carrier during the settlement.

You may have to undergo tests, physical therapy sessions and follow-up appointments. Document each one, noting dates and times, as well as expenses. Get copies of medical records in the process, if you can. At the same time, keep track of all your out-of-pocket expenses that relate to the car accident. From rental car fees to medical bills, everything counts.

Talking to Insurance Adjusters

After your insurance provider files a claim against the at-fault driver’s insurance company, you can expect a call from an insurance adjuster.

Insurance adjusters examine accidents and perform research. They use this information to construct a settlement offer. Remember, they do not work for you. Instead, they work for their employer, the insurance company. Therefore, you may want to avoid speaking with an insurance adjuster without first getting legal advice.

Why should you seek out an attorney first? Everything you say about the accident will be taken into consideration when the adjuster puts together a settlement. Getting feedback from car accident lawyers who know Arizona personal injury laws and processes can help you avoid receiving an inadequate settlement amount.

Common Insurance Provider Scenarios

Whether you choose to work with a personal injury law professional or not, you will probably see one of the following scenarios play out based on your car accident claim.

• The at-fault driver’s insurance or your insurer (or both) will write you a check or multiple checks. The check will cover medical expenses, the cost to fix or replace your vehicle, and other documented, allowable expenses. Expect to fight for the money you are owed. Most insurers will try to pay as little as possible.
• The at-fault party’s insurer will say you were actually at fault. This is not out of the question. If the at-fault driver’s insurer denies the claim, you may be wise to contact a lawyer who specializes in this kind of case.
• The insurance carriers fight each other to determine which pays what. Once again, you could find yourself in an unenviable situation if you are caught between insurance carriers. Having a lawyer on your side can help you reach a fair settlement faster.  

Car Accident Injury Law Firms

Car accident injuries and collision-related expenses are costly, causing victims negative financial and emotional outcomes. Attorneys who specialize in working with car accident victims and work on a contingency fee basis can help you recover damages faster, and often at higher amounts than you might be offered otherwise.

If you have been injured in an Arizona car crash, contact the attorneys at Brad Johnson Injury Law by calling (602) 663-9572 to arrange a free initial consultation.

Few things in life are as disruptive as a car accident, especially when you are the passenger. However, even if you aren’t driving the vehicle at the time of an accident, you can still seek settlements to cover any injuries you incur.

Here is what you should know if you are a passenger injured in a car accident.

Typical Passenger Injuries

There are a number of common injuries that passengers in car accidents suffer from. These may include:

• Head injuries, including concussions or traumatic brain injury
• Neck, back or spinal cord injuries, including whiplash
• Broken bones due to the force of impact
• Cuts, bruises, and lacerations from broken glass

Related article: Common Car Accident Injury Symptoms

For serious accidents, you should seek immediate medical attention. Even if you were able to walk away from the scene of the accident, speak with a doctor to document your injuries and preserve your ability to make a claim in the future. If you are pregnant, you should get checked out after any car accident, no matter how minor.

Remember: when you are riding in a car, you should always wear your seatbelt. Passengers in the front seat should never put their legs on the dashboard, because it is an additional risk to their legs and feet if the airbags deploy.

What You Can Recover

As a passenger involved in a car accident, when you are seeking recovery, there are two types of damages you can receive as part of a personal injury claim.

You can ask for specific damages. These are economic damages that are easy to calculate and have a price tag attached to them. These include:

• Medical bills, as well as any costs incurred traveling to and from doctor’s appointments,
• Lost wages, due to time spent away from work while recovering from the accident, and
• Personal property damage, such as the cost to buy new clothing or to repair your phone.

While you are in recovery, keep track of every receipt in order to maximize your recovery.

You may also seek general damages. This type of damage includes pain and suffering or loss of enjoyment of everyday activities. While money may not be able to fix the ache in your neck every time it rains, it is a substitute for the pain or discomfort you suffer as a result of the auto accident.

Who to Pursue

As a passenger, you have several options of whose insurance company you can file a claim against.

First, you should consider filing a claim against the other driver’s insurance. This may provide some or all of the financial relief you need. However, Arizona’s minimum requirements for liability insurance may not be enough to cover the extent of your injuries. This is especially the case if there were multiple drivers involved, because the coverage amount will be split among each individual’s personal injury case.

Second, you may consider filing a claim with the insurance policy of the driver of the car you were in. Their insurance may provide additional coverage, which will allow you to recover from the accident. If you were in a rideshare care, such as an Uber or Lyft, your driver may have up to $1,000,000 in bodily injury coverage.

Third, your own auto insurance company may be able to provide some relief as well. It may make your rates go up, but it may seem small when compared to facing tens of thousands of dollars in medical bills. If the other driver was uninsured, you may also be able to make a claim through your own uninsured motorist coverage.

Finally, you should speak with your personal health insurance provider for assistance in paying for your medical costs – after all, this is why you pay premiums each month.
This article does not provide legal advice and is for informational purposes only. If you were injured as a passenger in a car accident, contact our experienced personal injury attorneys today to understand your options for recovery.

If you have been in a car accident, you may not feel aches or pains immediately after the accident. However, the symptoms of whiplash from rear end collisions typically show up 24 to 48 hours after the incident. In some cases, they can be devastating, while in others, they cause neck pain that comes and goes. In every situation, if you are in a rear end car collision, seek out medical care from a local emergency room as a first step. Then, see a doctor in the days after the incident if you develop any pain.

What Is Whiplash?

Cases of whiplash occur frequently. Whiplash is a type of neck sprain or injury that results in damage to the soft tissues of the neck including the muscles and ligaments in the area above the shoulders. It happens as a result of the rapid back-and-forth movement of the head, usually with significant force. This commonly happens when a person is hit from behind during a car accident. The jolt from one vehicle hitting the other causes the head to move rapidly back and forth, damaging the muscles and tendons there. Whiplash can also be caused by sports or other traumatic events.

What Are the Common Initial Symptoms of Whiplash?

Many people with a whiplash injury will feel minor pain and discomfort right after the incident but some do not. Imagine being in a car accident and feeling your body tighten up. You may feel a bit of shock. If there is any adrenaline moving through your body, it will mask any symptoms. That is why you should always visit your doctor even if you think you are okay.

The most common initial signs of whiplash include:

• Stiffness
• A mild headache
• Neck pain

In some cases, taking over-the-counter pain medication may alleviate the pain, much like it helps with a sore muscle. However, whiplash can be mistaken for other conditions. If the pain does not go away on its own, it’s important to turn to your doctor.

Additional Symptoms of Whiplash That Develop Over Time

Some people experience more significant levels of pain and discomfort after a car accident. For example, the movement of your neck may be significantly more if the vehicle was traveling at a higher rate of speed when it struck your car. In this type of injury, there can be a higher risk for traumatic brain injury or damage to your spinal column. As a result, you should seek out immediate care if you have any noticeable injury from the incident.

In the days following your accident, you may notice additional symptoms of whiplash from rear end collisions. They may include:

• Significant neck pain and stiffness
• A loss of range of motion – it hurts to move your head from side-to-side
• Pain seems to worsen if you move your head
• Fatigue
• Tenderness in the upper back, shoulders or arms
• Dizziness or trouble balancing
• Tingling or a numb feeling in the shoulder, arm or hand

Most of the time, your doctor can offer treatment for your pain. Allowing your body to heal may be all that is necessary. In other cases though, you may need additional care.

Long Term Impact in Severe Cases

Some people develop more intense long term physical changes as the result of a car accident. Though not as common, it is possible to suffer pain, limited range of motion, and a variety of health consequences due to an accident like this. These losses may include:

• Difficulty sleeping
• Irritability
• Ringing in the ears
• Memory problems
• Problems with concentration
• Confusion
• Depression

If you notice these symptoms, it is critical for you to work closely with a doctor to determine the underlying cause. You may need more invasive treatment to handle damage to your spinal column or nerves.

Complications from Whiplash

Most people do not suffer any long term consequences from whiplash. However, in severe cases, it can happen. This may include pain that fails to improve over time. It may include a loss of range of motion. Some people suffer from unexplained headaches afterwards. Lower back pain, neck pain and arm pain may also linger. This type of pain can last for months or years after the accident.

How Can Personal Injury Attorneys Help After Whiplash?

One of the most important things to know about whiplash is that you can get financial support for the care you need. If you suffer damage from a seat belt, whiplash, or experience other physical injuries as the result of another person’s actions, you may be able to get financial compensation for those losses. This includes:

• Your initial emergency room visit
• Diagnosis and treatment of whiplash in the days that follow the accident from your doctor or an emergency room
• Any inpatient stay that you have at the hospital
• Physical therapy costs for improving your range of motion
• Coverage for chiropractic care that can help with improved pain reduction
• Long-term rehab or other needs you may have
• Payment for lost time at work due to the accident, treatment for it or even legal matters related to it

When you exhibit symptoms of whiplash, it is critical that you get medical help immediately. Do not put off seeing a medical professional. Be sure to let your attorney know what steps you have taken to secure the care you need. Inform your attorney about any passenger in the car who also suffered whiplash.

Our Team at Brad Johnson Injury Law Can Help After a Rear End Collision

Don’t settle your case with your insurance company or the responsible driver’s insurance company. Instead, allow our team to take a closer look at what type of financial compensation applies to your case. Call Brad Johnson Injury Law for the help you need. For a free consultation with our knowledgeable car accident attorneys, contact us online or call us at 602-285-6100 today.

When an accident occurs, your first reaction should be to get help. However, once the dust settles, how do you deal with a t-bone accident, also known as a side impact collision? This type of accident can be deadly. Estimates are that up to 10,000 people die each year as a result of these types of car collisions. If you have been the victim of such a crash, it is critical that you seek out the help of an experienced accident attorney. At Brad Johnson Injury Law, our accident lawyers can manage the entire claims process and guide you step by step.

What Is a T-Bone Collision?

A broadside collision like this occurs when one vehicle smashes into the side of another vehicle, rather than the front or back. This creates a T shape. Most commonly, this happens when someone enters an intersection improperly – usually as a result, two vehicles going in opposite directions collide.
There are various reasons this type of collision occurs. It is always the result of one person failing to yield the right of way to the other party. The question that has to be answered is if someone was negligent and who had the right of way. For example, someone may make an unsafe turn when a light turns yellow or at a stop sign, not recognizing the fact that the other driver is moving. Other people may be making a left turn while another person is going forward. If you run a red light and hit another person, the accident is your fault.

Determining Fault in T-Bone Crashes

One of the biggest problems after a t-bone accident is in regards to fault. When you exit your vehicle, do not to admit any guilt. Simply state what you thought was happening. Perhaps you believe you had a green light. You may believe the other driver was speeding.
Communicate the details of the incident to the police at the scene of the accident. Ultimately, the police officer will use the facts of the case and the evidence on the scene to determine who is at fault.
If you are at fault, your liability insurance may be required to pay for the losses the other driver suffers. If the other party is responsible for the incident, their liability insurance should cover your losses. However, it is the right of all involved to disagree with the incident and for the case to move through detectives and even the court system to determine fault. It is a key advantage to have a car accident attorney in your corner.
If you are at fault for the accident and you have collision insurance, your policy may help cover the losses you face. This may include damage to your physical health and vehicle. Without this type of coverage, you may not have financial protection.

Obtaining Compensation for Your Losses

Filing a claim after a t-bone accident is not simple. You should determine the extent of your losses. This includes any type of monetary amount you lost as a result of the accident. Here are a few key examples that are common after this type of incident.
Medical Bills – Most people have medical bills after a t-bone accident due to the likelihood that they are hurt in the accident. These bills include emergency room costs, as well as long-term needs, such as rehabilitation and therapy. It may also include the costs associated with holistic care such as chiropractor bills. However, only injuries related to the accident are covered.
Lost Wages – Did you miss work because you were in the hospital or recovering? You may have missed work to go to a court hearing as well. Any lost wages due to the accident should be included in your calculation.
Pain and Suffering – This type of accident can create long-term, debilitating conditions. You may be able to claim pain and suffering as well.
Both the driver and passenger in the vehicle can obtain this type of compensation. No matter what occurred, you can file a claim with the involved insurance companies to seek financial support.

Get a Free Consultation From Our Team

As a personal injury lawyer, Brad Johnson Injury Law is here to help you after any accident. For a free consultation with our dedicated car accident attorneys, contact us online or call us at 602-285-6100 today.

When you are a passenger in a car accident, whiplash is a real concern. You may be struggling with pain, limited movement, and mounting medical bills. As the passenger, you may be unsure who to call or turn to for help in covering your losses. Yet, there is help available to you. If you’ve been involved in a car accident, no matter who is at fault, you should have your own car accident attorney to represent you in this legal matter.

Who Is At Fault?

Passenger injuries are can be devastating or minor. They can involve a few days of missed work or months of rehab. However, who pays for these financial losses depends on the situation. In most cases, accident injuries are paid for by the person at fault, or his or her insurance company.

Who determines fault in an accident, then? Generally speaking, motor vehicle accidents require a police officer to visit the location at the time of the incident to file a report. If this does not happen, it’s possible to head to the police department to gather insight into filing a claim. The police department or investigators determine who is at fault based on the evidence in the case. This evidence includes any physical evidence from the location as well as witness statements, and your information.

Once fault is determined, it is then possible to file an insurance claim with that party’s insurance company. When this happens, it’s up to you, the victim, to detail all of the losses you’ve experienced as a result of the actions or inactions of the person at fault. In a simple situation, you submit the loss amount and the insurance company pays you that amount. However, that’s rarely how easy it is. And, unfortunately, it tends to be best for individuals to seek out the legal support and advice of an attorney when filing these injury claims as a result.

How to FIle a Claim Against the Driver’s Insurance

In situations where you are the passenger in the vehicle and that vehicle is at fault, you have a legal right to file a claim against the insurance policy of that driver. This type of claim is covered under the driver’s liability insurance policy, typically. It can handle losses such as your medical bills and pain and suffering.

What if the person driving the car is actually a relative of yours? Some insurance companies have specific details and limitations on family members filing claims like this. If this occurs, you may find it difficult to pursue coverage for your losses.

How to File a Claim Against the Other Driver

In other cases, the other driver (the one not in the car with you) could be at fault. When this occurs, you have the right to file a claim against that driver’s insurance policy. In a hit and run case, you may also be able to file a claim under your driver’s uninsured motorist insurance plan.
In other cases, the two drivers may share responsibility for the incident. In this case, you have the ability to file a request for compensation for your losses based on fault, often splitting the compensation paid to you based on the percentage of fault.

What Type of Compensation Is Owed to You?

One of the most common mistakes individuals make when they make a claim for compensation is about what is owed to them. That is, what amount should you request from the person responsible or their insurance policy? By law, you should be provided compensation for all of the losses you’ve suffered as a result of the car accident. This can be hard to determine. Every situation is unique.

You cannot rely on the insurance adjuster to help you determine this number. In most situations, they will take steps to reduce what they pay to based on just what you state. However, most cases involve a significantly larger amount of compensation. A law firm can help you determine what you are owed comprehensively. Some of the most common types of compensation after auto accidents includes:

• Medical claims from emergency room visits after the incident
• Any type of medical debt relating to the incident
• Long-term care and rehabilitation as needed
• Whiplash injury care such as from a chiropractor
• Lost time at work and any lost benefits for missing work
• Any other type of medical treatment you obtained related to the incident
• Pain and suffering
• Loss of function of a limb or other body part related to the incident

Understand the Risks of Whiplash

Even if you do not think you have an injury, it is always beneficial to see medical attention after an accident. It helps ensure that your needs are met. However, injuries can manifest in the days following the accident after the adrenaline wears off. In other cases, some injuries are not fully realized for several days.
A common example of this is whiplash. Whiplash occurs when the head moves back and forward rapidly, causing damage to the ligaments and muscles in this area. When this happens, it causes inflammation to develop. It can take a day or so for this inflammation to build. And, once it does, you may suffer debilitating pain.
Injuries like this can be hard to pinpoint in an emergency room. For this reason, you should never rush to settle a claim too quickly.

What to Do If You Don’t Think Your Claim Settlement Is Fair?

It’s not uncommon for auto insurance companies to try to reduce what they pay to you. They may require documentation of injuries and claims that can be hard to obtain. In other situations, they may try to negotiate a settlement with you for less than what you owe. You don’t need to settle.
Instead, it’s best to seek out legal advice from a personal injury attorney. This legal advice will help you determine:

• What your total compensation should be based on all of your loss
• What steps you need to take to recover those losses
• Whether or not you should pursue legal action to secure those funds if they are rejected

Since many attorneys off a win no fee scenario, where you do not pay for the attorney’s services unless they win compensation for you, there’s no reason not to reach out to these professionals for help and guidance in what steps to take. Don’t allow the insurance company to try to talk you out of compensation you know is owed to you for the incident.
If you are a passenger in a car accident with whiplash or other injuries, work with an attorney to file a claim for those losses.

Never Go It Alone – Hire a Car Accident Attorney to Help You

If you’ve been injured as a passenger, don’t settle with an insurance company until you work with a personal injury attorney. With the insight and support your attorney can provide to you, you’re likely to secure the best compensation for what you’re owed. As a passenger in a car accident whiplash is common. Let our attorneys at Brad Johnson Injury Law help you secure the compensation owed to you for any losses you have. Contact us now for a free confidential consultation.

You’ve been in a car accident. There’s damage to your vehicle, and you may have some injuries, but the other car has fled the scene. What should you do after a hit and run accident like this? Your first step is to ensure you are safe and that you call the police to offer help. Then, you’ll have several steps to help you with getting repairs taken care of later.

What Is a Hit and Run?

To learn what to do after a hit and run accident, first consider what this is. It occurs when a driver involved in a moving violation leaves the scene of the incident. If they fail to stop, you may not be able to obtain their contact information. Try to capture their license plate number, but even if this doesn’t happen, you should call the police immediately. An instances in which fleeing of the scene occurs, especially when there are victims with injuries or damage to property, is an illegal act.

What to Do When You Are the Victim of a Hit and Run?

As the victim of a hit and run accident, you will need to contact police or your insurance company to file a claim. Filing a police report happens at the scene of the incident. The police arrive, gather information, document what happened and then work to find the other driver. This information, though, is valuable to your auto insurance provider. The details of what happened can help to speed up the claims process.

Will Your Car Insurance Pay for Your Property Damage?

The type and amount of car insurance you have plays a role here. If you have strictly liability insurance, it may not provide you with any coverage. If you have uninsured motorist or underinsured motorist insurance, you may have some support. You can call your agent to get insurance information. They can verify the type of coverage you have and then help you to file a claim. With uninsured motorist coverage, you may think the process is rather simple. However, auto insurance companies often limit what you can claim and how much they will pay you.

Why You Should Hire an Accident Attorney After a Hit and Run

When you are involved in a collision, the damage you suffer may be extensive. This may include loss of your vehicle, significant financial loss due to the damage, lost time at work, and medical bills. Your auto insurance company is likely to try to make you settle the claim for less than what is owed to you. That can mean that you are not getting all of the coverage owed to you – and that’s not fair.
When you work with an auto accident attorney, you can get help with this process. Your agent can help you with a variety of concerns and claims options including:

• Get help for non-obvious medical concerns such as whiplash.
• Ensure you get full compensation owed to you for the property damage to your vehicle.
• File a claim for items within your vehicle lost as a result of the incident.
• Get help securing compensation for time you missed at work due to medical needs, the accident itself, or any legal proceeding.
• Providing support to help you with any legal matter related to the incident such as reckless driving claims.

With the help of an attorney, you gain insight into what you can claim. You also have a professional working to support your best interests.

Hire a Car Accident Attorney in Arizona

When you learn what to do after a hit and run accident, you’ll find help available through a car accident attorney. Even if you find your insurance company is working with you or that the other party seems to help, protect your rights by hiring an attorney to represent you throughout the process. Contact Brad Johnson Injury Law to discuss your legal options through a free consultation.

Being hit by a semi truck can be a particularly jarring experience. Commercial trucking companies encourage their drivers to work extreme hours, which can lead to unsafe driving. Unfortunately, occupants of smaller vehicles are more likely to face serious injury or death in these situations. If you have been in this type of crash, contact our truck accident lawyers to discuss your options for maximizing your settlement.
Each settlement will depend on a number of factors, including the severity of injuries suffered and the extent of damage to your car. When you are negotiating your settlement, there are two types of damages you should consider: special damages and general damages.

Calculating Special Damages in a Truck Accident

Special damages consist of any economic damages you suffer as a result of the car accident. This includes money that you spend, any bills you receive, and lost wages from missing work due to the accident.
As you are piecing your life back together, you should keep all records and receipts from these expenses, such as:

• Medical bills, including bills from the hospital and any specialists you see during your recovery such as chiropractors, physical therapists, acupuncturists, massage therapists, etc. Due to the serious nature of truck accident cases, our clients are often in recovery for a long time. You can also ask your medical care providers and therapists for estimates of future medical expenses, to ensure that they are also included in your settlement amount.
• Calculate the cost to replace your car and any other personal property. In truck accidents involving small cars, smaller passenger vehicles are often dragged under tractor trailers, which causes significant damage to the roof of the car. This sort of accident can cause property damage to other items in the car, including suitcases, cell phones, laptop computers, and personal clothing worn by the driver and any passengers. Make a list of all the items damaged in the accident, and as you replace these items, keep track of these expenses.
• Transportation Expenses: After being in a truck accident, it’s very common to either rent a car or use Uber, Lyft, or taxi services to get around town while your car is in the shop, or before you purchase a replacement vehicle. Keep track of all these expenses in order to have them recouped in your settlement negotiation. If you are spending extra money on gas to go to and from the doctor or therapist, you should also keep track of your mileage to include this in your settlement calculation.
• Lost Wages: People recovering from serious injuries may not be able to work for an extended period of time, meaning that their income may be extremely limited while they are in recovery. This lost income is an additional expense that you would not have incurred if it was not for the truck accident, so you should keep track of shifts missed or weeks spent out of the office to make sure you are compensated for this loss.

You will add up all of these expenses to determine how many special damages you should ask for as part of your settlement negotiation.
While you are in recovery, keep all of your documentation and receipts in a safe place. If you are in doubt about a particular bill, put it in the pile anyways and your lawyers can discuss with you if it was an expense you can consider as part of your settlement negotiations.
Remember: the other driver’s insurance company is not your friend. Their goal is to settle for as little as possible. If you cannot prove an expense you incurred, the company may not be willing to consider it as part of the settlement.

Calculating General Damages in a Truck Accident

Arizona also allows victims of truck accidents to receive compensation for general damages. This money is not tied to the economic losses you suffered – rather, they are for the intangible things you lose:

• Pain and suffering refers to the emotional and physical toll the accident takes on you. This is meant to compensate you for sleepless nights, aches and pains, scarring, depression, anxiety, and temporary or permanent physical limitations.
• Loss of enjoyment of life refers to the activities you are no longer able to enjoy, as a result of damage from the accident. For example, if you were an avid runner before the accident, but now walk with a permanent limp, you can include this as part of your loss of enjoyment of life calculation.
• Loss of consortium refers to damages suffered by the spouse or close family of a person who was seriously injured or killed in an accident.

Because these losses do not have price tags or bills associated with them, they can be difficult to assign a value to. As a result, they are typically based off of your special damages, which is why it is so important to maximize these damages by keeping track of all of your expenses.
When you make an appointment to discuss your case with us, we will go through all the types of damages you suffered and discuss the best way to maximize your settlement.
This article does not provide legal advice. If you are recovering from an accident with a large truck or big rig, contact our knowledgeable truck accident attorneys for a free consultation to discuss your options to receive the maximum compensation possible. We have significant experience with personal injury cases that we will put to work for you.

Despite Arizona’s harsh driving under the influence (DUI) laws, the Arizona Department of Transportation reported nearly 5,000 alcohol-related crashes in 2017 alone and on average, costs the U.S. over $130 billion each year. The good news is that drunk driving deaths in Arizona have decreased by 45% in recent years.
Arizona is praised for having some of the toughest DUI laws in the United States. Even first-time offenders spend time in jail and will face monetary penalties starting at $1,500. Criminal charges help deter drunk driving by imposing steep fines and jail sentences on violators. Unfortunately, adequate compensation to the victims injured in drunk driving accidents is typically not provided.
If you have been hit by a drunk driver, you can seek a settlement from the at-fault driver’s insurance company in order to compensate your family for the losses incurred as a result of the accident. Speaking with an experienced personal injury lawyer will help you understand your options for moving forward and getting back to where you were before the car crash occurred.

Monetary Damages in a Drunk Driving Case

In any personal injury civil case in Arizona, you can seek special damages and general damages in a civil suit. Arizona also allows you to seek punitive damages against the other driver, and to seek third party damages against the restaurant or bar that served alcohol to the driver.

Special Damages

Special damages include any economic damages you incur as a result of the drunk driving accident.
These include any expense that comes with a bill, such as:

• Medical bills, medication expenses, and fees for physical therapy and/or chiropractors
• Gas money spent traveling to and from the doctor, physical therapist, hospital, or other related appointments
• Property damage to your vehicle and belongings in the vehicle at the time of the accident, including your clothing
• Rental car fees while your car is in the shop after the accident
• Lost wages from time spent away from work in recovery
• Childcare expenses incurred as a result of the accident

In wrongful death cases, you may also seek funeral expenses and loss of future income as part of your special damages.
Make sure to keep every bill you receive in a safe place. The more documentation you have of your special damages, the easier it will be to win a higher settlement.

General Damages

Since simple reimbursement of money spent recovering from a car accident is not enough to put a victim in the same place they were in before the accident, Arizona allows for general damages in personal injury cases. These are often known as compensation for pain and suffering.
General damages can also be sought for grief, or loss of consortium, in wrongful death cases.
We can never put a price tag on the mental anguish someone suffers as a result of an accident or the loss of a family member. Receiving general damages can go a long way to making a family whole again.

Punitive Damages

Punitive damages are meant to punish the defendant. They are only awarded to a plaintiff in an accident claim in rare cases. To win them, the plaintiff has to show that the defendant had an “evil mind.” This occurs when:

• The defendant intended to injure the plaintiff
• The defendant acted in a way that he knew would create a substantial risk of harm to the plaintiff

A court can infer that the defendant had an evil mind if the defendant acted so outrageously that he consciously disregarded the substantial risk of harm his actions could have on others.
Most personal injury cases don’t meet this high threshold. It’s difficult to infer conscious disregard of substantial harm in minor fender benders. However, the potential risk to other drivers on the road is blatantly obvious in DUI cases, meaning that judges and juries may be more likely to award punitive damages in this case.

Third Party Damages

Finally, under Arizona’s Dram Shop laws, restaurants, bars, or individual social hosts can be held liable for accidents caused by individuals they served alcohol to, if the individual was already under the influence of alcohol.
For example, if Monica’s Bar keeps serving Joey shots of whiskey, even after he’s visibly drunk, and Joey then attempts to drive home and hits Rachel’s car, Rachel can sue both Joey and Monica’s Bar for her injuries. If Rachel is killed, her family can sue both Joey and Monica’s bar for her wrongful death.
Seeking damages from commercial establishments can be a useful way of recovering damages in drunk driving car accidents. Restaurants and bars are typically required to carry a certain amount of liquor liability insurance. These policies may have higher limits, meaning that you may be able to recover more from a restaurant’s insurance company than from the drunk driver’s insurance company.
The personal injury attorneys at Brad Johnson Injury Law have spent more than 20 years helping our clients recover financially from devastating car accidents. Our law firm understands the difficulties families face while recovering and we will work with you to ensure you receive the maximum settlement possible.
This article does not provide legal advice. If you or a loved one was in a car accident with a drunk driver, contact our experienced personal injury attorneys today to discuss your options to receive the compensation you deserve.

The Arizona Department of Transportation reports that in 2017 there were more than 1,400 accidents involving a collision between cyclists and cars, with more than 30 fatalities.

Although motor vehicle drivers are more likely to be at fault in an accident with a bicycle, it is possible for cyclists to be the cause of accidents.

Steps to take after you’ve been in an accident with a cyclist

First and foremost, when an accident occurs, you must stop—otherwise, you risk being charged with a hit-and-run. You should check to see if anyone needs emergency medical assistance.

After you’ve handled any medical emergencies, you should exchange your contact and insurance information with the other party, and then file a police report as soon as possible. This will create a record of the accident close to when it occurred. You will need to provide this record to the insurance companies if you want to make a claim for damages.

At this stage, the driver’s negligence compared to the cyclist’s negligence may not be evident, and you should speak with a personal injury attorney to determine your options for moving forward.

Determining who is at fault

Arizona is a comparative negligence state in personal injury cases. This means in motor vehicle accident cases, the court will look at the relative negligence of both parties when issuing an award. The plaintiff’s award will be decreased by the percent the plaintiff was at fault.

Arizona requires that cyclists follow the rules of the road. They must follow the same traffic laws as motor vehicles. Specifically, they must:

• Stop at red lights and stop signs
• Yield to pedestrians
• Stay on the right side of the road, unless passing or turning left.

Additionally, when biking at night, cyclists must use a white headlight and red rear reflector to increase visibility. Bikers should not be distracted by their cell phones, and they should not ride while drunk. If a cyclist fails to follow these rules, it’s possible that he or she will be found to be at fault for some or the majority of the accident.

Real-Life Example

For example, Paul is driving down the street and sees his light turn from green to yellow. He decides to go through the light before it changes, and increases his speed slightly. He enters the intersection while the light is yellow, and his light turns red while he is in the intersection. Karen is also approaching this intersection on her bicycle, but from a perpendicular angle to Paul. She had a few beers with her friends and is texting her mom. She does not see that her light is still red, and enters the intersection at the same time as Paul does, which causes Paul to hit her.

In this scenario, Paul’s comparative negligence – speeding up to catch the light – might contribute to 10% of the accident, while Karen’s comparative negligence – texting, riding under the influence, and running the red light – contributed to 90% of the accident.

If Paul sues Karen, his money damages would be decreased by the 10% he was at fault. Similarly, if Karen sues Paul, her money damages would be decreased by 90%.

Preventing bicycle accidents

Regardless of who is at fault in a bike accident, the person on the bike is likely to be more injured than the person in the car. Bicyclists do not want to be injured, and drivers do not want to be the cause of serious injury or death.

• When you’re driving, be alert for cyclists, especially at intersections. Give bicyclists extra space when passing. Use your turn signals, so cyclists can tell if you are going to make a turn in front of them.
• When you’re on a bike, follow the rules of the road. Stop at stop signs and stop lights, even if you’ll lose momentum. Use proper signals to let other drivers know when you’ll be turning. Be visible – wear bright colors and use lights and reflectors if you are biking at night. Although you are not required to wear a helmet in Arizona if you’re over 18, wearing one can prevent serious brain injuries in an accident.

Everyone should drive defensively and safely. Nobody should operate a bicycle or drive while intoxicated, and nobody should text while driving or cycling.

This article does not provide legal advice. If you were in an accident and believe the cyclist was at fault, contact our experienced personal injury attorneys for a free consultation today.

Dealing with the aftermath of a car accident, especially the settlement process, can cause a strain on your life. In addition to putting your life back together – healing from any illnesses and repairing damage to your vehicle – you are also facing the potential headache of navigating the world of car accident settlements.

Calculating Average Car Accident Settlements

Recovering from a car accident can be painful and expensive. The estimated annual cost of car crashes around the country is $230.6 billion.

If you are injured in a car accident, you can seek compensation for any losses you suffer from the other driver’s insurance company. This kind of settlement is not like winning the lottery – instead, the goal is to make you whole again, to put you back in the position you were before the accident took place.

Calculating the average settlement in these cases will largely depend on the extent and type of injuries you suffered, as well as how much property was damaged as a result of the crash. If you walked away with minor injuries and minimal damage to your car, a settlement would be significantly lower than an accident resulting in a total loss to your vehicle.

There are two types of calculations that should be made when making accident claims – special damages and general damages.

Special Damages

Special damages are the easiest to calculate because these are the damages that you will have receipts for.
Anything that you have to spend money on or anything that you will lose money on can be included in your special damages when you make a car accident injury claim. These include, but are not limited to:

• Medical expenses, including hospital bills, or fees for your general practitioner, physical therapist, mental therapist, chiropractor, or even your dentist
• Money spent repairing or replacing your vehicle
• Car rental fees
• Gas money spent traveling to and from appointments
• Lost wages from time spent away from work

Because these losses have specific numbers attached, it is easy to receive compensation for them.

For example, after an intense car crash, you may pay $10,000 out of pocket because of hospital, doctor, and physical therapist bills. You may also miss three weeks of work, which could be another $2,000 gone due to lost wages. Your car may be written off as a total loss, meaning that you have to spend another $15,000 for a car. Before you can go buy a new car, however, you are forced to spend $200 in car rental fees. Your special damages in this scenario would come to $27,000.

Insurance companies will try to contest everything, so keep a copy of every receipt or medical bill in order to prove your expenses.

General Damages

General damages represent compensation for intangible losses. These are much harder to place a number on because they are thought of as “pain and suffering.”
Pain and suffering may include:

• Sleepless nights, when your aches and pains keep you awake;
• Being unable to maintain your normal fitness routine because of broken bones or migraines;
• Coping with additional stress every time you get into a vehicle; or
• Severe back pain if you bend over to pick up your child.

These are all normal outcomes in the aftermath of a car crash. Unfortunately, they can be very difficult to quantify. Since you cannot put a price tag on a good night’s sleep, or going on a satisfying run, general damages are typically based off of the total price of your medical bills, which are quantifiable. You may receive 1-2 times the amount of your special damages as your general damages.

Speak with your personal injury attorney to discuss a likely range of general damages, based on the nature and extent of your injuries.

What to Take Into Consideration When Calculating Your Car Accident Settlement

Another factor that may play into the amount you are able to receive as part of your car accident settlement is what the policy limits of the other driver’s insurance is.

In Arizona, drivers must have minimum liability insurance:

• $25,000 bodily injury liability for one person and $50,000 for two or more people
• $15,000 property-damage liability

While these minimum requirements may be enough to compensate for some injuries and certain repairs for your vehicle, they may not be enough to completely replace your vehicle – after all, the average car now costs $34,000, more than three times the property damage liability minimum.

What’s worse, the other driver may be driving without insurance. If this is the case, you may need to speak with your own insurance provider to determine what your own policy coverage is.

If the insurance is not enough to cover your damages, you should speak with your personal injury attorney to determine whether you should file a lawsuit against the other driver. In Arizona, the statute of limitations for filing a personal injury lawsuit is 2 years from the date of the accident. This gives you some time to physically recover and determine what your actual losses amounted to.

Finally, if the other driver was under the influence of drugs or alcohol, you may be able to receive additional punitive damages. These types of damages are not available in every car accident case, but due to the severe risks of driving drunk, Arizona allows plaintiffs to seek punitive damages to punish the driver who was under the influence in these situations.

Four Tips for Maximizing Your Settlement Amount

1. Seek medical attention as soon as possible

If you are in an auto accident, you should get checked out by a doctor as soon as possible for common car accident injuries. After intense events, like being hit by another car, our bodies produce a lot of adrenaline, which masks symptoms of serious and potentially life-threatening injuries. Call 911 at the scene of the accident if you think someone is seriously hurt.

In addition to getting much-needed medical care for any injuries resulting from the crash, seeking immediate medical attention will create a contemporary record of injuries suffered as a result of the car accident. Make sure you discuss all of your symptoms with your doctor, and do not downplay any pain you feel. Headaches are especially common after car accidents, and they can be a sign of a traumatic brain injury.

If you wait to seek medical treatment, the insurance company may try to argue that the injuries came from something else. This can make it more difficult to receive compensation for your medical bills.

2. Document everything

Beginning from the time of the accident itself, document everything. Take photographs of everything you can think of, including:

• Your vehicle;
• The other vehicle;
• Street signs at the intersection; and
• Any personal property damaged in the accident

As you begin to receive medical treatment and heal from your injuries, continue taking photographs to document your progress. This is especially true for bruises that may appear on your face, shoulder, or knees that might not fully develop until several days after the accident. If you are struggling to walk after the accident, you could consider filming your progress through physical therapy as further evidence of the challenges you are facing.

You should keep every receipt and bill you receive while receiving treatment for your injuries and repairing your vehicle. This will help you prove how much money you spent on recovering from your injury. Keep track of your mileage to and from medical appointments so you can include gas money in your expense calculation.

Maintain a file for all of these documents so they do not get lost. You may need to keep them for more than a year, so create a safe spot for your documents.

3. Keep a calendar

Keep a calendar or diary as you recover. This will also be a contemporaneous record of how the quality of your life has suffered as a result of the car accident.
You should include:

• Every medical appointment, whether you are getting an x-ray, visiting the chiropractor or physical therapist, or speaking with your general practitioner on the phone;
• A record of how much pain, and what type of pain you experience every day;
• Notes on what you are physically unable to do as a result of even minor injuries stemming from the accident; and
• The date you return to work, and any work you are unable to complete due to injuries.

These notes may be invaluable for receiving higher compensation for pain and suffering due to the accident. This type of settlement can take months to finalize. Having specific evidence documenting the impact the car accident had on your life will strengthen your claim considerably.

Maintaining a daily or weekly record now is excellent evidence to present to a judge or jury. Remember – it’s very difficult to recreate notes from memory. Even if you are able to recall specific information from months, or even years, ago, the accuracy of your memory can be challenged by opposing counsel if you go to trial.

4. Don’t accept a quick offer

Insurance companies may try to offer you a low settlement quickly. Resist the temptation to take it. Often, car accident victims may not know the extent of their injuries immediately after the accident. Instead, continue to seek medical treatment and focus on your healing.

Before you accept an offer, make sure you understand what it will and will not cover. One viral story shared a woman’s first-hand experience of getting hit by a drunk driver when she was 19. She accepted a settlement offer before realizing it did not cover dental work. The accident resulted in a severe tooth problem, which affected her ability to get jobs down the road.

Waiting to accept an offer may seem like a risk when bills are piling up and if you are out of work because of the accident. However, taking the first offer may create more problems and result in unnecessary hardships down the road.

How Brad Johnson Injury Law can Help You Navigate Your Car Accident Settlement

Our team of personal injury lawyers has helped negotiate settlements for more than 20 years. We understand the ins and outs of the settlement process and have worked with many insurance adjusters over the years.

Your life doesn’t stop after an accident, and we don’t either. We meet with accident victims within two hours of the initial call because we believe in getting the ball rolling right away.

We also maintain relationships with medical practitioners in Arizona who will wait to collect payment for services. This offers relief to our clients, who may otherwise have trouble paying their medical bills.

Finally, we do not collect any fees from you until we win your claim. We do the heavy lifting for you so you can focus on getting your life back on track while recovering from your car accident.

For a free consultation with our knowledgeable car accident attorneys, contact us online or call us at 602-285-6100 today.

Grocery store slip and fall settlements are not uncommon. If you suffer significant losses, you may be entitled to a grocery store slip and fall settlement. Slip and fall accidents are an instance in which you receive compensation from a company for the losses you suffered due to negligence. It is best to work with an experienced law firm to learn more about filing this type of claim. Understanding who is responsible for the accident is essential to the settlement.

Breaking Down Grocery Store Slip and Fall Settlements

To file for a grocery store slip and fall settlement, generally, you must be able to prove that the company knew there was a risk present, had the time to react to fix the problem, and failed to do so in an effective and timely manner. In a grocery store, the floors often become wet when a product breaks open or after mopping. There may even be damage to the flooring that can cause a person to trip. In a retail store such as this, the property owner and managers are responsible for ensuring it is safe for individuals to use.
This type of loss is considered premises liability. The location has the responsibility to ensure the property is safe for you to use. Yet, a slip and fall injury is not always a simple claim. There are instances in which you may find it hard to pursue such a claim, especially if the location took steps to warn you of the danger or you caused the danger to occur. That is why working with an attorney specializing in cases involving personal injury at a retail location is so important.

Do You Have a Personal Injury Case?

Meeting with an attorney to discuss your claim is the best action you can take. You may have a case if you were injured in a slip and fall accident as a result of the negligence of another person or a company. There are several steps you must take to ensure you receive the compensation owed to you.
To prove you have a case, determine what occurred and whether or not the property manager or owner is responsible.

• Was there a clear danger present? For example, you may have suffered a loss due to a wet floor. Did you suffer some type of loss as a result?
• Did the property manager or owner know of the danger? Generally speaking, this is based on whether a reasonable person would have known of the existing danger. For example, did someone alert the person in charge of the danger?
• Did the person in charge have enough time to make changes to minimize the risk? A wet floor sign is one example of this.

What Type of Damages Are Owed to You?

Store injury settlements should include all losses you suffered as a result of the incident. Grocery store slip and fall settlements may include losses such as the following:

• Medical bills you suffered due to the incident
• Lost wages or time at work due to medical needs
• Legal advice expenses
• Any long-term medical rehabilitation you need
• Other financial losses you suffered

It is important to file a claim with the grocery store’s insurance company. However, in most cases, you need a personal injury attorney working with you through this process. Our team is experienced and can help you ensure any retail store negligence is fully resolved and work to make sure you are compensated as a result of the negligence. This article is not legal advice. Contact us today to learn more about trip and fall settlements.

If you are in an accident and the other party is responsible, you may be able to file a claim with their insurance for your losses. However, what happens when the driver who hit you does not have insurance or they do not have enough? You may find yourself suing the underinsured motorist responsible for your losses.

Uninsured and Underinsured Coverage

As a vehicle owner, you may be covered through your car insurance policy. Underinsured/uninsured motorist coverage is a policy most drivers purchase through their own insurance carrier. It can prove helpful in a situation like this. If the driver of the responsible vehicle lacks coverage or enough coverage, this type of policy will kick in to provide some financial compensation to you. However, you may not have this type of coverage or it may not provide adequate financial reimbursement.

How Can an Attorney Help You?

In the U.S., 48 states require drivers to maintain minimum car insurance to operate a vehicle. Even still, some policies cover the bare minimum. Most liability insurance policies provide a requirement for drivers to maintain $25,000 worth of coverage. This is not enough to meet your needs when the damage from a car accident is significant. If your policy is not enough, your best course of action is to work with an experienced attorney to learn more about your options.

Settling with Insurance Companies

One option you have is to file a claim through your own underinsured/uninsured motorist coverage. If you have enough coverage under this policy to pay what is owed to you, this step is the most direct option. Your insurer will handle the process of pursuing the other party should the value of your claim be worth doing so.
If you are settling, hire an attorney. Doing so helps ensure you have considered all of your losses from the incident. It’s common for drivers to underestimate how much they have lost. Did you miss work? Do you need long-term care and rehabilitation? How much loss have you accumulated from the damage to the vehicle? All of these factors play a role in how much you settle for with the insurer. An attorney is more likely to help you will get the full amount of money that you are owed.

Filing a Lawsuit

Some individuals may find that filing a lawsuit is the best route to take or the only option if they do not have motorist insurance. If you sue an underinsured motorist, do so with the help of a personal injury attorney. Your attorney will represent you, all of your losses, and your goals of financial compensation. They will lay out all of your losses and file against the party.

Hiring an Attorney

Choosing an attorney who has experience going up against big insurance companies such as State Farm is essential. You need to find an attorney that knows the law but is also dedicated to working closely with you to ensure the best possible outcome. There are no guarantees – a lawsuit means you must prove your case. However, a qualified attorney will work with you to ensure every detail and requirement is met and that the case is presented in the best way possible for you.
If you are interested in filing a lawsuit against an underinsured motorist, it all starts with a call to our team. Contact Brad Johnson Injury Law for a free evaluation to discuss your personal injury case.

Motorcycles offer a wonderful way to get around town and enjoy the fresh air. However, riding on a motorcycle carries a number of risks. There are a number of factors that can contribute to a motorcycle accident case. Distracted driving or driving under the influence can lead to serious accidents as well.
According to a study of 2017 data, the Governor’s Highway Safety Administration, motorcycle accidents make up 14% of motor vehicle related fatalities. Moreover, per miles driven, motorcycles have a fatality rate that is 28% higher than passenger vehicles.
The personal injury lawyers at Brad Johnson Injury Law have significant experience representing people who have been in motorcycle accidents. Our law firm will work with you to maximize your settlement to ensure that you will have the best recovery possible.
Here is what you should do if you or a loved one has been in a motorcycle accident:

1. Seek Medical Treatment

If you were injured in a motorcycle accident, you should seek immediate medical treatment. Motorcycle drivers in Arizona over 18 years old are not required to wear helmets. If you hit your head when tossed from a motorcycle, you could have a concussion or a severe brain injury. You may also have internal bleeding, broken bones, or severe road rash.
Related article: Common Car Accident Injury Symptoms
In addition to treating your injuries, having medical documentation showing the extent of your injuries will be important when it comes time to negotiate your settlement amount. If you wait too long, insurance companies may try to argue that your injuries are not serious enough in order to avoid paying your medical costs.

2. Document Everything

A common stereotype about lawyers is that they love paperwork and documentation. This is true because having documentation is the best way to maximize a settlement claim.
After the accident, take photographs of the site of the accident, your motorcycle, the other car, and your injuries. You should also keep track of any property that was damaged as a result of the accident. Did your cell phone screen crack, or will you need to replace your helmet, gloves, or riding boots?
Create a special folder to keep track of all the medical bills you receive, not only from the hospital but also from the pharmacy, the chiropractor, the physical therapist, and any other medical professional you see. It can be difficult, if not impossible, to recreate this documentation later. Your bills and receipts are necessary to maximize your motorcycle accident claim against the other driver’s insurance company.
Don’t forget to track other expenses you incur as a result of the accident. These can include:

• Lost wages from the time you spent away from work at doctor’s appointments or in recovery
• Gas spent driving to and from medical appointments
• Additional childcare costs
• The cost to repair your bike
• The rental fees for a new vehicle while yours is in the shop
• Replacement motorcycle gear and clothing
• Repairing or replacing your cell phone and other personal property damaged in the accident

If you are in doubt of the relevancy of any particular bill, hang on to the receipt and discuss it with your personal injury attorney.
Finally, document your day-to-day aches and pains. Use an app on your phone or a physical calendar to rate the amount of pain you have on any given day. This can be a useful aid to document the pain and suffering you have as a result of the accident. This will show how many days you were in pain, but also the extent of your pain.
You should note this is not the only way to calculate pain and suffering. Your lawyer may also suggest pain and suffering be calculated based on the expenses you incurred from the accident. Make all your records as accurate as possible in order to maximize your settlement.

3. Contact a Personal Injury Attorney

The other driver’s insurance company is not your friend. The company’s job is to maximize their profits while minimizing the amount they pay. Insurance agents may actually receive bonuses for denying claims and settling cases for lower than they are worth. They may offer to settle with you quickly, before you are aware of the final cost of your medical bills and other expenses.
Because of this, you need an attorney who is on your side and knows the ins and outs of settlement negotiation.
You should meet with your attorney as soon as possible after the accident. Many insurance companies require that you file a claim within a short period of time after the accident. You may not know the full cost of the accident when you file your claim, but do not fret. The settlement negotiation phase will take some time. Continue to get the medical treatment you need and keep documenting your expenses.
Related article: Car Accident Injury Settlement Process
Your lawyer will help you calculate how much your claim is worth. Remember: the goal of a settlement is not to make you rich. Instead, it is to put you in the position you were before the accident occurred.
Your settlement may be lowered, depending on your contributory negligence. In a personal injury lawsuit in Arizona, a jury will determine what percentage of the accident was the plaintiff’s fault, and lower the award by that amount. An insurance company may try to perform the same calculation during the settlement process. Your personal injury attorney will discuss this and other strategies the insurance company may use in order to avoid paying your claim.
Sometimes, insurance companies are not willing to pay a fair settlement. If this happens, you should ask your attorney about suing the other driver for damages. A motorcycle accident claim must be filed within two years of the date of the crash.
This article is for informational purposes only and does not provide legal advice. If you were in a motorcycle accident, contact our experienced personal injury attorneys for a free consultation today.

Whiplash is one of the most common injuries as a result of a car crash. It is a soft tissue injury that is typically caused by a car accident that occured at a red light or stop sign. In these types of accidents, your head is jolted back and forth quickly. Whiplash injuries are characterized by neck pain and headaches that could start hours after the accident occurred. If you experience these symptoms, you should speak with a doctor immediately – they can be symptoms of a more serious condition, such as traumatic brain damage.
After you have taken care of your immediate medical needs, you should start thinking about your long term health and financial care. You may be able to make a personal injury claim against the driver who caused the accident and negotiate a settlement with their insurance company.
We divide the amount of money you can receive from a whiplash claim into special damages and general damages. Money cannot undo the car crash, but it can go a long way to making you whole again.

Special Damages

Special damages refer to expenses that come with receipts. The most obvious of these are your medical bills and other medical expenses you incurred while treating your injury. This category includes hospital and doctor bills, medication costs, as well as physical therapy and visits to a chiropractor. Remember to include other out-of-pocket costs, such as parking fees or gas spent getting to the doctor.
If your car was rear-ended, you may have property damage to your car, even if it is not a total loss. If you need to repair your vehicle, rent a stand-in, or replace it, you can ask for reimbursement to cover these damages as well. Property damage also extends to other items in the car, such as your computer and cell phone, as well as clothing that was ripped or damaged in the crash.
Another type of special damages comes in the form of lost wages. If you cannot work because of the extent of your injury, or if you are missing work due to numerous doctor’s appointments, you can seek reimbursement of money you would have earned otherwise.
Other damages can include child care expenses incurred as a result of increased doctor’s appointments or if you are no longer able to provide personal care due to the extent of your injuries.
To calculate special damages, simply add each expense together:
Medical bills and expenses + property damages + lost wages + other expenses = special damages
Create a physical file of every bill you receive and create a spreadsheet with a running total of your expenses. This kind of documentation will help you maximize the special damages you can receive.

General Damages

Recovering from an injury is not limited to monetary reimbursements. It is often painful, stressful, and even after our broken bones heal, it can be a long time before we are back in the same mental and physical place we were before the crash.
Even though you cannot get that time back, you can receive money for the pain and discomfort you experience as a result of the accident, as well as any emotional distress you suffered.
You can be compensated for:

• Physical pain and suffering
• Emotional distress, including stress, depression, and anxiety
• Nightmares or an inability to sleep
• Loss of enjoyment of everyday activities
• Disruption of daily lifestyle
• Loss of consortium

These damages are not as easy to calculate. After all, what price can you place on being able to pick up your three-year-old daughter?
If, after your car accident, you are suffering from any of these, document your symptoms and consider working with a therapist. You may be able to receive help in getting back to your normal life, and you will also receive documentation that can help bolster your settlement claims.
The good news is that Arizona, unlike some other states, does not limit the amount of money you can receive as part of a death personal injury claim. However, you do not have an indefinite amount of time to file your claim. Most insurance companies require that you file within a short period of time after the accident, and Arizona gives you only two years from the date of the accident to file a lawsuit. Do not miss your window of opportunity by waiting too long.
Your personal injury attorney will help you determine which claims for general damages you can make. This will help you get as much money as possible for your injuries and suffering.
This article does not provide legal advice. If you have been in a car accident and are suffering from a whiplash injury, contact our qualified auto accident attorneys for a free consultation. Our law firm has significant experience with every aspect of personal injury cases.

Dealing with insurance providers can be a frustrating and often scary process. They are bureaucracies and employ people to overwhelm clients with paperwork. On the other hand, people who need to seek assistance from their insurance company are usually at a point in their life when things are falling apart – their car was totaled, their roof caved in, or their basement is flooding.

One way, theoretically, to minimize frustration when things go wrong is to do a proper vetting of an insurance company before you commit to their policy. However, you should remember that insurance companies vet you more than you research them.

Here are three things your insurance company doesn’t want you to know about them:

1. Your credit score plays a big role in your insurance quote

Insurance companies will look at your credit score and history when giving you a quote on insurance. A study by the Federal Trade Commission (FTC) concluded that credit score is an effective predictor of risk, and that having a lower credit score correlated with increased chances for filing a claim under an insurance policy.

The FTC did not have data showing that filing insurance claims caused lower credit scores, or vice versa. However, it did provide a number of theories for the relationship. For example, consumers who are prudent in financial matters may be more cautious and take more care when it comes to driving or making home repairs, or engaging in general home maintenance. The FTC also presented the theory that people who take risks in one area of their lives, such as financial risks, may also take risks in other areas of their lives, such as engaging in riskier driving.

A spotty credit history may also indicate that you won’t pay bills to the insurance provider down the line. The practice of examining credit score before providing an insurance quote could be discriminatory to people with lower incomes who may not have the available funds to build up a solid credit history. As a result, some states, including California, have banned insurance companies from looking at your credit score when providing quotes.

2. Your personal life matters

Insurance companies deal in risk. They have seemingly infinite studies on relative risk about every aspect of someone’s life that show how much risk that person poses.
Insurance companies will take information about your personal life into account when offering you a quote. If you smoke, your premiums will go up for your home, health, and auto insurance policies. Your occupation can, and does, affect the amount of money you’ll pay for your car insurance premiums. Higher stress positions, such as doctors, lawyers, and real estate brokers, may pay more for the same policy than someone with a lower stress job, like teachers, who have statistically better driving records than individuals in other professions.

Insurance companies will even take your gender, age, and marital status into account. Married people are likely to pay a significantly lower amount for premiums than single people of the same age and gender. Teenagers will pay the highest rates, because teenagers statistically file the most claims and get into the largest number of accidents.

3. Insurance companies are for-profit businesses

This may seem obvious, but the logical outcome is that insurance companies are designed to make money. If they give you money, they have less money in their pocket. Because they are designed to make money, they may make a quick settlement offer immediately after a natural disaster or car accident, expecting victims to take the quick money. It can be tempting to take a quick payout, especially as medical expenses start to add up. Claims adjusters will try to convince you to settle quick and move on with your life. However, if you accept a quick payout, you’ll have to sign away your right to bring any additional claims stemming from the accident.

This means that you will be on the hook for future medical bills stemming from injuries not apparent immediately after the injury. You may also have lost wages or additional pain and suffering that otherwise could have been compensated.

Insurance adjusters may even get bonuses for denying your claim or getting you to settle for a lower amount than you’ve been authorized to receive. If you think your insurance company is playing games with you, consider contacting a personal injury attorney to help you get the best settlement possible.

This article does not provide legal advice, nor does it form an attorney-client relationship. If you or a loved one is in need of assistance when negotiating with an insurance company, contact Brad Johnson Injury Law online or call us at 602-396-4635 for a free consultation.

At Brad Johnson Injury Law, we have significant experience with personal injury litigation- our track record with previous clients displays our level of comfort with negotiating settlements or fighting in court.

If you need to file a personal injury claim against a person responsible for injuries you sustained in an accident, it is important to understand the process of litigation. There are many different stages involved in litigating a case in Arizona and you may be eligible to accept a settlement offer at any point during these stages. A settlement offer is typically presented by the insurance company or the attorneys representing the negligent parties in the lawsuit.

A settlement offer should always be carefully reviewed by a Phoenix, Arizona injury attorney. A lawyer specialized in personal injury can tell you more about when it makes sense to accept a settlement offer versus preparing comprehensively for trial. In some situations, personal injury claims cannot be resolved without resorting to litigation. The litigation process can be time consuming and complex. It may also be confusing if you do not have the help of a Phoenix, Arizona attorney. There are several different phases in most personal injury claims in Arizona, including the filing of the complaint, discovery, and trial.

Preparing for Litigation: The Complaint

A complaint is your legal document that officially names allegations against the defendant. The complaint must contain statements of facts, such as liability, the legal basis for liability, and a request for damages.

Filing a complaint

Filing a complaint is your official initiation into litigation process. This could be a powerful negotiation tool, when you are working with an insurance company or other adverse parties. While the formal legal proceedings associated with litigation do not begin until later, adverse parties are often interested in pursuing alternative dispute resolution early on, such as settling the matter before investing a lot of time and money into defending an action.

What Happens After the Complaint is Filed?

After a complaint is filed, the plaintiff must serve a copy of the summons on all defendants in the case. This can be done by a process server or another authorized party and it cannot be completed by the plaintiff. After all defendants in your personal injury claim in Arizona have been served, the defendants will typically have a maximum of 20 days to file an answer to the complaint. The answer is the legal document in response to the allegations listed in your complaint.

Any allegations that the defendants fail to respond to are considered admitted for litigation purposes. Defendants are permitted and in some situations required to make a counter claim against the plaintiff, if they believe they have a legal claim against you. If you or someone you know has recently been injured in a serious accident, you have rights that can only be protected by hiring an injury lawyer you can trust.

Why You Need the Trusted Team at Brad Johnson Injury Law

Personal injury litigation can be complicated and confusing for the average person, but retaining an injury lawyer who has successfully handled cases like this before will give you a better understanding of what to expect and more informed choices when it comes time to elect whether or not it makes sense to accept a settlement or pursue a trial. Consulting with Brad Johnson Injury Law, a dedicated personal injury lawyer in Arizona can give you peace of mind that you have the ability to focus on recovering from your serious injuries while knowing your lawyer is working as hard as possible to recover the maximum compensation for your injuries.

Filing a claim in a timely fashion must be done or you’ll block your chance to recover compensation. As soon as you discover a life-changing injury, talk to Brad Johnson Injury Law about your ability to file a claim. In an initial consultation, you’ll learn more about what’s involved in the legal process and what you can expect when you hire our firm.

Talking to a lawyer in a first consultation does not obligate you to work with us or even file a legal claim, but it’s often what you need to get your questions answered promptly. You can rely on our background in the field of helping many Arizona accident victims determine the best course of action and develop a long-term plan for your interests. You should know that someone has your best interests in mind when there’s a legal claim for compensation at stake.

No Fee Unless We Win Your Case

Brad Johnson Injury Law has experience in representing people who are suffering from a personal accident injury. Our lower personal accident injury lawyers fee is only 25% compared to the typical 33.3% Our goal is to get you the settlement you deserve. Our attorneys are available 24 hours a day, 7 days a week to answer your personal accident injury-related questions. We know that you have enough to worry about in the wake of a personal injury accident like a slip and fall or a vehicle crash. Don’t let concerns over paying a lawyer stop you from getting the legal help that you need immediately.

Car accidents are always dangerous and often result in injury, but with pile-up accidents, there is rarely a case where no one gets hurt. Knowing who is liable in these accidents is essential to making sure you get the resources needed to recover properly. It is especially difficult to determine liability in a pile up. Typically, even though 2 cars start the accident, as more cars come it becomes unclear who hit who. In the end, it will be up to the insurance companies and the court to determine who was responsible for the accident, but there are still things you can look for.

What is Liability?

Liability in a car accident means that the party who was negligent or responsible for the accident will be the one required to pay damages in case. If someone is deemed to be “at fault”, insurance will sometimes cover the damages, but in pile-ups where there are multiple injuries and damaged vehicles, it may not cover everything. Being able to determine fault will be essential in these cases to make sure you get the full amount you need to recover.

Liability in Multi-Car Accidents

Traditional rear-end car accidents are much easier to determine liability in: the person who hits the other from the rear is the party at fault, with a few exceptions. In a multi-car accident, a car will still be at fault for hitting another, already stopped or crashed car, unless it was pushed by another vehicle. In these cases, it will typically be the first vehicle that failed to stop and causes the chain of cars crashing that will be held liable.

There is often a misconception that the party that caused the accident initially is the party completely responsible for the accident. While this may be true in some cases, typically there is more than one party responsible. Although someone may be ticketed, they may not be the party responsible for your injuries. Cars that come in after the fact may be the ones who are truly liable for your injuries. In some cases, there will be multiple parties responsible for one person’s injury. For example, if a person is stopped in a pile up, and is it by two other cars after the fact, both cars that hit them will be responsible. This may require you to contact multiple insurance companies in order to make a claim, and one may pay 60% of the damages while the other pays 40%.

Whatever the case may be, there are steps you can do to make sure you get the most for your claim. The first thing is to gather any police reports and copies of tickets that were issued. In a pile-up, law enforcement will almost always be on the scene, so unlike some other types of accidents, there will always be a police report. In some cases, injuries will be severe enough that you may not be able to do anything. If that is the case, be sure to just take it easy and wait for medical help; ensuring your safety and health is the most important thing. However, if you are able to be sure to get the insurance information of all the parties involved.

Depending on what state you are in, the laws will vary slightly, like in a no-fault state. However, Arizona is not one of these states and your accident will typically be covered by negligence law. In the event of an accident, be sure to contact insurance companies to get initial payment, but it is more than likely you will be eligible for even more. Contacting an experienced auto accident attorney can help you get the full amount you deserve and help get your life back together. Damages from pile-ups can be severe, and medical bills are often high. Don’t hesitate to get the help you require.

A head-on vehicle crash is a scary and potentially life-threatening event. Even if injuries do not appear to be serious at first, pain and other symptoms can become worse in the coming days or weeks following the crash. Hairline fractures and signs of whiplash can take 24 hours or more to become apparent.

Serious injuries and long-term medical problems can include:

• Death
• Paralysis
• Spinal cord damage
• Whiplash
• Other head and neck injuries, including chronic headaches, dizziness, etc.
• Traumatic brain injury
• Memory loss
• Trouble sleeping
• Digestive disorders
• Emotional and psychological problems
• Facial injuries
• Burns
• Broken bones
• Organ damage
• Loss of limb

Unlike rear-end collisions, in which the victim rarely sees the crash coming, head-on collisions usually involve seeing the crash before it happens. This can mean that in the split seconds before the crash, the victim tenses up to try to defend himself from the crash.

Tensing up when you see a crash coming often makes the resulting injuries even worse. This can lead to a temporary or permanent inability to work and ongoing high costs for medical care.

If you have been involved in a head-on collision as an innocent victim or the at-fault party, it is important that you seek medical attention immediately and learn how to protect your rights under Arizona law.

Let’s look at some of the important things to know about head-on collisions and the proper process for navigating the Arizona insurance and legal channels.

Documentation is Key

Getting a thorough medical exam with a physician or chiropractor should be your first order of business following any accident. Properly documenting the details of the head-on collision and your medical findings is absolutely critical.

If you were treated in an emergency room following the crash, be sure to get a complete copy of your medical record from the hospital or facility that treated you. Take a copy of that record to your physician or chiropractor. Insist that they, too, keep an up-to-date and thorough copy of your medical findings and treatment plan. You will need this documentation to seek financial reimbursement of costs you incur, and to seek additional relief for ongoing medical care, lost wages and legal representation.

Your physician is likely to recommend a care plan that will spell out when to see him or other providers, such as physical therapists, massage therapists or pain specialists. The care plan, also called a treatment plan, will explain when to seek treatment, how often, and what you should and should not do while healing.

Follow your care plan to the letter! Following your care plan is necessary to establish that you are doing everything you can to heal properly, and not doing anything to make your condition worse. This is important information when dealing with insurance companies and representing your case in court if it comes to that. One missed doctor’s appointment or incomplete medical documentation can seriously hurt your case.

You also need to get a copy of your accident report. The details in this report offer strong clues as to how your case might look to insurance companies and in court. To get an online copy of your Arizona accident report.

Once you have your report, go over every little detail. If there’s an error, you need to know, especially if it compromises your ability to represent your best interests.
Your Arizona accident report will include legally and medically important details about the accident. It will include a combination of facts the reporting officer collects, as well as your opinion and the other party’s opinion about what happened and how.
Facts will include details such as your name, vehicle type, license and insurance information, time of day, road conditions and lighting. These are things that cannot be disputed if they are documented correctly.

Opinions are more difficult to document and to determine who is telling the truth and who isn’t. We all know the saying, “There are three sides to every story: yours, theirs and the truth.” In accident reports, there is a fourth side — the reporting officer’s side.
Carefully reading the full accident report and documenting any errors as soon as possible can be a very important factor in determining the outcome of your case. This is true whether you go to court or not.

Protect Yourself

One thing to be aware of is that the insurance companies involved may try to get you to agree to a settlement before consulting our office. Do not be intimidated into agreeing to anything with an insurance company or responsible party until you meet with us.
We are going to work with you and your physicians to identify all current and ongoing medical costs, as well as any long-term impact on your lifestyle and earnings ability.
We are also going to talk with you about the accident and the details in the accident report. Were any of the involved parties texting or using their cell phone before or during the accident? Were the parties distracted in other ways, such as with children? Was alcohol or other impairment a contributing factor?
All of these details work together to determine how we will handle your case. Ultimately, our goal is to get the most relief for you as we possibly can, and ensure you are properly represented through all phases of the legal process.
If you have been involved in a head-on collision as a victim or accused of being at fault, contact our office to schedule a free consultation. We can help ensure you get the proper medical care you need to heal, and ensure you are well represented in court and with insurance companies.

If you are injured on someone else’s property, they might be responsible for your medical costs, lost wages or other damages. But how do you know if the owner of that property is responsible for your injuries? If they are responsible, how can you make sure you are fully compensated?

What is the Legal Definition of Personal Injury?

The state of Arizona defines personal injury this way: “A personal injury refers to a situation where someone has been physically or emotionally injured or killed by the wrongful act of another.”
If you slip and fall on someone else’s property because of a hazardous condition such as a wet floor or a trip hazard, that might be considered a personal injury in the legal sense. Other examples can include automobile accidents or even dog bites. If you are injured on someone else’s property, the owner of that property may be subject to “premises liability” laws requiring them to pay for those injuries. In order to receive compensation, you will need to hire a Premises Liability Attorney who will guide you through the legal process.
Slip and fall injuries are the second most common type of private property injury claims we deal with at Brad Johnson Injury Law, so we have significant experience handling these cases. One of the most important things to do if you are injured on someone else’s property due to their negligence or a hazardous condition is to collect documentation about what happened. The sooner you do this, the better. And the more detailed your documentation, the better.
Photos or video of the scene, close-ups of the hazard, and medical documentation describing your injuries in detail are important to your case. So is your step-by-step description of what happened, how it happened and the impact the accident has had on you. We will use all of this documentation as evidence to win your claim. Another very common type of private property injury is a dog bite or dog attack injury. In these cases, returning to the scene of your injury to take photographs or video of the dog isn’t a good idea. However, collecting detailed medical documentation is.
In the most extreme cases of a fatal dog bite or attack, the evidence is particularly challenging to collect. It is often necessary to find witnesses who may have seen the attack or taken video or photographs. Increasingly, social media is a good source for locating important witnesses and collecting evidence to support a personal injury claim. Our experience in helping personal injury victims collect and organize important evidence such as this is one reason our firm has been so successful in winning private property injury claims.

Remember!

If you’ve been injured on someone else’s property and haven’t received medical attention, you will want to do that as soon as possible. Ask for copies of your medical record and bring them to our office for your free consultation. Remember, your medical record is important evidence in seeking legal reimbursement for your personal injury claim.

If you’ve been the victim in a rear-end collision or accused of being at fault in a one, it’s important to understand your rights under Arizona law.

This post will talk about some of the key things you need to know about rear-end collisions. It will spell out the process for navigating the Arizona insurance and legal channels, and offer some insights to help you protect yourself and your rights.

Get Your Records

First and foremost, you want to have a thorough exam by a physician to identify any and all signs of injury. Even if you don’t feel injured, you might be. The spine, especially, can show signs of injury up to weeks, months or even years after an accident. To be safe, schedule an appointment for an exam and if your doctor recommends it, get some x-rays.

Ensure your physician keeps detailed records in your case, and that you stick to any care plan he or she prescribes. Sticking to a physician-recommended care plan is important in negotiating with insurance companies and in representing your interests in court, so don’t take this lightly. A single missed appointment or failure to show documented improvement could hurt your case. Don’t take this chance.

Next, get a copy of your accident report. The details in this report offer strong clues as to how your case might look to insurance companies and in court. You can request a copy of your accident report.

Once you have your report, go over every little detail. If there’s an error, you need to know, especially if it compromises your ability to represent your best interests.

Your Arizona accident report will include facts and the responding officer’s professional opinion about how your accident happened. It will include important contact details for other parties involved in the accident, details about their vehicle and coverage, and the same details about you, your vehicle and your coverage.

All of this is valuable information when negotiating with insurance companies and representing your case in court. When it comes to rear-end collisions, the more you know about your accident report, the better you can represent your case to insurance companies and the court system.

Understand Your Rights

In Arizona, it is generally assumed that the rear-most vehicle in any rear-end collision is the “at fault” vehicle. In fact, this is common across the United States.

Some states are so-called “no fault” states, meaning that regardless of the cause or outcome of an accident, each party involved is expected to cover their own costs for any damage or medical care.

Arizona is not one of these states.

In Arizona, the driver of the rear vehicle is almost always assumed to be at fault in a rear-end collision due to their failure to keep a reasonably safe distance from the vehicle ahead. However, sometimes fault isn’t so crystal-clear. Multi-car collisions are perfect examples.
In a multi-car rear-end collision, the car that caused the crash or chain reaction is almost always the car at fault, and the affected vehicles in between are victims. In this example, the car that created the chain reaction crash is the financially responsible car “at fault.” This is almost always the car at the very rear of the chain of vehicles.

If that car is your car, you may be found to be at fault, and you will want to ensure you have legal representation to limit your liability and your costs.
If you were the victim of a rear-end collision, you, too, may need legal representation. You will want to ensure all of your related costs are covered, including costs to repair damage to your vehicle, medical costs and lost wages due to an inability to work.
Some accident victims make the mistake of accepting low settlements too soon with insurance companies eager to control their costs. Don’t be a victim twice. Talk with us about your case. Let us take a look at your accident report. Together, we can ensure you are properly represented with insurance companies and, if necessary, in court.

If you’ve been the victim of a rear-end collision or accused of being at fault, contact us today to schedule a free consultation. We can help you understand your rights under Arizona law and ensure you are well represented in court and with insurance companies.

Missed work, pain, trips to expensive specialists, x-rays and other tests can become the new normal for someone after a slip and fall. If you or a loved one has experienced an unexpected fall, it will not be long before bills begin to pile up. You might be thinking of pursuing a personal injury lawsuit against the property owner. Proving the owner is to blame for your accident is at the crux of winning a slip and fall case in Arizona. If you are weighing your options to pursue an insurance settlement award or a personal injury lawsuit, you must be fearless in evaluating and identifying your case weaknesses. In other words, what portion of your accident lies with the property owner and what portion, if any, lies with you?

Weighing the Property Owner’s Negligence

Something caused your fall. Perhaps it was an unmarked wet surface, or a flaw in the floor left uncorrected. If you are going to hold the property owner responsible you must test one of a few possibilities:

• Did the property owner or anyone acting on behalf of the owner ignore or fail to acknowledge and address a dangerous element affecting safe conditions?
• Should a reasonable person have noted the condition as potentially hazardous and applied a fix before an accident occurred?
• Did the property owner cause the dangerous condition such as create a hazard in the process of another repair or haphazardly leave obstacles in the path of safety?
• Would it be reasonable to foresee someone tripping and falling due to the condition they caused?

If these questions are answered successfully, the next question to examine is to ask who is liable and was he or she negligent?

What Potential Case Weaknesses Exist?

As in any lawsuits, there are (at least) two sides to each story. You know you are suffering because of your fall, but another question remains for you. Did you have any role in the blame of your slip and fall accident? The property owner is going to look at what happened through different eyes. He or she may argue that you are fully responsible or at least partially responsible for your accident. In Arizona, the law that applies a measuring ruler to slip and fall cases is known as “comparative negligence”. This rule separates blame and determines which percentage of blame lies with the property owner and which percentage, if any, lies with the plaintiff. In other words, if you are deemed 10% responsible by the court for the accident by not being more aware because you were looking at your phone when you fell, you would be entitled to collect 90% of the award decided in the case.

If you are wondering if you could be assigned any blame, some items considered in slip and fall cases are:

• Were you legally permitted to be in the area where the accident occurred?
• Was there a prudent reason for you to be in the dangerous area when you fell?
• Was signage present or other signals to alert people of the hazard?
• Were you doing something you should not have been when the accident occurred?

The bottom line is if the property owner’s defense can show that you likely caused your own accident by being distracted or careless, it is unlikely you will successfully win an injury claim. Testing and measuring these case weaknesses are best to be decided with the counsel of an experienced slip and fall injury lawyer who knows slip and fall cases. He or she can also help how to determine slip and fall settlement amounts as you decide your options.

A Sound Slip and Fall Case Evaluation

You are already suffering from the pain recovering from a slip and fall can cause. If you believe your case is worth pursuing, or if you aren’t certain, talk to a slip and fall injury lawyer who can help you evaluate your case and your case weaknesses. Our firm can help you with providing a sound case evaluation. With something so important, why not get expert help in making your decisions? You deserve to get the best chance of winning your case. Call our office today.