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When Do You Sue When You Are Involved In A Phoenix Traffic Accident

November 19, 2019 by 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.

Filed Under: Uncategorized

What Questions Should I Ask A Personal Injury Lawyer?

November 5, 2019 by Brad Johnson

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.

Filed Under: Uncategorized

Phoenix Arizona Rear-End Collision – What You Should Know?

October 22, 2019 by Brad Johnson

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.

Filed Under: Uncategorized

How Responsibility Is Assessed In A Traffic Accident

October 8, 2019 by Brad Johnson

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.

Filed Under: Uncategorized

Dog Bite Laws In Phoenix Arizona: What You Should Know?

September 24, 2019 by Brad Johnson

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.

Filed Under: Uncategorized

Arizona Staged Auto Accidents – What Should You Know?

September 10, 2019 by Brad Johnson

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.

Filed Under: Uncategorized

Arizona Wrong-Way Drivers: What You Should Know

August 27, 2019 by Brad Johnson

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.

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Drunk Driving Accidents In Arizona: What You Should Know

August 13, 2019 by Brad Johnson

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.

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Arizona Truck Driving Accidents: What You Should Know

July 23, 2019 by Brad Johnson

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.

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7 Most Dangerous Roads In Arizona Roads In Arizona

July 9, 2019 by Brad Johnson

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.

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Arizona Distracted Driver Law: What You Should Know

June 25, 2019 by Brad Johnson

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.

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Arizona Motorcycle Accidents: What You Should Know

June 11, 2019 by Brad Johnson

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.

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Pedestrian Accidents in Arizona: What You Should Know

May 21, 2019 by Brad Johnson

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.

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Emotional Trauma After a Car Accident

April 15, 2019 by Brad Johnson

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.

Filed Under: Uncategorized

Late Appearing Car Accident Injuries

April 8, 2019 by Brad Johnson

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.

Filed Under: Uncategorized

Injured in a Car Accident That Wasn’t Your Fault

April 3, 2019 by Brad Johnson

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.

Filed Under: Uncategorized

Compensation for Burn Injuries at Work

March 21, 2019 by Brad Johnson

Workplace burn injuries can be particularly difficult to recover from. Workers may experience many different types of burns, including chemical, electrical, and thermal burns from dangerous conditions. This type of injury can have serious consequences. Severe burn injuries may require skin grafting and leave burn victims at risk of infection.

Because of the seriousness of these injuries, many burn injury victims are able to receive compensation from their employers.

Workers’ Compensation Benefits

In certain circumstances, you may be eligible to receive workers’ compensation from your employer.

In order to be eligible to file a claim, the injury must be significant enough that simple first aid is not enough to treat the burn – further medical attention is needed in order to qualify for benefits. Additionally, the injury must have occurred during the scope of your employment, even if it took place away from your normal place of work. It doesn’t matter if it was your fault, or how the burn occurred, you will still be eligible for benefits.

For example, if you receive a serious chemical burn while working offsite, you can still seek workers comp for your injuries, regardless of who or what caused the injury.

Not everyone is able to receive workers comp. Your eligibility will also depend on your employment status. Full-time and part-time workers are typically eligible for benefits, but independent contractors, freelancers, and many volunteers typically cannot file claims against their employers.

Types of Compensated Expenses

In your workers’ compensation claim, you can receive compensation for a number of different types of expenses.

Medical Expenses

Injured workers can have a significant number of medical expenses stemming from burns at work. This is especially true for electrical burns, which can cause serious internal tissue damage and often requires hospitalization.

If you are injured at work, you may be required to go to a doctor of your employer’s choice for your first diagnostic appointment. For future appointments and treatment, you may see a doctor of your choice.

However, not all medical treatments are covered. If the treatment is considered therapeutic, rather than necessary for medical improvement, it may not be covered by your claims. Many employers try to limit the amount of medical treatment paid through workers’ compensation, so you should be prepared to demonstrate the medical necessity of your treatments.

In order to maximize your compensation for medical expenses, you should keep all paperwork you receive from your physician, especially documentation related to your treatment plan. Keep track of all your medical bills, including prescription medication in order to demonstrate the expenses you incur as a result of your injury.

Lost Wages

Workers suffering from burn injuries may also be eligible to receive compensation for lost wages due to time spent out of work. Typically, injured employees receive approximately two-thirds of their monthly salary through workers’ comp claims. Additional payments may be available if you have dependents.

Suing Your Employer

Accepting workers’ compensation payments typically means that you aren’t able to sue your employer if you are hurt on the job.

Despite this limitation, there are certain situations where you may be able to seek further compensation. For example, if your workplace does not have proper insurance, you can pursue your employer in court for medical expenses and lost wages you would otherwise have been entitled to.

Additionally, if there was “willful misconduct” on behalf of your employer or a co-worker, you can initiate litigation against both parties. This type of conduct must be more than simple negligence. There are three common scenarios:

  • Your co-worker or employer deliberately violated a safety order or another law, and the violation caused your injury. This situation may arise if, by law, your employer is required to provide safety equipment that meets a certain standard, yet fails to do so. If you receive burns due to the lack of proper safety equipment, you might be successful in your lawsuit.
  • Your employer knew you faced serious injury and required you to proceed with the dangerous situation regardless of the probable consequences.
  • Your co-worker’s actions injuring you were deliberate, such as by deliberately spilling chemicals on your skin or playing a “joke” by rewiring electrical circuits to give you a shock.

If one of these situations occurred, you may be able to proceed with a civil lawsuit on top of your worker’s compensation claims.

This article does not provide legal advice or form an attorney-client relationship. If you received a burn injury while at work, contact our experienced personal injury attorneys to discuss your options with a free legal consultation. Our law firm is dedicated to ensuring that our clients receive the best service possible while recovering from their injuries.

Filed Under: Personal Injury

Car Accident Due to Brake Failure

March 14, 2019 by Brad Johnson

When you are in an auto accident, even if you do everything right, you could still end up hitting another vehicle if your brakes fail. It’s estimated that brake failure causes 5% of the 5.6 million car crashes each year in the United States.

In this type of situation, there are a number of legal issues that come into play. Here is what you should know if defective brakes were the cause of, or contributing factor, to your automobile accident.

Manufacturer Liability

If brake failure was a cause for the accident, the first place to look to is the car manufacturer, to determine if there was negligence before the car hit the market. There are a number of ways that a manufacturer could be held liable for faulty brake systems.

For example, if the brake system was poorly designed, there could be defective brakes in the entire line of cars on the market. Alternatively, your particular vehicle may have been poorly manufactured, leading to an improper brake system in your car.

Often, manufacturers discover these defects and issue a voluntary recall of vehicles, in order to repair or replace faulty systems. In order to check if your vehicle or equipment is subject to a recall, visit the National Highway Traffic Safety Administration’s recall website.

However, if a manufacturer fails to correct defects, they can be held liable for any car accident injuries incurred due to brake failure. Similarly, the auto repair shop that services your car may also be found liable if a mistake they made led to the brake failure.

In order to make a case against either the manufacturer or the auto repair shop, you will need to show that:

  • Action or inaction on their part caused the unreasonably dangerous condition of the brake systems
  • The condition of the brakes caused the accident
  • The vehicle had not substantially changed from when the manufacturer or auto repair shop last had the vehicle.

Although it may sound like an uphill battle, an experienced personal injury attorney will work with you each step of the way, to ensure that you are fairly compensated for your troubles.

Driver Liability

Brake failure may also be indicative of negligence on behalf of the driver whose car malfunctioned. As drivers, we are responsible for ensuring that we adhere to certain levels of safety in our vehicles. If someone is driving a car they know has faulty brake pads, the other driver could be found negligent for creating an unsafe condition. Similarly, failure to take your car for required maintenance could indicate the driver’s liability.

Arizona is a Comparative Negligence State

In Arizona, juries take the comparative negligence of each party into account when giving awards. This means that they will determine the relative fault of each individual in a car accident, and subtract the percentage of fault from the verdict award.

For example, if Mary and John are in a car accident and the jury determines that Mary was 30% at fault in the accident, her verdict would be reduced by 30%.

This is important to consider in cases where brakes fail because often one driver is not completely at fault. In another example, Nancy runs a red light because she is texting. Karen, who had a green light, collides with Nancy due to brake failure. Even if Karen knew that her brakes needed maintenance, her contributions to the car accident pale in comparison to Nancy’s.

Because of Arizona’s comparative negligence laws, there is no “smoking gun” that will solve a case. Instead, it is highly beneficial to work with an experienced attorney, who can sift out all relevant facts in order to make your claim as strong as possible.

Common Injuries in Brake Failure Cases

Typically, brake failure injury victims have similar injuries to passengers in speeding accidents. This is because, without proper brakes, the driver cannot mitigate the accident with lower speeds.

As a result, common injuries include:

  • Broken bones
  • Injuries to the head, neck, and back, including whiplash, concussions, or other traumatic brain injuries
  • Facial injuries caused by airbag deployment

If you were in a car crash due to brake failure, it’s advisable to seek medical attention as soon as possible. Because automobile accidents are traumatic events, our bodies are flooded with adrenaline. As a result, accident victims may not notice common car accident injury symptoms until several hours after the accident. Even minor symptoms, such as a headache, could be a sign of a severe traumatic brain injury.

Compensation for Brake Failure Accidents

Regardless of whether you pursue the manufacturer, auto mechanic, or the other driver, you can seek damages to compensate you for the accident. Typically, accident victims begin by filing a claim with the other party’s insurance company for the amount they are seeking. If the insurance company refuses to pay, or if the insurance limits are too low, you may decide to file a lawsuit to reclaim the remainder of your expenses.

Arizona allows accident victims to seek two types of damages: special damages and general damages.

Special Damages

This type of damage is also known as “economic damages.” Special damages include any expense incurred as a result of the accident. Typical items recovered here include:

  • Medical bills, such as emergency room fees, specialist visits, and medications to manage pain
  • Repair and replacement of personal property, including your vehicle that was damaged during the accident. You can also seek compensation if your cell phone was damaged during the accident, and for any clothing that was destroyed.
  • Rental car fees incurred if you need a vehicle while your car is in the shop, or while you purchase a new car
  • Lost wages due to time spent recovering from the accident. This may include time spent completely away from the office, or the time spent leaving work for physical therapy or other appointments while you are healing. This category can also include loss of future wages, if you had to leave a job indefinitely while recovering, or missed earning commission or other compensation as a result of the accident.
  • Child care expenses taken on if you need additional assistance with your children while recovering from the accident.

While you are recovering, it is important to keep track of every bill and receipt documenting where you spent or lost money as a result of the accident. This is the best way to ensure that you receive full compensation for your injuries. You can store receipts digitally, or you can keep a physical folder with all of the documents. Any receipt, no matter how small, should be included because the bills will add up quickly.

General Damages

This type of compensation is also known as “non-economic damages.” General damages are designed to compensate you for things that were damaged but aren’t repaired with money. These can include:

  • Pain and suffering – if you physically hurt after the accident, or if your aches keep you up at night, you can receive compensation that is meant to offset this pain. While it won’t make the pain go away, it can help make you whole again.
  • Loss of enjoyment – if, after the accident, you are unable to enjoy your normal hobbies or activities, you can seek compensation. For example, if you are an avid runner but now can barely hobble for a mile before your knee starts aching due to injury, you may be able to recover under this category as well.
  • Psychological trauma – car accidents are particularly stressful events and can cause PTSD, insomnia, or anxiety. If you suffer from one of these conditions as a result of the accident, this can also be included in the calculation of your general damages.

General damages can be much more difficult to calculate than specific damages. As a result, we often base the general damage calculation on the number arrived at when calculating specific damages. This is why it is especially important to maximize your special damage award, by carefully tracking all your expenditures incurred as a result of the car accident.

This article is for informational purposes only. It does not provide legal advice, nor does it form an attorney-client relationship. If you were injured in a car accident due to brake failure, contact our experienced personal injury lawyers today to discuss your options for recovery.

Filed Under: Auto Accidents

Passengers in Car Accident Settlements

March 7, 2019 by Brad Johnson

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.

Filed Under: Uncategorized

Concussions Car Accident Settlements

February 28, 2019 by Brad Johnson

Traumatic brain injuries (TBIs) are some of the most frequently seen injuries stemming from car accidents. Among TBI types, concussions happen more often than any other type of TBI, making concussions a major concern among crash victims. In fact, many personal injury claims related to car accidents involve concussion-related settlement amounts. After all, concussions can have serious, long-lasting effects.

Why Are Concussions Dangerous?

A concussion occurs when the brain is jolted, which is a common occurrence during a vehicle collision.

Imagine that a car is moving at 60 miles per hour. Suddenly, it hits another object. Whether that object is moving or at rest, everything in the first car continues moving forward at the same speed, not stopping until it hits something that is already stopped. If one of the objects in the first car is a person, that person’s brain will slam against their skull. As a result, the person may wind up with a concussion.

Concussions are some of the milder and less intense forms of TBIs. However, that does not mean concussions are not serious. Quite the contrary, concussions can be so severe that someone who sustains a concussion may lose their ability to work, lose connections with their loved ones, and can even lose their core personality in some cases.

The Centers for Disease Control and Prevention (CDC) estimates that around 2.5 million people in the United States visit emergency medical centers for TBIs each year. These emergency room treatments include concussion treatments. For individuals between the ages of 15 and 44 years old, motor vehicle accidents are the most likely cause of a TBI. However, children and adults outside of this age group are still at risk of a TBI if they experience a car accident.

Although concussions may be labeled as “mild,” they can cause long-lasting effects. Many accident victims who suffer from TBIs and concussions require expensive medical treatment, including physical therapy and psychotherapy. Depending on any other injuries sustained during the car accident, victims may also need surgery, pharmaceuticals, occupational therapy, and other interventions.

What a Concussion Looks Like

Ironically, not everyone who experiences a concussion after a car accident knows it right away. Concussions are considered a “hidden” issue because the skin does not have to be broken or damaged. A victim may look perfectly normal, and even feel normal for a few days post-crash. However, if he or she has a concussion, some common signs and symptoms are likely to become evident sooner rather than later.

Some of the most frequently reported indicators of a potential post-trauma concussion include:

  • Dilated pupils that do not respond to light.
  • Pupils that are not the same size in both eyes.
  • Memory problems or lapses, including temporary amnesia.
  • Dizzy feeling or feelings of vertigo.
  • Nausea, vomiting, or change in appetite.
  • Exhaustion despite getting enough sleep.
  • Severe headache or head pressure.
  • Difficulty speaking clearly or even sounding intoxicated.
  • Inability to maintain a normal conversation.
  • Changes in personality and behaviors.
  • Sleeping too little or too much.
  • Inability to concentrate, even at work.
  • Inability to complete everyday tasks, such as tying shoes.
  • Pervasive depression and negative attitude.
  • Difficulty walking or running.

Although the onset of a concussion can be slow, some signs may be evident immediately after the car accident. Always seek medical attention immediately after a car crash, even if you do not feel like you sustained any injuries. The sooner a TBI is diagnosed, the sooner you can get the help you need, which may help reduce the effects of a concussion. Even if emergency medical responders do not come to the site of the crash, you should still visit a doctor. Even if you incur bills upfront, it is better to receive a diagnosis and treatment immediately than to allow a concussion to go untreated for days, weeks, or months.

How a Settlement Can Help After a Car Accident

After establishing that you have suffered a concussion as a result of a car collision, you will want to discuss an injury settlement with the at-fault driver’s insurance company. A settlement amount will help you recover general and special damages that you are owed.

Although you do not need representation from a personal injury attorney to discuss a settlement with the at-fault driver’s insurance company, you may wish to consult an injury lawyer in Arizona to ease the process. After all, you may wish to pursue a personal injury case against the driver, which is much easier if you have a knowledgeable law firm on your side.

The process of car accident settlements can be confusing. The last thing most car accident victims want to navigate is piles of legal paperwork. Typically, it is easier to work with a professional legal representative.

Understanding General Versus Special Damages

At the beginning of your case, your personal injury law firm will help you determine how to calculate a reasonable settlement request for special and general damages.

Special damages are usually easier to calculate than general damages because they are objective. Special damages include medical expenses, property damages, and lost wages. Future lost wages may also fall into this category.

General damages are more difficult to calculate because they are subjective in nature. For instance, pain and suffering is a type of general damage. Obviously, no one can put a price tag on your quality of life. However, a knowledgeable accident attorney can look at past settlements from cases similar to yours and figure out a justifiable figure.

Other Considerations in Concussion-Related Car Accident Settlements

Beyond damages and experiences already covered, concussion victims from car accidents need to remember that punitive damages may come to light during a personal injury case. However, punitive damages can be difficult to obtain. You and your attorney should discuss any punitive damages to decide if seeking them as part of your settlement makes sense.

What Can You Expect From a Concussion Car Accident Settlement

Every car accident is unique, and so is every victim’s experience. The way your concussion affects your daily life, and maybe even your future, is as individualized as your fingerprint. This means that your attorney will need to factor in many considerations when recommending how much of a settlement amount you should accept.

Be aware though that television often portrays car accident settlements as being million-dollar cases and most are not. Your goal should be to recover what you are owed. It is better to have realistic expectations from the beginning, which will help you throughout the process.

Talk with your personal injury lawyer about your settlement questions and concerns when you meet for your initial consultation. That way, you can begin with a more thorough understanding of how your attorney has helped clients in similar situations. The more you know, the better you will feel proceeding with your case.

Documentation to Help Your Car Accident Settlement Case

In order to give your car accident case the attention it deserves, your lawyer will need as much information as you can provide. You can move your case along faster if you provide your attorney with copies of all medical bills you have incurred as a result of the car accident. Don’t forget that your medical bills may also include bills for emergency medical responders’ transportation, over-the-counter pain medications, x-rays, blood work, injections, physical therapy visits, and psychotherapy appointments.

You should also collect copies of your most recent pay stubs, or request copies from your employer, to illustrate any lost wages. This type of documentation provides concrete evidence and makes it easier for you to prove that your concussion has required out-of-pocket expenses. Even if your health insurance carrier covers a portion or all of your concussion-related medical costs, retain any invoices, billing, or insurance claims to use as part of your case.

Your lawyer may request other documentation as you continue to work toward a resolution and settlement. Each piece of evidence should help indicate to the other side that your settlement request is based on real numbers.

How Concussion Car Accident Settlement Fees Work

Every law firm in Arizona sets its own personal injury case fees. This is something many potential clients do not realize. Therefore, it is up to you as a consumer to investigate which personal injury attorney is best suited for your needs.

At Peterson Johnson, we collect 25 percent of any collected settlement amount you receive from your concussion car accident settlement. For instance, if your collected settlement is $10,000, we receive $2,500 and you receive $7,500.

Our firm’s collected percentage is 8.3 percentage points less than the 33.3 percent typically charged by Phoenix-based law firms. We are happy to discuss this further with you when you visit to discuss your case.

Contact a Lawyer in Arizona About Your Concussion Car Accident Settlement

Were you in an accident that left you with a concussion? Was someone in your family in a car crash, only to later discover that they suffered from a TBI concussion? Even if you are not sure that you want to move forward with a personal injury case, you owe it to yourself and your family to seek advice. Contact Brad Johnson Injury Law in Arizona at 602-285-6100 in Phoenix or Glendale to arrange an appointment with one of our personal injury attorneys. You can also request a free initial consultation through our online contact form.

Filed Under: Auto Accidents

Symptoms of Whiplash from a Rear End Collision

February 21, 2019 by Brad Johnson

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.

Filed Under: Uncategorized

Car Accidents Caused by Mechanical Failure

February 14, 2019 by Brad Johnson

Car accidents caused by mechanical failure are not that uncommon. If you believe an accident occurred as a result of a faulty part or other type of mechanical failure, it’s important to seek out financial compensation for your losses. However, this is a complex matter and can be difficult to do. For that reason, it’s always best to work with a skilled attorney. At Brad Johnson Injury Law, we can help you obtain the compensation owed to you for such a failure.

Who Is Responsible for Your Loss?

Most often, motor vehicle accidents occur as the result of a driver’s mistake or poor road conditions. They may happen when someone is driving distracted or otherwise impaired. Yet, other times, the mechanics of the car or faulty components are contributing factors. In order for you to obtain compensation for this type of manufacturing defect, you will need to prove that the mechanical failure caused the accident.

It’s essential to understand this key fact. If you believe any component of the vehicle failed, you are likely to find a significant amount of opposition from the manufacturer or the part installer. The goal of the attorneys representing the manufacturer is to limit any product liability here. This means you will need an experienced professional to help you prove your case.

What Determines Who Is Responsible?

Numerous factors play a role in determining what caused the problem. A vehicle manufacturer is never going to be responsible for poor maintenance. For example, if the brake pads fail because they are worn out due to normal and expected wear and tear, the company may not be responsible if they cause an accident. That’s because all mechanical parts wear out at some point.

If vehicle maintenance is not the issue, though, there are additional questions that need to be considered. For example, if the brake lines failed due to the part being manufactured improperly. If so, this could be a product liability claim from the manufacturer. Perhaps the brakes lights were replaced by a technician, who failed to connect them properly. In this case, the responsible party may be the technician that did the work.

Common Types of Defective Car Part Claims

Many components of the vehicle can be defective. Most often, manufacturers have quality assurance programs in place to minimize these risks. Still, defective parts can make it through. Some common causes of mechanical failure that could be related to product liability include the following:

  • Brakes – This is one of the most common concerns. If the brakes on a vehicle fail, you could be involved in a serious collision. Brakes require replacements over time, but in some cases, the ABS system or brake lines may fail due to poor manufacturing.
  • Tires – Tire failures often occur as a result of wearing down the materials and a lack of replacement. However, most tires have warranties, which could indicate an early failure where product liability is concerned.
  • Lights – Headlight or tail light failure can cause accidents to occur. Most often, these fails are due to normal use, but if a newly installed light fails, this could be due to negligence.
  • Steering – The steering system is often well tested in vehicles before they hit the road, but a failure could be the result of a product failure.

What Type of Claim Can You File?

Several types of scenarios could play out here.

  1. First, a claim of negligence could be filed. That is, the responsible party breaches a legal duty by failing to act in a certain way, in this case, in relation to the defective parts.
  2. Product liability is a secondary option. Here, the manufacturer or the seller may be liable for the defective product—the product should never have been in the hands of the consumer.
  3. A third option is strict liability in which absolute legal responsibility for injuries is placed on the defendant.

What Compensation Is Owed to You?

Determining the amount of compensation owed in a case like this is challenging because many factors must be considered. The first step is to prove negligence. From there, it is important to evaluate all losses from the auto accident. That could include:

  • Damage to the vehicle – This includes any damage related to the vehicle itself and any possessions within it.
  • Damage to the people involved – This includes medical bills, long-term therapy, and emergency room visits.
  • Third-party losses – If another person’s vehicle was involved, or the auto accident caused injuries to other people in another car or a pedestrian, this should be considered as well.
  • Pain and suffering – This is a type of claim for what you’ve lost beyond what you can prove. You may suffer long-term complications from the incident.
  • Lost time at work – Due to illness, court cases, or other accident-related incidents, you may be unable to attend work.

Keep in mind that traffic accidents like this are very complex to prove. Most often, the responsible manufacturer will have a powerful law firm working on their behalf to avoid the consequences.

Hiring Our Accident Attorney Matters

When you turn to Brad Johnson Injury Law, your auto accident attorney, you will work with a team that has served clients for years in this area. We have experience in product liability and mechanical failure claims and can help you prove your case. Call us for a free initial legal consultation at 602-285-6100.

Filed Under: Auto Accidents

What to Do After a T-Bone Accident

February 6, 2019 by Brad Johnson

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.

Filed Under: Uncategorized

Passenger in Car Accident Whiplash

January 21, 2019 by Brad Johnson

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.

Filed Under: Uncategorized

What to Do After a Hit and Run Accident

January 10, 2019 by Brad Johnson

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.

Filed Under: Uncategorized

Distracted Driving

January 3, 2019 by Brad Johnson

Numerous Arizona cities are enacting laws about texting and driving. Using a phone while driving is dangerous, and it puts other drivers on the road at risk. Recent laws aim to encourage drivers to put down their phones. Yet, many people do not recognize the dangers of texting while driving or they are sure that it will never happen to them. If you have suffered due to a driver using a phone while behind the wheel, you have the legal right to take action.

What Are The New Driving Laws?

Law enforcement continues to work hard to enforce these new laws, but that does not make it an easy task. First, consider a few key things. Numerous areas of the United States are seeing an increase in accidents caused by distracted driving which is the act of being distracted in some way when operating a motor vehicle. Using an electronic device is just one example. Talking to others, eating, smoking, or applying makeup (all common charges across the United States and District of Columbia) can be considered distracted driving.

In Arizona, a variety of changes are occurring. For example, in Surprise, Arizona, some of the most prohibitive driving laws are now in place. Individuals who send a text message or otherwise use any type of handheld communications device while they are operating a vehicle, could face fines and other penalties. It is possible to use a hands-free device for communication. Other cities, such as El Mirage and Glendale are working to put such laws in place as well.

Right now, only a handful of cities have enacted distracted driving laws, which makes it hard for drivers to know what their rights are from one city to another. Yet, cell phones while driving are always a risk. As a result, any person who is using an electronic device and operating a vehicle is responsible for any damage they cause to other drivers as a result of distracted driving. No law has to be present for a victim to seek damages for losses such as this.

Current Status of Driving Laws

In Arizona, there are a few key cities to pay close attention to when it comes to distracted driving laws. Here’s a breakdown of the most prominent laws going into effect.

El Mirage

In the community of El Mirage, the local council voted to ban texting and driving. Police officers will be pulling people over and initially offering a warning to educate drivers. However, after a warning, the fine for breaking this new law is $250 for a first-time offender.

Glendale City

In Glendale City, a ban on handheld cell phone use while driving is now in place. The law will have a warning phase as well. However, individuals could be fined significantly for the use of any handheld device while driving.

Consider the Risks of Texting and Driving

It seems simple enough. You just need to respond to a text message. You pick up your phone, open a message, and begin typing your reply. Within the few seconds it took to look at your phone and send a message, you could have been in a car accident, killing yourself or another driver as well as any passengers or pedestrians nearby. This is one of the most common causes of motor vehicle accidents today. If you take your eyes off of the road, you cannot react fast enough to changes in traffic patterns, road conditions, or other drivers.

Consider these important statistics that shed light on the dangers of texting and driving. Specifically, consider young drivers.

  • In 2016, the U.S. Department of Transportation reports that 263 teens, age 15 to 19 were killed in car crashes due to distracted driving.
  • That accounts for 8 percent of all people killed as a result of distracted driving in 2016.

Teenage drivers are specifically at risk because they lack experience behind the wheel and may be more prone to reckless driving. Teens are four times more likely to be in an accident while using a cell phone than adults. However, the use of mobile devices behind the wheel by teen drivers is not exclusive to their generation. It impacts all ages.

The National Highway Traffic Safety Administration provides additional information about fatal car crashes. Each year, 390,000 injuries occur each year from accidents that occur as a result of texting and driving. In fact, 1 out of every 4 accidents occurring in the U.S. is due to distracted driving.

Most Drivers Say They Text and Drive

Though many people understand the risks of driving distracted, the urge to pick up a ringing phone or respond to a text is sometimes hard to resist. About half of all drivers say they answer their cell phones when they are driving. Most people say they would not engage in drunk driving, but distracted driving can be just as risky as driving drunk.

What Should You Do If You Are in an Accident with a Distracted Driver?

If you are involved in an accident with someone who was texting and driving, or someone who was otherwise distracted, your first step should be to pull over and call the police. Document what happened at the scene of the accident and take necessary photos of the vehicles involved. Documentation will be key to taking legal action. There is no excuse for individuals to be on their phones.

Even if you are not in an area where these laws are in place, you have the right to compensation for any losses you have suffered due to the negligence of another driver. However, it can be very difficult to prove your case without the help of an attorney. For this reason, you should work closely with an attorney who can help you to prove your case.

Who Is Responsible – Getting Coverage for Your Losses

Your attorney will work with you to understand who is responsible for the incident. Generally, the police officer at the scene will determine who is to blame at the scene of the accident. From there, we can file a claim with the insurance coverage for that individual. The liability insurance from the other driver should provide financial compensation to you for most – if not all – of your losses. Those losses may include:

  • Medical bills or any medical service costs you incur as a result of the incident
  • Lost time at work or lost benefits at work due to missing time from the accident
  • Costs related to long-term care needs, such as rehabilitation services
  • Property damage to your vehicle or other belongings related to the incident itself
  • Pain and suffering claims

If someone has died as a result of distracted driving, it is critically important that you work with an attorney to prove your case and to obtain the compensation owed to you. This is far more extensive than medical bills.

It Was Just an Accident

A claim some drivers make is that they looked at their phones for just a second. They may even try to deny looking at their phone. Yet, the average person does this 23 times in a typical car ride. That’s not an accident. It takes just seconds for a person to cause an accident due to a glance at a cell phone.

Keep in mind that new laws are likely to continue to develop. You need to stay up to date on these to protect yourself as well. If you drive a vehicle and pick up your phone while driving, now is the time to break the habit. If you have suffered due to a distracted driver, we want to help you receive the compensation you are owed as a result.

What to Do If You Have Suffered as a Result of a Driver Texting and Driving

Distracted driving is a serious situation that can cause numerous losses. If you have been in an accident caused by a distracted driver, contact Brad Johnson Injury Law to obtain legal representation. Our team will work with you to ensure you get the compensation owed to you. Call our attorneys at 602-285-6100 or contact us online.

Filed Under: Auto Accidents

Truck Accident Settlement Calculator

December 28, 2018 by Brad Johnson

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.

Filed Under: Uncategorized

Hit by Drunk Driver Settlement

December 20, 2018 by Brad Johnson

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.

Filed Under: Uncategorized

Cyclist at Fault Car Accident

December 14, 2018 by Brad Johnson

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.

Filed Under: Uncategorized

Average Car Accident Settlement

December 5, 2018 by Brad Johnson

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.

Filed Under: Uncategorized

Grocery Store Slip and Fall Settlements

November 29, 2018 by Brad Johnson

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.

Filed Under: Uncategorized

Suing an Underinsured Motorist

November 19, 2018 by Brad Johnson

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.

Filed Under: Uncategorized

Motorcycle Accident Settlements

November 15, 2018 by Brad Johnson

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.

Filed Under: Uncategorized

Whiplash Settlement Calculator

November 8, 2018 by Brad Johnson

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.

Filed Under: Uncategorized

Pothole Compensation

October 25, 2018 by Brad Johnson

Avoiding potholes is not always possible, and when you do hit one, you could suffer significant damage to your vehicle. Filing a claim with your insurance company or with the city is not always an option. Typically, the damage from these claims is minor, leaving you with little ability to receive compensation. However, hitting a pothole can cause more serious damage, including damage to the underside of the car, tires, rims, and much more. In these cases, you may want to take action.

Filing a Claim with Your Insurance Agency

In some situations, your insurance policy is the go-to solution for receiving compensation after experiencing significant damage to your car. First, consider whether or not you have coverage that is applicable. For example, hitting a pothole is a type of collision accident. That means you must carry collision insurance to file a claim. Those with other types of coverage, such as comprehensive insurance or liability insurance, have no recourse to filing a claim for pothole damage to their car.
If you do have collision coverage, what are your options? Your auto insurance policy probably includes a deductible. This is the amount you must pay before the insurance policy kicks in to pay for the remaining damages. For example, if the damage to your tire requires you to pay $300 for a new tire, but your deductible is $500, you will receive no compensation. However, if the damage is to the body of the car, resulting in $1,500 worth of damage, the auto insurance will cover $1,000.
You can submit a claim like this to your auto insurance company directly. In most cases, pothole compensation like this is a straightforward claim. You will receive compensation to make repairs. Car insurance claims like this typically work best for larger claims. However, for those without coverage, what are your options?

Isn’t the City Responsible?

One key fact many people do not know is that the city, county or other jurisdiction that maintains the roads could be responsible for the damage. City laws differ on this. However, you may find there are policies in place to help cover damage to your cars if the city is responsible. To determine this, find out what type of road you are on. Is it a city-maintained road? Others may be a county or a state-maintained road. Once you gather this information, you can determine if there are more options to help you receive compensation.
In some cases, the state or city has limits on when it can pay for pothole claims. For example, someone may have to report the pothole to the city as the first step. Then, the city has a certain amount of time to respond to your claim, such as 24 to 48 hours. If someone else experiences damage, the city may be held liable. The key here is that the city must have known about the pothole, been given enough time to take appropriate action, and then failed to do so. If these things occur, you may have a claim for compensation.

What If You Can’t Get Coverage?

There are some situations where the damage is significant and you do not receive help from your auto insurance or from filing a claim. What should you do at this point? Follow these steps.

  • Take a photo of the pothole. It is always important to have evidence of what happened to back up your claims.
  • File a claim with your car insurance. If denied, file a claim with the city for the damages.
  • Get a quote for the amount of damage done to the car from a licensed mechanic.

Then, contact our office. We can work with you to determine if you have the legal right to seek out compensation from the city, county, or state, or another party depending on the situation. Even if you just need help filing a car accident insurance claim, our office can do this with you as well. You may find the insurer denies your claim even if you have coverage. This is also something we can help you with.
At Brad Johnson Injury Law, our team is here to help you determine how to receive the pothole compensation owed to you. Contact our office to learn more about what legal steps you can take to recover the damages you have incurred through no fault of your own.

Filed Under: Uncategorized Tagged With: Insurance Coverage, Pothole Compensation

Filing an Uninsured Motorist Claim in Arizona

October 18, 2018 by Brad Johnson

Once the dust settles after a car accident, the most frustrating part of the ordeal can be dealing with the drivers’ respective auto insurance companies. In an ideal situation, both drivers would have sufficient liability coverage so their car insurance companies can deal with the aftermath.

Although Arizona is one of many states that require all drivers to carry insurance, not all drivers do. It is common that the driver at fault to be uninsured or underinsured, meaning that their policy limits are too low to cover the damage.

What is uninsured and underinsured motorist insurance?

Uninsured motorist insurance is liability insurance that you purchase as part of your auto insurance policy. In many states, if you are hit by an uninsured driver, your uninsured motorist insurance will pay for:

  • Bodily injury coverage for you and your passengers that pays for your medical bills;
  • Lost wages for you and your passengers;
  • Property damage coverage, covering damage to your vehicle and any personal property in the vehicle, such as your cell phone or laptop.

Uninsured motorist insurance is also useful if you are the victim of a hit and run accident, where the other driver leaves the scene without leaving their contact information.
If you are a bicyclist who is hit by an uninsured driver, your uninsured motorist insurance may cover your medical injuries as well.
Underinsured motorist coverage will come into play if the other driver’s insurance policy limits are too low. The underinsured driver’s insurance will come into play first, then, your coverage. Typically, underinsured motorist coverage will only cover the motorist’s bodily injuries, meaning that it will only cover your medical bills.
While neither type of insurance is required in Arizona, it can be worth paying a bit more each month to ensure that you and your family are covered in a car accident.

What should I do if I’m in a car accident with an uninsured or underinsured driver?

If you have been in a car accident, you should follow these steps:

Immediately after the accident:

  • Ensure that everyone is safe, and request emergency medical attention if necessary
  • Take photos of the damage to both vehicles for documentation purposes
  • Exchange contact information with the other driver and insurance information
  • File a police report to have a record of the accident. This will also create documentation for your insurance company and if you decide to file a lawsuit in the future.

Shortly after the accident:

Speak with your insurance company regarding filing an uninsured or underinsured motorist claim. Most companies require that you file a claim within 30 days, so file promptly.
Your insurance company may be reluctant to cover your bills, which is why it is important to show the police report and photographs from the scene. Both will provide evidence to support your claims.

Within two years of the accident:

If you decide to file a lawsuit against the other driver due to death, injury, monetary loss, pain and suffering, or property damages as a result of the car accident, you must file the lawsuit within two years of the accident.
You should know that Arizona follows a legal theory of pure comparative fault for drivers involved in auto accidents. A jury would determine how much of the accident was each driver’s fault. The plaintiff’s damages will then be reduced by the amount they contributed to the accident. For example, if the defendant ran a red light, but the plaintiff was changing the radio station when they entered the intersection, the plaintiff could be found 10% at fault for the accident and the defendant could be found 90% at fault. The plaintiff’s damages then would be reduced by 10% which is the amount of fault the plaintiff contributed to the accident.

Other things to consider after a motor vehicle accident

If you have been in a car accident, even a minor fender bender, make sure you speak with a doctor about common car accident injuries shortly after the accident. Often, people who are in a car accident do not realize the extent or the severity of their injuries because they do not feel injured until hours later. Keep track of all medical bills in case you decide to file a claim in the future.
Additionally, you should have your car looked at by an experienced mechanic to ensure your car is in streetworthy condition. Again, hang on to any bills you receive.
If you need assistance working with your insurance company after a car accident involving an uninsured or underinsured motorist, contact our experienced personal injury attorneys for a free consultation.

Filed Under: Uncategorized Tagged With: Motor Vehicle Accident, Uninsured Motorist Claim

Whiplash Injury Compensation

October 11, 2018 by Brad Johnson

If you’ve been in a motor vehicle accident, you should seek medical attention immediately to determine whether you are suffering from any common car accident injuries, even if you are able to walk away from the wreck.
In addition to receiving the medical attention that you may need, having a doctor’s record of any injuries you sustained from the crash can be strong evidence if you decide to make an accident claim, either with your car insurance company or against the other driver.

What is a whiplash injury?

One of the most common types of car accident injuries is a whiplash injury. This is a soft tissue injury received when your head is suddenly jolted back and forth. It often occurs in rear end collisions at red lights or stop signs.
A whiplash injury specifically affects the neck, so one of the most common symptoms is neck pain. People suffering from whiplash will have difficulty moving their neck through its full range of motion. Other symptoms include headaches, dizziness, difficulty sleeping, and tingling or numbness in arms.
It is important to note that whiplash does not appear immediately after a car accident. It can take up to twelve hours for this kind of neck injury to show symptoms. Even if your doctor releases you to go home, make sure you monitor your symptoms. Seek treatment if your symptoms worsen or new symptoms appear.

What type of compensation can I seek?

The amount of compensation you can seek for your whiplash injury claim will vary greatly, depending on the extent of the damage. Some people fantasize about sustaining a minor injury from an accident involving a wealthy driver and subsequently receiving a huge payout. Unfortunately, this is not the case. Instead, your claim amount will be tied to the actual injury you have suffered.

Special Damages

You will be allowed to seek “special damages,” which are tied to specific monetary losses you have incurred as a result of the car accident.
This will include repayment of any medical expenses you have had including medical bills, medication expenses, physical therapy, hospital fees, etc. Additionally, you can seek damages for any property loss, including the repair or replacement of your vehicle.
Special damages also include other monetary losses. If you missed work due to pain, doctors visits or had to take significant time off, you may be eligible to receive repayment. These lost wages are easily calculable. If you have to hire a driver because you can no longer drive or you have to make additional child care arrangements because you can not be a caretaker during recovery, these bills may also fall under the umbrella of special damages.

General Damages

Unfortunately, recovery from a whiplash injury is not limited to repayment of money spent. Often, people suffer from, and are thus able to recover “general damages.” These are damages that are not specifically tied to a bill or expenses. Instead, they are often referred to as pain and suffering.
After suffering an injury, the quality of your life can change dramatically overnight. Some examples of this are:

  • You can no longer play basketball with your friends at the gym because it jostles your neck too much.
  • You can’t pick up your toddler because it hurts your neck.
  • You wake up in the middle of the night in pain and have trouble focusing the next day because you didn’t sleep well.

Your personal injury attorney will help you receive the maximum amount of compensation for your whiplash injury. Keep copies of all of the bills you have incurred, so you can be compensated for special damages. You should also document the ways your life has changed, including the things you can no longer do. This will help you receive proper compensation for your general damages, including pain and suffering.
One final note – in Arizona, you must file a car accident lawsuit within two years of the event. Otherwise, the statute of limitations will run out and you will not be able to seek compensation from the other driver. If you are filing a claim with an insurance company, you will likely need to file your claim much closer to the date the accident occurred as well.
This article does not provide legal advice and is for informational purposes only. If you or a loved one has suffered a whiplash injury, contact Brad Johnson Injury Law today to discuss your options.

Filed Under: Uncategorized Tagged With: Auto Accident Injury Compensation, Whiplash Injury Compensation

3 Things Insurance Companies Don’t Want You To Know

October 9, 2018 by Brad Johnson

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.

Filed Under: Uncategorized

Hit and Run Penalty

October 8, 2018 by Brad Johnson

Hit and run penalties typically include fines and potential jail time. If there are injuries involved, the charges may be more significant. In Arizona, you can be charged with a felony or a misdemeanor for a hit and run. The circumstances of each case greatly influence what you may be charged with. However, hit and run charges tend to be more significant when the accident involves significant property damage or the death of a person.

Understanding the Duties of the Driver

All drivers in the state of Arizona are required to take steps to find the owner of any vehicle they damage. If an unattended parked vehicle is involved in the incident, the driver must immediately stop and find the owner by waiting in the parking lot or, if in a driveway, approaching the address. If the event happens during a moving violation, such as on a roadway, the driver must pull over, contact authorities and file a police report. In some cases, it is as simple as communicating your personal information with the other driver, exchanging insurance information, and filing a police report to document the incident.
If you fail to stop or the other driver fails to stop after hitting you, the hit and run penalty can escalate quickly depending on the circumstances of the incident.

A Misdemeanor Hit and Run

Arizona law – ARS 28-662 – governs incidents in which a person leaves the scene of an accident. Specifically, this applies in situations where there is only vehicle damage. This means no injuries are present. In this situation, individuals are required to find the owner to provide information about the incident. Drivers must exchange information. Individuals who violate this are considered guilty of a hit and run. In this case, the violation is considered a Class 2 Misdemeanor.

Non-Vehicle Property Damage

Another penalty occurs when you leave the scene of an accident in which there is property damage. For example, if you back into a mailbox, you need to report the incident to the property owner. In this case, if a driver does not do so and leaves the scene of an accident, he or she can be charged with a Class 3 misdemeanor.
In these examples, the criminal charges are related to misdemeanors. As a result, the maximum penalties in these cases are:

  • For a Class 2 Misdemeanor under Arizona law, the maximum punishment is 4 months in jail, 2 months of probation and fines and surcharges up to $1,372.50.
  • For a Class 3 Misdemeanor under Arizona law, the maximum punishment includes up to 30 days in jail, one year of probation and fines and surcharges up to $915.00.

In addition to this, all hit and run cases may result in the loss of your driver’s license. License suspensions of one year are common. Additionally, a judge can order you to be screened regularly for drug and alcohol use as well as require you to attend counseling sessions and complete community service.

Felony Hit and Run

A felony hit and run is punishable by higher fines and potential jail time. This falls under ARS 28-661. Under this law, individuals are required to remain at the scene of the crime or return as soon as possible. There must be an identification exchange including the vehicle registration number and driver’s license information. In addition, the driver must render reasonable assistance to any other individual involved in the car accident that suffered a personal injury.
When a driver leaves the scene of the accident and there is a serious injury or death, he or she can be charged with a Class 2 Felony. In this case, he or she caused the accident. If the driver fled the scene but did not cause the accident, it is typically considered a Class 3 Felony under Arizona state law.

What determines serious injury?

A vehicle accident resulting in injury can result in either a Class 2 or a Class 3 felony, based on the nature of the injuries. The law states that physical injury is considered serious if:

  • There is reasonable risk of death associated with the injury
  • There is serious impairment of health
  • There is serious disfigurement
  • There is permanent disfigurement
  • There is loss of an organ or limb function
  • There is protracted impairment of an organ or the function of a limb

Individuals in a hit and run accident like this are generally going to face significant criminal charges.
Penalties for felonies are significantly higher. Here are a few examples:

  • A Class 2 Felony under Arizona law may result in probation and as much as 12.5 years in prison. If the driver has a previous felony on their record, they may serve time in prison for up to 35 years. The loss of their driver’s license for 10 years is also an option.
  • For a Class 3 Felony under Arizona law, punishment may include probation and up to 8.75 years in prison. If the driver has previously been charged with a felony, this can increase prison time to 25 years. A loss of their driver’s license for up to 5 years is possible as well.

What Should You Do If You Are Facing a Hit and Run Charge?

Every situation is different. However, it is essential to have a criminal defense in place that properly protects your future and ensures your rights are always protected. A hit and run criminal defense will use information from the incident, such as the reason you left the scene of the accident, as well as information pertaining to your health and condition at the time of the incident. If you left the scene of an accident and you were under the influence of drugs or alcohol, this may have played a role in your ability to make proper decisions.
Individuals facing hit and run charges should seek out an experienced attorney to assist them with this type of criminal charge. It is the best possible way to minimize hit and run punishments.
Call Brad Johnson Injury Law, experienced personal injury attorneys, for additional information and solutions. We offer a free consultation. Call us at 602-285-6100.

Filed Under: Uncategorized Tagged With: Felony Hit and Run, Hit and Run, Non-Vehicle Property Damage

The True Cost of Car Accidents

October 2, 2018 by Brad Johnson

Car accidents are unfortunately, a common occurrence in the United States. The number of cars on the road is growing at a significant rate and as new distractions are introduced daily, it can lead to a dangerous situation. Car accident severity can range from a minor fender bender to a severe multi-car incident with exceedingly high damages.
When you factor in the property damages, medical bills, lost wages, and insurance costs that are often a part of car accidents; they have a significant impact on both the parties involved and the economy.

Rate of Car Accidents

The United States roadways are a crucial part of our transportation system. Approximately 95% of Americans own a car. About 85% of U.S. residents rely on personal transportation to get to and from work. Many households have more than car. With the majority of the country owning a car and using it on a regular basis, we also see a shocking number of car accidents.
Research estimates that there are approximately six million auto accidents every year. Even more shocking is the fact that about 90 people die every day from a car accident. An additional two million people are injured and two million are left with permanent life-changing injuries.

Cause of Car Accidents

Car crashes have been around for as long as cars have. However, the primary cause of car accidents has changed over the years. Drinking and driving still remains one of the most common causes of car accidents on today’s roads. Ignoring local road laws and signs can also contribute to dangerous driving including speeding, running through red lights, and reckless driving.
Distracted driving is a newer car accident cause that has become a real problem, contributing to the overall car accident costs. As technology evolves, distracted driving rates increase. Even with campaigns against distracted driving, approximately one in five car accidents today involve distracted driving of some type. Distracted driving takes the attention away from the driver, resulting in an increased chance of being in a car accident and often resulting in more severe of damages. Additionally, a high percentage of auto accidents fall between ages 16 and 19. Pairing driver inexperience with distracted driving can result in a potentially fatal outcome.

The True Cost of Car Accidents

When calculating the true cost of auto accidents, it is important to include all of the costs associated. A individual that is involved in a minor car accident might only pay a few hundred dollars out of pocket. They will likely submit a claim to their auto insurance to cover the cost to repair. it is likely that the insurance company will pay much more than a few hundred dollars. Additionally, if they suffer any injuries that require medical care, their health insurance will also pay.
A major auto accident will cost much more than that. Major auto accidents include things like extensive medical costs, time off work, diminished earning capacity, vehicle damages, disability, and in some cases; pain and suffering. In total, it is estimated that the annual cost of car accidents is $230.6 billion.

When Legal Representation is Needed

Minor fender benders rarely require lawsuits or legal representation. They consist of each party alerting their insurance company, filing a claim, and then arranging for any necessary repairs. However, the car accidents that result in extensive costs may require the representation of a car accident lawyer.
Most insurance companies have limits on how much they will pay. Because a severe car accident can quickly exceed those limits, it may be necessary to seek compensation from the responsible party through a third-party lawsuit. Discussing your auto accident case with a lawyer will help you determine the best legal steps.
Unfortunately, some car crashes can also include disabling injuries or fatalities. A fatal crash has not only a significant impact on the economy, but on the victim’s family and friends. There may be concerns around the insurance policy and what it covers. Motor vehicle accidents with severe outcomes will often require the representation of personal injury attorneys.
The true cost of car accidents can be difficult to calculate. Auto accidents are costly leaving the involved parties with medical expenses, bodily injuries, and lasting injuries. If you are left with complicated insurance claims or expensive damages, contact Peter Johnson today at (602) 910-4952 .

Filed Under: Uncategorized Tagged With: Cost of Car Accidents, Legal Representation

Personal Injury Litigation in Arizona

September 28, 2018 by Brad Johnson

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.

Filed Under: Uncategorized

How to Prove Negligence in a Car Accident

September 25, 2018 by Brad Johnson

A big question in an auto accident is often how to prove negligence. A car accident involving more than one driver usually means there was negligence. The concept of proving negligence is important to determine who is at fault. If you are the plaintiff in your case, this proof can be the difference in who pays for your medical bills and accident costs. This is true in both personal injury claims and other police reports, even claims from the Insurance company, involving car accidents.

When on the road, the person driving has the duty to comfort to traffic laws and regulations, to comfort to a particular conduct. This is to protect himself and others (property or persons) from unreasonable risks of harm and damage. The person must exercise reasonable care when driving. As to what constitutes to the fault for the accident and reasonable care depends on the surrounding circumstances—the time, persons, place, etc. Of course, when one is inattentive while driving or if one does not follow traffic rules (running on a red light, speeding, driving on a wrong lane,drunk driving), then the duty to exercise reasonable care is not complied with. Hence, the person is deemed negligent and therefore, liable for any injury or damage caused.

Negligence in Car Accidents

Negligence is the failure of a person to exercise reasonable care. This needs to be determined to establish fault. Generally, negligent driving includes the following:

Not Being Vigilant. A person who takes his eyes of the road or who is attentive while driving is deemed negligent. The driver was negligent at the duty to be extremely alert, focused and attentive when behind the wheel. He is required to do that for his own and other people’s safety.

Disobedience to Traffic Rules. Traffic rules must be strictly adhered to. They are imposed for the safety of the persons and property on and along the road. They minimize inconvenience, promote orderliness, and prevent road mishaps and accidents. If a person breaks any traffic rules, then his is presumed to be negligent and, thus, is responsible for any accident that may occur due to the his negligence.

Failure to Use Vehicle Features When Necessary

Vehicles have features and equipment intended for particular use. This is why it is important that one maintains the condition of his vehicle. Misuse or underuse of such features could lead to accident or injury. If such happens, the person will be deemed negligent and at fault.

How to Prove Negligence

If you claim for negligence, you must establish and prove the following elements: (1) duty requiring the other person to conform to certain standard of care; (2) a breach by the person to such standard of care; (3) a causal connection between the person’s conduct and the resulting injury; and (4) actual damages.

To establish that the defendant was negligent and at fault, and to hold the defendant liable for the injury or damage suffered due to the car accident, you must prove the following legal elements:

Duty of Care

Driving laws require all drivers to exercise reasonable care. The drivers owe other drivers the duty to drive safely. This includes obeying all the traffic norms. This exists in all cases because the law requires every driver to exercise such duty.

Breach of the Duty

Since the drivers are required to exercise reasonable care, in order to prove negligence, there must breach of such duty. The plaintiff must prove that the defendant was negligent and did not drive safely, such as when the defendant breached the traffic laws.

Causation

There must be relation between the defendant’s negligence or breach of duty and the accident or injury. Cause and effect must be established. The plaintiff must prove that it is indeed the defendant’s negligence which led to or caused the injury or damage.

Damages

The plaintiff must actually suffer damage or injury due to the defendant’s negligence. He must be able to provide a particular amount to determine how much he can claim from the defendant for the losses and costs he incurred due to the accident. If he cannot provide an amount, the court may reduce the damages which he can claim from the defendant.

The person who suffers injury or damage due to a car accident is entitled to receive compensation and damages from the driver who is at fault or negligent. This is why it is important to prove negligence in a car accident. When you get involved in a car accident, seek help from the Car Accident attorneys to prove negligence and get your claim. At Brad Johnson Injury Law our Injury lawyers can get you the most of your benefits from insurance company and prove your negligent.

Filed Under: Uncategorized Tagged With: Breach of the Duty, Negligence

Hit By an Uninsured Driver

September 24, 2018 by Brad Johnson

When you are hit by an uninsured driver, you may instantly worry about who will pay for the damage to your vehicle and the injuries you’ve sustained. In this situation, you may need to file a claim against the driver. In some situations, this may escalate to a lawsuit. However, your own auto insurance may provide some coverage for you. If you are involved in an accident, and you learn the other person is driving without insurance, contact the police to file a report. Gather insight and information into that driver. Then, contact your insurance company. You may also want to consider working with a personal injury attorney as well.

Who Is Responsible?

The responsible party insurance policy generally pays for the losses you suffer, including property damage and injuries. However, victims of uninsured drivers will find this to be a loss. If a driver is uninsured or underinsured, this indicates the claims you may make are not covered by that party’s coverage.

If you purchased uninsured or underinsured auto insurance, your policy may provide financial protection for you. This is a policy you buy in addition to comprehensive car insurance, collision insurance, and liability insurance. It protects you in these incidents. In this situation, the insurance company may pursue legal action against the driver who lacks coverage. Your insurance claim pays for the damage in this situation. You do not suffer any losses such as losing your no claims benefits or receive penalty points.

Generally speaking, the motor insurers bureau MIB will handle any type of points on the driver’s license. And, they may help track down the uninsured and untraced driver, too.

Most importantly, do not take the uninsured driver promise that they will pay you back. Many drivers in this situation may ask you not to contact their insurer or call the police. Do not make this mistake. Even when the situation is due to road traffic and was just an accident, it is critical to protect yourself from financial loss. Gather their information, call the police, and then contact your insurance company.

What If You Do Not Know the Driver?

One of the most devastating situations occurs when a hit and run driver takes off, leaving you with injuries and damage. You may not have a chance to gather details on who it was. In this case, work with the police to identify the untraceable driver. Again, your uninsured or underinsured auto insurance policy should help you in this situation.

What If Your Insurance Does Not Cover Your Losses?

This is perhaps a difficult situation and one in which you will want to contact a personal injury attorney who will work to represent you and help you obtain the legal support you need. Whether you need to file a claim with your insurance company, another insurer, or you need to take legal action against the uninsured driver, these professionals will provide you with support throughout the process. An accident with an uninsured driver can leave you with thousands of dollars worth of damage to your car and medical bills. It is critical for you to take legal action to recoup these losses in many situations.

It’s More Than Just a Claim

When you suffer an injury due to an accident, you may face a significant amount of damage and long-term pain. You may even find yourself unable to get back to day-to-day life. When this happens because of the actions or inactions of another person, you have the legal right to take action. Many men and women suffer for years after being in this situation. You deserve compensation for your losses. We encourage you to contact an experienced law firm, such as Brad Johnson Injury Law, to learn what steps you can take to recoup your losses.

Filed Under: Uncategorized Tagged With: Auto Insurance, Vehicle Accidents

Why T-Bone Crashes are Really Bad

August 28, 2018 by Brad Johnson

A t-bone collision involves one car hitting the sides of another car. This is one of the most common types of car crashes and, unfortunately, a type of accident that can cause severe and long lasting effects.

This type of car accident can cause more severe injuries than head on collisions. Even though the car being hit may have side airbags, there is significantly less stuff between the driver and passengers and the other car.

In a head-on or rear-end collision, for example, cars are designed with several feet of crumple zones in the hood and the trunk of a car in order to protect the occupants of the car.

With a side impact collision, on the other hand, there usually are only mere inches of metal protecting you from harm. Even your seat belt will do little to protect you, based on the direction of the impact.

How do I prevent t-bone crashes?

Statistically, most t-bone car crashes occur at intersections. As a motorist, you should stop, not just slow down, at every stop sign and red light and slow down, rather than speed up, at yellow lights. Drivers who fail to yield at intersections are one of the leading causes of broadside collisions.

In general, you should follow all traffic laws – stick to the speed limit, and don’t act aggressively on the road. Bring your frustrations about other drivers somewhere else, like the boxing gym. Remember – you, and everyone around you, is piloting a several ton vehicle capable of incredible physical damage to others.
On the flip side, you should also expect other drivers to break traffic laws. When the light turns green, wait a moment in case someone coming the other way runs the light. When approaching intersections, keep your eyes open for other drivers who may not yield the right of way or forget to use their turn signals.
If it’s dark, rainy, or hazy, you should slow down to compensate for decreased visibility. Never text while driving and keep phone calls to a minimum. Don’t get behind the wheel if you’ve been drinking or using drugs.

How do you determine who is at fault is a t-bone collision?

Typically, the question of “who is at fault’ in this type of car accident is resolved by looking at who has the right of way. If you have the green light and the other guy runs a red light, you will typically win, and he will typically lose. This isn’t always the case, so discuss your chances of success with your personal injury attorney.

An experienced car crash attorney will put on their investigative cap to look for security cameras, dash cams, and witnesses that can show who had the right of way at the time of your crash. However, often this evidence is lacking and a case can turn down to a “he said, she said” argument.

Another thing to consider is that Arizona is a “comparative negligence” jurisdiction. This means that a jury will determine what percentage of the accident was caused by each party’s negligence. If 20% of the accident was your fault, for example, you can only receive 80% of the damages.

What kind of damages can occur from t-bone accidents?

Typically, the drivers and passengers of the car being hit face the gravest injuries because of the high speeds involved in this type of accident. Victims are left with broken bones on the collision side, head injuries, whiplash, neck, back, and head injuries. Windows often break, causing bleeding from severe cuts and lacerations.
In addition to the physical injuries, survivors of side impact crashes can also face high medical bills, lost wages due to extended recovery period, and significant pain and suffering while they heal.

You may have another financial hit – it’s highly possible your car might be totaled and that you will have to invest in a new vehicle. Even if the accident isn’t your fault, if the other driver isn’t insured, you could be stuck with some of these bills. Talk to your insurance broker to make sure you have enough coverage if you end up facing an uninsured motorist.

What should I do if I’m in a t-bone crash?

If you or a loved one is in a t-bone car crash, make sure you get the medical attention you need. Keep track of every medical bill you receive, the car accident police report, and all the paperwork from the insurance companies involved.

Also consider writing down your version of what happened, as soon as possible. Make sure you include every detail – time of day, weather, location. Don’t assume you’ll remember the important details months afterwards that could make or break your case.

You should also contact an experienced law firm, such as Brad Johnson Injury Law to learn about your options for recovery of monetary losses from a t-bone accident.

Filed Under: Uncategorized Tagged With: T-Bone Collision, T-Bone Crashes

How to Get a Car Accident Police Report in Arizona

August 27, 2018 by Brad Johnson

There are many reasons why you might need a copy of the police report from an auto accident. For example, you will need to provide the car accident report it to your personal injury attorney if you want to make a car accident claim. Your car insurance company will also want a copy of the report.

First, you will need to determine which law enforcement agency investigated the accident. Each agency will have a slightly different process for obtaining the report. The Arizona Department of Public Records maintains copies of accidents and collisions that occurred on Interstate and State highways and were investigated by DPS troopers.

If your accident was not investigated by DPS, you will need to contact the law enforcement agency of the county or local jurisdiction where the accident occurred in order to obtain the appropriate records. This blog post will look at the procedures for obtaining car accident reports from DPS, as well as Phoenix and Tucson Law Enforcement.

Arizona Department of Public Records

At the moment, it is not possible to request a copy of the report online from DPS. Individuals requesting their report are required to fill out this form with their contact information.

Before filling out the form, it is recommended that you call the Department Records Section at (602) 223-2230. This way, you can ask someone at the police department about what documents are available so you can place your order.

You can choose a variety of methods to receive the report. DPS will charge the following fees, depending on how you want the information:

  • Paper report via U.S. Mail – $9.00 for the first nine pages; $0.10 for each additional page (Request must be accompanied by a stamped, self-addressed envelope)
  • Report via email – $9.00 (up to 5 MB)
  • Paper report via fax – $9.00 (20 page limit)
  • Report on a compact disc (CD) – $10.00 (up to 700 MB)
  • Printed Photo (each 8×10) – $4.00
  • Photo Contact Sheets – $10.00
  • Photographs on Single DVD – $15.00

The mailing address is:
Arizona Department of Public Safety
Department Records Section
P.O. Box 6638, Mail Drop 3111 Phoenix, Arizona 85005-6638

Alternatively, you can bring it to the Department Records Section, which is located at:
2222 West Encanto Boulevard
Phoenix, Arizona 85009

If you make the request in person, you can pay with a credit or debit card or cash. If you mail in the form, you can use a business or cashier’s check or a money order. Personal checks are never accepted.

Reports from DPS will be completed within 14 days of the incident.

Phoenix Accident Report

The city of Phoenix has a more up-to-date system of obtaining reports. You can get the report online at this link if you have the incident number and the last name of someone involved in the accident.

Alternatively, you can obtain copies of an accident report by filling out this form and providing as much detail as possible. You must also include a reason for the request.
The following fees will apply:

  • Audio Tapes – $ 2.75
  • Fingerprints – $ 6.00
  • Letters of Clearance with arrest record – $28.00
  • Letters of Clearance without arrest record – $ 8.50
  • Photo Image CD – $ 4.00
  • Police Reports – $ 0.24 per page (Laserprint and Photocopy)
  • Video Tapes – $29.00
  • 4X6 Photographs – $ 0.50 per photograph
  • 911 CD – $16.50

When requesting records, you are required to include a phone number or email address, so you can be informed of the total cost of your request.
You can email the form to public.records.ppd@phoenix.gov, fax it to (602) 534-4599, or mail it to:

CITY OF PHOENIX POLICE DEPARTMENT
CODE ENFORCEMENT UNIT
1717 E. GRANT ST., SUITE 100
PHOENIX, ARIZONA 85034-3401

If you have any questions about the form, you can call the Phoenix Public Records Unit at 602-534-1127.

Note: It is illegal to obtain records if you do not have a relationship with someone involved in the accident.

Filed Under: Uncategorized Tagged With: Collision Report, Collision Report Form

Common Car Accident Injury Symptoms

August 23, 2018 by Brad Johnson

When you are in a car accident, you may not realize the extent of your injuries immediately after the crash. Your body does an amazing job of protecting you in the moments and hours following this very intense shock to the system, by flooding your system with adrenaline and endorphins to block pain.

As the adrenaline begins to wear off, you may start to experience pain resulting from the accident. While some injuries, such as cuts and lacerations, may be immediately apparent, most car crash symptoms may not be apparent for days or weeks after you are involved in an accident.

Here are several delayed symptoms of injury you should be aware of after your car accident:

Headache

After a car crash, you may get headaches. Do not ignore them! A headache can be a sign of something much more sinister, such as a concussion, blood clot, or other traumatic brain injuries. It can also be a symptom of neck or back pain.

Other signs of concussion can include:

  • Cloudiness
  • Nausea
  • Dizziness
  • Lack of energy, and
  • Sleeping significantly more, or less, than usual.

If you experience these symptoms, seek immediate medical help. You should also enlist your family to help monitor any personality changes or unusual irritability, as these could be signs of other brain injuries.

Soft tissue injuries

“Soft tissue” refers to damage to parts of you that aren’t bone – your muscles, ligaments, and tendons.

  • Whiplash injuries are the stereotypical car crash injury. It is caused by your head going forward very fast, then pulled back by your seatbelt. Symptoms include headaches and shoulder, back, and neck pain. You may also have bruising along the seatbelt line or numbness in your arms or hands.
  • Many people involved in car crashes experience some sort of back pain that is caused by damage to nerves, muscles, or even the spinal column. Back pain may begin as a “twinge” and progress to significantly more pain. Keep track of the progression and speak with medical professionals in order to receive appropriate treatment.

Tenderness, soreness, or swelling in your abdominal (belly) area can be a sign of internal bleeding. If it’s not caught in time, this could be a potential life-threatening injury.

Other signs of internal bleeding can include:

  • Large areas of deep blue and purple bruising
  • Fainting, and
  • Dizziness

You should seek immediate medical care if you notice any symptoms of internal bleeding after a car accident.

Emotional distress

Not all injuries are physical. Being in a car crash can be an extremely emotional scarring experience. Many people involved in car crashes experience forms of post-traumatic stress disorder (PTSD).

Symptoms of PTSD include:

  • Feelings of anxiety or increased heart rate if someone slams on the brakes or honks a horn while you are in the car
  • Being on edge or jumpy while you’re in the car
  • Avoiding the stretch of road where the accident occurred, or even avoiding getting behind the wheel again

Emotional distress or personality change can also be a symptom of a traumatic brain injury. You should not sweep this symptom under the rug when discussing your recovery with your doctor.

Symptoms pregnant women should watch for after a car accident

If you are pregnant, you should speak with your doctor after any car crash, even if was only a minor fender bender.

The force of a seatbelt on your stomach can potentially separate the placenta from the uterus, which can lead to:

  • Miscarriage or preterm labor,
  • Birth defects,
  • Internal bleeding, and
  • The potential for a high-risk birth down the road, which can be threatening to both mother and child.

Despite the serious risks involved, you may not notice any symptoms, which is why it is imperative you get checked out as soon as possible.

Discuss risks to your health, and your baby’s health, with your doctor. Ask about symptoms you should watch out for in the coming days and weeks, including:

  • Vaginal bleeding, spotting, or discharge
  • Swelling in your extremities
  • Headaches
  • Back, shoulder, or abdominal pain
  • Contractions
  • Vomiting unrelated to morning sickness
  • Changes to the type or frequency of your baby’s movements

If you are pregnant, you should always wear the standard three-point seatbelt that covers your chest and stomach, even if it is uncomfortable. The leading cause of fetal death in a car crash is the death of the mother.

Getting treatment for your car crash injuries

Seek first aid or more extensive medical attention immediately after your car crash. If you go to an emergency room or urgent care center, have a copy of your medical report sent to your primary care doctor.

Make an appointment with your primary care doctor to discuss any symptoms that have occurred or symptoms you should watch for in the long term. Talk to your doctor about whether you should consider physical therapy, see a chiropractor, or speak with a therapist.

In addition to caring for your physical health, visiting a doctor after your car crash can help preserve any legal claims you may have against the other driver. Your doctor will make, and maintain, a record of injuries you may have suffered that stemmed directly or indirectly from the accident. The longer you wait, the more difficult it will be to show for a fact that your injuries came as a result of the car crash.

Keep track of all paperwork associated with your treatment – notes from doctor’s visits and physical therapy, prescriptions, and especially your medical bills. Contact an experienced personal injury attorney to discuss your options for recovering, financially and legally, from a motor vehicle accident.

Filed Under: Uncategorized Tagged With: Injury Symptoms, Soft tissue injuries

Penalties for a Hit and Run in Arizona

August 20, 2018 by Brad Johnson

If you are in a car accident in Arizona, no matter how serious, you are required to:

  • Immediately stop at the scene of the accident, as close to the scene as possible, or immediately return to the scene;
  • Exchange driver’s license, contact information, and vehicle registration number and identification information with the other party; and
  • Provide reasonable assistance to anyone who is injured. This could include calling an ambulance if medical treatment is necessary.

If you don’t stop, exchange information, and assist other people, you could be charged with a hit and run. The legal penalty for a hit and run in Arizona can range from class 3 misdemeanor to a class 2 felony. Here are some common hit and run scenarios our firm has seen over the years, ranging from least to most severe:

  1. I ran into my neighbor’s mailbox or fence
    ARS 28-665 governs accidents where there is only damage to fixtures or other property legally on or adjacent to a highway.
    Drivers are required to take reasonable steps to find the owner of the property. They must notify the property owner of the accident, and provide their contact information. Failure to do so could result in a class 3 misdemeanor.
  2. I backed into an empty car parked on the street
    ARS 28-664 governs collisions with unattended vehicles.
    A driver must stop and either locate the owner of that vehicle and provide their contact information. Alternatively, they must leave a note with their information in a conspicuous place. A driver must also leave the car owner’s information, if the driver is driving someone else’s car. Failure to either contact the owner or leave a note can also result in a class 3 misdemeanor.
  3. I hit a car with other people in it but no one was hurt
    ARS 28-662 governs car accidents where both vehicles were occupied, but nobody was injured. This is your classic fender bender accident.
    Both drivers involved should pull over to avoid obstructing traffic, stop their cars, and exchange information. If you don’t do this, you could be charged with a class 2 misdemeanor.
  4. I left a serious accident without providing my contact information or helping the other guy
    Under ARS 28-663, a driver who leaves the scene of an accident where someone was injured or died without proving their contact information can be charged with a class 3 misdemeanor. If you don’t provide reasonable assistance to an injured person, you can face the increased penalty of a class 6 felony.
    For example, someone may get into an accident, call 911 for medical help for the other driver, and then leave without providing contact information. This could be a class 3 misdemeanor. Alternatively, someone could get into an accident, injure someone, leave a note with their contact details, and leave without making the call. This could be a class 6 felony.
  5. I was in an accident where someone got really hurt or died
    According to ARS 28-661, and ARS 28-663, if you are involved in an accident that results in physical injury, you must:
  • Stop and remain at the scene
  • Provide reasonable assistance to people with physical injury. This includes calling law enforcement and an ambulance if requested or if someone needs medical help.

Leaving the scene of this type of hit and run will result in a felony charge. If the accident results in serious injury or death and you cause the accident and leave the scene, you face a class 2 felony. If you only leave the scene, you will receive a class 3 felony.
If the accident results in an injury that isn’t serious and you leave the scene, you face a class 5 felony.

Frequently Asked Questions

What is a ‘serious physical injury’ or a ‘physical injury’?

ARS 13-105 defines a ‘physical injury’ as “the impairment of physical condition.” This could be a bruise, stubbed toe, or scratch.
A ‘serious physical injury’ is a physical injury:

  • That creates a reasonable risk of death, or
  • That causes
    • serious and permanent disfigurement,
    • serious impairment of health or loss or
    • protracted impairment of the function of any bodily organ or limb

What are the different penalties between the classes of misdemeanors and felonies? Will I face any jail time?

The penalty for a hit and run in Arizona can range from a class 3 misdemeanor to a class 2 felony. Any of these charges can result in jail time.

Potential misdemeanor penalties

A class 3 misdemeanor can incur:

  • a fine of up to $500,
  • up to 30 days imprisonment, and/or
  • up to 1 year probation.

A class 2 misdemeanor can incur:

  • a fine of up to $750,
  • up to 4 months imprisonment, and/or
  • up to 2 years probation.

A class 1 misdemeanor can incur:

  • a fine of up to $2,500,
  • up to 6 months imprisonment, and/or
  • up to 3 years probation.

You can face higher penalties for subsequent charges if you are convicted of the same misdemeanor more than once in 2 years.

Potential felony penalties

ARS 13-702 provides a range of possible jail time for first time offenders for each class of felony conviction.
First time offenders generally receive the presumptive sentence, unless there are mitigating or aggravating factors, such as:

  • the age of the victim or defendant,
  • whether the defendant was under duress, and
  • whether the defendant remained at the scene of the accident and rendered aid to the victim,

A class 6 felony is the least serious felony conviction in Arizona. It can range from 4 months to 2 years imprisonment. A prosecutor can also reduce a class 6 felony charge to a class 1 misdemeanor charge.
A class 5 felony can range from 6 months to 2.5 years imprisonment.
A class 3 felony can range from 2 years to 8 years and 9 months imprisonment.
A class 2 felony can range from 3 years to 12.5 years imprisonment.
If you are charged with two or more felonies related to the same incident, your jail sentences will run consecutively. Additionally, anyone convicted for the first time of a felony can be fined up to $150,000. If you have a felony record, your jail sentence can increase significantly.

Will I lose my license?

You could lose your driver’s license for a year or more, even with a misdemeanor charge.
ARS 28-661 provides that a driver’s license will be revoked for five years if an accident results in serious injury. If the accident results in death, the license will b revoked for 10 years. These revocation periods do not include time spent incarcerated.
In addition, you may lose professional licenses or civil rights such as the right to vote or bear arms. Being charged with a felony can also affect your ability to obtain car insurance or get or keep a job.

My 16-year-old was involved in a hit and run accident, leaving the scene of the incident. What should I do?

Teenagers are often given protections in criminal sentencing for incidents occurring before they turn 18. However, even minors can be tried as an adult depending on the severity of the accident or injuries to the victim.
Before your kids start to drive, educate them and yourself about what to do if they are in an accident. Help them to understand that mistakes they make, even at a young age, can follow them around for a long time.
If your teenager is involved in a hit and run accident, contact an experienced criminal defense attorney to discuss options for protecting your child’s future.

What happens if the driver was drunk or under the influence of drugs?

If alcohol or drug use contributed to the accident, you can be charged with a DUI and face additional penalties. You will also need to complete drug or alcohol screening and treatment.
If you know someone with a substance abuse addiction, contact the Substance Abuse and Mental Health Services Administration. Their National Helpline is open 24/7, 365 days a year at 1-800-662-HELP.
Remember: if you have been drinking or using drugs, don’t get behind the wheel. According to the Arizona Department of Public Safety, every 33 minutes, someone dies in an alcohol-related crash.

What are some common defenses to being charged with a hit and run?

An experienced criminal defense attorney can raise a number of legal defenses in a hit and run case.
A common defense is mistake of fact. For example, it’s common for people to hit a sign, fence, or even a pedestrian and not realize it. People also hit other cars and don’t realize the damage.
Another common defense is concern for your own safety. If an accident happens at night or in a bad part of town, reasonable drivers may leave the scene. It’s not unheard of for less-than-honest individuals to set up an accident. This can separate a driver from their vehicle and lead to a robbery or worse.
A good criminal defense attorney will also consider the state’s case before and during trial. Did the prosecutor prove each part of their case beyond a reasonable doubt? Did the state preserve and present evidence according to the relevant court rules? Did the police uphold your constitutional rights? The burden in a criminal trial is on the prosecutor, not you. If the state does not meet their burden, you can be off the hook.
Depending on the severity of the hit and run accident, you may decide that trial isn’t for you. Talk to your attorney about their thoughts on the possibility of settling with the prosecuting attorney for a lesser charge. This could result in reduced or no jail time.
If you were involved in a hit and run vehicle accident, fill out our Contact Us page to schedule your free consultation. Please note that this article does not contain legal advice and does not create an attorney-client relationship. Our law office is ready to help your questions about your specific needs.

Filed Under: Uncategorized Tagged With: Hit and Run, hit and run penalties

Do I Need a Personal Injury Lawyer for My Car Accident?

August 3, 2018 by Brad Johnson

Car accidents happen every day. Chances are you’ll experience at least one in your lifetime. But when it happens, will you know what to do? Will you need a car accident lawyer?
If you’ve been involved in an accident, or have been injured in some way, you can often be struck with a feeling of isolation. You don’t know who to turn to for help, and this can leave you feeling very helpless.
To make matters worse, your car may be totaled, you may not be able to work and you probably have medical bills piling up. No vehicle, absence from work and no money coming in can quickly make even the sanest person feel like going crazy.

Checklist: Do You Need a Car Accident Lawyer

Hiring a car accident lawyer is essential in cases where you are confident the other driver was in the wrong and there is ample evidence to prove your stance. Attorneys can help you present your case and contest fault. But before running out and hiring just any car accident lawyer in Phoenix, ask yourself the following questions.

Do Out-of-Pocket Costs Put You at Financial Risk?

Legal processes have a price. You must assess the field and determine whether you are financially able to handle a car accident case. Keep in mind certain expenses may be costly when you contest the fault yourself. If these figures are too much to swallow, it might be a good idea to hire an accident lawyer. Attorneys who specialize in car accident cases may be able to help you get more of the money you deserve.

Were You Seriously Injured?

If you’ve sustained an injury from a car accident, it may be in your best favor to opt out of fighting the case on your own and hiring a professional. Car accident lawyers are able to professionally present cases where long-standing or permanent injury has occurred. Keep in mind that the more that’s at stake in a case, however, the greater the likelihood the other driver may also enlist the help of lawyers.

Are You Prepared to Go to Court?

Besides the financial commitment, going to court requires your time, availability and input. There is little value in hiring a lawyer if you are not fully prepared to see a case through.
Remember, car accidents are a common daily occurrence. If you or your loved ones have a case that needs help, the Phoenix car accident lawyers at Brad Johnson Injury Law are ready for your call.

When You Should Hire an Attorney

Benefits: Arizona Accident Lawyers Fight When You Can’t

If you find yourself in the above situations, you should call a personal injury lawyer. Your lawyer will be there for you when nobody else will, and he will fight to get you every dime you deserve to help pay for medical bills, vehicle repairs and any other expenses you may have incurred because of your injuries.

Retrieve Financial Compensation for Your Injury

There is hardly anything more devastating than a serious motor vehicle accident. Flesh and bone doesn’t take kindly to rapidly moving, heavy pieces of metal. This can result in serious injury and even death. You can be laid up in a hospital for weeks or even months, resulting in not only damage to your body and mind but to your financial well being as well. This is why it is important to have the best personal injury lawyer you can find if you find yourself the victim of one of these horrible crashes.

Whether it is a tractor trailer accident, truck accident, or car accident, the damage that is done can be devastating. While you are lying helpless in the hospital all you can hear are the unfamiliar voices of the doctors and nurses buzzing around trying to make you comfortable and start you on your way to recovery. All you can think about is getting out of there and getting on with your life.

You are not only worried about your physical well being, but thoughts about getting back to work and the thought of possibly not being able to work again come crashing into your mind. While a good auto accident lawyer  may not be able to guarantee your health, they will at least be able to work on getting you the compensation you deserve for being thrust into this unfortunate situation.

Ensure the Settlement Amount is What You Deserve

Many times the settlement you will receive due to a car accident will be provided by an insurance company. What you need to remember is that the insurance company is not on your side. They have their own agenda, and that is getting away with paying out as little as possible, no matter how devastated your life might be. It’s the job of insurance companies to save as much money as possible, and they do that by attempting to settle with you directly and quickly before you have a chance to find representation. Insurance companies might try to settle with you by offering you a cash payment far less than what you actually deserve based on your injuries.  Don’t talk to them.

This is why a good personal injury lawyer who has experience with motor vehicle accident cases can be your greatest asset. They will protect your rights and will be on YOUR side, and they will be able to fight for what you deserve and get you compensation for a number of things that you might need to secure your future. It make sense to have an expert communicate with insurance companies on your behalf and “have your back” so you receive every dollar you deserve.

Don’t let them intimidate you with dollar signs and convince you that a quick fix can be had if you only sign a settlement agreement.  A good attorney will review your case and work directly with the insurance companies on your behalf, saving you the time of learning the lingo and understanding every minute detail of the law and how it applies to your situation, and help you collect damages for pain and suffering.

They will also be able to work on getting you compensation for both past and possible future medical care, such as any past and future loss of income, as well as any other applicable expenses that have been incurred as a result of the motor vehicle accident.

While they may not be able to give you back any physical attributes that may have been lost, a knowledgeable and experienced auto accident attorney will at least be able to help you get the compensation you deserve to make your future as comfortable as possible. For anyone that finds themselves in this unfortunate dilemma, contacting a personal injury lawyer is imperative to getting the most compensation for the serious injury you have suffered.

You might be thinking, “I’m not an ambulance chaser, and I don’t want to appear like I’m taking advantage of anyone.”  Because we deal with insurance companies every day, we get it.  We know what’s fair and reasonable, and what isn’t.  We will fight for you and for what you deserve.

Ensure that You won’t Miss Any Opportunity

It’s a good idea to have a personal injury lawyer’s contact information handy in case you ever need it. Of course nobody thinks about that until they’ve actually been injured.

If you wait, you may lose the opportunity to find evidence that will help you win your case. When you contact the lawyer, tell him or her you’ve just been injured and you need some help. The lawyer will walk you through every step.

Don’t waste time.  Protect yourself.

Personal Injury Lawyers at Brad Johnson Injury Law

The personal injury lawyers at Brad Johnson Injury Law know of medical personnel they can suggest to you so that you can get a full examination. If you have broken bones, these are going to have to be x-rayed.
You need a full checkup from a doctor because you may not know the extent of your injuries for some time after the accident. This is because of the adrenaline pumping through your body that masks any pain you should be feeling. These doctors will assess your injuries and will then submit a report that will be used as documentation for your personal injury case. Sometimes the doctor will even be called to the stand, if the case goes to trial.
A lawyer can suggest a doctor to you to ensure proper care for your injuries.  The lawyer will then compile your medical information in order to build a rock solid case. If the case is solid enough, the case may never see a courtroom. That’s because insurance companies often like to settle; especially if they feel as though they don’t stand a chance of winning against you and your lawyer.
Hiring a personal injury lawyer at Brad Johnson Injury Law isn’t something you do to become rich; the goal is to obtain proper compensation for your injuries.  The money you get can be used to pay off all that debt that’s been piling up since your accident.
Don’t suffer through your injuries alone. Instead, call Brad Johnson Injury Law, which will fight for you every step of the way so that you can win your case and get every dime you’re entitled to.
Our attorneys understand how you’re feeling and the stress associated with it.  We’re here for you 24 hours a day.  Give us a ring, and let’s chat.

Filed Under: Uncategorized Tagged With: Car Accident, Financial Compensation

Important Things to Know About Car Accident Injury Settlement Process

July 13, 2018 by Brad Johnson

You deserve compensation if you are involved in a car accident at someone else’s fault. Sometimes, getting that money can be difficult. You might have to take the defendant and their insurance company to court. Insurance companies prefer not to solve the issue in court, since results are unpredictable and the process is expensive. Instead, it is more common for their insurance provider to compensate you with an injury settlement.

The goal of an insurance settlement is to compensate the claimant for any financial loss and inconvenience they endured or will continue to endure. In this post, we will discuss factors that determine a settlement’s value, variables to consider when determining what you deserve in a settlement, and an important tip. First, here are some of the primary factors that will determine the value of the settlement.

Factors That Determine the Value of the Settlement

  1. Type and Duration of Injuries. If you walk away from the car accident with bruises and cuts that will go away by themselves, then your settlement won’t be worth much. If you have broken bones or injuries that will hurt and affect you for a while, your settlement should be worth much more.
  2. Financial Costs: This category includes things like medical bills, missed time from work, and the cost of fixing or replacing your vehicle. Without documentation, none of these factors will play into the final value of your settlement.
  3. Clarity of who is at fault. The more evidence that the defendant really was responsible, the larger the settlement should be. If a traffic camera caught someone running a red light and hitting your vehicle, the settlement would have a higher value. On the other hand, if there was no concrete evidence, or it was not entirely their fault, the settlement will be worth less.

Here are some factors you should consider when determining the amount you deserve in your car accident settlement.

1. Economic Damages. This type of damage can be easily quantified. If you are in a car accident, there will be some financial impact. It is important that you have financial documentation of every financial hit you take because of the accident. When you have documented evidence, you should receive more money. Here are three primary areas to consider when calculating your economic damage.

  • Property Damage Costs. If there is damage to the vehicle, either use the bill from fixing it or have a claims adjuster determine how much that would cost. No matter what the final settlement amount, this amount should always be covered. Sometimes, the vehicle is worth less than it would cost to fix it. When that is the case, you will receive a sum of money that goes toward helping you obtain a new car. Since the amount is based on depreciation value, it will probably not actually cover the cost of a new vehicle.
  • Medical expenses. If you endured an injury in the accident, any medical bills should be included in the settlement offer. Like the property damage, if there are medical expenses, they should be fully covered. Before you file a claim, It is important that you consider both past and future medical expenses. Once you claim your settlement, you can’t come back and demand more compensation.
  • Loss of Potential Income. If you had to miss any work because of the accident, you should be compensated for the money you would have earned. You must have documentation of the time missed for this to apply.

2. Non-Economic Damages. In addition to the economic damages, there are non-economic damages. These damages have no price tag, so it is difficult to quantify their exact worth. Pain and suffering is the main one. This is difficult because pain is relative and impossible to measure. However, the more pain you experience, the more compensation you should receive. Medical records are a good way to document the suffering that you have experienced.

As you calculate what to expect for your insurance claim from the auto accident, there is another important factor to consider: what is the other person worth? Let’s say that you believe your settlement offer should be upwards of $20,000. There are times when the defendant and their insurance company legitimately won’t have the resources to provide that to you.

The defendant’s insurance policy probably has a cap on it. Your claim may exceed that number. If that is the case, you can adjust you should adjust the settlement to match the policy amount. If you still deserve more, you can hire an attorney to file a lawsuit and sue the individual. If the defendant does not have insurance at all, then having an attorney sue them is also your best option.

If you have been in an accident and have questions about your settlement, contact our office today to schedule a free legal consultation. Our team wants to ensure that you are adequately compensated.

Filed Under: Uncategorized Tagged With: Accident Injury Settlement Process, Car Accident Settlement

Brain Injuries from Car Accidents

July 11, 2018 by Brad Johnson

Brain injuries are possibly one of the scariest and most common types of car accident injuries that a person can receive from a car accident. The lasting effects of brain damage can affect all aspects of your life, and in some cases will change your life forever. It is essential that you do everything in your power to receive the financial compensation required to maintain your quality of life after a brain injury has been sustained.

There are many ways brain injuries can occur, from the head hitting a piece of the car like the windshield or steering wheel caused by a head-on collision, to a foreign object entering the car and causing damage. Whatever the case may be, there are steps you can take to ensure that you are cared for and able to recover to the best of your ability.

Determining Liability

As with every accident, there will be a party responsible for the accident, and when there are serious injuries, it is extremely important that liability is determined properly. Medical expenses for brain trauma can be steep, and some cases people cannot return to their normal lives after the accident. There are some steps you should take to ensure the most financial compensation for your injuries.

First, if you even remotely think you have a brain injury following an accident, be sure to stay as calm and still as possible until you are able to receive medical care. It is critical to remember that your well-being is the most important thing to consider in these cases. Most times, there will be a police report that will serve as the basis for establishing liability in an accident, and this can be attained after the accident has occurred. For people with brain injuries, it may be best to have a loved one contact the insurance company and deal with the legality of the incident while the injured party heals. Insurance companies will typically not offer enough to even cover medical expenses, which is why it is so essential that you have an attorney assist you in these cases.

The Vehicle

In some cases, the vehicle itself may have played a role in the passenger sustaining brain injuries in an accident. Cars with factory defects or poor design may be the reason that you sustained injuries, and therefore the manufacturer is liable for some of the damages, if not all. This concept is called crashworthiness, and essentially is the ability of a car to protect the occupants from damages. Automobile manufacturers are required to take certain precautions for different types of accidents, and even if the crash was out of the ordinary there is a chance they did not ensure proper measures were taken. If you think the car may have played a role in you sustaining brain damages, be sure to contact an injury attorney to investigate this part of the case.

Types of Brain Injuries

There are 5 common types of brain injuries that can be sustained from car accidents:

  • Concussions: Easily the most common of the injuries, concussions may not seem like a big deal, but they can have long-lasting consequences. Concussions are caused by impact or violent shaking that will strain the nerves and blood vessels of the brain.
  • Contusions: Contusions are bruises, and in these cases occur on the brain from impact. Large ones may need to be removed via surgery.
  • Diffuse Axonal: Violent shaking that causes the brain structure to tear.
  • Coup-Countercoup: These are caused by a severe impact that causes the brain to actually shift from one side of the skull to the other and results in large contusions on the sides.
  • Penetration: Occasionally, items will become dislodged in an accident and will penetrate the skull. Most of the time, this will be fatal. However, there are some cases where individuals have lived, but are often never the same as before the accident.

If you or someone you love has sustained brain injuries from an accident, contacting an experienced injury attorney will make all the difference in getting the money you need. These types of accidents are often the worst, and not uncommon. In recent years, attention has been cast on the severity of concussions, which is one of the most minor types of brain injuries that can occur from accidents. So, no matter what the level, these are all serious injuries that require proper care and caution. Do not hesitate to contact Brad Johnson Injury Law for your legal needs.

Filed Under: Uncategorized Tagged With: Brain Injuries, Types of Brain Injuries

Cell Phone Usage Prohibited for Teen Drivers in AZ

July 6, 2018 by Brad Johnson

Arizona just joined the other 48 states with laws limiting or preventing cell phone use while driving. Today, only the state of Montana has no law prohibiting texting or calls while driving.

Arizona’s new law is not as restrictive as many other state laws, but it does have important implications for Arizona drivers and visitors. The law applies specifically to teen drivers. It also will have implications on legal cases involving accidents caused by teens who were using their phones during an accident.

Let’s take a look at the basics of Arizona’s new teen driver cell phone law and discuss how it might apply to you or your teenager.

The Basics of Arizona’s New Cell Phone Law

The law applies specifically to new drivers between the ages of 15-½ and 18 years of age. It prohibits the use of a cell phone while driving except for a “specific emergency situation” or to listen to “audible turn-by-turn navigation” (a maps app).

Similar to previously enacted laws for teen drivers, the new law makes teen drivers subject to “secondary enforcement.” This means that a teen can’t be pulled over or cited simply for being seen using a cell phone while driving. Instead, the new law requires that a teen first be pulled over for another violation before an officer can cite them for use of their cell phone.

Additionally, if a teen receives no citations for cell phone use, nighttime driving, or additional passengers for six months, the new law no longer affects them.

By every measure, this is a relatively unrestrictive new law. However, it does carry some penalties for violation.

  • A first violation is subject to a maximum fine of $75 plus a 30-day extension of the six-month period.
  • A second violation is subject to a maximum fine of $100 plus a 60-day extension of the six-month period.
  • Three or more violations are subject to a fine of up to $100 plus a 30-day license suspension.

Why Does the Law Only Apply to Teens?

Arizona lawmakers have made several attempts to introduce more stringent laws for using cell phones while driving. So far, all of these have been unsuccessful. However, the case for a law specifically addressing teens received much more widespread support.

Considering the statistics for vehicle accidents involving teens, it’s not a surprise the new law was finally enacted.

In a study on car accidents conducted by AAA, drivers aged 16 to 19 have the highest crash rate of any drivers in the United States.

  • 59 percent of crashes with a teen driver involved some kind of distracting behavior in the six seconds leading up to the accident
  • 12 percent of crashes involved teens using cell phones while driving

What if a Distracted Teen Driver Hits Your Vehicle?

If a teenager causes an accident with you, especially if it’s a head-on collision, it is important to know if he was using a cell phone illegally before or during the crash. Was the use of the cell phone a factor in causing the accident? Could the accident have been prevented if the teen had not been using a cell phone in the seconds leading up to the accident?

All of these details can have an important impact on your attempts to receive just compensation from the teenager for your injuries. This is true whether or not your case goes to court.

If you are the victim of a vehicle crash caused by a teen using a cell phone, you need a lawyer to help ensure you are fully represented. The sooner you hire a lawyer, the better. Once you hire us to represent you, we will work with you and behind the scenes on your behalf. Whether or not your case ultimately goes to court, we will treat every detail as if it will. By doing this, we can ensure you get the maximum compensation available under Arizona law.

For example, we will work to ensure you receive the proper medical attention and interim relief, such as securing a rental car and negotiating on your behalf with insurance companies.

We also will go over every detail in the accident report to find any missing or inaccurate information. In the case of an accident involving an at-fault teen driver, we are going to look specifically at whether the teen was cited for use of a cell phone or not. If not, we may conduct additional research to determine whether a cell phone was, in fact, a contributing factor in the accident.

Important to Know

Our legal team at Brad Johnson Injury Law works on a contingency fee basis, which means we don’t get paid unless we are successful in recovering funds for you either in a settlement or in a court verdict. Knowing all of the facts in your case and correcting the police record where there may be errors is an important part of what we do to represent you.

If you’ve been the victim of a vehicle crash with a teenager using a cell phone, we are ready to represent you. Please contact us immediately for a free legal consultation. The sooner we get to work on your case, the better we can represent your rights.

Filed Under: Auto Accidents Tagged With: Cell Phone Law, Teen Drivers

Who’s Liable in a Pile Up

June 30, 2018 by Brad Johnson

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.

Filed Under: Uncategorized

Head-on Collisions

June 14, 2018 by Brad Johnson

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.

Filed Under: Uncategorized

Long-term Effects of Whiplash

June 7, 2018 by Brad Johnson

If you’ve been in an automobile crash there is a possibility that you suffered a whiplash injury.  Whiplash is a painful neck injury caused when your head is suddenly jolted back and forth. Rear-end automobile collisions are common causes of whiplash.

Left untreated, or if you get into another collision, you can begin to suffer from what is called “long-term whiplash.”

Whiplash Symptoms Delayed

A tricky thing about whiplash is that in many cases, it can take up to 12 hours or more for your symptoms of discomfort to appear. You might think you have no symptoms now and then discover tomorrow that you do. Over time, symptoms and related issues can get worse without proper medical care.

If you’ve been the victim of an automobile accident, you need to seek medical attention immediately.

When whiplash is left untreated and long-term whiplash sets in, many problems can occur. Some of these are:

  • Headaches

  • Dizziness

  • Ringing in your ears

  • Jaw pain

  • Pain and stiffness in your neck and shoulders

  • Back pain

  • Problems sleeping

  • Numbness or weakness in your arms or legs

  • Concentration and memory problems

  • Digestive problems

  • Blurry vision

Worse, “whiplash syndrome” can occur. This is a combination of those symptoms occurring together. When those symptoms continue for six-to-twelve months or longer, the condition might be diagnosed as whiplash syndrome.

Chronic Whiplash Pain

Over time, long-term whiplash and whiplash syndrome can seriously affect your life, your relationships and your work.

Only a physician, including chiropractic physicians, can diagnose whiplash. A proper diagnosis is important to get you the treatment you need to get better. It’s also important to your case if we need to file a claim against the person who caused the accident.

Bottom line: if you’ve been in a vehicle crash, especially if someone hit you from behind, you need to see a physician for a thorough exam.

Your physician will diagnose your condition, document his or her findings, and give you a treatment plan to get well. You need to follow your doctor’s treatment plan to the letter. Doing this will get you back to good health as quickly as possible, and help your case in dealing with insurance companies.

Do you suffer from any of the above symptoms of long-term whiplash and remember being the victim in a rear-end collision? If yes, you may have long-term whiplash.

Phoenix Whiplash Injury Attorney

If you’ve been the victim of a rear-end collision recently or at some point in the past, contact our office today to schedule a free consultation. We can help you understand your rights under Arizona law to get the medical care and financial assistance you deserve.

Filed Under: Uncategorized Tagged With: Effects of Whiplash

Private Property Injury: Who Is Responsible?

June 1, 2018 by Brad Johnson

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.

Filed Under: Uncategorized

What To Do After a Car Accident

May 28, 2018 by Brad Johnson

Traffic accidents happen all the time throughout Arizona. Chances are that you will be involved in a car accident at some point in your lifetime. It may be nothing more than a minor “fender bender” or it could be a serious accident.Many of these are caused by negligence or another driver not paying appropriate attention. Regardless of how the accident happened, as a victim you will likely have questions about your future and what is necessary to file the paperwork and claim to recover maximum compensation. There are ways to prepare yourself in case you do have an accident whether as a driver or a passenger.

Common Causes of Traffic Accident Collisions

Traffic can generate additional frustration and obstacles for drivers, but that is no excuse for getting involved in an accident when negligence plays a role. If a driver is not paying attention or is behaving recklessly behind the wheel, this information may prove fruitful in your personal injury claim and attempt to recover maximum compensation. This is why you should retain an attorney who has extensive experience in this field and who is willing to work on your behalf. Some of the most common situations that lead to traffic accidents in Arizona may include:

  • Drunk driving
  • Distracted driving
  • Drowsy driving
  • Aggressive or reckless driving

Any of these situations may prompt a victim or the surviving family members of someone who was killed in an accident to file a legal claim for compensation. If this applies to your case, taking action sooner rather than later may protect your eligibility to recover all the necessary funds to put the pieces of your life back together and to put this unfortunate incident behind you.

Post Auto Accident Checklist: What to Do after a Car Accident

When you are involved in or witness an auto accident, follow these procedures:

  1. Check for injuries. After a car accident, it’s always hard to think clearly and to remain calm, but it is important to take a few deep breaths and make sure you and anyone involved is not seriously injured. If you or anyone is severely injured, do not move. 
  2. Make sure it is safe to leave the area where the accident has happened. It may too dangerous to exit your car. If you are able to safely exit the vehicle, do so immediately. If anyone needs immediate medical attention call 911 for an ambulance.
  3. Report the accident to the police. Filing a report with the police helps to protect all parties involved, helps prevent fraudulent claims and legal ramifications. Reporting an accident to the police is generally part of any insurance company’s accident protocol. Stay at the scene of the accident until the police have come and gone. Make sure to get the name of the officer and provide them with your account of the event. 
  4. Get the information of all involved, including their names, addresses and insurance carrier. The other party may have even tried to flee the scene or have been difficult to speak to in the immediate moments following the accident. It is important to keep your wits about you in the immediate aftermath of an Arizona traffic accident. This is because you need to gather pertinent information that may become vital down the road if you file a personal injury claim.
  5. While you are waiting for the police to arrive, sit down and stay calm. While you may not feel much pain, you could be injured. Walking, bending or lifting can make your injuries worse.
  6. While you are sitting, go over what happened. Get the facts clear. How fast were you going? Where were you? Did you have your turn indicator on? Make some written notes if you can. Do not talk to anyone except the police about the facts of the accident.
  7. Gather Evidence. One such example has to do with contacting witnesses and taking pictures and videos of the scene. It may be difficult for you to remember the details of your Arizona traffic accident after the fact, but your attorney can begin to piece together how the accident occurred or engage witnesses experienced in accident reconstruction to ensure that the right information is provided to the courts as you go through your injury claim. A traffic accident largely depends on who may have been responsible for the crash. Having an attorney ready to take action as soon as possible and identifying critical issues and facts surrounding the scene of the accident may help refresh your memory or give you more clues about the manner in which you sustained injuries.
  8. If there are witnesses, ask them for their names and phone numbers. It is incredibly important to report any accidents that you witness. As a bystander, your perspective could be invaluable to those investigating simply because you would be unbiased and, for the most part, emotionally uncompromised. They may be able to help establish liability (who is at fault).
  9. Report the accident to your insurance company. 
  10. Monitor Your Injuries and Progress.Traffic accidents can lead to a number of different injuries which may be surprising for a victim who was hurt while moving at relatively slow speed. Whether you were cut off by another driver or T-boned by someone at an intersection, the injuries can be life changing. You may begin to experience chronic and difficult pain, making it challenging to get through your daily life or to return to work. Taking note of these injuries and symptoms and visiting your doctor on a regular basis will give you the maximum amount of treatment options available to you, so that you can prepare plan to accomplish as much as possible. It may initially seem overwhelming to confront the severity of your injuries and to figure out how to adapt your life to your new medical conditions, but a traffic accident attorney in Arizona, may be your best advocate going forward to protect your rights and to file a comprehensive claim to get the compensation you need to get better. Don’t allow too much time to lapse after you have been involved in a catastrophic accident. You have a limited period of time in which you can file a legal claim and finding an attorney immediately will help you determine your next steps.
  11. You may have rights that you don’t know about. An auto accident attorney might be able to help and answer your important questions.

Contact a Traffic Accident Lawyer for a Help

Brad Johnson Injury Law can help you with your legal claim and insurance. Our personal injury lawyers can help you understand the process of an accident claim by explaining all the details in a clear manner. We ensure our clients receive proper medical care to ensure a healthy recovery, allowing them to get back to their lives. Then we begin the fight for maximum compensation.

Filed Under: Uncategorized Tagged With: Arizona Auto Accident, Call 911, Car Accident, Car Accident Injuries, Car Accident Injury Lawyer, Report Traffic Accident

Who is at Fault in a Rear-end Collision

May 27, 2018 by Brad Johnson

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.

Filed Under: Uncategorized

Arizona Car Accident Report Basics

May 21, 2018 by Brad Johnson

If you’ve been in a car accident recently, you want to give serious consideration to ensuring your physical and financial health. Insurance companies may encourage you to settle any claims quickly on their terms. But remember, you do not have to settle quickly or under their terms.

Arizona law protects you from unfair claims or settlements. So whether you are the victim of an accident due to an unsafe driver, or accused of causing an accident, we can help.

One of the first things we need to fully understand your accident and your case is your accident report. In Arizona, vehicle accident reports are fairly standardized. With a little insight, you can understand the details documented in your accident report in order to help ensure you get the settlement the law guarantees you.

First Things First: Get a Copy of Your Accident Report

You absolutely must obtain a copy of your accident report. You need it and we need it to provide your best legal representation.

Arizona law enforcement officials are required to complete a detailed accident report at the scene of every accident. Once complete, they then submit the report to the Arizona Department of Transportation Traffic Records. Once your accident report is filed, you have the right (and personal obligation) to get a copy of it.

It’s important that you get a copy of your accident report as soon as possible. When it comes to protecting your rights under Arizona law, time is not your friend.

If you have not already obtained a copy of your accident report, you can do so.

The details documented in the report will be used as evidence in your case, whether or not you go to court to seek damages or protect yourself from claims. Insurance companies will use this report to determine and settle claims. So even if your case does not go to court, your accident report will affect your outcome.
Details in your report will include information about all involved parties, the vehicles involved, and the officer’s determination for who was at fault and what caused the accident. If you were involved in the accident, you have a right to obtain a copy of this report.

Remember, your accident report contains legally important information and will be used for you or against you by insurance companies and in court.

Understand Your Arizona Accident Report

Once you have a copy of your accident report, you can begin to understand the details of your case.

  • Who did the officer cite as “at fault?”
  • How did the officer document damages to the vehicles involved?
  • What does the report say about you and your involvement?

Knowing these facts before you talk with your insurance company — or anyone else except your lawyer — is important to protect yourself and your rights.

Anatomy of the Arizona Accident Report

Fortunately, the Arizona accident report is standardized and fairly simple to decipher. Here’s what you need to know.

Blue Section

The top section in blue includes the basic summary of your accident.

  • The number of people involved
  • The number of injuries or fatalities
  • The precise location of the accident
  • Whether an involved party left the scene

Give this section a careful read to identify any potential errors. Officers are only human and while it’s rare, it is possible that some of the details could be inaccurate. If they are, we will want to work together to correct the record to protect your interests.

Red Section

The next section in red is considerably more detailed.

This is where we see the who, what, when, where, why, and how of the accident.

Driver names, insurance information, vehicle information, and other critical details will be found here. This section will even include details on whether or not you or the other party were wearing a seatbelt.

Needless to say, it’s crucial that you review every detail of this section as soon as possible so we have time to dispute or correct any inaccuracies.

Green and Orange Section

The green and orange sections that follow contain contact information for involved parties and reporting officers. Again, you should verify the accuracy of this information.

Purple and Green Section

The next sections in purple and green are your officer’s account of what happened in picture form and his or her own words. These accounts will be used as evidence by your insurance company and a court of law, so it’s important to understand what the officer enters here so we can work together to use this information for your benefit or correct the record if necessary.

Yellow Section

The last section in yellow contains many small details of your accident that could have a big impact on your case. Go over these with a fine-toothed comb to identify any inaccuracies or missing information. One small detail here could have a very big impact on your outcome.

Contact a Car Accident Injury Lawyer

If you have a copy of your accident report and would like our help in understanding it, contact us today. We can help you carefully review all of the details of your report and take appropriate steps to ensure your rights are fully protected.

Filed Under: Uncategorized Tagged With: Auto Insurance

Rollover Car Accidents

May 20, 2018 by Brad Johnson

Although incredibly rare, rollover car accidents are some of the most dangerous and legally complicated types of accidents that can occur. Most cases are caused by what is called “tripping”, which is when one car pushes another into a guardrail or median that flips the car. In some cases, there could be a manufacturing defect in the vehicle that caused the car to flip. Whatever the case may be, the damage can be catastrophic and deadly. The good news is legal action in cases like these is common and can often help recover more of the damages than a basic insurance claim would.

What to do After the Accident

Immediately following the crash, you may not be conscious to go through the normal processes that occur after an accident. For rollover crashes, emergency response personnel will automatically be called to the scene and will care to the injured as well as fill out reports on the accident. If you are the victim of an accident and are injured, it is best to try to stay calm and wait for help to come. Your well being is the most important thing in these cases, and typically there will be enough witnesses and reports to build a case on after things have settled, so do not worry about calling the insurance company immediately or requesting police reports. Be sure to stay off to the shoulder of the road if you can in order to prevent any further damage to yourself.

Once things have settled and if you are able to, contact your insurance and obtain the necessary documents that they will need to file a claim. If you are unable to, have someone close to you take care of the necessary arrangements. With rollover accidents, it is especially important to have an attorney involved in the case, as likely there is significant damages caused that can be recovered.

Liability Considerations

In most rollover accidents, the injuries that occur will be severe, and will incur high medical expenses as well as having physical therapy and living expenses as you recover. In most cases, the liability will be on the driver who caused the accident. If that person was being extremely negligent, like drinking or texting while driving, then they will be automatically held responsible for the crash. Negligence law is used in cases like this, and essential means that if a person was not paying attention or behaving recklessly, then that person is the liable party for the crash. However, there could be different parities that could be held liable for the accident:

City, county, or state for not keeping roads maintained. Occasionally, damaged roads will cause a car to flip.

Car or car parts manufactures. Although it is rare, some cars do have defects that play a role in the car flipping, or tires that were defective. Also, some cars may not be properly equipped with safety features required by law that lead to further injuries.

If you decide to pursue legal action against a government entity or one of its contractor, there may be a limited time to file the suit. You will want to file any lawsuits as soon as possible for you to receive compensation sooner than later. This can make a big difference when it comes to medical and living expenses.
Depending on the events of the crash, you may only file one lawsuit against one of the responsible parties, or some sort of combination of lawsuits against multiple parties. However, this will be on a case by case basis and is something to be discussed with your attorney beforehand.

Getting Legal Help

With rollover accidents, there are often numerous legal considerations as well as extreme stress and expense associated with the accident. It is extremely important that you have an experienced legal team in these cases to make sure you get the most compensation possible. There are short windows of time to file personal suits against certain entities, making it essential that you speak with your attorney as soon as possible.

If you are the defendant in a rollover case, it will also be essential that you seek legal counsel. There are times that the victim of the rollover was in fact the one being negligent or adverse weather conditions influenced the crash. As stated above, road conditions may also have played a factor, and knowing what rights you have as a defendant can help save you thousands of dollars in a lawsuit, especially if it was not your fault.

Filed Under: Uncategorized Tagged With: Car Accidents, Rollover Car Accidents

What is Personal Injury Protection Insurance or PIP Insurance 

May 19, 2018 by Brad Johnson

Personal Injury Protection insurance policies, commonly referred to as PIP insurance, is a portion of some insurance policies that protects you and passengers in your vehicle. The policy will cover medical expenses and work loss in the event of an accident no matter who was at fault.
Typically, PIP Insurance is recommended for people who frequently have passengers or if you lack a good health insurance plan. However, state law may require it if you live in a “No Fault” state. So, the question needs to be answered, if it is optional, should I get PIP Insurance?

The short answer: most people do not need PIP. There are some situations where having PIP may be a good idea, but for the general population it is not needed. If you frequently drive a carpool, it may be something to consider as it will protect all your passengers as well as yourself no matter who is at fault. Another consideration will be the type of health care you have, but this should only be a factor if your coverage is very poor. Very good healthcare plans will have personal injury covered in the plan as it is. There is also the catch that not all PIP insurance plans are created equal; the range of how much they are willing to pay out will vary greatly based on location and company.

Should I Get PIP Insurance?

PIP insurance could come in handy if you were at fault in an accident and will be losing substantial time from work or have injuries that require additional financial help. However, if you are in a car accident that is not your fault, PIP insurance is not as useful as most times the damages and lost wages are recoverable as it stands. The driver at fault will be liable for the damages that are caused, and if you do not receive enough from the insurance, legal action is always an option. When you file your initial insurance claim, there will be a settlement that will be given to cover medical expenses and damage to your car. In most cases the amount given by the insurance company will not be enough, and in these cases, it is highly recommended you seek legal action to recover losses. Medical expenses as well as lost wages (the two things PIP covers) are recoverable in legal action, making the insurance policy more unnecessary in these cases.

If you carry full coverage insurance, then more than likely you will be fine without needing PIP, and sometimes PIP is already built into certain plans. What frightens most people is the thought of if they are at fault in an accident, they have no options. There are very few situations when a person would really need to carry PIP, just because of overlap with heath insurance and other insurance plans. However, if you do not have good insurance plans, PIP may be something to consider. The protection that is offered for lost wages as well as medical can be very helpful if you cause an accident and are injured in the process.

As stated earlier, some states require PIP insurance, but Arizona is not one of those states.

Conclusion

PIP insurance is not for everyone, and as most things go, will be on a case by case basis. There are certainly situations where it is incredibly helpful, as it will pay out benefits no matter who was at fault in an accident. This can be incredibly helpful if you were at fault and were injured, but it is important to note that PIP will not cover any physical property damages from the accident. For individuals who have heath insurance plans that cover injury in an accident, PIP is not necessary, so really you should evaluate your needs before deciding. If you are in an accident that was not your fault, PIP can be useful if the driver was uninsured or it was a hit and run situation, but these damages can also be recovered by an experienced accident attorney. If you have questions about an insurance policy you are considering or questions concerning accident law, please do not hesitate to contact Brad Johnson Injury Law.

Filed Under: Uncategorized Tagged With: Insurance Policies, PIP Insurance

Pedestrian Emergency Care after an Accident

April 2, 2018 by Brad Johnson

Being involved in an accident is terrifying and can lead to serious injury, and as a pedestrian it can be especially painful, if not life threatening. Being completely exposed upon impact can lead to severe injuries, and if the person is lucky to not be severely injured, there will more than likely be some sort of injury that needs care. As the adrenaline from the accident rushes over you, keeping a calm head and ensuring proper care and treatment can mean the difference between life and death, as well as keeping you from getting in legal trouble.

Here’s what to do after the accident

  1. Breathe. All too often we hear stories of people who panic and do something rash in the heat of the moment. Taking a moment and trying to calm yourself down will make sure that everyone around you does not get harmed further.
  2. Assess the situation. Identify if you are hurt, and if so where? Adrenaline and shock can make it seem like you are fine, when in reality you are far from it. Taking a moment to collect yourself and see what is damaged can prevent a bad situation from turning worse. Also, take a moment to see if the accident was minor. If so, it is best to move off to the side to reduce danger and confusion. But do not move the vehicle or pedestrian involved if the accident was more serious.
  3. Call 911. This may be cliché, but this is most likely the most important step. Law enforcement will assist in the legal ramifications of the incident, and if there are injuries having medical attention is crucial. It is important to do this quickly, as the sooner you make the call the sooner the injured parties can get help.
  4. Call your insurance company. Getting your insurance company on the phone whether you are at fault or a victim will help get you through this process smoothly.

If you were involved in an accident but don’t think you were hurt, it is still important to get medical attention. There are instances when something is severely damaged that you do not feel right away and finding out what is wrong will be vital to your insurance claim as well as your long-term health. If you can, see a doctor or visit an urgent care to see if you are ok. This process is also important for insurance companies; if they see that too much time has passed since the accident and the onset of the injury, they may be skeptical and not be willing to pay. Not all pain is so bad that you cannot move. Our body exhibits pain symptoms in various ways; below are some things to look for if you think you may be hurt.

  1. General pain. This could be a sharp or dull pain and is the most common. Most people have felt this before and you will clearly know that something is wrong.
  2. Numbness. You may think you are fine, but when you take a moment to breath you may realize that something feels numb. This is a telltale sign that there is something wrong internally and you should seek medical attention.
  3. Dizziness. When you are dizzy after an accident, it is typically associated with head trauma. It is essential that you seek medical care as soon as possible for head injuries, as more often than not they are far more severe than you may realize.

It is also important to remember that if you see someone who has been injured in an accident to help them only under certain circumstances. Ideally, someone trained in first aid or CPR could should assist in stabilizing the individual. Failure to receive permission from the person before helping them or being properly trained could result in massive legal action against you. This is not to say not to help an injured person, rather confirm with them that they are comfortable receiving help. Do not try any intensive medical procedures, leave that to the professionals, but assisting them in movement or helping to stop bleeding are some examples that most people are capable of.

If you or someone you know has been the victim of a pedestrian accident, they may be able to receive a pedestrian injury settlement. This is part of the reason it is important to make sure that everything is done in the proper manner. Please, do not hesitate to contact Brad Johnson Injury Law if you need legal help for your case. Remember, your wellbeing is the number one priority in an accident, and material things can be replaced, but a life cannot.

Filed Under: Uncategorized Tagged With: Pedestrian Accident, Pedestrian Emergency Care

Submitting to Arbitration for Pedestrian Accidents

March 27, 2018 by Brad Johnson

Being injured in an accident is a terrible experience, and it’s even worse if the insurance company offers a settlement that is less than what you need. As a victim, what can you do? One answer is to go straight to court, but that can be time-consuming and expensive; a great alternative is to first attempt to settle out of court, through arbitration.

What is Arbitration?

Arbitration is a process of dispute resolution and a common alternative to a civil lawsuit. This is a less formal process compared to a trial, and you will present your case to a neutral third party as well as the insurance company. The third party will decide on the case after hearing both sides of the argument and will then render a binding or non-binding decision. Arbitrators will act as the judge and jury of the case and will typically be judges or highly-skilled attorneys. If you have agreed to arbitration with a binding decision, you have waived your right to pursue the manner any further, and the arbitrator’s decision is final. Non-binding will allow you or the other party to appeal the decision and take it to court if neither party is satisfied with the decision. Insurance companies will almost always require that you go to binding arbitration, so it is important to read the fine print to know what you are getting yourself into.

When settlement negotiations have fallen through, that is when you should inform the insurance adjuster that you would like to move to arbitration. Most car insurance companies will allow for a case to be taken to arbitration, and greatly prefer this method to going to court. If they refuse to go to arbitration, the threat of a civil lawsuit will typically get them to go to the negotiating table. This is where it is crucial that you have a solid case and points that you can bring up, in order for them to feel arbitration is their best option.

Once both parties have agreed to go to arbitration, you can expect a process that will last approximately 3 months, depending on the situation, and will consist of the following:

  • Filing and instigation
  • Selection of an arbitrator
  • Exchange of information and case preparation
  • Hearing
  • Award

Going to Arbitration

Not all cases are created equal, and this is where having an attorney well versed in personal injury comes in handy. First, it is best that an experienced attorney reviews your case to make sure that you are eligible for the amount of damages you feel are deserved. Laws can be complicated, and even more complicated than that is dealing with the insurance companies. Most of the time, insurance companies will have a large team of attorneys at their disposal, and they are not willing to give into your requests without a fight. Both sides will be required to present written arguments prior to the arbitration and being able to both create and respond to an argument is something best suited for a professional. Remember, you only have one chance to get the money you deserve.

As a pedestrian involved in an automobile incident, most likely you will be able to receive significant compensation. At Brad Johnson Injury Law, we will evaluate your case and see if you are able to get more by going into arbitration. We have an experienced legal team that will help you get the most that you are deserved. Arbitration is significantly less expensive to you than going to court, and most times you will receive more that what the insurance companies initially offer.

Filed Under: Uncategorized Tagged With: Arbitration, Pedestrian Accident

Common Causes of Pedestrian Accidents in Arizona

March 16, 2018 by Brad Johnson

In 2016, more than 1400 Arizona pedestrians were injured in accidents, and sadly, 147 individuals lost their lives while walking in Arizona. Our state is one of the country’s worst for pedestrian accidents. Naturally, there are many reasons for these accidents ranging from distractions to poor driver habits and poor pedestrian caution. Arizona authorities have continued to work on making roads and walkways safer through laws and signage.

There is still much work to do. Drivers and pedestrians alike continue to be distracted by cell phones and other activities. Drivers do not always obey traffic laws and often drive too quickly. Pedestrians may ignore safety warnings and fail to be ever mindful of the traffic around them. When these accidents occur, pedestrians should consult an experienced pedestrian injury attorney. This post explores seven of the most common causes of pedestrian accidents.

Failure to Obey Traffic Signals

Red lights are in place for both drivers, pedestrians, and bicyclists. When any of these push the limits of the timing on the lights and run through it, a violation occurs. When any of these do not verify that the area is clear, a dangerous collision may happen. Ignoring stop signs, or sneaking through at the last minute after a brief pause is a dangerous game to play for cars especially if the intersection is partially concealed.

Ignoring Right of Way Rules

Drivers must yield to pedestrians even at unmarked crosswalks. Whenever a driver fails to yield at a right of way, he or she is guilty of breaking the law and could be in trouble if an injury occurs. Pedestrians must always be prepared for unexpected movement of vehicles simply because of the sheer size and weight of the moving vehicles. A good way to know is to make eye contact with the driver in the vehicle and also use hand signals when appropriate before proceeding through an intersection.

Driving into the Road Without Looking

When a driver leaves a parking spot and does not verify the roadway is clear, an accident is in the offing. Pedestrians should not run through parking lots. Always look for rear lights, use hand signals, eye contact, and never assume the driver sees you. If they fail to look for a clear space, they could pull out right in front of you or back into you.

Making a Sudden Right Turn

Always stop immediately before making a turn. Executing a turn without stopping is a sure way to stun a pedestrian who is counting on a stop first. Moreover, there are instances where there is limited visibility in an intersection and the driver will not see a pedestrian walking across the street. Corners are often obscured by vegetation or structures that can hide those walking.

Walking Along a Narrow Road

There are roads that have little or no shoulder; these are tragedies waiting to happen when pedestrians are present. Drivers must be always mindful on these roads and not looking at cell phones, eating, or engaged in other activities. With no shoulder, there is no room for error. Drifting onto the edge of the road can cause a serious accident. Pedestrians should walk against traffic when on these types of roads.

Distracted Driving

A growing problem among drivers, walkers, and bicyclists, distracted driving is known to cause more accidents today than ever. Studies have found those using cell phones while driving are more impaired than some drivers are after consuming alcohol. Many states are considering distracted driver laws to protect more pedestrians, drivers, and bicyclists on the roads. Remain alert and focused while walking, bicycling, and driving.

DUI

There are no excuses for impairment caused by alcohol when it comes to pedestrian accidents resulting from DUIs. The National Highway Safety Administration reports that upwards of 15% of pedestrian accidents in the U.S. are caused by people driving while under the influence of alcohol or another controlled substance.

Brad Johnson Injury Law has experienced pedestrian accident attorneys in Phoenix & Avondale, experienced in helping those injured by others while walking retain their rights and be compensated for their injuries and suffering. Our attorneys will aggressively fight for those who are dealing with medical issues because of a pedestrian injury. Call Brad Johnson to schedule your consultation with one of our pedestrian injury attorneys today.

Filed Under: Uncategorized Tagged With: Pedestrian Injury, Road Accident Injury

How Are Pedestrians Responsible for Car Accidents?

March 10, 2018 by Brad Johnson

The barometer for measuring whether a pedestrian’s actions caused a car accident is the word “unreasonable”. In other words, pedestrians are almost never the cause of a motor vehicle crash. Yet, when a pedestrian behaves in an unreasonable way and that unreasonable action causes a car accident, the barometer swings toward being a pedestrian-caused incident.

With distraction becoming an epidemic among those behind the wheel, and pedestrians on sidewalks, and in store aisles, it has become commonplace for texting pedestrians to bump into people and things. These and other factors raise a growing list of causes of pedestrian accidents. What ARE those incidents where pedestrians are most commonly at fault for causing a motor vehicle accident?

Incidents Where Pedestrians are Responsible & at Fault

  1. Distraction is a growing problem. Both pedestrians and drivers alike fight the urge to check their phones for messages, check their GPS for directions, or check their phones to watch the Dow Jones. Technology is only part of the problem, as more people are eating, drinking, talking, and smoking while walking.
  2. Drunk walking. The same reasons drinking and driving is banned is another reason to consider walking while drinking a risky activity Slower reaction times and poor spatial judgment are combined with a relaxed state of mind to stir up a dangerous soup for drunken pedestrians.
  3. Ignoring traffic signs and rules. Anytime a person crosses a street or roadway, the propensity to be hit exists. Rules and signs are in place to offer pedestrians the safest possible crossing. Pedestrians who walk astride the law are putting themselves in danger’s way.
  4. Bus vs. pedestrians. Many urban pedestrian accidents involve buses. With people onboarding and leaving buses in busy streets, often other traffic does not witness the person leaving the bus until it is sadly, too late.
  5. Pedestrians wearing dark nighttime colors. Walking after dark is difficult as it is a challenge for the walker to see where he or she is going. The worst part of darkness for the pedestrian though, is being seen or not being seen, as it were. Pedestrians walking in the dark in dark clothing are a collision waiting to happen. If you must walk at night, white or reflective clothing is critical.

Irresponsible or negligent pedestrians can be as dangerous as an impaired driver for wreaking havoc with motorists. One problem that emerges from pedestrians behaving badly is a panicked driver who is fearful of hitting the person. Drivers often cannot stop or control their cars in a split second and they make poor driving decisions. At this juncture, the driver has one of several circumstances to deal with. The driver either hits the pedestrian and then is forced to manage the situation and prove he or she was driving lawfully. Or the driver slams his foot on the brake causing his or his passenger’s to be injured. Or the driver steers away from the pedestrian and ends up hitting other vehicles, bicycles, structures, or other people.

If you have been involved in a car accident where a pedestrian’s actions caused or contributed to the accident, you need a pedestrian accident attorney to help guide your next steps. If you were the driver, the pedestrian, or a passenger, you may be eligible for medical damages if you were injured or lost wages if you were unable to work for any reason afterwards. The best thing for you is to avoid engaging in any blaming game with the others involved. Your pedestrian accident attorney can help you sort out all the facts and decide the best approach to dealing with your role.

Brad Johnson Injury Law has been helping people with pedestrian accidents for more than 20 years. When your situation calls for expertise and an attorney who knows the courts and the laws around pedestrian accidents, we can help. Call today to schedule your consultation. Preserve your rights and call today.

Filed Under: Uncategorized Tagged With: Pedestrian Injury, Road Accident Injury

Recovered Damages in a Wrongful Death Claim 

February 28, 2018 by Brad Johnson

If you know someone who died because of someone else’s actions, it may be possible for that person’s family to recover damages from the loss in a wrongful death claim. A wrongful death case happens when someone causes an accident killing someone. Close family members have the right to bring a lawsuit to recover financial damages from the responsible person.

What Kinds of Damages Can Be Recovered in a Wrongful a Death Claim?

The scenarios in which a wrong death happens are endless. Carelessness or negligence are usually to blame. The incident can be an automobile accident, a death resulting from abuse in a caregiver situation, uninspected equipment failure, animal attacks, and hundreds, perhaps thousands more. In Arizona, heartbroken family members must follow specific procedures when they bring these wrongful death cases. Any damages that are recovered belong to the estate of the deceased family member. An experienced, skilled Arizona personal injury attorney will be worth their weight in gold in guiding your family through the wrongful death claim.

When an accident happens and a death results, the grieving family can often make rash decisions. There are limitations on the time frame of filing a wrongful death case. Your attorney can advise you on these limitations. Also, depending on the circumstances, costs can be high from medical treatment prior to the death, property damages, funeral costs and, the personal cost to the family in emotional loss can also be extremely high. The family has options to be compensated for suffering.

These are possible damages a family may recover:

  1. Whatever future earnings the deceased person may have earned.
  2. Healthcare costs such a medical bills, physician’s costs, and transportation to and from hospitals that may have been incurred before the person died.
  3. Funeral expenses including burial costs.
  4. Compensation for the family’s pain and suffering.
  5. Loss of consortium or a spouse’s right to interact physically with their spouse, as well as loss of companionship, love, care and protection.
  6. The retirement benefits the spouse might have earned as well as pension and other benefits.

Your attorney can share which of these damages relate to your wrongful death case. An experienced attorney knows how to calculate these numbers based on your case. Knowing which numbers to present in a case can make all the difference in your success.

Wrongful Death Case Study

A neighbor with a homemade swimming pool slide fails to regularly maintain his or her equipment. A father is on the stairs of the waterslide and the equipment fails causing an accident. The Dad falls from 20 feet high and is hospitalized for more than two months with multiple head injuries as well as other injuries. After a lengthy hospital battle and multiple surgeries, the Dad dies.

The father leaves three children and a spouse. The surviving wife and children may bring a civil action against the owner of the slide for failure to regularly maintain the equipment. The law was created to assure family members receive any compensation that the deceased person might have recovered had he or she lived.
A tragic accident is jarring to any family. Family members have their own recovery period having to face life without their loved one. The family should secure the right personal injury attorney who will take the time to understand the case and the family situation. Because the height of emotional pain can influence decisions often leading to lasting results, a trusted personal injury advisor experienced in wrongful death claims can help guide the family.

Life changes quickly for a family suffering a wrongful death loss. It can be intimidating to contact an attorney’s office. Attorneys at Brad Johnson Injury Law have helped thousands of Arizonans recover from such a loss and regain their lives after a loved one’s sudden death. Call our office to schedule your appointment. Our firm will take the time to learn the facts and will help you carve out your wrongful death claim details. The peace of mind your family will eventually experience in being able to grieve rather than worry about the future financial picture in the wake of your loss is priceless. Call our office today.

Filed Under: Uncategorized Tagged With: Moral Damages, Wrongful Death Claim

Step by Step Wrongful Death Process 

February 21, 2018 by Brad Johnson

In Arizona, wrongful death means someone has died and the deceased family believes someone is responsible for their loved one’s death. The process of proving the wrongful death involves making a claim against the individual and moving through a multi-step process in Arizona. These proceedings happen in civil court and are usually filed by close, surviving family members. This post examines the process for recovering damages because a loved one’s death was caused by someone’s negligent or reckless actions.

Step One: The Investigation

Often, family members file a lawsuit in a wrongful death claim. Yet, there are also many cases that are resolved in a fair settlement without any court intervention. Before the family chooses a strategy, an investigation into what happened is first. This portion is vital in learning all the facts. Researching case law and determining details that can prove your case are difficult and require experience. Getting to the bottom of the death and how it occurred means the difference between success and failure in your case, long term. An experienced wrongful death attorney knows which questions to ask witnesses, has relationships with expert witnesses and incident re-enactment experts, and is knowledgeable about the local statutes. Success in assembling a strong case and knowing the correct number to cite in a formal demand for damages during the pre-litigation stage is why you need an attorney in a wrongful death case.

Each wrongful death situation is very different. Sometimes, there are preliminary first steps that must be taken before ever filing a lawsuit depending on the parties that are responsible. In some instances, such as when the responsible party is a government entity or public entity of some kind, a notice of claim must be prepared and filed with that entity. Compliance with rules for legal procedures can be complicated. When you work with a wrongful death attorney rather than attempt to conquer the situation on your own, you can be sure these rules will be followed to the fullest. If you fail to comply, you could put your legal rights at risk.

Step Two: Arizona Wrongful Death Litigation

This stage occurs after all the preliminary work has been completed. A complaint and summons must be filed and defendants, served. The defendants will learn the basics of your claim and facts about the allegations against them. The complaint will list the specific legal claims according to statutes for holding the defendant liable and an inventory of the damages suffered as a result. After the defendant receives this, they may respond with pleadings which gives their account of the allegations and sets affirmative defenses.

Discovery is what happens after the complaint is filed and the defendant responds with pleadings. The plaintiff and his counsel will work to collect information, documentation, and any other evidence necessary for proving their case and for anticipating responses from the other side. Both sides may interview witnesses through interrogatories—written questions asked and answered under oath. They may request production meaning they may ask that the other side produce tangible evidence. The intention is to inspect and copy the evidence. Depositions are also part of the process where the lawsuit parties or witnesses are asked questions under oath in the presence of a court reporter. Another discovery tool is admission which means either side may ask the other to admit or deny individual points or facts of the wrongful death incident.

Naturally, one or both parties may argue certain discovery requests or sometimes, a party may ignore a request. When this happens, the requesting party can motion the court for an order to comply to the request. If the judge wishes, he or she may impose sanctions for noncompliance such as a fine. Or, the judge can sanction the party that failed to respond by presuming the lack of response was because to do so would have favored the opposing party.

Step Three: Settlement and Arbitration

Informal settlement negotiations can begin and may extend throughout the litigation process. This means either or both sides can try to settle the matter themselves, even as the litigation process is underway. Often, a hearing held before the trial called a Status Conference or a Pretrial Conference, allows both parties to attempt a settlement agreement. The hearing also allows an opportunity for the judge to narrow down the issues of the case. This can also assist the judge in managing the litigation if the case is heard in court.

The Wrongful Death Trial in Arizona

When a settlement is not forthcoming, the case will go to trial. Wrongful Death Attorneys are skilled at advising their clients when a settlement is not in their best interest and their chances are better with a trial. Compelling testimony that outlines the loss experienced by the family members is presented as well as exactly what the opposing party did to cause the harm. When all testimony is in, the jury will weigh the evidence and if it decides the defendant was negligent or intentionally caused the wrongful death, it will award damages based on the case facts.

Time Limits

Family members of wrongful death situations are limited by Arizona law regarding the period they are eligible to file a claim. The time limits are set by law and are called the statute of limitations. In Arizona, that time limit is two years from the day of the deceased person’s death.

When a loved one dies unexpectedly because of what is thought to be a wrongful death situation, the grief can be overwhelming. Those who take weeks or months to weigh the facts in determining if they need a wrongful death attorney, may learn too late that precious time is slipping away. To preserve your legal rights, schedule an appointment to get an evaluation of your case. Our experienced attorneys have won hundreds of cases for Arizonans suffering from a loved one’s wrongful death. Call today to schedule your consultation.

Filed Under: Uncategorized Tagged With: Wrongful Death Attorney, Wrongful Death Lawyers, Wrongful Death Process

Types of Car Accident Injuries

February 15, 2018 by Brad Johnson

“Were you hurt?” is usually the first question you are asked when you tell someone about your automobile accident. Depending on the type of vehicles involved, the speed the cars were traveling, and many other variables, injuries go hand in hand with car collisions. When you are hurt in an accident and perhaps cannot work right away, you may also need treatment, transportation to get treatment, and help making your financial responsibilities. Contact a personal injury attorney immediately to learn more about how to recover your financial losses and gain compensation for your injuries when someone else caused the accident.

Car accident injuries vary broadly. You might have localized pain, or many different bruises or fractures. Or, you may have suffered mental and emotional distress and are having many symptoms from the experience. It is even possible you have Post Traumatic Stress Disorder or PTSD. Each will require its own type of treatment to help promote recovery.

A Comprehensive List of Car Accident Injuries

Head and Neck Injuries

Seat belts, airbags, and other protections within your car help to tamp the severity of injuries. But when a violent car accident happens, there is little to protect your head and neck from the results of impact such as broken glass, flying debris, or colliding with the steering wheel or chemicals from the inflated air bag. You could sustain facial bruises, broken bones in your face, whiplash or cervical strain in your neck or contusions everywhere. More serious injuries to the head could result in brain trauma or injury. A full examination is always recommended to determine if the accident has caused any brain injury. Tests often are needed to learn if there is any bleeding or swelling in the brain when the head has been impacted. Sadly, when a traumatic brain injury occurs, the effects can be lifelong and could summon the need for lifelong care if the injury is serious enough.

Back Fractures and Strain

When a vehicle collides while moving at 55 miles per hour or faster, the torque from being struck can cause any number of back fractures, injury to your discs, or back muscle spasms or strains. Back injuries can affect every movement and require weeks or sometimes months to heal with physical therapy. Worse injuries could require surgery to repair. Back injuries often do not present immediately; pain can appear days or weeks later. The greatest fear among medical professionals when a back injury is present at the accident is the threat of a neurological injury to the spinal cord. Because the spinal cord is an extension of your brain and central nervous system, trauma can lead to permanent problems with sensation, chronic pain, or even paralysis.

Internal Injuries

At the time of the vehicle-related accident, first responders know what signs to look for to assess the injuries quickly. At times, a victim’s internal injuries do not appear immediately but are discovered hours or days later. There could be injuries to any number of organs such as lungs, kidneys, bowels, spleen, or other organs. Even when someone does not feel severe pain following an accident, a trip to receive a full medical assessment right away is necessary to rule out any internal injuries that are not present immediately.

Emotional and Mental Car Accident Injuries You Can’t Always See When a catastrophic event occurs such as a car accident, everyone reacts differently. Some people are immediately resilient while others are impacted severely. Witnessing an accident can be traumatic but witnessing a vehicle accident as it happening to you may cause shock, anxiety, or depression—immediately or weeks or months later. PTSD is very common among car accident victims and can bring many symptoms of anger, lack of sleep, eating disorders, fear of driving to mention a few.

Call Arizona’s Auto Accident Attorney

When a loved one has sustained injuries from a car accident, life changes for the injured person but also for everyone in the family. If you or a loved one has been in a serious accident and have been injured, or worse, if your loved one was killed, call our firm to learn your rights from an experienced auto accident attorney. At Brad Johnson Injury Law, we are prepared to guide you through the process of figuring out exactly what happened and to assign fault. We can help your family get just compensation for your injuries and the many losses caused by the vehicle accident. Call us today.

Filed Under: Uncategorized Tagged With: Back Injury, Internal Injuries, Neck Injury

Fatal Dog Bite Accidents in Arizona

February 7, 2018 by Brad Johnson

American households are home to roughly 78 million dogs. With that many dogs throughout the country, naturally, some are going to bite. But according to the United States Center for Disease Control, even if you ARE bit by a dog, only about 20 percent of the dog bites in our country cause an injury, bruised egos notwithstanding. But what about the horrific dog attacks where the victims are not as fortunate; people are maimed, horrified into a lifelong fear of dogs and other animals, or worse, are killed. In Arizona, dog bite victims or families of dog bite victims need experienced legal support to be sure they get the help they need to correctly pursue any injury claims for damages caused by the dog attack.

What to Do the Moment You Witness the Attack

– Call 911

When you see an attack between a dog or dogs, and a person, immediately call 911. If you can communicate with the dispatcher on the line, listen for any advice or questions the person on the phone has and answer as best as you can. Do not attempt to get between the person and the dog. If you can locate the dog’s owner to collect his or her contact information, you can also be a big help.

– Record What You See

What happens before and during the dog attack can be very important to the victim’s case later. Do your best to remember any details that happened from when you began watching it and if possible, write it down. You may also use your telephone to record photographs or video of what you see. Your version of the story can mean a great deal to the person being attacked. If the dog attack is serious and the person is seriously injured or worse, killed, the information you secure can win or lose valuable assistance for the person attacked or his or her family.

A Deadly Dog Attack – What Happens Next?

A total of 41 human beings were killed in 2016 by dog attacks. The number is small when one considers there were more than 4.5 million dog bites in that same year. Yet, when someone is the victim of a vicious attack, everyone experiences a devastating loss. The family of the victim is heartbroken, the owners of the dog, which is often euthanized following a human attack, are crushed, and now the loved ones of the person killed are often ruined financially by the loss as well as emotionally. In Arizona, the law is clearly on the side of the victim. Dog owners have the responsibility to provide constant oversight over their pet. When they fail in Arizona, and their dog attacks a person, the dog owner is liable for its actions regardless of where the animal was when he or she attacked.

Helping Dog Attack Victims’ Families Win Just Compensation

If your loved one was killed by a dog attack, you could be entitled to recover medical expenses, lost pay, damages to any property, or loss of consortium. Sometimes, you may also secure compensation for punitive damages—dollars meant to punish someone for reckless or negligent behavior. In other words, if the dog’s owner knew he owned a historically dangerous dog yet did not secure the dog or allowed it to run free in a park or play area for children, a jury could decide to award punitive damages.

The laws are on your side if your loved one has been killed or seriously injured by a dog in Arizona. However, determining how to recover damages can be complicated, especially when insurance companies can get involved. Fighting adjustors and lawyers of huge American insurance companies can be expensive, and challenging. To learn more about how to fight to recover compensation for your loved one’s serious injury, or even death, contact Brad Johnson Injury Law today. We have years of experience in helping people know their legal rights and fight for their reward.

Filed Under: Uncategorized Tagged With: Aggressive Dogs, Arizona Dog Bite Law, Dog Attack, Dog Bite Attorney, Dog Bite Laws, Dog Bite Tips, Fatal Dog Attack

Things to Do if You are Bitten by a Dog

February 2, 2018 by Brad Johnson

Dogs have become a huge part of American culture. As baby boomers age and empty nesters yearn to care for a “little buddy”, more Americans are owning dogs, and even more are abandoning the notion of leaving pets at home. Instead, people are taking dogs to dog-friendly restaurant patios for meals, to dog-friendly stores as they shop, and to public dog parks to interact with others, sometimes even passing ordinary pets off as service animals. Sometimes, well-meaning pet owners misjudge their dog’s demeanor in public or for unknown reasons, dogs attack others. As dogs interact with us more frequently out in public, a little knowledge can go a long way when good dogs go bad, and bite.

Do Your Best to Remain Calm

Panic can feed the dog’s fear and cause it to grow in aggression. The more wildly you behave, waving your arms or running, the more the dog may smell your angst and prepare to treat you more like prey than friend.

Be on Guard

If you find yourself in a situation where a dog is behaving aggressively and the owner is not around, the first thing to do is attempt to distract the dog by giving the animal your shirt, your purse, a package, anything you have that can cause the dog to move toward that object, instead of you.

Reduce the Energy and Slow Things Down

Perhaps you are on a run and the dog is frothed up and starting to look like he may attack you. Slow your run to a walk and take down the energy at the scene. Continue to monitor the dog as you walk away, but do not make eye contact with him. If you can, slow to a stop appearing to be disinterested and look away.

Instruct the Dog to “Get Back!”

Take command of the situation if the dog continues to behave with aggression. Use a confident, strong, even voice to yell “Get Back” or “Back Off”. Do not use a high-pitched, fear-filled voice. Be commanding. The dog may then be shocked into becoming afraid and moving away.

Fight Back

If all tactics have failed to control the situation, punch the dog, hard, in the nose and muzzle. Big movements from your arms and legs to the dog have the best chances of being effective in stunning it and causing it to run away from you. Another place to aim is the vulnerable part of the dog just under its rib cage. This big action can knock the wind out of the animal and give you a chance to get away.

Be the Alpha

The exchange of power here is what works with a pack animal. When you can assertively get the energy from the situation under YOUR control as the alpha, the dog will learn to submit in that moment. This is successful when the confidence to take control is firm and assured.

Arizona Dog Bite Laws

Tragedy strikes when dogs suddenly become aggressive and attack. Sometimes, the target is a child because of their size. Other times, adults are attacked and cannot overcome the size and attack instincts of the dog. Arizona Dog Bite Laws make the dog’s owners first in line for responsibility if their pet bites or attacks another person. There are situations where provocation is considered in the case yet the blame for most dog attacks lie squarely on the individual owner, even if he or she is not present.

If you or a family member has been attacked by a dog in Arizona, time is not on your side. The statute for dog bites includes a one-year limit. Learn your rights and if you have a case for collecting damages from the dog bite situation. Our attorneys are experienced in handling dog bite lawsuits in Arizona. We can help you understand your case and prepare to collect damages for lost wages, medical bills, loss of enjoyment of life, and more. Call today or schedule your appointment online today. We can help you get the most compensation for your claim.

Filed Under: Uncategorized Tagged With: Arizona Dog Bite Law, Dog Bite Attorney, Dog Bite Law

Common Causes of Pedestrian Accidents

January 24, 2018 by Brad Johnson

Enjoying the outdoors on a walk or walking for transportation in Arizona are among the benefits of living in a warm climate year-round. With distraction at the wheel now blamed for about 11 percent of all automobile accidents in Arizona—a statistic that is growing–pedestrians are at risk as often as fellow drivers. There are more than 50,000 pedestrian accidents per year in the USA, according to the National Highway Transportation and Safety Authority. Distraction is one of the causes of these pedestrian accidents, but there are many others.

It is true pedestrians have the responsibility to be as aware as drivers when walking in busy areas. Yet, negligence behind the wheel is the culprit in most pedestrian accidents.

These are among the most common driver causes of negligence behind the wheel:

  • Ignoring weather and traffic conditions
  • Speeding
  • Distracted driving such as talking on the phone or texting
  • Ignoring traffic signals or signs
  • Failing to alert others to your intentions such as signaling to turn
  • Failing to stop at crosswalks for pedestrians
  • DUI

Anytime a driver is behind the wheel and is not fully engaged in driving or in following the rules of the road, people are at risk. Whether the people around these kinds of drivers are walking, in a crowd, on a bicycle, or in a car, catastrophe is a potential threat. Pedestrians may be the most vulnerable of all since they are not protected by anything and have nothing to break the impact or to get away quickly. But what about the pedestrian’s responsibility to be aware and to use pedestrian caution. There are rules of the road for people walking too.

Guidelines for Pedestrian Caution

High-volume city areas have the highest incidence of pedestrian accidents for a few obvious reasons—more vehicles and more pedestrians. There is the idea that there is safety in numbers which leads to pedestrians who are also distracted and not mindful of their surroundings.

Here Are Some Other Potential Dangers Pedestrians May Create:

  • Failing to yield at “Walk” signs when crossing at an intersection
  • “Jaywalking” or failing to use marked crosswalks
  • Jumping in front of or walking into traffic without looking
  • Disrupting traffic flow by entering the road

If you walk frequently for recreation, exercise, or to get to work or school, there are some precautions you can take to lessen the chance of being involved in a pedestrian traffic accident, especially if you must be out early in the morning dawn or late at night. Wearing bright, reflective clothing or using reflective tape to be seen on a backpack, hat, or jacket to help drivers notice you. Another tool is to secure an inexpensive, blinking light from a bike shop and attach it to your hat or purse to increase visibility. Taking care to be aware of your surroundings while you walk can alleviate many of the potential dangers listed above.

If you are involved in a pedestrian accident, you can tamp future issues by following a few simple steps. First, remain calm and move to a safe area and out of traffic right away. Call the police and be part of the reporting process. Never leave the scene before help arrives and trade your contact information with any witnesses at the scene. Do not say anything to anyone at the scene about what you saw, did or didn’t do. If you were the pedestrian, the driver, or a passenger, being respectful, yet reserved in offering information is important. Often, pedestrians and drivers immediately begin blaming one another. Do not fall into this trap. Finally, contact a pedestrian injury attorney.

Call an Experienced Pedestrian Injury Lawyer

Pedestrian accidents range from minor scrapes with vehicles to tragic fatalities. If you have suffered an injury in a pedestrian accident, Brad Johnson Injury Law is your pedestrian injury firm. We can help you get what you need to heal and recover any damages you sustained from medical expenses to lost wages. You may also be eligible for compensation for the pain and suffering you endured because of the accident.

Call our firm today to learn how we can help you, without any out-of-pocket expense to you. As pedestrian accident attorneys, we know how to work with insurance companies, law enforcement, and your medical providers to help you get what you need to get back on your feet after a pedestrian accident.

Filed Under: Auto Accidents, Personal Injury Tagged With: Negligence Behind The Wheel, Pedestrian Caution

Bitten by a Dog in Phoenix, Arizona: Arizona Dog Bite Laws

January 19, 2018 by Brad Johnson

Millions of people across the US own dogs as pets since they are wonderful companions to young and old alike. Dogs are also used for racing, in show events, contests of agility, hunting, for guarding buildings or residences, and for military and law enforcement. Recent studies seem to strongly suggest that having a dog may even increase your lifespan. But dogs do bite and attack people for various reasons, whether based on its having dangerous propensities or having been provoked or any other reason. But regardless of the reason why a dog attacked or bit another person, Arizona law imposes owner liability in most cases.

If you or a loved one were bitten by a dog, you may have legal recourse against the owner and/or caretaker of the dog based on either Arizona statutory law or common law negligence. Also, an owner may be charged with a criminal violation in some instances.

Strict Liability for Dog Bites

In the past, many states had laws that allowed a dog to have a second chance or a one-bite pass. While some states have retained that law many, including Arizona, have abandoned it and now have strict liability laws when it comes to dog bites considering the harm that an animal can do to a person, especially children who are often the target of many dog bites and attacks.

Strict liability means that you do not need to prove negligence on the part of the dog owner or caretaker. You merely need to demonstrate:

  • the defendant was the owner (or caretaker) of the dog
  • the dog bit the claimant
  • the claimant suffered an injury

Prior knowledge of the dog’s viciousness or propensity to bite because it previously bit someone is not a prerequisite to a claim for injuries under strict liability principles. If the dog was under the supervision or control of someone other than the owner, such as a hired dog-walker or a neighbor, that person may be held jointly liable for the claimant’s damages. Further, it is irrelevant if the attack occurred on the owner’s private property, or another person’s property, or on public property such as in a park or city sidewalk.

Trespassing and Dog Bites

Trespassing refers to being on private property without the owner’s permission. A person who is trespassing but is injured on the property generally has no legal recourse against the property owner unless he/she shows that the owner intentionally harmed the trespasser such as by means of a trap. If injured by a dog, however, the trespasser still may bring a claim. But if a trespasser is attacked and bitten by the owner’s dog, the trespasser who ignored conspicuously posted signs on the property warning of an attack dog may in theory still bring a claim for injuries but is highly unlikely to recover. Also, if the trespasser was committing a crime on the property such as burglary, this might constitute a provocation for the dog’s attack and be a defense to an injury claim.

Statute of Limitations

If you were injured by a dog, you have a limited time to bring your claim to court or to reach a dog bite settlement before filing. The statute of limitations forces claimants to bring their claims to court before evidence or facts of the event fade from memory or witnesses pass away or become unavailable to testify so that defendants have a reasonable opportunity to defend themselves. In Arizona, you have one-year from the date you were bitten to either settle your claim or file it in court. This is an exception to the usual two-year statute of limitations for other personal injury claims.

If the claimant is a child, however, the one-year statute does not begin to run or is tolled until the child turns 18. The statute is also delayed if the claimant is found mentally incompetent or impaired.

At-Large Dogs

There are instances when a dog is off-leash and bites someone, usually on public property. Phoenix, like most municipalities, has a leash law so that owners can be cited for not having their dogs on a leash unless in a designated area where they are allowed to roam free. If the dog has a collar and license but is off-leash, the owner can be given a civil dog-at-large citation. If the animal does not have a collar or license, then the owner may be cited for a criminal violation or Class 1 misdemeanor. Other localities have their own leash laws that should be examined in case if you have a dog bite claim that might support or enhance your claim.

Common-Law Negligence

You also have the option of bringing a dog bite claim under common law rules regarding negligence. This may be necessary if you failed to settle your claim within the one-year statute for strict liability and did not file on time or if you were trespassing and were bitten. The statute of limitations for negligence cases in Arizona is two years.

There are different requirements or elements for a common-law negligence claim, however. In the context of a dog bite, you must demonstrate and prove:

  1. The defendant had a duty of care towards the claimant by exercising reasonable care
  2. The defendant breached his/her duty of care towards the claimant by not exercising reasonable control of the dog
  3. It was the defendant’s actions or omission that proximately caused the injury or was the “cause-in-fact”
  4. It was foreseeable that the dog would injure the claimant
  5. The claimant suffered damages

All dog owners have a duty to exercise reasonable care over their dogs, which may include keeping them leashed or in an enclosed area if they are aggressive. By not keeping the dog away from people or restrained in some manner, the owner risks being liable for any injuries the dog causes.
The key element of a common law claim is that the defendant had knowledge of the dog’s propensity or viciousness or should have been aware of it and did not take steps to keep others safe. You can establish “knowledge” by the following:

  • Prior complaints about the dog
  • Dog was kept muzzled
  • Dog’s role as a guard dog
  • Had a tendency to lunge at people
  • Prior statements by the owner about the dog’s character
  • Use of chains or restraints on the dog
  • “Beware of Dog” sign posted by owner
  • Size and breed of dog

Defenses to a Dog Bite Claim

Even if you can demonstrate a strict liability claim or one grounded on negligence principles in that the owner had previous knowledge of the dog’s violent tendencies, the defendant may still avoid liability if it is shown that you provoked the animal, or if the animal was engaged in military or police work and was assisting an employee of such agency in:

  • apprehending a suspect
  • Investigating a crime
  • Executing a warrant
  • in defense of a peace officer or other person

Otherwise, a defendant can allege provocation as a defense. Provocation means that something occurred that caused the dog to become aggressive or that a claimant contributed to the incident by his or her particular conduct. The standard in demonstrating provocation is whether a reasonable person would expect the conduct or circumstances would be likely to provoke a dog.
Examples could be:

  • throwing objects at the dog
  • taunting or teasing the animal
  • Trespassing in some cases
  • committing an illegal act (robbery, burglary or kidnapping)
  • harming or threatening to harm someone
  • petting a dog that is chained up
  • Pulling or stepping on a dog’s tail
  • agreeing to care for a dog with known vicious characteristics

If a person was or should have been aware that there was a risk of injury by engaging in such behavior, then the owner may be relieved of liability. However, if a child as young as 4 provokes a dog bite by punching or pulling on the dog’s tail, some courts such as California will presume a child under the age of 7 was not provoking the dog since the child at that age is not capable of acting with reasonable care. Arizona courts look at what caused the dog to react rather than the intentions of the actor so that a dog owner could escape liability regardless of the child’s age. There may be other facts in such cases, though, that a lawyer experienced in dog bites and lawsuits could raise to find liability such as leaving an unrestrained dog with known aggressiveness with a young child.

Damages in Dog Bite Cases

Injuries in a dog bite claim can be extensive and include muscle and tendon damage, spinal cord injuries, concussion, deep lacerations, wound infection, loss of limbs, loss of vision, emotional trauma, and death. Typical damages are:

  • past and current medical expenses
  • past and current income loss
  • loss of earning capacity
  • permanent disfigurement
  • permanent disability
  • emotional trauma
  • diminished enjoyment of life

Call Brad Johnson Injury Law Injury Lawyers

Dog bite injuries range from minor to catastrophic. If you or a loved one suffered a serious injury in a dog bite attack, you will need experienced and knowledgeable injury lawyers who will give you the best opportunity to obtain the most compensation available for your claim. Call one of our dog bite injury lawyers now at (602) 396-4635 for an evaluation of your claim.

Filed Under: Dog Bites Tagged With: dog bites

Winning Slip and Fall Cases and Identify Case Weaknesses in Arizona

January 12, 2018 by Brad Johnson

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.

Filed Under: Uncategorized

Is There an Average Settlement for Arizona Slip and Fall Cases?

December 21, 2017 by Brad Johnson

One minute you can be purchasing some lunch in a grocery store and the next minute you can find yourself on the ground and unable to get up. The last thing you are likely thinking as you are getting your bearings on the store’s floor is what money you can expect to receive from the store after having fallen on a wet, slippery surface. At that initial moment, whether you have an immediate injury that will heal completely or quickly, or whether you will experience months of therapy and an injury that is stubborn to heal, will not likely be determined immediately. Learning the extent of your injuries and the specific rules Arizona uses to govern such slip and fall cases should be your next move.

Rules for Slip and Fall Cases

Like other states, Arizona has rules for sorting out whether the person who fell has any liability for causing the accident. The rule is a “pure comparative fault” rule applied by the state and, it usually reduces the amount of a slip and fall insurance settlement or jury award. This rule, which can reveal slip and fall case weaknesses, outlines a comparison between the liability of both the owners of the location of the fall and the actual fall victim. Both sides will demonstrate any possibility of responsibility on both sides: The Injured and the owners of the Site of the fall.

An Arizona Slip and Fall Case Study

John walks into a deli, and slips and falls on the tile floor that had just been mopped. No sign was present indicating a wet floor. John decides to file his case in court to attempt to gain compensation for his injuries. An investigation reveals evidence of the situation and the jury ultimately determines John’s total damages equal to $18,000. However, the jury also decided John was 10 percent at fault for the accident, and the deli was 90 percent responsible. John’s $18,000 reward then is reduced by 10 percent or $1,800 for the portion that he was found responsible for.

How the Slip and Fall Awards Add Up

To arrive at your case value, add up the hard and soft costs of your injury. The most immediate costs are likely to be medical bills. As you receive treatment for your injuries, calculating these costs is objective and, in most cases, simple. All that is needed is an accounting of all medical bills related to the injuries. Next is a very subjective follow-up to medical bills, calculating the degree of pain and suffering endured. An experienced personal injury attorney can help you assess your accident, your personal limitations caused by the injuries, and how significant a hit your quality of life has experienced because of the fall. Lost income costs, past and future, also play into what your target award should be.

Slip and fall case awards in the United States total billions of dollars each year. Most slip and fall cases cost the victims an average of $30,000 but each case has its own specific facts. If you or a loved one has been hurt in a slip and fall, determining the value of your case and the extent of your injuries is a critical key in deciding if you should go to court or not. If insurance adjusters are contacting you with offers of a settlement, having your case reviewed by an experienced personal injury attorney can help you make an informed decision.

Whether your potential case is of low value, it can make a difference in your day-to-day life moving forward. Even with this information, deciding if you have a strong case or one worth pursuing can be difficult to do. Having your case reviewed by an experienced, reputable personal injury attorney can shed light on your situation, and, your future. Call our office today to schedule a consultation to get some clarity from our firm. We know how to help.

Filed Under: Uncategorized Tagged With: Slip and Fall Awards, Slip and Fall Case Study, Slip and Fall Cases

Why Hire an Auto Accident Lawyer

December 12, 2017 by Brad Johnson

Auto accidents are no fun. People don’t wake up in the morning hoping to get into auto accidents later on during the day. Yet, for the most part, they are unfortunately a common occurrence in modern life. Some auto accidents are minor and result in fender benders, scratches, or dents. However, others are more serious and result in injuries or even death. If you or a loved one are ever involved in an auto accident that involves personal injury, death, or even extensive property damage, it is worthwhile to consult with a lawyer to know all of your rights. In such a time of hurt, you want to make sure that somebody is on your side.

Benefits

Not only can working with an auto accident lawyer give you some personal peace of mind, but it can also provide at least two major benefits.

Knowing What the Laws Are

Your auto accident lawyer will be well-versed and experienced in representing individuals that have been involved in auto accidents. Because of this, he or she will know what the laws affecting you are and make sure that you do not accidentally violate any of them in trying to handle the aftermath of the auto accident.
Perhaps the most important laws are what are called “statutes of limitations.” These are laws that only give you a certain time frame in which to bring a lawsuit against a responsible party. Consulting with an auto accident lawyer early on will help you make sure you don’t miss any important statute of limitations deadlines.

If bringing a lawsuit against a responsible party is necessary in your case, then your lawyer will know what claims to bring.

Knowing What You’re Owed

Depending on the extent of your or your loved one’s injuries, a responsible party may owe you a good amount of money. If the cause of the underlying injuries was due to criminal action, such as drunk or distracted driving, even more money may be coming your way. Whatever the ultimate reward is, working with an experienced auto accident lawyer will help you make sure that you know how much you should fight for and what you are owed. Awards given out in auto accidents can cover various things, including medical costs or even pain and suffering.

We’re on Your Side

While there may be other organizations involved in the aftermath of a car accident, such as insurance companies, not everybody may be looking out for your best interests. An auto accident lawyer represents YOU. Because of this, he or she will work in your best interests.

If you or a loved one has recently been in an auto accident resulting in personal injury, death, or even serious property destruction, reach out to an auto accident lawyer soon to determine what your options are. From talking to the insurance companies, obtaining medical records from hospitals, bringing legal claims, and more, an auto accident lawyer will work to help you try to become whole again.

Make sure to reach out to the Brad Johnson Injury Law legal team today.

Filed Under: Uncategorized Tagged With: Auto Accident, Lawyer Benefits

What You Should Know About Car Accidents in Arizona

November 28, 2017 by Brad Johnson

If you can illustrate that someone else’s negligence is the cause of the accident in which you sustained life altering injuries, Arizona personal injury law empowers you to file a legal claim.

Our car accident injury lawyers at Brad Johnson Injury Law will look to a number of sources to help you determine who was at fault for your accident. This includes police reports, state traffic laws, citations issued and witness testimonies. If we determine fault on another driver involved and you sustained an injury as a result of the accident, we can help you get the largest settlement possible to cover medical bills and pain and suffering.

Do You Need a Car Accident Injury Lawyer in the Phoenix Area?

If you are injured in an auto accident in the Phoenix metro area and are not at fault, you may benefit from hiring a car accident injury attorney. The at-fault driver’s insurance company is not going to protect you or your rights. They are concerned about their insured driver and the shareholders they make money for, not ensuring you get the settlement you deserve.

Determining Who Is at Fault for a Car Accident

Legal claims from motor vehicle accidents are usually governed by the law of negligence. People who operate vehicles must exercise “reasonable care under the circumstances.” Failure to use reasonable care is considered negligence. As with other types of accidents, the driver at fault in a traffic accident is the one who was negligent.

Courts look to a number of factors in determining negligence, such as:

  • Disobeying traffic signs or signals
  • Failing to signal while turning
  • Driving above or below the posted speed limit
  • Disregarding weather or traffic conditions
  • Common Causes of Car Accidents

The vast majority of vehicle accidents on Arizona roadways are caused by driver error. Although driver distraction has received increasing public awareness because of the gruesome crashes particularly those effecting teens, driver inattention is only one of many problems that plague people behind the wheel.
Driver Inattention – driver inattention includes any situation in which someone’s attention is pulled away from the task at hand. This can include changing the GPS or radio station, talking to someone else inside the vehicle, applying makeup, eating, texting, reading and sending emails and talking on the phone. All of these pull away the driver’s line of sight focus as well as driver’s cognitive focus and increase the chances of a life changing accident.
Drunk Driving – another unfortunate cause of far too many serious and fatal car accidents is drunk driving. Being under the influence of alcohol or drugs impairs your judgement and ability to control a car and can put others at risk if an accident ensues. Avoiding car accidents caused by drunk driving begins with realizing when you are above your limit and when you should not get in the car.

Aggressive and Reckless Driving Increasingly – driver aggressiveness or reckless behavior are being noted in police reports and insurance claims for accidents. Drivers who are frustrated by traffic or the actions of the other drivers may engage in aggressive behavior that actually compromises the safety of everyone. Reckless driving such as ignoring road signals and traffic laws, speeding, and cutting off other drivers can increase the chances of a multi-car pileup. When another driver’s aggressive or reckless behavior is a root cause of your injuries, taking action quickly with the help of a lawyer is strongly recommended.

Common Injuries from Vehicle Accidents

A car accident attorney can tell you that the injuries affecting victims in a car accident can run the gamut from minor to severe. Severe injuries include:

  • Spinal Cord Damage
  • TBIs
  • Whiplash
  • Broken Bones
  • Chronic Pain
  • and more.

You may also suffer chronic pain for weeks or months even when you have received appropriate treatment. For a car accident victim in Arizona, the requirements to address their medical treatments often extend well into the future and can be prohibitively expensive for a victim who was not at fault for the accident. This is why personal injury law allows victims and surviving family members to pursue personal injury claims with the help of an experienced attorney.

Determining Who Is at Fault for a Car Accident

Legal claims from motor vehicle accidents are usually governed by the law of negligence. People who operate vehicles must exercise “reasonable care under the circumstances.” Failure to use reasonable care is considered negligence. As with other types of accidents, the driver at fault in a traffic accident is the one who was negligent.

Courts look to a number of factors in determining negligence, such as:

  • Disobeying traffic signs or signals
  • Failing to signal while turning
  • Driving above or below the posted speed limit
  • Disregarding weather or traffic conditions

Contact Brad Johnson Injury Law for Help

Consulting with a lawyer is a valuable exercise because it can reveal your eligibility to pursue an injury claim and may help you figure out your next steps. If you think your injuries from an accident were severe, we’re here for you- call Brad Johnson Injury Law today to learn more about Arizona auto accident recovery.

Filed Under: Uncategorized Tagged With: Drunk Driving, Reckless Driving, Vehicle Accidents

Treating Dog Bites

November 6, 2015 by Brad Johnson

Treating dog bites may not be something you have to do regularly, but if you or someone you love has been bitten, you need to know what to do. While this article is not intended to replace advice or care from a medical professional, it may help you determine if you need to seek dog bite treatment and whether or not it makes sense to contact an attorney.

When it comes to treating dog bites, the first thing you should do is check for broken or punctured skin. If the bite hasn’t broken the skin, you may not need to seek any medical attention. If the skin has been broken, however, you need to evaluate the severity of the wound to determine how it should be treated.

Minor Dog Bite Wounds

In situations where you do not know the dog’s rabies status, you should consult a doctor right away. If the bite barely broke the skin and you know the dog was up-to-date on its rabies vaccination, you probably do not need to seek medical treatment. For these types of wounds, start by cleaning it thoroughly with soap and water and then apply an antibiotic cream and bandage.

After treating the cut, be sure to keep a close eye on it to make sure you don’t develop a dog bite infection. Consult a doctor immediately if the pain increases or the area begins to look red or swollen, or starts oozing.

Serious Dog Bite Abrasions

If your dog bite has badly torn the skin and created one or more deep puncture wounds, you will need to see a doctor right away. First, try to stop the bleeding by applying direct pressure to the wound with a clean cloth or bandage. Next, call your doctor, go to an urgent care facility or visit your local emergency room for evaluation and treatment.

Dog Bite Treatment

A doctor will determine if the bite damaged any tendon, nerves or even bones, and will carefully and thoroughly clean the wound. Sutures (stitches) may or may not be used depending on the location of the injury. Very deep punctures may require plastic surgery – particularly for those on the face. It’s possible that your doctor may recommend a rabies vaccine or booster and/or a course of dog bite antibiotics to prevent an infection from developing.

When to Call an Attorney

It’s common to wonder if you should talk to an attorney after a dog bite. If you have any inkling that you may have a case, you should find a reputable dog bite injury attorney. Do not try and sue the dog owner yourself, as this is not efficient and may not get you the maximum settlement. Let an attorney guide you as to whether or not you have a claim and if litigation is necessary.

Contrary to what people often think, your attorney may not “aggressively go after” the dog owner or try and have the dog euthanized right off the bat. In dog bite injury claims, it is ideal to resolve it without going to court, but your attorney should be able to advise you on the best course of action for your particular situation.

Filed Under: Uncategorized Tagged With: Dog Bite Antibiotics, Dog Bite Infection, Dog Bite Treatment, Treating Dog Bites

El tratamiento de mordeduras de perro

November 6, 2015 by Brad Johnson

El tratamiento de las mordeduras de perro pueden no ser algo que tienes que hacer con regularidad, pero si usted o un ser querido ha sido mordido, lo que necesita saber qué hacer. Aunque este artículo no pretende sustituir el consejo o el cuidado de un profesional médico, puede ayudar a determinar si necesita buscar tratamiento mordedura de perro, y si es o no tiene sentido ponerse en contacto con un abogado.

Cuando se trata de tratar las mordeduras de perro, lo primero que debe hacer es comprobar si la piel rota o pinchada. Si la picadura no ha roto la piel, es posible que no tenga que buscar atención médica. Si la piel se ha roto, sin embargo, es necesario evaluar la gravedad de la herida para determinar cómo debe ser tratada.

Perro Menor Bite Heridas

En situaciones en las que usted no conoce el estado de la rabia del perro, usted debe consultar a un médico de inmediato. Si la mordedura apenas rompió la piel y usted sabe que el perro fue hasta a la fecha de su vacuna contra la rabia, es probable que no necesita buscar tratamiento médico. Para estos tipos de heridas, empezar por la limpieza a fondo con agua y jabón y luego aplicar una crema antibiótica y vendaje.

Después de tratar el corte, asegúrese de mantener una estrecha vigilancia sobre él para asegurarse de que no desarrolle una infección de la mordedura de perro. Consulte a un médico de inmediato si el dolor aumenta o la zona comienza a mirar roja o inflamada, o comienza rezuma.

Grave Dog Bite Abrasiones

Si su mordedura de perro mal ha desgarrado la piel y ha creado una o varias heridas punzantes profundas, que tendrá que ver a un médico de inmediato. En primer lugar, tratar de detener la hemorragia aplicando presión directa sobre la herida con un paño o un vendaje limpio. A continuación, llame a su médico, acuda a un centro de atención de urgencia o visitar la sala de emergencias local para su evaluación y tratamiento.

Filed Under: Uncategorized

Do I Have A Personal Injury Case?

August 6, 2015 by Brad Johnson

Before determining if you have a case, it’s important to understand what a personal injury is. In legal terms, personal injury describes an injury to the body, mind, or emotions. It does not include claims for property damages to items such as your home, car, or possessions.

Personal injury is typically the result of the negligence or carelessness of another person or entity. If someone sustains an injury from a car accident, dog bite, slip and fall, pedestrian accident, medical malpractice, or defective product and is not at fault, a personal injury claim may be filed to collect compensation.

Car Accident Injury

Car accidents are a very common type of personal injury case. If a person is injured in a car accident as a result of another driver’s negligence, the victim may be able to sue for damages. In addition to covering medical expenses, the injured driver may be entitled to compensation for vehicle damage, lost income, and possibly even emotional suffering.

Workplace Injury

Workplace injuries can be the subject of a personal injury case if the injury was sustained in the place of work and is directly related to working conditions. Even if your employer offers workers’ compensation insurance to help cover medical costs after an injury on the job, opening a legal case may be beneficial in situations of severe injury, as it may cover incalculable costs like pain and suffering.

Medical Malpractice Injury

Medical malpractice personal injury cases can be filed when there was negligence by a medical practitioner that resulted in injury or death. However, the victim has to prove that the injury resulted from some incorrect action or inaction by the medical professional.

Not sure if you have a personal injury case worth pursuing? If you are dealing with an injury because of someone else’s negligence, it might be a good idea to talk to an experienced injury attorney.

Filed Under: Personal Injury Tagged With: Do I Have a Personal Injury Case, Personal Injury Case, What Is a Personal Injury

What Determines Slip and Fall Settlement Amounts?

July 23, 2015 by Brad Johnson

Slip and fall injuries can happen just about anywhere. A wet bathroom floor at the mall, an icy store sidewalk or a slick grocery store aisle where something has spilled. Maybe you’ve been injured in a similar scenario and are considering a slip and fall lawsuit. If so, it can be tough to decide whether you should pursue a case or not.

Your first question may be, “What are average slip and fall settlement amounts?” While each slip and fall case is unique, there are certain factors that go into deciding a settlement.

The first thing to consider is if you should settle out of court. It is the easiest and least expensive way to cover your damages, but you may not get as much as you deserve. If it is not possible to come to an agreement or aren’t sure if your offer is fair, it’s a good idea to look into retaining a reputable personal injury attorney.

It is not possible to determine how much your case will be worth upfront because a jury makes that final decision. Every slip and fall case and its jury are different and unique, so it’s not really possible to predict a range of compensatory damages. Slip and fall cases run the gamut. For example, a New Jersey man sued Perkins Restaurant when he slipped on ice and fell in the parking lot in 2007. In 2011, according to The New Jersey Herald, he was awarded $1.9 million for that injury. This was just one particular situation where the victim was very badly injured and had $250,000 in medical bills, but it shows these cases can sometimes be very serious and it’s best to speak with a lawyer right away.

Medical Bills

Your medical bills are a fairly objective starting point for your claim because they are easily calculated. So this is where any settlement would begin. It takes into consideration not only past medical bills, but current and future expenses (such as physical therapy) you are faced with as a result of your accident.

Pain and Suffering

This is a highly subjective area which makes it impossible to pin down to actual figures. It usually begins with the amount of your medical bills. From there, the jury may be asked to consider a wide variety of other elements. For example, if you were a competitive horseback rider prior to your accident and now you can no longer ride, you have lost more quality of life than a person who is more sedentary. This would be considered pain and suffering and impact your slip and fall settlement.

Lost Income (Past and Future)

If your injury caused you to miss work, those numbers are easy to calculate into your settlement. But what if your injury prevents you from returning to the same type of work? Then the jury needs to take into consideration the cost of new job training as well as any changes to your future income.

It really is impossible to even give a range of what slip and fall settlements might win. You must take into consideration how much your medical bills are, how much work you’ve lost and how the injury will impact your future quality of life, and then decide if your case is worth pursuing. Consulting a reputable personal injury attorney is an excellent way to find out if your case is something that should go to court.

Filed Under: Personal Injury Tagged With: Slip and Fall Lawsuit, Slip and Fall Settlements

Do I Need a Wrongful Death Attorney?

July 20, 2015 by Brad Johnson

What is “Wrongful Death”?

Wrongful death is when an individual loses his or her life because of the willful or negligent act of another. A wrongful death lawsuit describes a civil action in which damages are sought against a party for causing a death, typically when criminal action has failed or is not attempted.

Some common types of wrongful death cases include:

  • automobile accidents
  • fires
  • construction accidents
  • murder
  • nursing home abuse
  • and many more

Are you trying to decide whether or not to sue or hire a wrongful death attorney?

If so, there are two preliminary questions to consider before speaking with a wrongful death lawyer:

1. Are you legally allowed to sue for wrongful death in the state of Arizona?

Each state lays out its own guidelines for who can and cannot sue in this type of case. In Arizona, you may file a wrongful death suit if you are:

  • The surviving spouse or a child of the decedent.
  • The parent of the deceased if he or she was a minor child.
  • You are the personal representative of the decedent’s estate, however, you may not sue for your own personal gain.

You can only sue for the benefit of the estate and/or surviving family members.

2. Did the defendant’s wrongful conduct create a natural, direct series of events that led to the injury?

According to wrongful death law, the acts of omission of the defendant must have been the proximate cause of the decedent’s injuries and death. For example, did the deceased have an accident in an employee vehicle that was not properly maintained? Or maybe the deceased was gravely injured in a fight with the defendant and those injuries led to his/her death. There are countless ways a wrongful death may have come about, but it’s important to determine whether or not the death was due to someone else’s negligence or willful act.

Contact Wrongful Death Attorney Today

Do you need to hire a wrongful death attorney? Attorney Brad Johnson covers methods to maximize your settlement value. Call us today at 602-598-5694 to discuss your legal options through a free consultation.

Filed Under: Personal Injury Tagged With: Wrongful Death Attorney, Wrongful Death Law, Wrongful Death Lawyers

Who is at Fault in a Car Accident

June 15, 2015 by Brad Johnson

When a person is involved in a car accident, one of the first questions they consider is “Am I at-fault?” That’s an important question, because the answer could affect insurance premiums and possibly the status of their driver’s license. Determining whether it’s a “not-at-fault” accident is not a simple equation because many factors can play a role, including witness testimony, photos or video of the scene, comments made by the drivers and traffic citations issued.

Are Your at Fault in the Accident?

Not sure if yours was a no-fault car accident? Here are a few things to consider.

Were You Issued a Ticket?

If you were issued a citation for violating a traffic law, such as running a red light, making an illegal turn or speeding, chances are you will be considered at-fault for the accident.

What Are Witnesses Saying?

If there are witnesses to the accident, what is their story? Finding out what they saw can help you determine if you will be considered at-fault.

Was It a Rear-End or Left-Hand-Turn Accident?

Most of the time, the person who struck the vehicle in front of them is considered at-fault in a rear-end collision. There can be exceptions, of course, but this is a good rule of thumb. Similarly a left-hand turn accident is generally deemed the fault of the driver making that left turn, unless the other person violated a traffic law.

Did You Say Anything Incriminating at the Scene?

Sometimes in the chaos following an accident, a driver may admit guilt (directly or indirectly). Police officers are trained to pay attention to what drivers say and look for comments like “sorry I hit you!” or “I didn’t even see you there.” These types of offhand comments could help place you at fault in an accident situation.

Do You Need a Personal Injury Attorney?

Whether yours was an at-fault or no-fault car accident, if you sustained any type of bodily injury (even a minor one), you should call a car accident injury attorney right away. Some unscrupulous insurance companies will take advantage of unrepresented accident victims – talking them into very small settlements before they have a chance to consult an attorney. That’s why it’s very important that you speak with an attorney about your case and find out whether or not they can help you. A good attorney will be completely honest and tell you if you have a case or not. Then you will have all the information you need to proceed.

Filed Under: Uncategorized Tagged With: Car Accident Injury Lawyer, No Fault Car Accident

What to Expect From a Dog Bite Settlement

June 8, 2015 by Brad Johnson

If you’ve recently been the victim of a dog bite, you may be looking for a dog bite attorney. But what can you expect from a dog bite lawsuit and settlement?

Find an Attorney

The first step in any dog bite lawsuit is finding an experienced personal injury attorney to handle your case. Dog bite law is a combination of city, county and state law, so you’ll need help navigating this territory and understanding your rights. It’s important to find an attorney who has plenty of experience with dog bite cases and has had success winning cases similar to yours.

Evidence Gathering

Once you’ve retained a good personal injury attorney, the next step will be to gather evidence for your case. This could include your personal account of what happened as well as eyewitness accounts, any medical treatment records, photos of your injury, photos of the scene, photos of the dog, the dog’s history and vaccination records, you’re medical bills, and any other pertinent information. The attorney will need your help gathering all of this information.

Litigating Your Case

Most dog bite lawsuits never get to court. They are usually settled through negotiations between the victim and the dog owner. Typically an attorney will start with a letter to the dog owner stating your intent to file a lawsuit, the evidence you have, your medical bills and your request for financial restitution. If the owner agrees to pay your requested amount, you’re finished. If the owner refuses, the matter will have to be taken to court.

General Settlement Amounts

Dog bite lawsuit settlements can vary greatly and there are no minimum or maximum compensation laws. The settlement amount isn’t always a direct reflection of the amount of medical costs incurred. There are many things that go into the settlement calculation, including loss of work, long-term medical issues, mental anguish and other variables.

Filed Under: Uncategorized Tagged With: Dog Bite Attorney, Dog Bite Lawsuit Settlements, Dog Bite Settlement

Tips for Filing a Car Accident Insurance Claim

May 11, 2015 by Brad Johnson

There is debris on the ground and the car is in shambles. Once the smoke clears, all of the real questions begin to creep in.
Was the car accident my fault? Is anyone injured? Is my car totaled? Do I need a car accident lawyer? When should I file a car accident insurance claim?

If you or a loved one has been in a car accident, consider these guidelines on when and how to file a car insurance claim.

When to File

Things get hectic after an accident. Make sure everyone in the area is safe and begin collecting any information you can about the vehicles, drivers and insurance related to the accident. Take pictures of the damage of each car and call the police to file a report. Once you are safe and out of the situation, contact an accident lawyer to help you set up your claim.

Information You Will Need

Depending on the circumstances of the incident, your car accident attorney may need additional information. At the minimum, you will probably need:

  • Information about your insurance and policy
  • Date and time of the accident
  • Names and contact information of all drivers
  • Passengers and witnesses
  • Your driver’s license and plate number
  • The police report

You may also be required to conduct a statement detailing the events that led up to the collision. Keep notes and document photos on any circumstantial factors that may have influenced the accident, such as weather or driving behaviors.

Were You Injured?

Car accident claims are vital to collisions where significant damage has been inflicted to the vehicles involved, but claims are equally as important when there has been bodily harm or permanent injury.

When injuries are involved, there is a lot at stake and chances are, the other driver will hire car accident attorneys as well. As medical payments add up, hiring a professional accident lawyer becomes increasingly important.

For more information on car accident cases and how to file an insurance claim on a car accident, contact Brad Johnson Injury Law.

Filed Under: Uncategorized

Texting While Driving Causes Fatal Crashes

July 14, 2014 by Brad Johnson

Texting while driving is dangerous. So dangerous in fact, that of the fatal crashes caused by distracted drivers in 2012, sadly 3,328 people died. Mobile use is now the leading cause of death behind the wheel.

Because of this fact, Volkswagen recently produced a progressive commercial to encourage drivers not to text while driving. The goal of the ad is to help build awareness of this very well known problem by the personal injury law industry. They showed the commercial in a movie theater in Hong Kong and the message is powerful.

Also in 2012, the U.S. government estimated that 421,000 people were injured by distracted drivers. These numbers are staggering and clearly show the value in encouraging drivers not to text while driving. The government stated that 10% of drivers under the age of 20 involved in fatal crashes were reported as distracted at the time of the crash. On average, one text causes the person to look away from the road for five seconds. Therefore, if you’re driving at 55 mph that’s like driving the length of a football field blindfolded.

Statistics also show that at any given moment in America, about 660,000 drivers are using cell phones and just reaching from a phone or other device increases the risk of getting into a crash by three times.

Keep Your Eyes On The Road To Avoid Fatal Crashes

Here at Brad Johnson Injury Law Personal Injury Law, we understand the emotional and financial damage a car accident can do, let alone if they are fatal crashes. Our firm has committed to putting our phones away when getting behind the wheel. We strongly encourage you to as well for your safety and the safety of others. If you, a family member or a friend have ever been injured by driver texting, please don’t hesitate to call us for free advice.

Filed Under: Uncategorized Tagged With: Car Accident Injury, Fatal Crashes, Texting

Where to Obtain Loaner Medical Equipment after a Crash

March 19, 2014 by Brad Johnson

“Wow, I wish I knew about this when I was recuperating from my accident.”

The Southwest Lending Closet is one of those resources, when you learn what they do, you’ll be saying just that.
Simply put, they loan medical equipment free of charge to people in need. Things like wheelchairs, walkers, shower chairs, crutches, canes; many of the things people need for a short time after they’ve been injured.

Like 65-year-old Virginia of Avondale who needed a wheelchair and several other items after a foot injury: medical supplies she couldn’t afford. Southwest Lending Closet loaned her what she needed at no cost.

Many people borrow from their neighbors and family. Some must rent or buy equipment, not knowing if they’ll get reimbursed by their insurance company.

Without the Avondale nonprofit’s help, Virginia would’ve had to rent or buy. But she didn’t run out of luck. Thanks to Southwest Lending Closet, Virginia got what she needed for free. Like so many other Arizonians in need.

Our donation this month is helping this 14-year-old nonprofit buy equipment and expand their service. In 2013 almost 5000 people borrowed equipment at no charge, saving almost $450,000 in equipment rental costs. That’s almost a third more people than they were able to help the year before.

The way the organization works is simple. They will loan anyone in need (no qualifying) any of the equipment they have for up to 90 days free of charge.  The only thing they ask is that you pick it up and return it, as they cannot deliver.

Do you know someone in need?

The Southwest Lending Closet is located at 218 N. Central Avenue in Avondale and is open Monday through Saturday. Please call 623-932-1016 before visiting, as their hours are limited and inventory changes daily. Or visit their website: www.southwestlendingcloset.org

Do you want to get involved?

They are completely staffed by volunteers and are always in need of people’s time. You can also donate money and items: www.southwestlendingcloset.org/Volunteer___Donate

Do you have a favorite charity you want us to support?

Tell us about them by leaving a comment below. Make sure you give us contact information and tell us why

Filed Under: Uncategorized

The Ryan House: Charity for Children in Need

February 25, 2014 by Brad Johnson

A catastrophic, permanent injury or condition is a tragedy for a child, AND for the other members of their family. Supporting the many people affected by just one accident is the focus for February.

Our February donation goes to Ryan House, a local Arizona charity that helps children with life-threatening conditions AND their families. Ryan House provides respite, palliative and end-of-life care for those families with a child 16 years or younger, diagnosed with a life-threatening condition and who could benefit from an overnight short-term respite stay. Like the Claytons (not their real names, but their story is true).

Their 3-year-old Annalise and 5-year-old Bryce have a rare form of Leukodystrophy, an incurable neurological disorder. Tammy and John Clayton had to quickly adjust their lives to manage their children’s’ conditions with 24/7 care while still raising their three older children- Spencer, 8, Jacob, 10, and William, 11.
A stay at Ryan House gives the Claytons a chance to share time as a family without having to worry about giving medicine or preparing special foods.

“The Care Team takes over Bryce and Annalise’s care,” Tammy said, “I can spend time snuggling and playing with them as a mom instead of caregiver. Ryan House has also helped our older boys realize they are not alone in having siblings with special needs. John and I have also become very close friends with some of the other parents that we have met.” Annalise loves the playground and the fact that she is able to go up on it in her walker all by herself. Bryce loves to be outside and chase his brothers as they ride the power cars around the playground. They both love the dogs that come to visit, the pool and the sensory room.”

Join us in supporting Ryan House

This month we’re supporting Ryan House’s one-on-one activities for siblings. Activities include hydrotherapy and therapeutic play guided by a Child Life Specialist, even things as simple as tickets to an event or activity. Simply put, we’re helping Ryan House provide much needed support and attention for the siblings; the “forgotten mourners”.

Do you know someone in need?

Families are never charged a fee to utilize the services available. Each child is looked at individually for their unique needs and qualifications. Families may be asked to provide a medical history and a physical by the child’s Primary Care Physician. To learn more about qualifications, contact: 602-200-0767 or info@ryanhouse.org

What you can do

You can support Ryan House with your money, your time and even in-kind items (from C batteries to pantry items and paper goods).
Contact: 602-200-0767 or www.ryanhouse.org/donations-support/volunteer

Do you have a favorite event or organization you want us to support?

Nominate a local Arizona 501(C3) organization or church doing good in Maricopa County. Give us information below by leaving a comment. Include a contact name and phone, along with why you feel we should lend support.

Let’s do more together! With your help, we can!!

Filed Under: Uncategorized

HEAL: The Happy Ever After League Supports Mothers Battling Cancer

January 23, 2014 by Brad Johnson

I became an attorney because I wanted to fight for the underdog. Helping good people go up against insurance companies has helped me do just that.

Now we want to start making a difference, with your help, in other areas of people’s lives.

Each month we’ll tell you about a resource, event or organization that is doing good things in the community — one that we have supported. This first time (here) we’ll tell you about an organization we have supported for more than 10 years: HEAL.

But for the months ahead we’ll count on you to nominate the events and causes.

To nominate a cause:

  • Leave a comment at the bottom of this page.
  • Tell us what the cause is, why you want us to support it and the name and contact information of someone inside the organization we should talk to.
  • The more information you can give us, the better.

heal logo3

This month’s cause. . .

Happily Ever After League (HEAL) is a local Arizona non-profit 501(c)3 organization that was founded in 2004. Their mission is to provide support for mothers living in Arizona who are recovering from any type of cancer with at least one dependent child living at home.

HEAL offers a variety of programs that provide financial assistance and food year-round, as well as additional support during the holidays.

Our donation of $1,000 was part of many generous donations that helped 89 children have a happier holiday by paying for food and gifts they otherwise would not have received.

We have supported HEAL for the past 10 years and Brad Johnson, a partner in our firm, has served as an adviser to HEAL’s board for much of that time.

If You or Someone You Know Needs Help

HEAL helps mothers with any type of cancer in active treatment, whether single or married, with at least one dependent child living at home. The greatest need of each mom is determined by the recipient and a HEAL staff member. HEAL can help with:

  • Grocery Costs
  • Gas/Travel Costs
  • Utility Expenses
  • Medical Costs

To apply for assistance call (480) 275-0613 or email: happilyeveryafterleague@yahoo.com

How You Can Help

Volunteeryour time to help with events, fundraising or light maintenance at the HEAL House, volunteer@happilyeverafterleague.org.
Volunteer your money or services. You can make a donation on the website (www.happilyeverafterleague.org) or email happilyeverafterleague@yahoo.com.

Remember, we need your help for next month

  • Leave a comment below to tell us what cause you want us to support next month.
  • Tell us why you want us to support it and the name of someone inside the organization we should talk to.
  • The more information you can give us, the better.

Thanks! Tune in next month to learn about another great organization!!

Filed Under: Uncategorized

4 Ways to Get the Most Out of Your Claim

August 14, 2013 by Brad Johnson

At Brad Johnson Injury Law, at minimum, there are four goals that we try to meet in every accident and injury claim—whether it’s a strain sprain case to the neck or back or there are multiple fractures that require surgery.

First and foremost we want to make certain that our client has reached maximum medical improvement and their physical condition has improved before a claim is formally resolved and a release is signed.

An accident injury victim is only entitled to one settlement and once the settlement is reached, they cannot go back for more treatment and try to reopen the case at a later date.

Our philosophy is to be safe rather than sorry later on. Our second goal is to make sure that our client’s debts are all paid and they leave the process without owing any money. There’s absolutely no reason why any accident injury victim should be left in a worse financial position than what they were prior to the incident particularly since the accident was not their fault.

Our third goal is to try to maximize the settlement of the claim and put as much money in our clients pocket as possible.

Now having said that we do not know what the value of the claim is at the beginning of the case. There are several factors that we take into consideration when evaluating a claim and many of those factors we’re not aware of until our client has completed their treatment and we have all the medical evidence in front of us. Those factors include the nature and extent our client’s injuries, the medical bills that they’ve incurred, how long they’ve treated for their injuries, how consistent they are with their treatment, the amount of damage to the vehicles and also we take into consideration whether there is any permanent injury.

Our final goal is to alleviate any stress of having to deal with the insurance company. We always advise our clients that if an insurance company does call after we start representing them we do not want our client to talk to the insurance company at all regarding how the accident happened or about their injuries.
If the insurance company asked to take a look at our client’s vehicle we have absolutely no problem with that but having said that we also would recommend that our client take their vehicle in for an independent estimate.

Watch our video to learn the four goals we have to ensure you get the most out of your claim. If you are injured or have questions, please call us for a free consultation.

Filed Under: Uncategorized

How Long Does a Personal Injury Case Take?

August 13, 2013 by Brad Johnson


Curious about the amount of time it takes to settle your personal injury or accident case? Then watch our video to learn the differences and the amount of time it will take. If you are injured or have questions, please call us for a free consultation.

Filed Under: Uncategorized

Should My Insurance Company be Involved with an Accident?

August 13, 2013 by Brad Johnson


If you aren’t sure if the insurance company should be involved in your accident or injury claim, then watch our video to learn what the experts think about it. If you are injured or have questions, please call us for a free consultation.

Filed Under: Uncategorized

Attorney Costs Explained

August 13, 2013 by Brad Johnson

Understanding Attorney Fees

In order to avoid confusion, it is necessary to discuss how the prospective lawyer bills for their services. In this uncertain time, you do not want to be surprised. In the first meeting, be sure to establish what you are willing to spend in order to have your case resolved. When shopping for an attorney, ask to explain their charges and any expected fees. It is important to understand their fee schedule if the case is won or not. Most attorneys are willing to provide a written estimate with a scope of their charges.

Contact Injury Attorney Today!

Do you need to hire an injury attorney? Personal Injury attorney Brad Johnson covers methods to maximize your settlement value. Call us today at 602-598-5694

to discuss your legal options through a free consultation.

Filed Under: Uncategorized

What to Do When Your Car Is Not Drivable

August 13, 2013 by Brad Johnson


If you’ve been in an accident and your car is not drivable, then watch our video and follow our steps to ensure you are taken care. If you are injured or have questions, please call us for a free consultation.

Filed Under: Uncategorized

What To Do When Your Car Is Not Drivable

August 13, 2013 by Brad Johnson

If you’ve been in an accident and your car is not drivable, then watch our video and follow our steps to ensure you are taken care. If you are injured or have questions, please call us for a free consultation.


TRANSCRIPT
If your car is repairable, check your auto insurance policy for rental car coverage.

Your insurance company may direct you to a rental car company. We can suggest a rental shop or a repair shop that may be able to arrange for a rental car. If another vehicle hit you and that driver has insurance, it’s possible that the driver’s insurance may cover the rental cost. However, this could take several days. The adverse insurance companies typically will not authorize a rental car until they’ve spoken with their insured and reviewed the police report. And make sure that their driver is the one at fault. If your car is in storage yard, it’s important to get it out of there. Arizona Law is clear that even if you are not at fault for the accident, you must take steps to mitigate your damages. If the insurance company declares your vehicle a total loss, the same basic advice applies.

Brad Johnson Injury Law 877-96-LEGAL

Filed Under: Uncategorized

Will an Injury Accident Cost Me Anything Upfront?

August 13, 2013 by Brad Johnson


If you are worried about having upfront costs or fees after your accident or injury, then watch our video to learn why you won’t have any. If you are injured or have questions, please call us for a free consultation.

Filed Under: Uncategorized

The 4 Ways We Help You Get The Most Out of Your Claim

August 13, 2013 by Brad Johnson


Watch our video to learn the four goals we have to ensure you get the most out of your claim.

If you are injured or have questions, please call us for a free consultation.

Filed Under: Uncategorized

Sour Truths for Law Students and Aspiring Lawyers

May 4, 2013 by Brad Johnson

Brad Johnson agrees, “It’s unfortunate that our future lawyers have to face this truth but it is important for them to keep it in mind when considering law as a career. Make sure it is your passion and consider specializing.”

A Message to Aspiring Lawyers: Caveat Emptor

By CHRIS FLETCHER

There is a crisis in law-school education, but don’t expect the institutions to tell potential applicants about it. In short, there are far too many graduates for the number of jobs available, and the majority of those who get jobs are not being paid nearly enough to service their debt.

Nationally there are twice as many graduates as there are jobs. The Bureau of Labor Statistics estimates that the economy will provide 21,880 new jobs for lawyers annually between 2010 and 2020; law schools since 2010, however, have produced more than 44,000 graduates each year. Yet schools continue to enroll more students than the market demands and to raise tuition faster than inflation. The result is exploding debt loads for current students and graduates whose employment prospects are appalling.

To be sure, the employment prospects for Americans across a broad swath of society have been grim in recent years. But the legal profession has clearly lost any reputation it might have once had as a safe, prosperous haven in troubled times.

I graduated in 2011 and am one of the “lucky” ones. Within six months of graduation, I secured a job in my area of interest, international human rights. My class entered the worst American job market in 18 years—only 56.7% of law graduates found full-time jobs lasting at least a year and requiring passage of a bar exam.
For many new hires, even finding a job with a law firm might not be quite the cause for celebration it once was. According to the American Bar Association, the average amount borrowed by students attending private law schools has gone up 78% in the past decade, to $124,950 in 2011 from $70,147 in 2002. However, these loan figures don’t reflect the true burden. With the average interest rate on federal loans for graduate students at 8%, which starts to accrue while the student is still in school, the typical law graduate often holds debt in excess of $150,000 by the time repayment begins.

Making matters worse: Salaries have plummeted, with the mean private-practice compensation today, $78,653, falling 16% from where it was in 2009 ($93,454), and 8% from 2002 ($85,518). The dramatic increase in law-school tuition—which has increased 434.8% at private schools since 1985—coupled with the decrease in jobs and salaries prompted James G. Leipold, executive director of the National Association for Law Placement, to describe the current entry-level job market as “the weakest . . . that NALP has measured in nearly 40 years of doing this work.”

In my case, although I found employment, my finances are precarious. With $169,000 in law-school debt and an annual salary of $55,000 (which is within the average range for a small firm), I cannot start paying off my debt in a responsible and timely manner, much less afford to have a wedding, start a family, buy a home, etc.
To address this problem, some law schools have started loan repayment or forgiveness programs providing money to offset loan debt for graduates who go into public service. Some programs offer real help; others, as in my case, do not. I applied and received $500 to go toward my 2012 payments, an amount less than the $970 monthly interest accruing on my loans. My alma mater, Northeastern University, says it wants to make “public interest practice debt-free for our graduates,” but clearly it is falling far short of that aim.

If this is my experience, then what about the graduates who are relatively not as “lucky,” those with low-paying jobs not in their area of interest? Or those floating between temporary jobs? Or worse, those like my law-school friend and other similarly situated graduates who now rely on government assistance because they cannot find a job and their debt is too crushing?

An especially worrying result of all this is that law graduates will be discouraged from providing services to the millions of middle-class and indigent Americans who need but cannot afford legal assistance. Many graduates aspire to meet this need, but high debts make taking such jobs—even if available—financially untenable.
One wishes that moral suasion would prompt law schools to alter their ways—admitting fewer students, making tuition less ruinous—but change is likely to come only through financial pressure when enrollment drops significantly. That day may not be far off. Given current conditions, prospective law-school students would be wise to start off the new year with a resolution to think twice about applying.

Mr. Fletcher is an international human-rights attorney.
Link to article >> https://www.wsj.com/articles/SB10001424127887323320404578213223967518096

Filed Under: Uncategorized

Brad Johnson Injury Law Partners with R&R Refrigeration

February 27, 2013 by Brad Johnson

Recently, Brad Johnson Injury Law partnered with R&R Refrigeration for a local community event. This is what R&R Refrigeration was extremely grateful for the donation, and this is what that had to say about it:

“Thank you thank you from all of us! We are excited that you have joined this Amazing Community Event, “Art is Alive!” as a Corporate Sponsor! Brad Johnson Injury Law, thank you for your continued vision in giving back to your community and the arts as well as touch the lives of children and teens! R&R Refrigeration, just like Brad Johnson Injury Law, are focused on what’s important! For this, I thank you for your heartfelt donation and participation in this grand event!” – Mindy Rodriguez, Service Manager

Brad Johnson Injury Law is proud to be a part of the local community and be partners with R&R Refrigeration.

Are You Looking For an Injury Attorney in Phoenix?

We are confident we can get you the compensation you are entitled to! We take the stress out of the personal injury process so you can just focus on getting better. Do you need to hire a personal injury attorney? Brad Johnson Law Firm covers methods to maximize your settlement value. Call us today at 602-598-5694 to discuss your legal options through a free consultation.

Filed Under: Uncategorized

Are You the Type of Person Who Sues?

August 3, 2012 by Brad Johnson

This is a line I hear from many of our clients in the beginning stages of a claim. When you are injured in an accident, which was not your fault, you are entitled to make a claim (aka sue) against the third-party insurance company. The “third party insurance company” is the at-fault party’s insurance carrier. Most Brad Johnson Injury Law cases settle outside of the courtroom, directly with the third party insurance carrier. Never feel guilty for seeking the benefits to which you are entitled. Insurance benefits, whether auto or health, are called “benefits” for a reason. They are to protect you and provide assistance when an accident or injury occurs.

Our staff is here to serve you and will make the claim process extremely simple. At Brad Johnson Injury Law we are on a first-name basis; ‘Mr. Johnson’ here, just ‘Brad’. We like to make our clients feel at ease and know they can call us with any questions or concerns they may have without hesitation. We are people just like you and are here to help you through this process. Once you hire Brad Johnson Injury Law your only “job” is to be treated by your doctors until you are healed and let us handle the rest!

Filed Under: Personal Injury Tagged With: Accident Claim, Accident Injury, Insurance Benefits, Lawsuit, Settlement, Sue

The Importance of a Designated Driver

May 5, 2012 by Brad Johnson

Anyone who’s been arrested for an Arizona DUI can tell you that the state doesn’t play when it comes to such offenses.

Arizona is one of the strictest states when it comes to DUI laws. If convicted, you face fines, jail time, you must have an ignition lock device installed on your car, and much more. For that reason, you’ll want to avoid drinking and driving altogether.

An Arizona DUI can cost you lots of money, can cost you your freedom, it can cause you to lose your job and it can tarnish your reputation. That’s not to mention that a conviction could put a felony on your record for life. Don’t let this happen to you. Instead, find a designated driver if you’ve been drinking.  Don’t get behind the wheel.

Most drivers, when charged with a DUI, automatically consider their potential loss of freedom, employment and reputation. They don’t consider that they could have injured or even killed someone. Your reaction time is considerably slower whenever you’ve been drinking alcohol.

Even if you’re just buzzed, you can still get into an accident and cause injury to someone. That can change your life forever. You will face fines, prison time, probation and the guilt in knowing that you changed a life forever, or ended it, just because you didn’t get a designated driver.

The above examples should be reason enough to secure a designated driver when you’ve been drinking. The problem is that most people think they’re fine when they’ve been drinking. That kind of thinking is a symptom of impairment.  Don’t be one of these people. Call a designated driver before you start drinking so that you can keep yourself and others safe, and you can avoid getting a DUI in Arizona, where they like to make examples of impaired drivers.

Filed Under: Uncategorized Tagged With: Arizona DUI, Designated Driver, Drunk Driving Laws

Sentencing Guidelines for Marijuana Possession in Arizona

November 30, 2010 by Brad Johnson

As you probably know, the use of marijuana for medical reasons has been approved by Arizona voters. This does not mean that you have free reign to possess the illegal drug, nor does it mean that the state’s laws against possession have become any more lenient.

Arizona Marijuana Drug Sentencing Penalties

Ever wonder what you should expect if you’re discovered to be in possession (not for sale) of marijuana by a member of Arizona’s law enforcement? Here’s a breakdown:

Amount –> Severity –> Incarceration –> Fine
Less than 2 lbs. –> Misdemeanor or felony –> 6 months – 2 years –> $750 – $150,000
2 lbs. – 4 lbs. –> Felony –> Up to 2 years –> $750 – $150,000
4 lbs. or more –> Felony –> 1 year – 3.75 years –> $750 – $150,000
Near school or bus –> Felony –> Additional 1 year –> $2,000 – $150,000

If you’re convicted of personal possession or use of marijuana, you are eligible for probation and the court is required to suspend the imposition or execution of the sentence. While on probation, you must participate in an appropriate drug treatment or education program and may be required to attend a more stringent treatment program and serve one year in jail for a second offense.

If convicted of a third or subsequent offense, you are not eligible for probation. You must also submit to urine drug tests as a condition of your probation. Of course, if you have a medical prescription, and a small amount of marijuana, you are exempt from the above.

If you’ve been charged with marijuana possession without a prescription, the attorneys at Brad Johnson Injury Law can answer your questions during a free initial consultation.

Filed Under: Uncategorized

Simple Assault Penalties in the State of Arizona

November 24, 2010 by Brad Johnson

So, you’ve just finished a nice dinner out with your family and while walking to your car a stranger approaches you and asks for change. You reply that you are empty-handed, but the person insists you must have some money. Feeling tired and annoyed, you engage in a verbal confrontation, pushing the stranger so he will leave you alone. As a result of your push, the stranger stumbled, fell to the ground, and cuts his arm. Now what?
It’s important to know that simple assault charges in Arizona are taken very seriously and the punishment increases with the severity of the assault, as well as the number of convictions you’ve had.

A misdemeanor assault (as described in the story above) is punishable by up to one year in prison, along with a $2,500 fine.

Level of assault is specifically defined as:

  • Intentionally, knowingly or recklessly causing any physical injury to another person; or
  • Intentionally placing another person in reasonable apprehension of imminent physical injury; or
  • Knowingly touching another person with the intent to injure, insult or provoke such person.

Additionally, endangerment can also be classified as a misdemeanor in Arizona. This includes a situation where a person’s actions recklessly endangering another person with a substantial risk of physical injury.

It’s important to know how Arizona law enforcement may react to your actions. Instead of taking physical action against a stranger or anyone, call 911 immediately and get you and your family to a safe location until help arrives.

Consult an Attorney:

If you find yourself in the unfortunate circumstance of having committed an assault, contact the attorneys at Brad Johnson Injury Law for a free consultation. We protect YOUR rights. – T. Jacobs

Filed Under: Uncategorized Tagged With: Assault, Criminal Defense Attorney, Criminal Defense Lawyer, Misdemeanor Assault

Muscle Pain From Car Accidents

November 10, 2010 by Brad Johnson

Whiplash is defined as “an injury to the cervical spine caused by an abrupt jerking motion of the head, either backward of forward.” Whiplash occurs when the head and neck are very quickly and abruptly thrust in one direction then back into the opposite direction. This can occur not only from car accidents, but also in contact sports such as football or soccer, slip and falls, or even a very sudden and vigorous sneeze.

Symptoms of whiplash affect your overall senses and body comfort. Symptoms might not occur for hours, days or even weeks after the accident. If you are involved in an accident, it’s important to follow up with your primary physician as soon as possible to see if any medical attention is needed.

Symptoms of whiplash include:

  • Headaches, head and neck pains, stiff neck, muscle spasms
  • Restricted head motion
  • Equilibrium problems, loss of hearing, ringing in the ears and eyestrain
  • Inability to concentrate, poor memory
  • Pain between the shoulders, low back pains, tremors, rapid heartbeat

Contact Car Accident Injury Lawyer

Do you need to hire an automobile accident lawyer? Attorney Brad Johnson covers methods to maximize your settlement value. Call us today at 602-598-5694 to discuss your legal options through a free consultation.

Filed Under: Uncategorized Tagged With: Auto Accident, Car Accident, Injury Compensation

Why Dog Lovers Need Insurance

November 2, 2010 by Brad Johnson

Dogs are one of life’s greatest pleasures. Their loving faces, wagging tails and incessant need to make you happy always puts a smile on your face. As a dog lover, you want to make sure that you and your furry family member are protected. While we love our pets and always hope for the best, their actions might cause problems, which can lead to messy lawsuits and expensive bills.

First, talk with your insurance company. Most homeowner’s insurance companies have a liability policy in place for dog bites. See what it would cover in case your dog bit someone and what sort of legal action can be taken against you. If you don’t have coverage, get it. Don’t admit any liability or offer to pay any expenses before you talk with your insurance company in the event of an incident.

Some insurance companies may require that your dog attend obedience training, similar to how insurance companies require new teenage drivers attend traffic school. This measure is done to help make sure that you have worked with your dog to prevent an incident from occurring. Obedience training will also help prevent accidents involving children and adults.

Take the necessary measures to insure that you, your family and your furry friend are protected from accidents.

Filed Under: Uncategorized Tagged With: Dog Attack, Dog Attack Laws, Dog Bite, Dog Bite Laws, Dog Bite Lawsuit, Dog Bite Victim, Dog Insurance

How Alcohol Affects your Behavior

October 27, 2010 by Brad Johnson

While deaths related to driving under the influence (DUI) are at record lows, there are still far too many deaths related to alcohol. A good night out can quickly lead to a night of terror, destruction and death. But when you are having that good time, how can you know how much is too much?

Legal Limit for Your Blood Alcohol Concentration

In all 50 states, the legal limit for your blood alcohol concentration (BAC) is .08. This is still too vague to know how much is too much, because a woman weighing only 120 pounds can reach .08 with only 2 servings of alcohol where a 180 pound man can reach .08 in 4. Let’s look at the science and feel of it all.

When you reach a BAC level of 0.020 a few subtle changes occur. At this level the body starts to relax and experience a decline in visual function and the ability to multi-task. While this BAC usually occurs with only one serving of alcohol – the equivalent to one shot of liquor or a five-ounce glass of wine or one beer – in an emergency situation reaction times can be slowed.

When you reach a BAC level of 0.050 you can experience exaggerated behavior, loss of small muscle control, an inability to focus your eyes quickly, impaired judgment, and a release of inhibitions. This can reduce your coordination behind the wheel, reducing your ability to safely operate a vehicle. This is especially true in a high risk or emergency situation.

Filed Under: Uncategorized Tagged With: Blood Alcohol Concentration

The Consequences of Drug Possession in Arizona

October 19, 2010 by Brad Johnson

Being charged for possession of drugs is a serious offense. The justice system is not easy to understand and can be stressful. When being faced with these charges, having a knowledgeable attorney can be the difference between freedom and jail.

The drug classifications in Arizona are: dangerous drugs, narcotics and marijuana.
A conviction for any of these can get you heavy fines and jail times.

Dangerous drugs include: LSD, methamphetamines, steroids, ecstasy, mescaline, lorazepam, hallucinogenic mushrooms, GHB and clonazepam
Narcotics are: heroin, cocaine, oxycodone, opium, morphine and more.

Marijuana is also known as weed or pot.

Drug Possession Penalties

Both Possession of Dangerous Drugs and Possession of Narcotic Drugs are class 4 felonies. A conviction for either can result in a prison sentence, jail time, and/or fines up to $150,000.00. Possession of Marijuana is a felony in Arizona and the class of felony is dependent on how much marijuana is being possessed. The more marijuana possessed, the higher the felony classification and the more prison time one could be sentenced to in addition to higher fines.

Just being arrested for possession of drugs, without being charged or convicted, can stay on your record making getting a job and other legal matters more difficult. The safest and smartest thing to do is to stay away from drugs and those using or possessing drugs so that you are not accused of being in possession or use of drugs.

Filed Under: Uncategorized Tagged With: Arizona Drug Conviction, Arizona Drug Laws

The Facts On Motorcycle Accidents

October 14, 2010 by Brad Johnson

Some people think that most motorcycle accidents are caused by the reckless behavior of the operator. The fact is that more than half of them that involved a fatality occurred when the motorcycle was hit by another vehicle.

The National Highway Traffic Safety Administration estimates that about 5,000 people are killed and tens of thousands more are injured each year in motorcycle accidents. When these deaths and injuries occur due the negligence or recklessness of another driver, the motorcycle operator will file a claim for the resulting personal injuries.

The first step is to visit a personal injury lawyer who has experience handling motorcycle accident cases. After going over the details of your case, he will be able to tell you whether or not you have a good case. If he takes the case, he will first try to negotiate a settlement with the insurance company of the other driver.
The majority of these accident claims result in a settlement. A settlement occurs when both parties agree on a certain dollar amount in exchange for the injured party agreeing to bring no further legal action.

If a settlement cannot be reached, a lawsuit can be filed.  In litigation you will need to prove that the other driver was responsible for the accident and that the injuries or losses that you suffered were the direct result of their negligence.

It’s important to choose an accident attorney with experience handling motorcycle accident cases and who has a proven track record of winning.

Filed Under: Uncategorized Tagged With: Arizona Motorcycle Accident, Motorcycle Accident Attorney, Motorcycle Accident Lawyer

Prepared to Handle the Road?

October 5, 2010 by Brad Johnson

We have all been through driving school, passed the driving test, practiced diligently, and purchased car insurance to protect us, but what else are you doing to keep you and your passengers safe in your car? With so many distractions and so many simple solutions, why not put some into practice.

  • Distractions cause accidents; there is just no way around it. We all have been next to or behind the person talking on their phone, texting or putting on make-up who is swerving all over the road. Don’t be that person, don’t get distracted.
  •  Before getting in the car make sure you are ready to go. Have your make-up on, tie tied, teeth brushed and hair combed. Make sure you have a few tools with you to not distract you as well. Have a wireless head set in the car.  Have a travel mug so not to spill as you go. And before pulling out of your parking spot set your radio, put in your CD or plug in your MP3 player. Trying to set this up while driving can be a serious hazard.
  •  Make sure you have your eyes checked regularly. Drivers who have difficulty seeing or suffer from headaches because of eye strain are more likely to get in accidents. If it is recommended by your eye doctor to wear glasses for distance, wear your glasses every time you drive.
  •  A lot of drivers fall victim to road rage. This is a psychological issue connected to what the driver is dealing with in their personal life. How do you avoid it? If you are the driver, take a few deep breaths and play soothing music.  If you witness this from someone else, let him or her pass you by. Engaging with someone by blocking them in, swerving in their way or engaging in hand gestures doesn’t make the situation better.

Our dependence on cars as a society has forced us to have to deal with people from different walks of life and situations on a daily bases. Endangering lives because of carelessness and foolishness is unnecessary, expensive and dangerous.

Filed Under: Uncategorized Tagged With: Accident Preparation, Arizona Car Accident, Traffic Accident

How To Choose the Right Criminal Defense Attorney

September 28, 2010 by Brad Johnson

No one is prepared to get arrested. No one is financially prepared to hire a lawyer. But, your life and freedom could be at stake. You need someone you can trust to represent your rights in court.

Choosing the right criminal defense attorney could be the most important decision you ever make. You need to take into account several areas of concern including:

Experience
Past Results
Fee Structure
Negotiation Skills

At Brad Johnson Injury Law, we treat every person differently, as each case has special needs and unique situations. Our criminal defense attorney will research, investigate and review every case personally. We will evaluate your case and defend it in every possible way. However, keep in mind that we will first attempt to settle your case.

A resolution or settlement is the result of what is commonly known as “plea bargaining.” People enter into a plea bargain for many reasons. It is not always because they are guilty. Often times a person wants the case to simply “go away” as quickly as possible and as painlessly as possible. Other times, a person is accused of many charges and enters into a settlement so that many of the charges are dropped in exchange for accepting responsibility for one.

Most people want their case settled and most cases can be settled. Consider settling when you can settle your case in a manner acceptable to you before taking on a costly trial.

If your case cannot be settled or you are not satisfied with the proposed settlement, you can decide to proceed to trial. In most cases a flat fee is charged. This means you will not be charged on an hourly basis. You will also know the exact fee for each portion of your criminal case. If your case requires legal services beyond the initial settlement fee, then you will be quoted additional fees for those services up-front.

Filed Under: Uncategorized Tagged With: Criminal Defense Lawyers

The Physics of Rear End Auto Accidents

September 23, 2010 by Brad Johnson

Rear end accidents occur when an at fault driver hits another vehicle in front of them. Usually, this happen when the car in front stops and the driver from behind is unable to stop in time.

According to experts, this type of auto accident has a force equivalent to half of the speed of the car. For example, a vehicle traveling at a speed of 40 mph that rear ended another car is like hitting a wall at 20 mph.

The physics of rear end collision is different from head-on collision which happens when two car’s front ends collide. In this situation, the impact is greater and deadlier because the velocity of two vehicles traveling in opposite directions is higher.

Preventing Rear End Accidents:

Keep a safe distance and avoid tailgating. Maintaining a safe distance from another vehicle will allow drivers to have enough time to maneuver and respond to changes in speed.

If the road is slippery or the visibility is low due to bad weather, drivers should increase the time interval to react to a slowing or stopped vehicle.
Avoid being distracted. Mobile phones and other electronic devices can serve as a distraction for drivers.

Avoid constant braking-accelerating sequences. Doing so may increase the likelihood of rear end collision because the other driver is less likely to predict the speed of the vehicle in front of them.

When changing speed, do this by accelerating slowly.

Respect the right-of-way of other motorists. An accident can be caused by driver’s behavior, so by respecting the right-of-way and being courteous to other drivers, people can avoid accidents.

When approaching red traffic lights, take the foot off the accelerator pedal early on to avoid colliding with a slowing or stopped vehicle.

Always check the tire pressure. Correct tire pressure increases safety and can make the car fuel-efficient by increasing the rolling resistance by at least 10 percent.

To help you deal with issues involved in rear end auto accidents, consult with our personal injury lawyers. If you have questions, please take advantage of our free consultation.

Filed Under: Uncategorized Tagged With: Accident Prevention, Auto Accident, Car Accident, Rear End Accident

What are Slip and Fall Accidents?

August 31, 2010 by Brad Johnson

You are entitled to claim compensation for an injury which is caused by negligence on the part of a property owner. Slip and falls can happen anywhere, and at any time – in supermarkets, at work, pathways, and restaurants.

There are laws in place to protect the public and impose charges/fines on the people responsible for maintaining and running public places, to ensure the safety of anyone who uses them. The laws apply to employers as well as privately owned establishments/land, and of course to the local officials who are responsible for maintaining the roads and public pathways/pavement.

Personal Injuries from Slip and Fall Accidents

Slips and falls are incidents which can have long lasting effects, such as time off work and physical impairments. If you slip over a faulty paving slab in a street, you could end up with a broken limb or severe bruising, or even concussion. This could translate to several weeks off work, and if your company does not offer very much in the way of sick pay, you could find yourself in a precarious financial position. Compensation payouts not only award money for the initial pain and suffering caused by the accident, but they can include damages which can cover for loss of earnings and medical expenses.

Making a Slip and Fall Claim

If you have suffered a slip or fall then there are a few steps you should take to help with your claim. Where possible, you should photograph the area where the incident occurred. You should make sure you take down the contact details of any witnesses who either saw your specific accident happen or who have seen the defective area in person. If anyone else has suffered a personal injury from the same source/situation then you should make sure you have their contact details, as they will be able to back up any evidence you provide. Finally, you should make sure that you have reported the accident to the relevant personnel, whether at work to your manager or to the property manager/owner if the injury happened in a public space.

It can be very easy to feel foolish or irresponsible when you have suffered a personal injury, and many incidents go unreported as a result. It is important to be aware that you are entitled to seek compensation, and in fact encouraged to, if only to highlight the problem to the relevant people to make sure no one else suffers the same fate.

Call a Slip and Fall Lawyer

Claiming is a simple process, and with just a small initial amount of effort you can get the ball rolling with your accident claim.  There really is nothing to lose, and everything to gain. If you are unfortunate enough to have suffered a personal injury due to negligence on the part of a private company, public organization or governing body, you should seek advice from an attorney who will help you to recover the compensation you deserve.

Filed Under: Uncategorized Tagged With: Slip and Fall, Slip and Fall Accident, Slip and Fall Attorney, Slip and Fall Claims, Slip and Fall Lawyer

DUIs in Arizona

August 24, 2010 by Brad Johnson

Arizona has had an extremely high rate of vehicle crashes and deaths associated with drunk driving. Because of this, Arizona officials have come down hard on drunk drivers. The penalties for DUI in Arizona are extreme, but hopefully this will lead to safer roads for the public at large.

So what is illegal in Arizona?
The State of Arizona law prohibits driving if you have an alcohol level of 0.150 or more in your bloodstream. It is also illegal for someone under the age of 21 to drive with ANY alcohol in their system. That means that if you are underage, you cannot drive at all, even if you have only had one drink. You are also not allowed to drive at all if you have any traces of illegal drugs in your body.

How do you know what your blood alcohol level is?
This is a tough question. Your alcohol blood level is dependent on your weight and body fat percentage, so it differs from person to person. You can find charts on the web that give good guidelines as to how much alcohol is in your blood stream. Most guides agree that 1 alcohol unit is equal to 1 beer or 1 3 ounce glass o wine or 1 ounce (a shot) or hard liquor. As a guide, a person that weighs 200 pounds can have approximately 3 alcoholic units before becoming impaired and 4 units before becoming legally drunk. A person that weighs 120 pounds can only have 1 alcoholic unit before becoming impaired, or 2 before becoming legally drunk. Of course this is a guideline only.

What is the penalty for drunken driving in Arizona?
For your first DUI conviction you will have to pay approximately $1,860 in financial penalties. If you are sentenced to jail you will serve a minimum of 24 hours up to 10 days. Your license may be suspended for 90-360 days and the court may order the installation of an ignition interlock device. This is a device that is connected to your ignition. You will only be able to start your car by breathing into it first. It will only work if you have not consumed any alcohol at all. For second or 3rd DUI Offenses, you will be fined much more, with a minimum prison sentence is of 4 months and the potential of your license being suspended for a minimum of a year. The court will also order you to install the ignition interlock device into all your vehicles before you drive again.

Be safe, not sorry.

Filed Under: Uncategorized

Dog Bites and Lawsuits

August 9, 2010 by Brad Johnson

Fatal dog bite accidents in Arizona

We all love our dogs and consider them to be a part of the family unit.  Unfortunately, there are approximately 4.5 million dog bite victims every year in the United States. Almost 50% of all victims are children under the age of 12.

If you, or someone you know, is bitten, it is imperative that you have the bite checked out by a medical provider as soon as possible. Dogs can be a host to several bacterial and viral infections that you can contract, such as ringworm. Many dog bite victims suffer permanent scarring and consult with plastic surgeons. While scarring can be minimized by plastic surgery, most victims are still left with permanent residual scarring. In addition to physical injuries, many dog bite victims experience emotional trauma, lower self-esteem from visible scarring, and a lifetime fear of dogs.

In Arizona, most dog bite attacks are strict liability cases. The owner of the dog is liable for the dog’s actions whether they knew the dog was dangerous or not.  Anytime their dog bites someone they are held liable no matter the situation or circumstances. The only defense to imposing strict liability is if the dog bite victim provoked the dog into biting.  In other types of injury cases, the victim has to prove negligence in order to receive compensation.

Dog bite claims based on strict liability have a one-year statute of limitations. Subject to several exceptions, a dog bite victim must file a lawsuit within 1 year from the date of loss or his/her strict liability claim may be barred forever. Claims based on a dog owner’s negligence have a two-year statute of limitations.

Dog bite victims are typically compensated for their injuries by the dog owner’s homeowners policy. If the victim or the parents of the victim are contacted by an insurance carrier, please do not sign any document. You may be jeopardizing your health and signing away your legal rights. Since 1996, Brad Johnson Injury Law has successfully handled numerous cases involving dog bite attacks.

Please contact us immediately at (602) 650-1200 so we can compile evidence and maximize your damage recovery.

Filed Under: Uncategorized Tagged With: Dog Attack, Dog Bite Attorney, Dog Bite Lawyer, Dog Bite Victim, Dog Laws Arizona

Hypoglycemia and DUI: Can You Be Falsely Convicted?

August 3, 2010 by Brad Johnson

For many people suffering from hypoglycemia, low blood sugar can cause symptoms that are strikingly similar to the effects of alcohol. Diabetes and many other kinds of diseases can result in hypoglycemia if blood sugar levels are not monitored and controlled. If blood sugar levels do dip below normal, sufferers can experience slow and slurred speech, poor balance, impaired motor control, staggering, drowsiness, flushed face, disorientation and even fainting. Many of those symptoms are equally as characteristic of drunkenness as they are for low blood sugar. Will a police officer be able to distinguish the cause of similar symptoms?]

Cause of Higher Readings on PBTs

You may think field devices that test blood alcohol level would reveal that you were not drunk, if you became impaired from low blood sugar while driving. However, these portable breath testing devices (PBTs) can be fooled by the symptoms of hypoglycemia as well. Diabetics and other sufferers of hypoglycemia can experience ketoacidosis, a state that increases the amounts of acetones in the breath. Since PBTs pick on any compound in the methyl group, including acetones, and not just the ethanol of drinking alcohol, this state can cause higher readings on PBTs. It causes the PBT to reflect more than just the alcohol that might have been consumed by the person being tested.

Hypoglycemia can produce the same visual symptoms as drunkenness and can’t be distinguished by field testing; some of the flaws of DUI symptoms are exposed in just this one circumstance.

Contact us at Brad Johnson Injury Law, and we’ll find the flaws. We’re on your side.

Filed Under: Uncategorized Tagged With: Breathalyzer Arizona

Tips For Avoiding Accidents With Commercial Trucks

July 29, 2010 by Brad Johnson

The United States Department of Transportation indicates that commercial truck accidents account for 98% of traffic fatalities involving automobile drivers annually. This is primarily because trucks are responsible for over 500,000 accidents a year.

Here are some tips to avoid these types of accidents:

1. Defensive driving techniques – These tips most often include keeping a sharp eye out for bad drivers or those who are not obeying traffic laws. Early detection is the key to avoidance, and observation helps keep you alert for potential problems.
2. Observe your blind spot – Many truck accidents occur when drivers fail to acknowledge their blind spots. Compensating for this by looking twice before changing lanes or adding a secondary parabolic mirror can help you avoid a collision with a commercial vehicle that could cost you your life.
3. Drive responsibly – chatting on the cell phone, texting or driving aggressively is no way to behave on the road. These behaviors have been proven to contribute to trucking accidents. Eliminating distractions can greatly reduce the chances of a life altering, catastrophic collision.
4. Don’t follow too closely – by staying a safe distance away from other cars you can avoid participating in a wreck or pile-up as your reaction time decreases.

Of course, there is no such thing as a fail-safe. Even careful drivers can get involved in a horrendous truck accident.

Protect yourself and your family.

Filed Under: Uncategorized Tagged With: Accident Prevention, Commercial Trucking Accident, Semi Truck Accident, Truck Accident, Trucking Accident

The Financial Impact and Costs of a DUI

July 21, 2010 by Brad Johnson

Everyone knows that a DUI is the last thing they need. The laws are continually increasing, the jail time is considerably higher than it used to be, and the costs have been rising along with it.

Do you understand the financial impact of a DUI?

It may very well become the most expensive ride of your life. Consider a First Offense Regular DUI. After all is said and done, you will have spent over $3,000. This includes paying for a minimum of 24 hours in jail, having your license suspended for 30 days (with a 60 day restriction), installing an ignition interlock device for 12 months, and seeing an increase in insurance premiums.

If your blood alcohol content reaches a level higher than.150, you are now considered an Extreme DUI case. The cost of this occurrence is now over $6,000. The fines have now doubled! Not considering the fines, you will also have to spend a minimum of 30 days in jail. That is where the majority of additional costs come from. Unfortunately, the rest of the costs are the same. Not to mention, the insurance premiums will increase that much more.
We strongly advise taking a cab. $20 for a cab ride is much more acceptable when you consider the cost of a first offense DUI at over $3,000. That is 150 cab rides that you can have for one DUI offense. For an extreme DUI, that is 300 cab rides!

Consider your options. Don’t drink and drive.

Filed Under: Uncategorized

Don’t Drink and Drive: Consider Alternative Transportation Methods

July 13, 2010 by Brad Johnson

Don’t Drink and Drive

In the event that you are intoxicated and not able to come up with a designated driver, here’s a list of resources that you can take advantage of in the Valley.

Designated Drivers 24/7

This service began last year in attempt to provide a great alternative to a taxi. For $50/month designated drivers 24/7 will pick up the passenger and drive him home in their very own car. After the passenger and their car are dropped off safely, the Designated Driver gets in the follow car and off they go.

The Drunk Drivers

The Drunk Drivers is essentially the same concept, but they have a whole fleet of 18 vehicles ready for action. They are a full service 24/7 operation and are proud to take care of the whole valley. Right now the service is only $30 a month, so take advantage of it while it lasts!

Zingo Arizona

The third and final of the alternative transports is Zingo Arizona. This company began in 2007 with the help of Hensley Budweiser. Zingo is also of the same concept as the previous two, but they arrive in a foldable scooter! Once they arrive, the scooter folds up and is placed in the trunk. This service is $25 for a pickup, as well as $3 for ever mile thereafter.

I hope this selection of taxi alternatives helps. Remember, if you have any DUI disputes contact, Peterson and Johnson.

Filed Under: Uncategorized

The Meaning of Blood Alcohol Level

July 1, 2010 by Brad Johnson

When an Arizona police officer conducts a breathalyzer or blood test, they’re attempting to determine your blood alcohol level. This is the percentage of alcohol in your bloodstream.

In Arizona, your blood alcohol level cannot be over .08.

If you are over that limit, you will be charged with a DUI, and the results of any tests administered will be used against you in court. That’s why you want to make sure you don’t go over that limit.

What is a standard drink?

A standard drink is 5 ounces of wine, 12 ounces of most beers, or 1.25 ounces of 80-proof liquor.

To make sure your blood alcohol level isn’t over the legal limit, you need to calculate how much you can drink over a certain period of time. You can do this by using a blood alcohol chart. These charts use your weight to determine what your blood alcohol level will be if you have a certain amount of standard drinks. For example, according to these charts, a two-hundred-pound man would need to drink four drinks to reach a BAC, or blood alcohol level, of .08.

However, you need to take into consideration the time that elapses between those drinks. You can calculate this by subtracting .01 for every forty to sixty minutes of drinking. So if that two hundred pound man had four drinks over a four-hour period, theoretically he’d be at .02, not .08.

These charts are to be used only as a guide. There are many factors that could skew the results like a person’s muscle composition and what they’ve had to eat. However, if you’re smart and drink responsibly, using the chart, you should be able to determine how much you can drink over time so that you don’t go over Arizona’s BAC limit and get stopped for drunk driving.

Filed Under: Uncategorized Tagged With: Arizona Blood Alcohol Level, Arizona Legal Limit, Blood Alcohol Level

How to Avoid Being the Victim of a Bicycle Accident

June 23, 2010 by Brad Johnson

Bike riding is an activity that can be enjoyed by children as well as adults. In fact, children start off very young these days. Their parents will teach them with the assistance of training wheels. Adults, too, enjoy bike riding. It’s not uncommon to see a group of adults riding ten speeds or mountain bikes for exercise as well as a way to have fun in the fresh air. However, bike riding can be dangerous; especially when you begin riding in traffic. A one or two ton vehicle going even thirty miles an hour can fatally injure a bike rider. That’s why, if you plan to go bike riding, you need to be mindful of your surroundings, you need to ensure the bike is secure and safe, and you need to make sure you’re keeping an eye on any children who may be biking with you. If you do all of these things, you will be able to enjoy your bike ride without having to worry about becoming the victim of a bicycle accident.  There are numerous state laws that govern the riding of a bicycle.  Know these laws before cycling.

Be Aware
When you were a kid, you probably rode your bike without a care in the world. You’d jump over curbs, ride through leaf piles and you probably even tried to do tricks in the middle of the street. As an adult, however, even if you don’t do these things, you need to mindful of your surroundings. You need to be aware. Children are typically not aware as adults and that’s why they can often be subjected to danger without even knowing it. Make sure you know how traffic is flowing, how much traffic there is, be mindful of driveways where cars may be backing out from, and make sure you watch the road for hazards. Being aware of your surroundings will do a lot to help you prevent becoming a victim of a bicycle accident.

Bike Inspection
When is the last time you had your bike inspected? When did you last check the bolts, the brakes or the tires? These must be checked every time you ride. A loose bolt could cause the handlebars to come loose, which could send you flying off the bike. Loose brakes will make it difficult to stop, which could be really dangerous if you’re riding up to a busy intersection, and loose or flat tires can also pose a great danger. If you don’t know the first thing about repairing or maintaining bicycles, take your bike to a professional. You will have to pay for the inspection but that’s better than riding around with a defective bike that could potentially cause a bicycle accident.

Children
Children don’t really understand the concept of oncoming traffic or of the term “right of way.” That’s why you need to keep an eye out for them. Make sure they pay attention to what they’re doing so they can remain safe while enjoying their bike ride.

When you’re riding a bike, make sure you keep a keen eye out for any danger, make sure your bike is in tip top shape and make sure you watch out for your children. As long as you do all of these things, you will be able to enjoy your bike without risking a bicycle accident.

Contact a Personal Injury Attorney
Any time you are involved in a bicycle accident that involves a moving vehicle, you should contact an attorney. Brad Johnson Injury Law offers free consultations, so don’t accidentally waive your rights or the compensation that is due you if you or your child is involved in an accident while riding a bicycle.

Filed Under: Uncategorized Tagged With: Accident Prevention, Bicycle Accident, Bike Accident, Hit and Run

The Importance of Pedestrian Caution In Traffic

June 15, 2010 by Brad Johnson

Everyday you hear about accidents involving pedestrians. The reason is because people are often careless about where they’re walking. They’re not mindful of their surroundings, they think that cars are always going to stop to give them the right of way, and some people just plain think they’re invincible. But people aren’t invincible and that’s why all pedestrians need to be cautious in traffic. That means looking both ways before you cross the street, never assuming someone is going to give you the right of way, and always taking the proper precautions so that every driver on the road sees you and knows you’re there. As long as you do these things, you will be able to go about your business without being involved in a traffic accident that you may not survive.

Cars are very useful for getting us where we need to go, but they’re also two thousand plus pound machines. A person wouldn’t stand a chance if they were hit by one of these cars. Every person should know and realize this. Yet it never fails; there’s always that person who rushes across the street without a care as cars honk and swerve to avoid hitting him. Most of the time these people are just in a hurry and they never consider that they could be hit by a car. Everyone thinks that a traffic accident is going to happen to someone else. But if you don’t watch where you’re going, you are going to be the subject of the next early morning news story involving a pedestrian and a fast moving car.

Watch Your Surroundings
No matter where you’re walking to, and even if you’re just walking along the sidewalk, always be aware of your surroundings. Be mindful of where traffic is, which direction it’s traveling and make sure you position yourself so that you’re seen by these drivers. If you’re going to cross the street, look both ways before you cross at an intersection.  Never “jaywalk”! Never take chances! It’s better to be late going somewhere than to not arrive at all. As long as you keep a keen eye for any traffic and you’re watchful of where you step, you’ll have a much better chance of reaching your destination.

Right of Way
While it’s true that pedestrians have the right of way when crossing a roadway in a marked crosswalk, when it comes to traffic, you should never rely on this fact. Never assume that a car is going to stop to let you pass in front of them. Remain cautious at all times when dealing with a vehicle when you’re on foot. It’s better to let the car go by, even if you have to wait a few seconds longer.

Remain Visible
If you’re a pedestrian dealing with traffic at night, make sure you wear reflective or bright clothing so that drivers always know you’re there. If it’s daytime, make sure you walk towards traffic so that you see them and they see you. Never wear black at night while dealing with traffic, and never cross a street unless the drivers know you’re there. As long as they know you’re there, you have a better chance of reaching the other side of the street in one piece, which is the goal of every pedestrian exercising caution in traffic.

Use the crosswalk!
The Brad Johnson Injury Law law firm offers free consultations, so don’t accidentally waive your rights or the compensation that is due you if you are involved in an accident with a moving vehicle while walking.

Filed Under: Uncategorized Tagged With: Hit and Run, Pedestrian Accident, Pedestrian Injury, Right of Way

What Makes a Store Liable?

June 10, 2010 by Brad Johnson

Slip and fall accidents happen to many people. When this happens in your home you have no one to blame but yourself. But what happens when it occurs in or near a store, and who’s responsible for your injuries then?

Experiencing a slip and fall accident at home is often less detrimental than one outside of your home. After all, your home has carpeted or wooden floors. Stores, restaurants, boutiques, and sidewalks are usually concrete, carpet covered concrete or hard tile. Slipping and falling on this type of flooring can result in a severe neck or back injury or even a fractured bone in some cases.

Now for the question of who’s responsible and for how long? If you have an accident in a store they are only liable if the store was negligent. This means that if you were clumsy, or simply weren’t paying attention to what you were doing, the store is not responsible. If the store employees have left objects where they shouldn’t be, failed to keep floors cleaned, or generally failed to keep the store aisles clear, then, as a general rule, the fault is theirs.

Filed Under: Uncategorized Tagged With: Slip and Fall Accident, Slip and Fall Injury

How To Prepare For a Criminal Defense Trial

June 7, 2010 by Brad Johnson

If you’re charged with a crime and you’re facing court, there are many things you need to be mindful of if you hope to beat the charge, or receive a lesser charge. A criminal trial is held in front of a jury. That means you’re going to be judged on how you look, how you present yourself, as well as what you say and how you say it.

That’s why it’s recommended that, if you are facing a criminal trial, you get the help of a qualified defense attorney. An attorney will walk you through the court process and will help you with all the aspects necessary for you to convince a judge and jury of your innocence.

Of course, you can also represent yourself. If you’re going to do so, you’re going to have to think of everything on your own so that you don’t leave out one detail. Even one tiny skipped detail in a criminal defense trial can seal your fate and cause the jury to convict you of all charges against you.

Personal Appearance
Whether you’re defending yourself or you have a defense attorney, you must be mindful of how you plan to dress during your court appearances. A suit is always a good move, as it makes you look professional. If you have any tattoos, make sure they’re covered up.

Even though you shouldn’t be judged on your appearance during a trial, your personal appearance does make a difference in the eyes of the jury. Men should avoid long hair and excessive facial hair, and women should keep it feminine and modest.

All in all, just make sure you look presentable so that a jury will think there’s no way you could have possibly committed the crime you’re accused of committing.

Demeanor and Speech
Any defense attorney will tell you to keep your mouth shut unless you’re asked a question. In a defense trial, your attorney will do most of the talking, unless you’re asked to take the stand.

But if you’re representing yourself, you’ll want to make sure you speak slowly, refrain from using profanity and learn the law terms you’ll be using to prove your innocence. The less dangerous you seem, the more lenient a jury will be with you when it comes to conviction and sentencing.

Evidence
Now that you know how to dress and act in a defense trial, you’ll need to focus on what evidence is stacked against you. If you have an attorney, the prosecution will share the evidence they’ve collected that they hope will prove your guilt.
If you’re defending yourself, you can also get copies of all of this evidence. Pore over each aspect of the prosecution’s case. Look for holes that you can argue against, such as timeline problems or alibis you may have. Remember that if you do have an alibi, you’re going to have to call witnesses to the stand to help corroborate them.

It’s not recommended to defend yourself in a criminal defense trial. Unless you have extensive knowledge of the law, you may be in over your head. A wiser course of action is to contact a defense attorney at Brad Johnson Injury Law and have them defend your rights in a court of law.

Filed Under: Uncategorized Tagged With: Criminal Defense Attorney, Criminal Defense Lawyer, Criminal Defense Preparation, Criminal Defense Trial

Key Things To Keep In Your Car In Case of an Accident

June 3, 2010 by Brad Johnson

Nobody expects to get into a car accident, yet they happen each and every day. It can happen when you’re on your way to and from work; it can happen on the way to church and it can even happen while you’re stopped at a stop light.

When that other car slams into you, the whole world stops. Most people just sit there for a moment, gathering their thoughts. They wonder if that really happened, they do a mental and physical check to make sure they’re not hurt, and it’s only after all that that they begin to wonder if the other driver is OK.

What to Keep in Your Car in Case of an Accident

It’s a very traumatic experience, no matter if it’s a small accident or a major one, and that’s why people don’t like to think about them. But you should give a thought to what you keep in your car in the off chance that you are involved in a car accident.

  • When you go over to the other driver, or drivers, to make sure they’re OK, it’s at this time that you’ll want to exchange insurance and contact information. Therefore, you must ensure that you keep your proof of insurance in your car. You might also want to keep a business card in your car so that you can easily hand over information the other driver can use to contact you. Also, it’s recommended that you call the police so that you can get a police report. The officer will also want to see your proof of insurance as well as your driver’s license. So the first thing you should keep in your car is your proof of insurance.
  • But what happens if the accident happens at night? Carrying a flashlight in your car is a good idea, even if you don’t expect to ever use it. A flashlight can be used to assess damage and also to assess any injuries that may not be visible in dim light. When you’re in an accident, your adrenaline is pumping and you may not feel injuries for some time afterward. A flashlight can be used to scan the bodies of each person involved so that you can ensure everyone’s OK.
  • It’s also a good idea to carry a first aid kit in your car in case of a car accident. You never know when you may need bandages, alcohol pads, or even scissors and all the other stuff that comes in one of these kits. New cars often come with these already included in the glove box. However, if you don’t have a new car, you can always buy an emergency kit at your local pharmacy.
  • Finally, you always want to keep jumper cables, a spare tire kit, a cell phone as well as the contact information for a good accident attorney. Give Brad Johnson Injury Law a call if you are involved in an accident – your free consultation could mean the difference between getting the compensation that is due you or facing the large insurance company on your own.

Again, nobody expects to get into an accident, but all of these things will help in case you ever find yourself sitting on the side of the road right after a jarring car accident.

Filed Under: Uncategorized Tagged With: Accident Preparation, Auto Accident, Car Accident

How to Avoid a Staged Auto Accident

May 18, 2010 by Brad Johnson

You’ve probably heard of staged accidents, or seen them on television or in movies, but did you realize they really do happen?

Here’s the scenario: You’re driving along, everything seems to be ok, but then all of a sudden, out of nowhere, a car crashes into you in a parking lot. Perhaps the damage doesn’t appear extensive, and it seems obvious that the fault belongs to the other driver, but you find yourself accused of being at fault.

The National Insurance Crime Bureau reported that staged accidents are up 46% from 2007 to 2009, and the states with the highest staged incidents are Florida, New York, California, Texas and Illinois. Arizona ranks 10th, high enough to cause concern.

What’s even more concerning about staged accidents is that often they are so well-planned that fake witnesses might be involved, additional passengers might claim injuries (people who weren’t even in the vehicle), and medical providers might prescribe treatments that really aren’t necessary – all for a nice payoff.

How can you avoid being a victim of a staged accident? Here are a few tips:

1. Call the police so they can write a police report. Do this no matter the extent of the damage.
2. Keep a camera with you and take pictures of the accident, the damage, and the people who were in the car who hit you. This is fairly easy to do now that many cell phones have a camera feature.
3. Take note of the number of people who were in the car who hit you. Get their names, phone numbers, addresses, and driver’s license numbers also. Don’t just focus on the driver.
4. Do not tailgate, as the driver in front of you may slam on their brakes for no apparent reason. This is an easy method for a scam artist to turn you into a victim.
5. If you require any medical treatments, keep careful records to make sure none of the treatment costs were inflated or fictitious.
6. Contact the Arizona Department of Insurance Fraud Unit if you suspect a medical provider, auto body shop, mechanic, or anyone else has committed fraud.
Nothing is worse than being in an auto accident and then finding out it was staged. Protect yourself.

Filed Under: Uncategorized Tagged With: Auto Accident, Car Accident, Staged Accident, Staged Accident Victim

Why Insurance Companies Want To Settle Quickly

April 30, 2010 by Brad Johnson

You’re in Arizona driving along, when all of a sudden a car comes out of nowhere and slams into you. You get out, call the police and exchange information. Soon, the insurance company contacts you and they want to settle.

Wow, you can’t get over how quickly this happens.

Why would the insurance company want to settle so quickly?

Insurance companies are businesses. They’re in business to make money. They don’t like to pay, but they like to take in.   If the insurance company can make a quick, low settlement shortly after an accident, they’ve accomplished their goal.  Unfortunately, if  you accept a settlement and sign a release before you know the extent of your injuries and the cost of the medical bills, you are left “holding the bag.”  The $500.00 or $1,000.00 the insurance company has paid you may not cover all of the medical bills, loss of earnings and probably will leave you nothing for your pain and suffering.

To protect your interests, never settle with the insurance company when they approach you directly. Call a reputable law firm and ask for an experienced personal injury attorney, who will make sure your legal rights are protected, and that you are compensated appropriately for injuries you may have suffered.

Filed Under: Uncategorized Tagged With: Arizona Insurance, Insurance Claim, Insurance Settlement

Car Accidents and Soft Tissue Injuries

April 29, 2010 by Brad Johnson

When you’re involved in a car accident, there are many injuries that can occur. One type of injury that is very common as a result of a car accident is a soft tissue injury.

What is a Soft Tissue Injury?

Soft tissue injury refers to an injury to those parts of your body that don’t involve bones. These are generally bruises, strains, sprains, and ligament or tendon damage.

This type of injury occurs when people are thrown about the car’s interior after vehicles collide.

The problem with soft tissue injuries is that they often go undetected long after the accident occurs. This is because they cannot be detected by x-rays and a person’s adrenaline is usually kicked into high gear so the person may not feel as though there’s anything wrong. In fact, it can sometimes take days for a person to realize they’re hurt. That’s why if you’re ever involved in a car accident, you should get thoroughly checked out by a doctor. Never just assume you’re OK.

There’s another side to soft tissue injury as well. Soft tissue injuries could involve internal bleeding, which can be very serious. So even if you have no bruising, soreness, or any physical symptoms at all, get to a doctor as soon as possible to make sure any injuries are diagnosed.

Soft Tissue Injury Symptoms

There can be some symptoms that will let you know you have soft tissue damage. These include:

  • body aches
  • back and neck pain
  • dizziness
  • memory loss
  • fatigue

If these symptoms are left untreated, they can lead to chronic pain or other problems that can remain with you for the rest of your life. That’s why you should go straight to the hospital or medical provider after any car accident to ensure your injuries are diagnosed and treated.

Contact an Accident Attorney

Never accept a monetary settlement at the scene of an accident; instead, call a car accident attorney, so that your rights will be protected.

Filed Under: Uncategorized Tagged With: Auto Accident Injury, Car Accident Injury, Injury, Soft Tissue Injury

Two Key Tips For Safer Driving In the Rain

April 20, 2010 by Brad Johnson

We know it doesn’t rain much in the Valley, but when it does, it really pours.  These two tips for driving in the rain have been going around our office and we thought you might find them helpful.

One driving method was told to a member of our team by a police friend who had experienced and confirmed it. It is useful, even while driving at night. Most motorists tend to turn their windshield wipers on HIGH or the FASTEST SPEED during a heavy downpour, yet the visibility in front of the windshield is still bad.  In the event you face such a situation, try wearing your sunglasses (any model will do), and voila!  All of a sudden, the visibility in front of your windshield is perfectly clear, as if there was no rain.  It might sound crazy, but it really works!

Make sure you always have a pair of sunglasses in your car, and share this idea!  You are not only helping yourself, but you might also save a friend’s life.  Try it for yourself.  Amazing, you will still see the drops on the windshield, but not the sheet of rain falling.

How does it work?  You can see where the rain bounces off the road. Sunglasses work to eliminate the “blindness” from the spray of passing semi trucks as well as the “kick-up” if you are following a semi or car in the rain. They ought to teach that little tip in driver’s training as it really does work.

Another tip: Never drive in the rain with your cruise control on. When our team member thought she was being cautious by setting the cruise control, and maintaining a safe consistent speed in the rain, a highway patrolman told her something that every driver should know.  If the cruise control is on when your car begins to hydroplane and your tires lose contact with the pavement, your car will accelerate to a higher rate of speed making you take off like an airplane. She told the patrolman that was exactly what had occurred.
The patrolman said this warning should be listed on the driver’s seat sun visor along with the airbag warning.  We tell our teenagers to set the cruise control and drive a safe speed, but to use the cruise control only when the pavement is dry.

With spring in full bloom and the pavement dry, hopefully we won’t need to implement these practices any time soon.  Monsoon season isn’t too far away though, and if we can each pass these tips along to just one person, we could be saving a life.

Filed Under: Uncategorized Tagged With: Accident Prevention, Car Accident, Driving in the Rain

Brad Johnson Injury Law’s Fees and Pricing

April 19, 2010 by Brad Johnson

Surely you’ve heard and seen advertising for personal injury attorneys announcing that they “won’t get paid until you get paid.” That’s pretty standard in the industry, but what ISN’T standard in the industry is how much Brad Johnson Injury Law charges you.

It’s true we work on a contingency fee, which means we only receive payment if we successfully collect for you. However, while most firms in Arizona charge 33.33% of the total sum collected, we only charge 25% if your case does not require litigation (the filing of a lawsuit). Many cases are settled out of court through our negotiations with insurance companies. This not only save you time but impacts your bottom line by putting more money into your pocket due to our reduced fees. This is extra money that you can use for living expenses such as groceries, gas, and personal needs for your family.

We even pay upfront to obtain medical records, bills, police reports, and for photocopies and postage so you don’t have to worry about it. This is something you shouldn’t have to worry about, and you won’t. Our fees are calculated on the total sum collected and before these costs are deducted, but they aren’t fees you will need to pay upfront.

Because we make it so easy for you, is there really anything stopping you from calling us now?

Filed Under: Uncategorized Tagged With: Auto Accident Injury, Criminal Defense Attorney, Criminal Defense Lawyer

Brad Johnson Injury Law and a Contingent Fee Basis

March 17, 2010 by Brad Johnson

The insurance industry spends hundreds of millions of dollars annually on advertisements portraying themselves as being on our side and like a good neighbor. Since the downturn in the economy, however, claims representatives for insurance companies have become the consumers’ worst nightmare. Claims representatives have been trained to be even more aggressive in their attempts to take advantage of unrepresented accident injury victims.

Shortly after a motor vehicle accident (sometimes even at the accident scene) claims representatives have been offering injury victims a nominal amount of compensation before their injuries have been properly diagnosed and treated by medical providers. Times are tough and insurance companies know that many injury victims are struggling financially. Do not be duped by the insurance industry. Their loyalty is not to the injury victim, but to their shareholders, insureds, and the bottom line. Not addressing your injuries immediately, whether minor or severe, may have a long-lasting negative impact for many years to come. Please do not jeopardize your health and sign away your legal rights. Call Brad Johnson Injury Law today for a free initial consultation at 1-877-96-LEGAL.

We are YOUR Personal Injury Attorneys

At Brad Johnson Injury Law, we work on a contingent fee basis. This means we get paid only if we successfully collect on your claim. We also front the expenses associated with your claim, including, but not limited to, the police report, expert witness testimony, and copies of your medical records and bills. Ultimately, these expenses are deducted from the settlement or award you will receive.

The typical fee charged by most law firms in Arizona for Personal Injury cases is 33.3%. There are some firms that charge 29%. Our fee is only 25%. We receive 25% of the total sum collected from the settlement with the insurance company. Our fee translates into more money for you, the accident injury victim. This could mean a few hundred to several thousand dollars more to you, depending on the severity of the injury. The one situation where our fee could increase to 33.3% is if a claim needs to be litigated, meaning a lawsuit filed. Our fee, however, is still typically less than what other firms charge to litigate a claim.

Filed Under: Uncategorized Tagged With: Arizona Insurance Claim, Insurance Claim, Insurance Company

What To Know About Dog Bite Lawsuits

March 1, 2010 by Brad Johnson

While dogs may be our best friends, some dogs can become aggressive and bite someone. Dogs that bite can do it for a number of reasons. Perhaps the dog has always had an aggressive nature and perceives you as an unwanted stranger. Historically, there are certain breeds that have been known to harbor aggression. The Pit Bull breed is a common example.

The dog’s breed is only one factor and doesn’t always mean the dog will be aggressive and prone to biting. You might encounter a dog that has been healthy in the past and free from offensive behavior. However, now the dog has suffered from a health illness such as rabies. Rabies can cause dogs to become disoriented and lash out by biting people. A classic sign of rabies is drooling and foaming of the mouth.

If you are bitten it is imperative that you have your bite checked out at the hospital as soon as possible. Dogs can be a host to several bacterial and viral infections that you can contract such as ring worm. Make sure however, that you remember the type of breed to help a doctor assess the injury and proper treatment. Write down the contact information of the dog’s owner should you need to make a claim later.

The owner is liable for their dog’s actions whether they knew the dog was dangerous or not. Anytime their dog bites someone they are held liable no matter the situation or circumstances.

On the flip side of the coin is to view this from the dog owner’s perspective. Let’s say the dog owner had prior knowledge that their dog may be dangerous or may bite someone. The owner then took protective measures to keep his dog in a secure area. He also had placed “Beware of Dog” signs on his property and has warned others not to approach his dog as the dog may attack. The owner had done all this, but someone didn’t listen or even provoked the dog on purpose.
If the owner has provided these safety precautions they are sometimes not liable due to “contributory negligence”. “Contributory negligence” means that the person who was bitten understood the dangerousness of the animal, but proceeded to place themselves in the dog’s environment anyway. This type of dog bite lawsuit often ends in favor of the dog owner.

If you do file a dog bite lawsuit you can sue for compensation of medical costs incurred,  any permanent scarring, pain and suffering, property damage, and affected wages. A vicious dog bite can leave you unable to work for some time and you need a way to recoup your losses.

Filed Under: Uncategorized Tagged With: Dog Attack, Dog Attack Laws, Dog Bite Laws, Dog Bite Lawsuit, Dog Bite Lawyer

Key Steps to Follow When You’re In a Car Accident

March 1, 2010 by Brad Johnson

Chances are that you will be involved in a car accident at some point in your lifetime. It may be nothing more than a minor “fender bender” or it could be a serious accident.

There are ways to prepare yourself in case you do have an accident whether as a driver or a passenger.

Post-Accident Checklist

  1. Check for injuries. If anyone needs immediate medical attention call 911 for an ambulance.
  2. If you or anyone is severely injured, do not move. If you are able to safely exit the vehicle, do so immediately.
  3. Call 911 and report the accident to the police.
  4. While you are waiting for the police to arrive, sit down and remain quiet. While you may not feel much pain, you could be injured. Walking, bending or lifting can make your injuries worse.
  5. While you are sitting, go over what happened. Get the facts clear. How fast were you going? Where were you? Did you have your turn indicator on? Make some written notes if you can. Do not talk to anyone except the police about the facts of the accident.
  6. If there are witnesses, ask them for their names and phone numbers. They may be able to help establish liability (who is at fault).
  7. You may have rights that you don’t know about. We can answer your important questions at 602-650-1200 or toll free at 1-877-96-LEGAL.

Filed Under: Uncategorized Tagged With: Arizona Auto Accident, Arizona Car Accident, Auto Accident, Car Accident, Rules

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7448 W Glendale Ave, Suite B101 Glendale, AZ 85303

Phone: 602-650-1200

Fax: 623-931-1741

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