Auto Accidents

Have you ever been cruising down an Arizona’s highway or city street and suddenly swerved to avoid a dangerous obstacle in the road? If so, you’re not alone. Road debris accidents are an all-too-common hazard Arizona drivers face. 

Understanding your rights, responsibilities, and options can make a huge difference if you ever find yourself in a car accident caused by road debris. What counts as road debris, who might be liable, and what steps you should take after an accident.

What Counts as Road Debris?

Road debris refers to any foreign object, material, or obstacle present on a roadway that shouldn’t be there. In Arizona, this can include anything from fallen tree branches during monsoon season, unsecured cargo from pickup trucks, blown tires, loose gravel, or even stray construction materials. In extreme cases, furniture and appliances tumble off a moving vehicle and risk huge multi-vehicle collisions.  

Debris can also be less obvious, like chunks of concrete, trash, or even hazardous chemicals. Essentially, if something is on the road that could potentially cause an accident, it qualifies as road debris. Colliding with large pieces of debris isn’t the biggest risk, but drivers suddenly swerving is dangerous for everyone on the road.

Common Road Hazards Arizona Drivers Face

Living in Arizona brings its own set of unique challenges. In addition to the searing heat, dust storms, and sudden rainfall, our roads often face issues with poor maintenance. Potholes and cracks can develop quickly in extreme temperatures, and if not promptly repaired, these can become significant hazards. Standing water or ice can also create dangerous driving conditions, especially after winter storms in the northern part of the state or heavy monsoon downpours in the south. 

Construction zones pop up everywhere from Phoenix to Tucson, and often leave behind loose gravel, tools, or barriers that end up scattered on the roadway. Add to that poor signage or broken traffic signals, both of which increase the risk of confusion and collision, and you have a recipe for road debris incidents.

Poor Road Maintenance and Road Hazards

Arizona’s vast network of highways and rural roads means maintenance can sometimes lag. Municipalities and government agencies are responsible for keeping roadways safe, but tight budgets and long stretches of remote pavement can mean debris or hazards aren’t cleared as quickly as they should be. Standing water, especially during monsoon season, may accumulate and mask hazards like potholes or road cracks. 

Occasionally, ice forms in the early morning hours during the winter in Northern Arizona, catching drivers off-guard and causing slick, dangerous conditions. Construction zones can be particularly treacherous if workers fail to secure materials or properly mark hazards. Likewise, poor signage or malfunctioning traffic signals can confuse drivers and increase the risk of an accident.

Who Might Be Liable for Road Debris Accidents?

One of the most pressing questions after a road debris accident is, “Who is responsible?” Liability isn’t always straightforward, but it generally falls into a few key categories:

• Government Agencies: If the accident was caused by poor road maintenance, unmarked hazards, or malfunctioning signals, the city, county, or state agency responsible for road upkeep may be liable.
• Other Drivers: If another vehicle failed to secure its load (think mattresses, tools, or even landscaping debris), the driver who allowed the item to fall onto the road could be held responsible.
• Construction Companies: If debris comes from a construction site, the company in charge of the site may be liable for failing to maintain a safe work zone.
• Unknown or Unidentified Parties: In some cases, the party responsible for the debris can’t be identified. Uninsured or underinsured motorist coverage on your own auto policy may step in to help.

How to Determine Liability from Road Debris

Proving liability in a road debris accident often requires evidence and swift action. Key factors include:

• Location of Debris: Was it in a construction zone? Near a recent accident? In the middle of a highway with no clear source?
• Witness Statements: Did anyone see the debris fall or spot the responsible party?
• Surveillance or Traffic Camera Footage: Some intersections and highways in Arizona have cameras that may have captured the incident.
• Type of Debris: Certain types of debris may point to a construction company (e.g., orange cones, barriers) or a private vehicle (e.g., furniture, tools).

It’s not always easy to pinpoint responsibility, which is why consulting with experienced attorneys at Brad Johnson Injury Law can be incredibly helpful. Our team specializes in motor vehicle accident law. We can help you navigate local laws and Arizona agencies, making it easy to who’s liable and pursue appropriate compensation.

What to Do If You’re in an Accident Caused by Road Debris

If you’re ever involved in a road debris accident in Arizona, your actions in the moments and hours following the incident can greatly impact your safety and any future claims:

1. Ensure Safety First: Move to a safe location if possible and check for injuries.
2. Call Law Enforcement: Report the accident and file a police report. This will be key information for insurance companies and any legal proceedings.
3. Document the Scene: Take clear photos of the debris, your vehicle, the surrounding area, and any visible injuries.
4. Gather Witness Info: Collect names and contact details of anyone who saw the accident or the debris.
5. Seek Medical Attention: Even if you feel okay, some injuries become apparent only hours or days later.
6. Notify Your Insurance Company: File a claim and provide all collected evidence.
7. Consult a Qualified Attorney: Experts at Brad Johnson Injury Law specialize in road debris accident lawsuits. Contact our team for a free consultation and guidance through next steps. We can help maximize your chances of a favorable outcome.

Evidence to Collect After a Road Hazard Incident

The more evidence you collect, the better your chances of a successful claim. Be sure to gather:

• Photos or videos of the debris, road conditions, and vehicle damage.
• Copies of the police report.
• Medical records and bills.
• Repair estimates or bills for vehicle damage.
• Witness statements or contact info.
• Any available footage from traffic or security cameras in the area.

Having comprehensive evidence allows your attorney to build a strong case, whether you’re seeking compensation from a government agency, another driver, or your own insurance company.

Why Choose Brad Johnson Injury Law?

Navigating the aftermath of a road debris accident can be stressful and confusing, especially when you’re dealing with injuries, insurance claims, and legal paperwork. That’s where Brad Johnson Injury Law stands out. Our Arizona team has decades of experience helping locals get the compensation they need after accidents caused by everything from road hazards to reckless drivers. 

With a focus on clear communication, compassionate guidance, and aggressive representation, Brad Johnson Injury Law makes the process as smooth as possible so you can focus on healing.

If you need help, remember that Brad Johnson Injury Law is just a phone call or click away. We’re ready to advocate for your rights and get you the compensation you deserve.

A serious car accident can cause physical injuries and financial losses that leave victims scrambling. Serious injuries can make it hard to return to work right away, and that loss of income can be incredibly stressful to deal with. The good news is that Arizona law offers multiple avenues for recovering lost income. Understanding your rights and working with the best personal injury lawyers will be crucial for navigating these statutes.

At Brad Johnson Injury Law, we specialize in helping car accident victims recover the maximum financial compensation available. Common accident-related losses include medical expenses and lost wages. When injuries force you to miss work, you may be able to recover lost income through several channels. However, insurance companies often make this process difficult by disputing claims, delaying payments, or offering lowball settlements. Knowing how to build a strong case is essential to securing the full compensation you deserve.

How Arizona Law Protects Your Right to Lost Wage Compensation

Arizona follows a fault-based system for car accidents. This means the at-fault driver and their insurance company are responsible for covering your damages (including lost wages). Victims have two years to file a personal injury claim, and waiting too long can weaken your case. The sooner you start your claim, the better. Evidence and documentation are stronger immediately after an incident, and insurance companies are more likely to cooperate. 

If another driver caused the accident, their liability insurance should cover your lost wages up to their policy limits. However, insurance companies frequently challenge these claims by questioning the severity of your injuries, the necessity of your time off work, or the actual income lost. That’s why comprehensive medical documentation and employment records become crucial to proving your claim.

Insurance Options for Recovering Lost Wages After a Car Accident

1. At-Fault Driver’s Liability Insurance

Most lost wage claims start with the at-fault driver’s insurance. Arizona law mandates minimum coverage of $25,000 per person and $50,000 per accident for bodily injuries. It is possible for your lost paychecks to add up and exceed these minimums, especially in the case of severe, long-term injuries. If this is the case, you’ll need to explore other options.

2. Uninsured/Underinsured Motorist (UM/UIM) Coverage

What should you do if the driver who hit you doesn’t have enough insurance coverage? Or worse, no insurance? When this happens, you might be able to tap into your own Uninsured/Underinsured Motorist (UM/UIM) policy. While Arizona requires car insurance companies to offer this protection, drivers can choose to decline it in writing. Although refusing this policy may seem like an easy way to lower your payments, UM/UIM is a failsafe worth keeping. If you have this coverage, it can help replace your lost income when the at-fault driver can’t pay.

3. Personal Injury Protection (PIP) or Medical Payments (MedPay)

Many Arizona drivers choose to add Personal Injury Protection (PIP) or Medical Payments Coverage (MedPay) to their policies. These coverages can help with lost wages even if the accident was your fault. With PIP, you’ll typically recover 60-80% of your missing paycheck (up to a set amount). This can provide crucial, immediate financial support when you need it most.

What Types of Lost Wages Can You Recover?

Lost wage claims aren’t limited to just your base salary. Compensation may include:

• Overtime pay you would have earned
• Performance bonuses or commissions lost due to missed work
• Paid time off (PTO) you were forced to use during recovery
• Future earnings if your injuries result in long-term or permanent work limitations

Self-employed individuals and gig workers (such as Uber drivers or freelancers) can also claim lost income, but they must provide additional documentation. Keep track of invoices, client contracts, profit statements, or tax returns to substantiate your claim.

How to Prove Lost Wages After a Car Accident

Insurance companies won’t simply take your word for your lost income—they’ll demand proof. To build a strong claim, you’ll need:

• Pay stubs or direct deposit records showing your earnings before the accident
• Tax returns (especially for self-employed individuals)
• A letter from your employer confirming your position, pay rate, and missed workdays
• Medical documentation from your doctor linking your injuries to work restrictions

For severe injuries that impact your future earning capacity, you may need expert testimony. Vocational specialists or economists can calculate and testify to how your injuries will affect your long-term career prospects.

Common Challenges in Lost Wage Claims

Insurance companies often use tactics to minimize or deny wage loss claims, including:

• Disputing the severity of your injuries
• Arguing that you could have returned to work earlier
• Requesting excessive documentation to delay payment
• Offering lowball settlements hoping you’ll accept less than you deserve

An experienced car accident attorney can help counter these tactics by gathering the right evidence, consulting with medical and financial experts, and negotiating aggressively on your behalf.

Why Legal Representation Matters After a Car Accident

At Brad Johnson Injury Law, we’ve helped countless clients recover not just their immediate lost wages but also compensation for long-term financial impacts. Insurance companies have teams of adjusters and lawyers working to protect their bottom line—you deserve someone fighting just as hard for you.

If you’re facing lost income after a car accident, don’t wait to take action. The sooner you begin documenting your claim, the stronger your case will be. Contact our office today for a free consultation to discuss how we can help protect your financial future while you focus on recovery. With proper guidance, you can secure the compensation you deserve for all your accident-related losses.

Arizona is gaining attention—and not the good kind—after a recent study ranked it third in the nation for the most intersection-related accidents. With an average of 4.09 intersection accidents per 100,000 residents, the Grand Canyon State surpasses the national average by a concerning 47.1%, raising urgent questions about road safety and the need for preventive measures.

A Closer Look at the Numbers

The study, conducted by the Simmrin Law Group, examined crash data from the National Highway Traffic Safety Administration (NHTSA) between 2018 and 2022. Analysts calculated the average number of intersection accidents per 100,000 people to identify which states have the highest rates of these collisions.

Here’s how Arizona stacked up:

• Average Accidents (2019–2022): Arizona averaged just over 300 intersection-related accidents each year during the four-year period, a number that steadily increased with time. While 2019 saw the lowest total at 265, the number surged to 378 in 2022—its highest in the span—indicating that intersection safety is becoming a growing concern for Arizona motorists.
• Average per 100,000 residents: With a rate of 4.09 accidents per 100,000 residents, Arizona’s intersection accident frequency is far higher than the national average of 2.78. This statistic suggests that local infrastructure, driving habits, and enforcement measures may need greater attention.
• Lowest year (2019): While 2019 provided a brief glimpse of hope with the lowest total in recent years, that dip did not last long. The following years showed a rising trend, which aligns with population growth, increased traffic, and possibly post-pandemic changes in road usage.
• Highest year (2022): By 2022, intersection crashes in Arizona peaked. This uptick reflects both the state’s growth and the need for more robust safety initiatives, especially in fast-growing metro areas like Phoenix and Tucson.

Top 10 States with the Most Dangerous Intersections

In contrast, Rhode Island ranks as the safest state for intersections, with only 1.15 intersection accidents per 100,000 people—a benchmark that others, including Arizona, can strive to reach through combined efforts in policy, infrastructure, and public awareness.

Why Are Intersections So Dangerous?

According to the study’s findings, intersections are particularly hazardous because they require
drivers to make rapid decisions amid complex traffic patterns. Several behavioral and environmental factors contribute to the high risk of accidents at these junctions:

• Speeding through yellow lights: Many drivers interpret a yellow light as a signal to accelerate rather than slow down. This behavior often results in vehicles entering intersections as lights are changing—leading to serious side-impact or head-on collisions.
• Distractions from mobile devices or in-car technology: Modern vehicles come equipped with advanced infotainment systems, but even hands-free setups can divert attention. When drivers are not fully focused, they may miss important cues like stop signs, pedestrians, or oncoming vehicles.
• Misjudging gaps while turning: At busy intersections, especially during unprotected left turns, drivers frequently miscalculate the speed and distance of oncoming traffic. These errors can lead to severe crashes, especially if visibility is compromised or the road is unfamiliar.
• Failure to yield the right of way: Whether due to impatience or inexperience, some drivers ignore the rules that govern yielding at intersections. This disregard can result in collisions with both vehicles and pedestrians, further increasing the danger.

These hazards affect not only drivers but also cyclists and pedestrians, who are particularly vulnerable at crossings where vehicles converge from multiple directions.

Solutions Start with Awareness and Action

Addressing Arizona’s intersection accident problem requires a two-pronged approach: safer behavior behind the wheel and thoughtful investment in infrastructure.

• Obey posted speed limits: Adhering to speed regulations allows drivers more time to react and reduces the severity of crashes. Even modest reductions in speed can significantly improve outcomes in the event of a collision.
• Avoid distractions: Arizona has laws against texting while driving, but enforcement varies. Drivers must take personal responsibility to put down phones, limit multitasking, and focus solely on the road.
• Be cautious and alert when lights are changing: Intersections demand full attention, especially during transitions. Slowing down, rather than speeding up, at a yellow light can prevent devastating accidents.

On the infrastructure side:

• Installing clearer traffic signage: Well-placed, reflective, and visible signs help alert drivers to upcoming intersections and turning restrictions, giving them time to make safer decisions.
• Improving signal timing: Adjusting the timing of green, yellow, and red phases can accommodate real-time traffic patterns and reduce the likelihood of collisions during high-volume periods.
• Enhancing lighting and visibility: Better lighting at intersections, particularly in rural or suburban areas, ensures that hazards, signage, and pedestrians are more visible during night driving.

What Arizona Drivers Should Know After an Accident

Getting into a car accident can be disorienting and overwhelming, especially at busy intersections. Arizona drivers should follow a few key steps to protect their health, rights, and financial interests:

• Check for injuries and call 911: If anyone is hurt, even slightly, emergency services should be called immediately. Health and safety are always the first priority.
• Move to a safe location: If vehicles are drivable and it is safe to do so, moving out of the flow of traffic can prevent additional collisions or injuries.
• Document the scene: Take photos of all vehicles, road conditions, traffic signals, and any visible injuries. This documentation will be critical if insurance claims or legal disputes arise.
• Exchange information: Get the names, contact details, driver’s license numbers, license plates, and insurance information of all involved parties.
• Avoid admitting fault: Even a simple apology can be misinterpreted as an admission of guilt. Let the investigation determine liability.
• Contact an accident attorney: Legal advice is crucial, especially in cases involving injuries, disputes about fault, or unclear insurance coverage.

Why Contacting an Accident Lawyer Matters

An experienced personal injury attorney can help accident victims understand their rights, negotiate with insurance companies, and pursue compensation for medical bills, lost income, and pain and suffering. Time is also a factor—Arizona has a statute of limitations that restricts how long a person has to file a claim after an accident.

Trust Brad Johnson Injury Law with Your Case

If you or a loved one has been involved in an intersection accident in Arizona, Brad Johnson Injury Law offers compassionate, knowledgeable legal support. Based in Phoenix, Brad Johnson and his team bring over 30 years of experience handling personal injury claims across the state. Known for their personalized approach and aggressive advocacy, they have recovered millions for clients while guiding them through every step of the legal process.

Brad Johnson Injury Law understands the unique challenges of intersection collisions—from proving liability in complex traffic scenarios to handling reluctant insurance companies. They offer free consultations and work on a contingency fee basis, meaning you don’t pay unless they win your case.

Contact Brad Johnson Injury Law to learn more or schedule a consultation by calling (602) 650-1200.

Immediate Steps After the Accident

After an accident in a rental car, the first thing is to follow the same steps like any other car accident – first prioritize everyone’s safety that was involved. For any apparent injuries, call 911 for medical assistance. Then, move the cars to a safe location if possible to prevent further accidents. You’ll need to report the accident to the police, this is invaluable for protecting the involved parties and against fraudulent claims in the future. It can also be helpful to gather evidence if possible with pictures and videos. Having evidence of the vehicles involved, the damages sustained, traffic signs, skid marks, road obstructions, or visible injuries. Thoroughness is your ally. 

Contact the Rental Company

As soon as you are able, contact the rental car company to inform them about the accident. Most rental companies provide a 24/7 helpline for such emergencies. Reporting the accident promptly can help initiate the claims process and inform you of any specific steps they require, such as bringing the car to a designated inspection location.

The rental car company will likely ask for your version of the events, copies of the police report, and photos of the damage. Some rental agreements may have clauses detailing how quickly an accident must be reported to avoid penalties or additional charges, so it’s essential to act promptly.

Notifying Your Insurance Provider

If you opted for rental car insurance, contact the insurance provider to report the accident. If you’re relying on your personal auto insurance, notify your insurer as well. Your insurance agent can guide you through the next steps, which may include submitting documentation, filing a formal claim, and understanding your coverage limits. In some cases, your credit card company may also provide insurance coverage if you used it to book the rental.

Determining Fault in a Rental Car Accident

Arizona follows a fault-based system for car accidents, which means that the driver responsible for causing the accident is typically held liable for damages. Understanding how fault is assessed and what factors influence this determination can help protect your interests and streamline the claims process. 

Arizona’s At Fault Laws

Arizona operates under a comparative negligence system, which means that more than one party can share the blame for an accident. If you are found partially responsible for a collision, your compensation may be reduced by your percentage of fault. For instance, if you are deemed 20% at fault, any claim you make may be reduced by that percentage.

This framework encourages thorough investigation and documentation, as each driver’s role in the accident needs to be accurately represented to determine liability.

Common Car Accident Scenarios and the Fault Implication

Certain types of accidents often follow general patterns in determining fault. For example:

• Rear-End Collisions: Typically, the driver in the rear is presumed at fault unless evidence shows that the driver in front made a sudden and unreasonable maneuver.
• Left-Turn Accidents: The driver making a left turn is usually at fault if a collision occurs with an oncoming vehicle. However, exceptions exist if the oncoming vehicle was speeding or ignored traffic signals.
• Intersection Accidents: Fault can be more complex in intersection crashes, as right-of-way rules, signal compliance, and witness testimony can all contribute to the final determination.

Who Takes Care of Damages to a Rental Car in an Accident

Determining who is responsible for covering the damages after a rental car accident can be complicated, involving rental agreements, insurance policies, and state laws. Understanding how these elements interact can help you better navigate the process and minimize your financial liability.

Overview of Rental Car Company Policies

Rental car companies typically outline damage liability in their rental agreements. This agreement specifies who is responsible for paying for damages if the car is involved in an accident. Most rental companies require that the renter report any accident promptly and may have specific guidelines regarding how and where the damaged vehicle should be assessed or repaired.

Rental companies often inspect their vehicles post-accident to evaluate the extent of the damage. Depending on the situation and whether you complied with their procedures, you could be responsible for some or all of the repair costs. Failure to report the accident in a timely manner could result in additional charges or violations of the rental contract.

Liability of the At-Fault Driver’s Insurance

In Arizona, the at-fault driver’s insurance is typically responsible for covering damages to your rental car. This follows the state’s fault-based insurance system, where the liable party compensates for injuries and property damage resulting from the accident. If the other driver is found to be at fault, their insurance should cover the repair or replacement costs of your rental car, as well as any associated expenses like loss-of-use fees charged by the rental company.

After an accident, you should immediately exchange insurance and contact information with the at-fault driver. This will be crucial for filing a claim with their insurance company.

The Renter’s Responsibility for Damages

As the driver of the rental car, your liability for damages largely depends on the type of coverage you selected when renting the vehicle and whether you have personal or supplemental insurance. If you opted out of additional coverage at the time of rental, you could be liable for repair costs and any loss-of-use fees the rental company incurs while the car is being repaired. These fees compensate the company for the revenue lost because the car is out of service.

Steps to Follow if You’re Responsible for Damages

If you find yourself liable for the damages, follow these steps:

1. Contact Your Insurance Provider: Notify them of the accident and confirm the coverage limits and process for filing a claim.
2. Work with the Rental Company: Cooperate with the rental company’s accident department and provide any requested information, such as the police report or insurance details.
3. Review Your Credit Card Benefits: If applicable, check the details of your credit card’s rental insurance to see what costs it covers and how to file a claim.
4. Prepare for Potential Out-of-Pocket Costs: Understand what expenses you may need to cover upfront and how to seek reimbursement from your insurance provider.

Types of Insurance Coverage for Rental Cars

Understanding the types of insurance coverage available for rental cars is essential for protecting yourself in the event of an accident. Whether you’re renting a vehicle for business, leisure, or daily use, knowing your coverage options can help you avoid significant out-of-pocket expenses. 

1. Collision Damage Waiver (CDW)

A Collision Damage Waiver (CDW) or Loss Damage Waiver (LDW) is not technically insurance but an option offered by rental car companies to reduce your financial responsibility if the rental car is damaged or stolen. By purchasing a CDW/LDW, you can avoid paying out-of-pocket for repair costs or the value of the car in the event of significant damage.

2. Liability Insurance

Liability insurance covers the costs associated with damages you may cause to other drivers, vehicles, or property while driving the rental car. Most states, including Arizona, require a minimum level of liability coverage. While rental companies typically provide this minimum coverage, it’s often very basic and may not be enough to fully protect you in a serious accident.

3. Personal Accident Insurance (PAI)

PAI covers medical expenses for you and your passengers in the event of an accident. This type of insurance can be beneficial if you don’t have comprehensive health insurance or if your existing policy has significant gaps. It ensures that costs for emergency services, hospital stays, and medical treatments are covered.

Keep in mind that if you already have robust health insurance or personal injury protection (PIP) as part of your auto policy, PAI might be redundant. Reviewing your existing policies before deciding on additional coverage will help you make an informed choice.

4. Personal Effects Coverage

Personal Effects Coverage protects your belongings in case they are stolen from or damaged within the rental car. If you’re traveling with valuable items such as laptops, cameras, or other electronics, this coverage can provide added security. However, it’s essential to verify your existing homeowner’s or renter’s insurance policy, as these might already include similar protections.

5. Your Personal Auto Insurance

Your existing personal auto insurance policy may extend coverage to rental cars, particularly if you have comprehensive and collision coverage. This can include repairs for damage, liability for third-party injuries or property damage, and coverage for uninsured/underinsured motorists. Before renting a car, check with your insurance provider to understand how much coverage you have and whether any deductibles would apply.

People Also Ask

Is the Rental Car Company Liable if I am not at Fault in a Car Accident?

• No, the rental car company is not liable if you are not at fault in an accident. Responsibility for damages typically falls on the at-fault driver and their insurance. However, the rental company may work with you to facilitate repairs and claims through the at-fault party’s insurance.

What if the Rental Car Accident is not my Fault?

• If the accident is not your fault, the at-fault driver’s insurance should cover the damages to the rental car. You should still report the accident to the rental company and your own insurance provider to ensure all parties are informed and any gaps in coverage are managed.

If I Get in a Car Accident Out of State, Should I get a Lawyer in that State?

• Yes, if you are involved in an out-of-state car accident, it’s advisable to hire a lawyer licensed in that state. They will have specific knowledge of local traffic laws and procedures, ensuring you receive accurate legal representation and guidance for your case.

Rental Car Accident Lawyer in Arizona

Dealing with the aftermath of a rental car accident can be stressful and complicated, especially when navigating insurance claims, determining fault, and covering damages. Understanding your rights and responsibilities can make the process more manageable and help protect your financial well-being. However, expert guidance is essential to ensure your case is handled correctly and that you receive the compensation you deserve.

Contact Brad Johnson Injury Law

At Brad Johnson Injury Law, we are committed to helping you every step of the way. Contact us today for a free case evaluation and let our experienced team support you through this challenging time. Don’t navigate this process alone—reach out now and take the first step toward resolving your case confidently and effectively.

It’s estimated that every driver on the road will experience at least 3-4 auto accidents in their lifetime, based on overall rates of collisions and an increasing number of vehicles on the road.

The good news is that the number of fatal accidents overall appear to be declining, according to the National Highway Traffic Safety Administration. But there are still plenty of collisions taking place for all sorts of reasons, including distracted drivers, impaired drivers, poor road conditions, and even mechanical failure.

So if you happen to be in an accident this year, what do you do?

According to the team at Brad Johnson Injury Law, first make sure everyone gets assessed for injuries. Even if someone says they feel fine initially, a check-up is recommended since some injuries may take a while to show up, especially after the initial adrenalin rush fades.

The second thing is to find a car accident lawyer to represent you, even if you’re not sure if you’re partially at fault. Do this before signing anything insurance-related.

A team of skilled car accident lawyers can help navigate a complex insurance and legal system that you may be unfamiliar with. They can also focus on getting you compensation to help with the expected costs of your accident, such as repairs, medical care, physical therapy, alternate transportation and other disruptions in your life.

 

Reasons for charges

If you’re worried about not being able to afford a car accident lawyer, don’t be. Many firms or individual legal offices may charge a contingency fee rather than an hourly charge or retainer for accidents, which means they’ll only get paid if you get paid. If you’re successful, they’ll receive a certain percentage of any settlement or award.

Typically, many firms charge 33.3 percent. The team at Brad Johnson Injury Law charges 25 percent for routine cases, but this amount can increase if a case requires going to court.

Every attorney may have a slightly different fee schedule based on a variety of criteria.

This can include how severe the accident was. A case that involves multiple injuries, multiple factors, multiple parties and multiple insurance companies may require more skill and cost to look into.

Their experience level may play a role. Every lawyer potentially should know how to defend an accident. But some personal injury firms may have more familiarity with these types of cases – including a better success rate in negotiating with other firms and insurance companies, as well as working with law enforcement.

Plus, a car accident lawyer can point out potential costs stemming from an accident that they can help with:

• Lost wages
• Medication
• Physical therapy
• Court fees
• Hospital/doctor fees
• Changes in your life

 

An accident can be a scary situation, especially if injuries are involved and other parties are aggressive. The team at Brad Johnson Injury Law will be happy to offer a free consultation to learn about your situation and explain what services they can provide.

It took many years, tougher laws, stronger penalties, and unfortunately, plenty of deaths and injuries before most people learned not to get behind the wheel if they’ve been drinking.

Today, although people still commit this crime, overall rates of deaths and injuries have dropped significantly.

Now, the same crackdown is taking place on distracted driving. Drivers using or looking at a mobile device are the biggest offenders, but the distracted driver definition includes anything that takes a driver’s attention away from the road. Even missing something for a few seconds can be potentially deadly for drivers, passengers, or others nearby.

The National Highway Traffic Safety Administration said if you’re going 55 mph, you’ll travel at least 300 feet while looking away for just 5 seconds, about the length of a football field. In a high-traffic environment, pretty much anything can happen, too quickly for you to react safely.

The Centers for Disease Control and Prevention has found that 9 people in the U.S. are killed daily due to distracted drivers. The number of deaths was 3,100 in 2019 and 3,412 in 2020 alone. The number of injuries in 2019 was 424,000, which also included bicyclists and pedestrians.

These statistics are why states like Arizona have made sure to define distracted driving, including passing laws that primarily focus on phone use.

Arizona’s “Hands Off” law passed in 2021 makes it illegal for drivers to use any mobile device while driving unless it’s in hands-free mode. This includes phones, tablets, gaming devices, and GPS devices.

The distracted driving definition specifies illegal activities like taking a call, reading, texting, watching or recording, and also putting it on your shoulder or lap. It also defines legally-acceptable alternatives like earpieces, headphones, or wrist devices, and allows exceptions for emergency situations.

Types of Distractions

Beyond mobile devices, potential distractions can include eating, drinking, putting on make-up, adjusting the radio, turning to talk to passengers, or reaching for something nearby.

There are three categories that define distracted driving:

• Visual (requires you to look away from the road)
• Manual (requires removing your hands from the wheel)
• Cognitive (takes your mind away from the road)

Distracted Driving Consequences

Part of developing a distracted driver definition includes creating penalties. For a few seconds of distraction that can lead to an accident, people can face higher insurance costs, property damage costs, lawsuits, court costs and possible jail time.

Distracted drivers can also face medical treatments, physical therapy and medical bills, plus internal guilt if someone is hurt or killed.

Arizona laws specify more severe punishments depending on the number of offenses or the severity of a situation. First-time violators may be fined between $75 and $149 and may have to attend a traffic survival school or perform community service. They also could face up to 6 months in jail and a 180-day to 1-year license suspension if their violation contributes to serious injury or death.

A second offense within three years or failure to abide by first-time conditions can lead to a longer license suspension, additional jail time and a fine between $150 and $250. Restitution up to $100,00 could be authorized.

Involved in a Distracted Driving Accident?

If you’ve been in an accident that may have stemmed from a distracted driver, the staff at Brad Johnson Injury Law will be happy to discuss current laws and your legal options. Visit us online or call (602) 639-4690. 

Car Insurance Comparison, a company that compares car insurance rates online, recently conducted a study examining which states have the worst drivers.

Unfortunately, the study found Arizona to be within the top 10 states with the worst drivers, coming in 8th, to be exact.

About the Study

According to the Car Insurance Comparison website:

“The states with the worst drivers have high rates of fatal car accidents involving speeding, drunk driving, careless driving, and breaking traffic laws …”

Essentially, the study examined five major driving areas:

• Car accident death rate
• Failure to obey traffic laws
• Careless driving
• Drunk driving
• Speeding

Each state was ranked in these five areas. The scores were then combined to reveal the top 10 worst states for drivers.

Arizona’s Stats

Arizona was ranked as the 8th worst state for drivers. The study revealed that one of the worst categories is “careless driving.”

The death rate is also high for Arizona traffic accidents. For every 100 million miles driven during the period of the study, approximately 1.4 deaths are recorded. Per capita, the death rate for pedestrians is 2.91.

Worst Drivers by State

What states have the worst drivers? Below is the final top 10 list from the Car Insurance Comparison study:

1 (Tied) – New Mexico

1 (Tied) – Texas

3 (Tied) – Montana

3 (Tied) – South Carolina

5 – Louisiana

6 (Tied) – Alabama

6 (Tied) – Hawaii

8 – Arizona

9 – Oregon

10 – Nevada

What Makes a Bad Driver?

Poor driving habits are generally to blame for bad driving. Someone who speeds all the time or who doesn’t know when to stop at the correct signals or who acts in other careless ways is not a good driver.

Of course, if someone is under the influence of drugs or alcohol, they are naturally going to be a poor and dangerous driver as well. The same goes for someone who is otherwise distracted because they are texting, talking on the phone, or eating while driving.

Driving Safety Tips

When you are soaring down a highway, you are going 70+ miles an hour in a metal box among other cars going just as fast and only inches away. Keep this in mind the next time you’re tempted to be careless on the road.

Being on the road in a motor vehicle is a privilege. Follow these safety tips to ensure you’re safe no matter where you are:

• Always focus on your driving. Don’t get distracted by other tasks.
• Don’t make calls or text while driving.
• Avoid driving at night when you can.
• When in a construction zone or inclement weather, slow down.
• Be a defensive driver. Think safety first with the vehicles around you at all times.

Were You Injured in an Arizona Auto Accident?

Being in a serious car accident in Arizona can be devastating. If you were injured, you’ll be subject to a seemingly unending stream of medical bills and appointments, physical challenges, and time missed from work — not to mention immense pain and suffering. This can all lead to complications and challenges that may not go away for years.

An Arizona accident lawyer can help.

Allow our experienced lawyers to help you get the compensation you deserve for your injuries. Someone else’s negligence and carelessness shouldn’t cause you never-ending pain and hardship. Contact us today to learn about your legal options.

Not every personal injury sustained in a car crash is immediately visible. Some problems, including traumatic brain injuries (TBIs), do not become visible for several hours or even days. One of the most common types of TBIs is a concussion. Whether mild or severe, a concussion can require medical attention and therapy, and can contribute to suffering well beyond the moment of impact.

What is a Concussion?

A concussion occurs when your brain hits your skull with ample force, causing your brain to move and jolt violently. For instance, a sudden blow to the head can cause a concussion, such as when a passenger’s head hits the front seat or the window to the side. However, the force of your car stopping suddenly and your head whipping forward and back can cause a concussion as well.

Depending on where a person suffered a concussion, he or she will have different symptoms and reactions. The person may also have lost consciousness for a period of time following the brain bruising. However, many people walk away from car accidents not realizing they have a concussion until their symptoms pop up later.

Common Signs of Concussion

First, medical responders and emergency room technicians who evaluate victims of motor vehicle accidents are trained to look not just for physical signs of injury, but to diagnosis TBIs including concussion. Some concussion symptoms that a car crash driver or passenger might have are as follows:

• Memory loss: Many people who have experienced a concussion cannot remember certain things. Even if they remember the car accident, they might not remember much that happened before or after. They may even forget large chunks of their past. Memory loss is a devastating, terrifying symptom because occasionally memories do not return. Some individuals discover they have trouble retaining new memories, which can affect school and job performance.
• Headaches: It makes sense that a sign of concussion is headache. Headaches related to a concussion run the gamut. Some people experience mild headaches for a few days post-accident. Others may complain of consistent migraines for weeks, months, or for the rest of their lives.
• Light sensitivity: Some victims who have been diagnosed with a concussion can no longer enjoy being in rooms with bright light, or enjoy a day outside in the sunlight. If they happen to be employed in a well-lit workplace, being sensitive to light could end up costing them their jobs.
• Mood changes: As with all head injuries, personality changes post-concussion can occur. Again, this can be a devastating symptom of a concussion for both the victim and his or her loved ones. Going from being positive and upbeat to having a negative outlook or suffering from depressive episodes can radically change someone’s life. It can even lead to the loss of personal relationships or career opportunities.
• Sleeping problems: It can be tough for those who have a concussion to get to sleep and stay asleep, or try to wake up. Insomnia and oversleeping are frequently reported among car accident concussion victims, and both sleeping issues can lead to further personal and professional difficulties.

Of course, just as every person is unique, every car accident victim’s concussion will present itself in different ways.

How Concussions Are Diagnosed

In order to confidently diagnose a concussion, medical professionals must put car crash victims through a variety of tests. Some of the tests can become quite costly, such as CT scans. Still, they are needed to document evidence of a concussion.

People who have been injured in a car accident and who require testing for a concussion may incur tremendous expenses. Even those with health insurance may have to pay thousands of dollars out of pocket just to learn they have a concussion.

After diagnosing a concussion, the medical professional will help the patient develop a treatment plan. Usually, plans involve avoiding situations that may cause further brain damage, such as playing certain sports. This can be yet another blow to the victim, especially if he or she is cautioned not to engage in a beloved or perhaps lucrative activity.

Some concussion symptoms do go away on their own, but there is no set time frame for this to happen. In other cases, a person might feel the after-effects of a concussion for years or decades post-crash.

Why Insurance Carriers May Balk at Covering Concussion-Related Injuries and Damages

After a car accident, the drivers and passengers will have to submit their information to the insurance provider of the at-fault party. In an ideal world, the information would be used to construct a fair settlement to ensure that the victims are compensated for their damages. However, in many cases, insurance providers will refuse to cover more than a few medical bills for concussion treatment.

Why does this occur? Basically, insurance companies are in the business of paying as little as they can. Adjusters do not want to give away too much money, so they lowball or make very modest settlement offers. In many situations, victims accept the offers without realizing that they could fight for higher compensation. That’s why hiring an accident attorney as soon as possible after a highway collision is so essential. Lawyers who are accustomed to helping car accident concussion victims are in a better position to work with insurance providers to obtain higher settlement offers.

Although no law firm can guarantee more money from insurance carriers representing at-fault drivers, having the representation of a personal injury attorney can take the stress off of victims.

How to Prove a Post-Car Accident Concussion

Victims will always be asked to provide evidence that they have suffered a concussion after a car accident. Therefore, anyone who has been in a car crash and suffered a TBI should follow some simple rules.

First, all documents related to the car crash should be identified and retained. This includes healthcare reports, evaluations, and invoices. The more third-party, objective information, the better. All of it might not be useful in a court case, but having more is always better than having less.

Next, have the victim or victim’s family keep a personal journal of concussion symptoms. For instance, the father of a teenager who was diagnosed with a post-crash concussion should keep a log of all the times his daughter had to miss school, complained of severe headaches, suffered memory loss, etc. The school may provide evidence in the form of bad report cards, confirmation of negative attitude, or a lack of participation.

Having these items written down and stored in a binder can help you back up claims if your personal injury case does not settle and winds up in litigation.

Work With Car Accident Attorneys in Arizona to Recover Concussion-Related Damages

If you were in a car collision in Arizona and have been diagnosed with a concussion, do not delay in getting medical attention or legal help. Contact the law firm of Brad Johnson Injury Law at 602-396-4635 to talk to a personal injury lawyer about your case. All initial consultations are free and confidential. Why risk having to pay for medical expenses, rehab expenses, trauma, and pain and suffering? You deserve to receive a fair settlement for your experiences.

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 afterward.

Symptoms of Immediate or Delayed Emotional Trauma

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

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

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

When to Contact a Personal Injury Attorney

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

An accident attorney can help a victim of a car accident who is experiencing emotional trauma. Your attorney will not only look at the facts of the incident but will help negotiate with the insurance company to get a fair settlement. If a settlement cannot be reached, our attorneys can then provide legal help in suing for damages related to the car crash, including compensation for documented emotional distress.

Have you been in an accident? Do you know or think you may show the symptoms of emotional trauma as a result? Contact our legal team at Brad Johnson Injury Law for a no-obligation consultation to discuss your situation. Our office in Phoenix, AZ, can be reached by calling (602) 903-2617.

After a car crash, the first step you should take is to 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-traumatic 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 a 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 doctors’ reports to keeping all invoices, victims of car crashes should be diligent about obtaining as much documentation as they can. If a case requires expert testimony, documentation and records will be invaluable. At the same time, collision victims may also want to keep a personal diary as a supplemental way to prove cause and effect.
• Work with a personal attorney injury sooner rather than later. The sooner a victim is represented by a law office with expertise in helping accident victims with late appearing injuries, the easier it may be to reach a fair and equitable settlement. It is much more difficult to try to reconstruct months or years of late-onset injuries than to document them as they present themselves. Having an attorney-client relationship early in the process can also lessen a victim’s stress level by taking the burden off of the individual.

Call Our Arizona Personal Injury Attorney

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

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

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

Initial Post-Crash Steps

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

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

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

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

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

The Days Following the Accident

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

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

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

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

Talking to Insurance Adjusters

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

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

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

Common Insurance Provider Scenarios

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

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

Car Accident Injury Law Firms

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

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

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.

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.

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.

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.

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.

Get Help From Experienced Attorneys

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.

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.