Auto Accidents

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.