Auto Accidents

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.