Auto Accidents

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.