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Personal Injury

Common Causes of Pedestrian Accidents

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

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

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

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

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

Guidelines for Pedestrian Caution

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

Here Are Some Other Potential Dangers Pedestrians May Create:

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

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

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

Call an Experienced Pedestrian Injury Lawyer

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

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

Do I Have A Personal Injury Case?

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

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

Car Accident Injury

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

Workplace Injury

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

Medical Malpractice Injury

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

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

What Determines Slip and Fall Settlement Amounts?

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

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

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

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

Medical Bills

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

Pain and Suffering

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

Lost Income (Past and Future)

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

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

Do I Need a Wrongful Death Attorney?

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What is “Wrongful Death”?

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

Some common types of wrongful death cases include:

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

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

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

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

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

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

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

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

Contact Wrongful Death Attorney Today

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

Are You the Type of Person Who Sues?

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

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

How To Prepare For a Criminal Defense Trial

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If you’re charged with a crime and you’re facing court, there are many things you need to be mindful of if you hope to beat the charge or receive a lesser charge. A criminal trial is held in front of a jury. That means you’re going to be judged on how you look, how you present yourself, as well as what you say and how you say it.

That’s why it’s recommended that, if you are facing a criminal trial, you get the help of a qualified defense attorney. An attorney will walk you through the court process and will help you with all the aspects necessary for you to convince a judge and jury of your innocence.

Of course, you can also represent yourself. If you’re going to do so, you’re going to have to think of everything on your own so that you don’t leave out one detail. Even one tiny skipped detail in a criminal defense trial can seal your fate and cause the jury to convict you of all charges against you.

Personal Appearance

Whether you’re defending yourself or you have a defense attorney, you must be mindful of how you plan to dress during your court appearances. A suit is always a good move, as it makes you look professional. If you have any tattoos, make sure they’re covered up.

Even though you shouldn’t be judged on your appearance during a trial, your personal appearance does make a difference in the eyes of the jury. Men should avoid long hair and excessive facial hair, and women should keep it feminine and modest.

All in all, just make sure you look presentable so that a jury will think there’s no way you could have possibly committed the crime you’re accused of committing.

Demeanor and Speech

Any defense attorney will tell you to keep your mouth shut unless you’re asked a question. In a defense trial, your attorney will do most of the talking, unless you’re asked to take the stand.

But if you’re representing yourself, you’ll want to make sure you speak slowly, refrain from using profanity, and learn the law terms you’ll be using to prove your innocence. The less dangerous you seem, the more lenient a jury will be with you when it comes to conviction and sentencing.

Evidence

Now that you know how to dress and act in a defense trial, you’ll need to focus on what evidence is stacked against you. If you have an attorney, the prosecution will share the evidence they’ve collected that they hope will prove your guilt.
If you’re defending yourself, you can also get copies of all of this evidence. Pore over each aspect of the prosecution’s case. Look for holes that you can argue against, such as timeline problems or alibis you may have. Remember that if you do have an alibi, you’re going to have to call witnesses to the stand to help corroborate them.

It’s not recommended to defend yourself in a criminal defense trial. Unless you have extensive knowledge of the law, you may be in over your head. A wiser course of action is to contact a defense attorney at Brad Johnson Injury Law and have them defend your rights in a court of law.