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If you are involved in a traffic accident in the state of Arizona, you have the right to file a lawsuit for the fair compensation of your injuries. However, while this principle is simple, going through the process of filing a lawsuit after a traffic accident can be complicated. Below, we’ve outlined everything you need to know about how, why, and when to sue after a serious auto accident.

Determining Fault

Before you can move toward suing, it’s important to determine who was at-fault in the vehicle accident you were involved in. While you may be keenly aware that you were not at-fault, it’s important to remember that evidence matters. A lawyer can help you determine if you have adequate evidence to prove fault was on the other party. Your lawyer will ask you numerous questions, and it’s best if you have the following to prove your case:

• Photos and/or video of the accident
• Police reports of the accident
• Emergency medical reports of the accident
• Quotes and testimonies from others who were at the scene of the accident — either in your vehicle or other drivers or pedestrians
• Detailed medical reports and bills
• A complete list of your symptoms and medical problems
• Documentation of lost wages and/or salary
• Any other pertinent information

Who to Sue After an Accident?

The first question at-hand after you’ve determined that the accident was not your fault is: Who do you sue? The basic choice is between the at-fault driver’s insurance company and the at-fault driver themselves. The question of whom to sue comes down to several factors. First, does the other driver have auto insurance? Unfortunately, many uninsured drivers are on the road in Arizona. If the other driver does not have insurance, it makes sense that you won’t be able to sue an insurance company. Next, remember that it’s possible the other driver is underinsured. This means they do have liability insurance, but it’s nowhere near the amount sufficient to cover your injuries, lost wages, and pain and suffering. In this case, it’s probably also not worth it to file a lawsuit with the other insurance agency. In both of these situations, your next step will likely be to sue the at-fault driver.

If the Other Driver Has Substantial Insurance: Settling Vs. Suing

If you’ve worked with a lawyer to examine the evidence in your case, and you’ve determined that the insurance company should be the party held accountable for your compensation, your next decision is whether to settle with or sue them. Settling your case involves working with the at-fault driver’s insurance agency to see what they’re willing to offer. In order to do this effectively, it’s wise to hire a lawyer. Having counsel on your side lets the insurance agency know you mean business. For this reason, contact a personal injury lawyer whenever you plan to negotiate with (or possible sue) an insurance company. Furthermore, look out for the other party’s insurance company to contact you quickly after the accident and offer you a check. Do not accept this check. This is their attempt to settle quickly and for less money than you deserve. The insurer (the other driver’s liability insurance agency) will inevitably low-ball you. They’ll likely look at the accident, examine the evidence and the personal injuries you incurred and give you a final offer that fails to fully compensate you for your medical bills, lost wages and salary, and pain and suffering. This doesn’t always happen, but it’s common. Why? Because auto insurance agencies are concerned about their bottom line. Yes, they must have the interests of their policyholders in mind as well (the party who caused the accident), but they’re also looking for the best ways to avoid large payouts. In this vein, they want you to assume their settlement is the best deal you’re going to get. They want to convince you that if you don’t take their offer, you’ll be left with nothing. In fact, insurance agencies are exceptionally convincing in this way. They’ll tell you anything to get you to believe that you’re a fool to deny their offer and escalate the issue. Again, this is why you need a reputable lawyer on your side. If you are unable to negotiate a fair settlement with the other party’s insurance agency, this is when a lawsuit against the insurance company may make the most sense.

When to Sue the Other Driver

So far, we’ve been discussing lawsuits against insurance agencies. However, remember that there is another possibility when it comes to personal injury lawsuits as well — suing the other driver. This is not always the best option, but it’s one to consider. Essentially, you’ll need to speak with an experienced personal injury lawyer to determine if this is the next step you should take. Remember, you deserve fair compensation for your injuries. Getting into a serious auto accident that was not your fault can upend your entire life. In the state of Arizona, you are entitled to complete compensation.

Were You Recently Involved in a Phoenix Traffic Accident?

Without warning, a car accident can disrupt your life in virtually every way. Emotional and physical pain, mounting medical bills, a loss of transportation, and possibly even the loss of work can bring previously unknown trauma and suffering. At Brad Johnson Injury Law, it is our job to fight for people in your exact situation. You deserve the compassion and commitment of a team of legal experts, and that’s precisely what we provide at our law firm. If you were the victim of a recent Phoenix traffic accident, call our law office today at 602-910-4952 to schedule your free initial consultation.

So, you’ve been injured due to the negligence of another person or entity, and you know you need the services of a personal injury lawyer. But where do you turn?

It’s critical to find a personal injury lawyer who will be a good fit for you and the particular situation you find yourself in. Therefore, your first step should be to narrow your choices. 

The best way to do this? Ask questions. 

Find a firm who specializes in personal injury law, make a consultation appointment, and bring a list of your most pressing questions. Most personal injury lawyers offer no-obligation initial consultations. This means you can meet with them for free to explain your case and get some feedback.

Generally, at this meeting, the lawyer will tell you if they think you have a strong case. But it’s also an excellent time to ask important questions that can help you decide if this lawyer will be right for you. 

In our more than 20 years of experience practicing personal injury law in Phoenix, we’ve found that the most important questions clients ask during their consultation meetings are as follows:

1. How long have you been practicing law?

With this question, the answer you’re looking for is simple: The longer the lawyer you’re speaking with has been practicing personal injury law, the better. 

It’s also good to affirm that the lawyer has been practicing personal injury in your state and region. Local laws change as you move around the country, and you want someone with experience in your particular geographic location.

2. What types of personal injury cases do you usually handle?

There are different types of personal injury cases. Many lawyers will specialize in one sub-area — for example, personal injury auto accidents. Get a good handle on what types of cases the lawyer you’re speaking with has handled in the past.

3. Have you handled cases such as mine before?

Remember that personal injury cases can be different even in the same sub-area. So, for example, if you were driving and got involved in a car accident caused by a drunk driver, this type of case will still be very different from an accident wherein you were hit by a company semi while on your bike. 

Ideally, your personal injury lawyer has experience with cases that occurred under similar circumstances as yours. This will give them valuable understanding and an advantage as they move forward with your case. 

4. Do cases like mine generally have a positive outcome?

If the lawyer you’re interviewing has indeed handled cases similar to yours, ask about the outcomes. Naturally, you want to hear that they were able to win the cases for their clients and receive substantial payouts to cover the deserved damages.

5. Will you actually be the one handling my case?

Some legal firms will have huge teams of lawyers working for them. Though you may meet with a partner upon your initial visit, this won’t necessarily mean that you’ll be working directly with that lawyer. 

While this isn’t always necessarily a bad thing, you deserve to know if that’s going to be the case. Unfortunately, some lawyers won’t volunteer this information. Therefore, always ask: If I move forward with my case at this law firm, who exactly will I be working with on a regular basis?

6. How does a case like this work? What is needed from me?

Ask about their procedure for handling the case. This may vary, depending on your unique situation and the circumstances of your case. Generally, you’ll be asked to provide documents and evidence to start with, which can take a substantial amount of time. The documents and evidence may include photographs and video, police reports, medical reports, pay stubs, insurance information, witness testimonials, and more.

7. How much will it cost me to hand over my case to you?

Most personal injury law firms work on a contingency basis. This means that you don’t pay them unless your lawyer wins your case for you. In that case, they will receive a percentage of the damages you win from the at-fault party. Generally speaking, the fixed percentage that will need to be paid to the lawyer if you win will be about one-third of your recovery (damages).

8. How long do cases like this usually last?

Lastly, you’ll want an idea of how long your case should usually last if you decide to move forward. Again, this can vary widely, depending on a myriad of factors, but it’s a wise question to ask. Your lawyer will often have a rough idea of the timeline you can expect.

Are You in Need of a Highly Experienced Personal Injury Lawyer in the Phoenix Area?

Personal injury cases are those in which an individual is seriously injured as the result of the negligence of another person, company, organization, or the government. 

Being severely injured in such a situation can lead to tremendous physical and emotional pain and suffering. Moreover, recovery will undoubtedly require substantial and ongoing medical treatment and mounting health care bills. Some people individuals will end up losing time at work and may even lose their jobs entirely. 

At Petersen Johnson, we work on behalf of these individuals and their families. It is a cornerstone of our firm that they are treated fairly and with compassion and commitment. 

If you have been unfairly injured due to the negligence of another, please call Brad Johnson Injury Law. We would be happy to schedule a free, no-obligation initial consultation with you to discuss your case. Call today at 602-910-4952.

No matter what kind of auto accident you are in, you are almost guaranteed to have a hassle ahead of you. But different types of accidents present their own unique set of challenges.

How to Prevent Rear-End Accidents

 Across the country, rear-end accidents represent up to 30% of all traffic accidents, and they happen no matter what condition the road is in, and in just about every type of weather. As you may expect, they are most common near intersections. Taking extra care can go a long toward preventing these accidents or lessening their severity. Here are a few things drivers can do.

Leave a Proper Gap When Driving

It is important to have plenty of space in front of you as you drive in order to give yourself plenty of reaction time if a car slows down in front of you.

Watch Your Speed

Avoid speeding. Some areas have had increases in speed limits and traveling at higher speeds makes it more difficult to stop to avoid hitting another vehicle. The faster you are driving the longer it will take to stop. By keeping speeds reasonable, perhaps even slightly under the speed limit, you can prevent an accident or greatly reduce the potential impact.

Have a Buffer Zone at Stops

With stop-and-go traffic, it is easy to want to move forward as much as possible at each opportunity. However, it is best to leave a buffer zone at stop signs and stoplights between yourself and the driver in front of you. It will give you extra time when traffic is moving again.

Avoid Distractions and Be Ready for a Green Light

Also, if you are one of the front cars coming to a stop, be sure to stay attentive at the stop sign or light and be ready to move forward again as soon as it is safe to do so.

Reacting to an Accident

Sometimes you can be as careful as humanly possible, and you still manage to get rear-ended, or perhaps you run into someone else. It is easy to get emotional, but it is important to keep your cool and stay neutral as you are reacting to the accident. Show concern for others involved, especially is anyone seems to be injured, and properly attend to your own injuries.

With rear-end accidents especially, injuries are not always apparent. Be careful not to declare yourself “fine” right off the bat, even if that is how you feel. It is very common for symptoms like neck or back pain to surface several hours or even days after an accident. Whether your vehicle was the front vehicle or the back vehicle, you can still be assessed as being partially responsible for the accident. In every accident, there are many factors that come into play, so it is important not to admit to any specific wrongdoing until the incident has been fully investigated. Many people go to the emergency room to assess injuries but getting checked by a chiropractor as well can be beneficial as well as it will tie related injuries to the actual incident.

Role of an Attorney after a Car Accident

So, people react to a car accident by simply exchanging information and best wishes to anyone who is involved. They may call their insurance agent who will offer to process the claim quickly and allow you to get back to your life. This can be a mistake. Injuries may be under-reported and the right to make a larger claim may even be voided. Insurance agents may seem nice and helpful, but they work for the insurance companies and the smaller your settlement is, the better things look for them. An experienced car accident lawyer like Brad Johnson knows how to get you the full amount you are entitled to and quickly, despite the insistence of the insurance companies to attempt to shortcut you on your compensation. 

When You Win, We Win

At Brad Johnson Injury Law, our success is tied to your success. We don’t get paid unless you win your case. We will go the extra mile and look at the details of the police report in order to help assure that the fault is properly assigned. We can also make sure that compensation doesn’t end with paying your immediate medical bills or fixing your car, but we’ll make sure factors such as ongoing pain and suffering, lost wages, and care expenses for your family are all considered fairly. All too many people involved in a rear-end collision think they are fine, only to deal with chronic pain for the rest of their lives.

At Brad Johnson Injury Law, our reach extends beyond Phoenix to help those who have been involved in car accidents and other personal injuries across Arizona., whether it’s Mesa or Scottsdale or one of several other cities in the state. We highly recommend that you come see us as soon as possible after an accident. By doing this, you help to build a strong case and get you the care and compensation you need. Get a free case evaluation and get the justice you deserve after your car accident.

 

Traffic accidents are a stressful experience for everyone involved, and when there is damage to the vehicles involved or injuries to the drivers or others in the vicinity, that stress only multiplies. Of course, the first question to ask is, “Is everyone okay?”, but after that, it’s time to determine fault. In Phoenix, Arizona there is a lot to consider when determining who is responsible for a traffic accident, and to what extent.

Understanding Comparative Fault

Arizona is a comparative fault state, so whoever is at fault for an accident is the one that is held financially responsible for paying for any costs connected to the accident. Liability, however, isn’t necessarily given to just one driver. Many factors come into play when an auto accident happens, and those involved may be assigned a percentage of fault, which can affect how much of an insurance settlement that person qualifies for.

When you are involved in a traffic accident, it can appear at the time that the fault lies completely, or nearly completely with one individual, but further investigation may reveal that both parties played a role, or there may even be some other factor that adjusts fault in a particular case. Police reports and insurance companies often look at an incident from a different perspective, and it is best not to assume anything or be overly anxious to take all the blame. 

When you are at the scene of an accident, it is natural to be concerned about anyone who might be hurt, but it is important not to use this as a reason to blame yourself, at least not openly. Liability can be affected by many different factors. You don’t know what was going on inside the other car. 

Once the full story is out, you may feel completely different about the accident, and by that time it will be too late to take back anything you may have admitted to. It can even cause the insurance company or others involved in the accident to accuse you of perjury. 

Emotions run high after a car accident, but having a steady professional, such as a car accident attorney to help you can help clarify what happened and prevent you from taking too much blame or help make sure your own compensation is fair as well. 

Rarely is One Person Entirely to Blame

One of the reasons why Arizona is a comparative fault state is because it is rare that one person is completely at fault. Even if something seems obvious, like hitting someone when turning on a red light, it can have a varying fault level if the other driver was going too fast or was distracted while behind the wheel. It may seem cold, but don’t state that the incident is your fault, even if you believe it to be. Be as straightforward as possible when reporting the incident to police but resist the urge to fill in the blanks when you come across information you don’t understand or remember. Talking to an attorney as soon as possible can help many of those questions get answered and give you peace of mind that someone is on your side looking after your interests.

There’s a good chance that both your own insurance company and the insurance company of the other driver will try to get you to admit to a larger share of the blame than you really deserve. This can be done by asking direct questions, or more subtly through small talk. You need to sort things out in your own head, with your own attorney before making official declarations. It is also best to consult an attorney before releasing any rights to your medical information. 

The Difference of Pure Comparative Fault

In Arizona, Comparative Fault is assessed as a “pure comparative fault.” It looks at how much the plaintiff’s damages cost in dollars and assigns a percentage of fault to each party involved. If it is determined that your accident “costs” $100,000, (including medical bills, lost wages, pain and suffering, and other expenses), and you are 30% responsible your portion of the payout from the insurance company will be reduced to $70,000. 

Because of the “pure” comparative value, you may be entitled to compensation even if it is determined that you are the one who is 70% responsible, but your payout would be just 30% of the assessed costs. This is different than other states with comparative fault rules, that don’t allow for a payout if fault is more than 50%.

At Brad Johnson Injury Law, our accident attorneys understand that traffic accidents are hard on everyone involved. Situations arise while driving that drivers don’t always have complete control over, and whether you are in Phoenix, Scottsdale, Glendale, Avondale, or Paradise Valley you deserve a thorough examination of your personal injuries, damage to your vehicle, as well as the proper assignment of fault percentage so that you can get the compensation you deserve, while minimizing any increase to insurance premiums going forward. To learn more, contact us at 800-3-Injury to schedule a free consultation.

Dogs enrich our lives in many ways, but as much as they are friendly companions, they also can be dangerous if they bite. In Arizona, dog owners and caretakers are held responsible for dog bites. That can be comforting if you are the person who was bitten by a dog, or somewhat distressing if it was your dog that bit another person. Either way, it is important to be prepared and to do what you can to prevent dog bites.

Preventing Dog Bites

Taking Steps to Not Get Bitten

The best way to handle dog bites is to not get bitten. That means not approaching dogs you don’t know. If they seem friendly, double-check with the owner to make sure the dog is likely to be open to the interaction. Let the dog smell your hand before you attempt to pet it. If a dog approaches you, stand still, and if they knock you over curl into a ball to discourage any aggressive behavior. Looking at a dog directly in the eye may be interpreted as aggressive. If a dog is running loose, don’t look at them directly, but tell them firmly to go home.

It is important that dogs are comfortable and do not feel threatened in order to reduce the chance that they will bite. Aggressive behavior, even in play should not be encouraged. Running from a dog or making loud noises may make him feel defenses. Dogs are also on high alert if they are eating or sleeping, or if they are taking care of their puppies.

Keeping Your Dog From Biting Others

For the most part, dogs will treat others how they are treated, so be sure to raise them in a gentle, non-threatening environment and avoid aggressive play that may turn into real aggression. Make sure they are supervised and confined to your home and don’t let them run free off-leash where they can escape and get into trouble. Instruct children, guests and strangers to use care if they approach your dog, regardless of how friendly you believe your dog to be.

What to Do If You Are Bitten By a Dog

If you or your child is bitten by a dog, tending to the immediate wound or wounds tops the list of things to do. After that, the most important thing to do if a dog bites you or your child is to identify the dog and their owner. This will allow you to know what kind of hidden dangers may be included with the bite. First of all, you will need to determine if the dog is current on their rabies vaccination, but there are also other ailments that you may find yourself afflicted with after a bite including

• Staphinfections
• Capnocytophaga bacteria, which can contribute to infections in people with weak immune systems
• Pasteirella bacteria, common in dog bite wounds that cause swollen glands and joint problems for those with weak immune systems.
• Tetnus- a type of toxin that can cause paralysis, especially with deeper bites.

A dog bite is no joke. Even if it doesn’t look serious, it is important to get medical attention as soon as possible. 

You not only need to protect yourself from the immediate wound, but you need to protect yourself legally. That means treating it like any other type of accident and getting information from any witnesses, taking photos of the wounds and contacting a dog bite attorney.

Taking Action After a Dog Bite

In Arizona, if you want to take action after being bitten by a dog, there is a limited amount of time to do so. The statute of limitations for negligence is two years, or in the case of a dog biting a child two years after that child turns 18. There is, however, a strict liability rule in Arizona, which means that the owner is liable for the bite, whether they had reason to suspect the dog could be potentially aggressive or not. The statute of limitations for strict liability is only one year. If you are defending your dog as an owner, you will need to show that your dog was provoked or that the person bitten was trespassing at the time the bite happened.

For dog lovers, it can sometimes be tempting not to report a dog bite, but for the safety of the community, it is important that these incidents be reported. Once a dog is reported to have bitten someone, they will need to be quarantined for ten days. If they are current on all their required vaccinations, they can stay home. If they are not current, they must stay at the pound or at a veterinary hospital at the expense of the owner.

Viciousness Determination

By law, the county will need to determine whether the dog should be considered “vicious” and may rule that proper warning signs are displayed or in some cases, an especially aggressive and dangerous dog may need to be put down.

Caring For Current and Future Injuries Caused By a Dog Bite

In many ways, dog bites are like many other personal injuries. They result in both immediate medical costs and may mean that the injured person has to take time off work, have extra expenses while they recover, and have an extended period of pain and suffering. Unless the dog owner can put up a strong case that their dog was provoked, they will be held financially responsible for these expenses. 

At Petersen Johnson, we can help you keep track of all your dog bite-related injuries and promptly file a claim to get the compensation you deserve for your injury. To learn more, or to schedule a free consultation, contact either our Phoenix location or our West Valley location in Avondale at 602-910-4223.

Insurance fraud is a serious offense in Arizona, and one of the most common types of insurance fraud is the staged accident. 

Criminals stage auto accidents in order to obtain undeserved insurance payouts. Of course, insurers pay close attention to all of their payouts in order to catch fraudulent claims as soon as possible. After all, it’s the insurance agencies who are seen as losing the most in these situations. 

In reality, however, another party is often instigated when a criminal stages an accident for a fraudulent insurance payout, and that’s the individual or organization who is said to be at-fault for the accident — the party whose insurance pays out the claim. This could be you. 

Below, we’ll outline everything you need to know about staged auto accidents in Arizona, including what you can do if you think you’ve fallen victim to such a crime.

What Is a Staged Accident?

Insurance fraud occurs when a claimant makes a false or exaggerated claim with an insurance agency — either their own insurer or another party’s. A staged accident is a type of insurance fraud. 

In a staged accident, several criminal-minded individuals make a pre-organized plan to stage an auto accident in which it will appear that another innocent party was at-fault. After the accident occurs, the group who supposedly incurred injuries in the accident will file numerous claims with the innocent at-fault party’s insurance.

Here’s an example called the “swoop and squat”:

Let’s say you are the innocent driver, just trying to get to work on an average weekday.

Traffic is heavy on the freeway, and vehicles are constantly merging on. Suddenly, the car in front of you breaks abruptly and comes to a complete stop because a car had dangerously cut in front of them as they merged onto the highway.

You try to brake and avoid hitting the car, but you’ve no chance, and instead, you slam into their rear. 

While you might assume that this is simply an unfortunate accident, this is actually one of the most common staged accidents, and it even has a name: The “swoop and squat.” 

In this scam, once the supposedly injured party has obtained your insurance information, they will file multiple claims in order to get your insurance to pay out large sums of money.

Where Do Staged Accidents Tend to Occur?

You’ll often see this type of insurance fraud in no-fault states. 

While exact definitions vary, no-fault states are basically those that do not require you to prove fault in another driver in order to receive an insurance payout for injuries incurred in an accident. Instead, the process is more streamlined and, in many ways, more direct. 

In Arizona, which is not a no-fault state (it is a fault-based state), staged accidents are still quite common. Many of the staged accidents involve multiple parties. As opposed to one party accusing another party of causing an accident that they, in fact, orchestrated, Arizona sees a lot of staged accidents involving literal crime rings of numerous actors who all get payouts once the grift is successful. 

For example, in the example above, a “runner” may arrive on the scene. “Runners” are individuals involved in the scam who “just happened to be passing by” and will recommend that the injured parties be checked out by a doctor. But the doctor will also be in on the grift. They will diagnose injuries that are difficult to prove, thusly providing the perfect “evidence” that the “injured” parties were indeed injured by your “reckless driving.”

How to Spot a Staged Accident

The real victims of staged accidents are those drivers who are pinned with the fault in a serious auto accident. But it can be hard to know if an accident you are involved in is indeed a staged accident — or just an unfortunate event. 

To help you discern the veracity of an accident, look for these signs, which may indicate foul play:

• Sudden stops that come out of nowhere
• A vehicle loaded with people who all seem to have medical issues after the accident
• Individuals who complain incessantly of injuries even though the accident didn’t seem that severe
• Seeing “jump-ins” when it suddenly looks as though individuals are jumping in and out of nearby cars (or coming out of nowhere) so that it appears there were more passengers in the car you hit than there really were
• “Runners” or “cappers” who turn up suddenly at the scene of the accident and try to get you or others to do things like see a doctor or call a particular attorney.
• Other witnesses who make phony claims
• No interest in calling the police from the other party

What you should do in the event of an auto accident you are involved in:

• Call the police immediately
• Start documenting everything immediately with your smartphone or a camera
• Do not listen to and avoid supposed witnesses and “runners” who suddenly appear at the scene
• Call an attorney if you suspect any sort of foul play

Are You Concerned You Were Targeted in a Staged Accident? Contact Brad Johnson Injury Law Today

At Brad Johnson Injury Law in Phoenix, our primary goal and the cornerstone of our firm is to stand up for the rights of traffic accident victims. 

If you believe you may have fallen victim to a staged accident, you have the right to prove fraud and seek damages, not only for your personal injuries and pain and suffering, but for any additional expenses such as damage to your vehicle, insurance payouts, and increased premiums. 

Our attorneys at Brad Johnson Injury Law are on your side. Contact us today at 602-910-4952 to arrange a free case evaluation.

There’s been a lot of attention put on distracted drivers in recent years, and in some cases, it has taken away from a problem that has existed for a long time, long before cell phones were commonplace. Drunk driving. As a nation, the U.S. has a serious issue in drinking and driving. According to the Center for Disease Control, about a third of traffic fatalities involve a drunk driver in some way. Clearly, we can’t let ourselves be distracted from the issue of drinking and driving, it’s an important issue for both the person who is charged with a DUI, as well as anyone injured or affected by an impaired driver.

What Does It Take To Drive Impaired?

It is easy to be horrified by drunk driving accidents, but there are many who get behind the wheel after drinking more often than they like to admit. In Arizona, and across the country, the legal limit for blood alcohol content is .08 percent, or if the person is driving with a commercial license it is .04 percent. If the driver is under 21, any amount of alcohol in their system will make them vulnerable to being charged with a DUI. Technically, any amount of alcohol can compromise a person’s ability to operate a motor vehicle safely, regardless of how well they think they can “hold their liquor” or how good of a driver they might be. 

In Arizona, drunk driving accidents happen slightly more often than the national average, however, fewer people report that they have driven after drinking too much. Between 2003-2012 over 2900 people were killed in Arizona drunk driver-related crashes. 

There are many calculators that attempt to show people how much they can safely drink and stay below the legal limit. These are calculated by considering factors such as gender, weight, and food consumption along with the amount and type of alcohol consumed and rate of consumption. Women normally metabolize alcohol slower than men, because biologically, they have fewer enzymes to break it down. Weight is not created equal either. Someone who is heavier due to a greater amount of muscle will metabolize faster than someone of similar weight, but a higher percentage of body fat. 

Who Gets DUIs?

Despite the fact that women are more vulnerable to having their BAC rise over the legal limit, there are significantly more males being charged with drunk driving, accounting for almost 70% of drivers involving alcohol. Women get DUIs too, of course, and may need to be even more careful because alcohol metabolism is harder to pin down.

What a DUI Means

The state of Arizona is not shy about charging and fining for a DUI. Even on a first offense, a person found driving with a BAC over .08 can be put in jail for 10 days and fined over $1200. This goes up to 90 days and $3000 if it is a second offense. Penalties climb further id BAC is measured above .15 percent. Monitoring after a conviction ranges from having your vehicle fitted with an ignition interlock device to the loss of the driver’s license. Jail time, education and treatment, and community service may all be required as well.

If You Are Stopped for a DUI

The first person to make a guess as to whether a person is suspected of a DUI is a police officer. In most cases, the officer will notice that driving skills are impaired in one of several ways, such as by going too fast, weaving on the road, or improperly obeying traffic signals. They may also come onto the scene of an accident and see someone who appears to be intoxicated, without witnessing that person actually being behind the wheel.

If an officer thinks you look intoxicated, they will often attempt further investigation, which normally involves field sobriety tests. A person who finds themselves in this type of situation should always be courteous, but they can ask to speak to an attorney in private. Often, officers will ask to perform a field sobriety test, but the results are highly subjective and can be easily failed even if the person has not been drinking, simply because of lack of coordination or from being nervous over being stopped. It is okay to refuse a field sobriety test, but in most cases, you should cooperate with a blood test. When the BAC blood test is confirmed, if it is over the legal limit the person will be informed of any legal action against them.

If you are Injured, or if a Loved One is Killed by A Drunk Driver

If you or a loved one is on the other side of a drunk driving accident and are injured or killed, it is important to work with an attorney of your own. Do not assume that the criminal justice system will take care of you. Legal ramifications for drunk driving and civil action are two separate things. 

At Petersen Johnson in Phoenix, we stand up for victims of traffic accidents and have done so for over 20 years. Whether a person’s drinking and driving has led to a personal injury, or you need to pursue a wrongful death suit, we can often help our clients get compensation for their injuries or loss, even if the driver somehow escaped criminal charges. We also cooperate with police with our own investigation and may help justice be served there as well. Contact us at 602-910-4223 to schedule a free case evaluation.

There is a potential for an accident regardless of where you drive, but there are places in Arizona where it is necessary to be a little more careful in order to stay safe.  Here are seven of the most dangerous roads in the state.

U.S. Highway 93; Phoenix to Las Vegas,

This stretch of road is listed by Arizona News as not only a dangerous road in Arizona but the most dangerous in the country. Between 2010-2016, 90 people were killed in 70 crashes on this stretch. Medical response times are typically slower in this area, making it even more vital to be extra careful on this road.

Beeline Highway (State Highway 87)

Arizona State Route 87 from Eloy to Payson is referred to as Beeline Highway. Many people travel the road for great hiking in Payson, but there a lot of zigs and zags and twists and turns along the way.

Salt River Canyon

Salt River Canyon is near Globe, AZ and along U.S. 60. It is very scenic, but if you really want to enjoy the view, let someone else drive, or actually pull over to look around. the road itself is winding, and there are no walls to help protect you from heading into oncoming traffic. It’s a true test of focus.

Interstate 10

I-10 is the road most traveled by those heading to the beaches in California. It goes all the way across the state, from Tucson to Phoenix.

Interstate 17

If you want to go from Phoenix to Flagstaff, chances are you’ll spend some time on I-17. The problem with this road is the elevation. It actually gets icy, and by the end of the journey, the densely populated, which can make for a lot of accidents waiting to happen

Interstate 19

At less than 65 miles, connecting Nogales and Tucson, I-19 isn’t especially long, but it is known for being deadly. The stretch was ranked in the top 40 of America’s 100 Deadliest Highways. Between 2004-2008 57 people were killed on the highway, nearly one per mile.

State Route 64

State Route 64 is another highway that has a high accident rate, largely because traffic moves very fast. The average speed is over 80 mph, and it is not unusual for speeds over 110 mph to be reported. Many of those travelers are headed to the Grand Canyon, with many drivers not used to the road. 

Driving Safe on Dangerous Roads

While avoiding dangerous roads is the absolute safest bet, it really isn’t a practical option for most people. Your defensive driving skills will need to be on high alert in order to stay safe on these roads. The first thing to do is to make sure you are not unnecessarily impaired as a driver. That means avoiding any driving in a compromised state, including when you are fatigued, are under the influence of alcohol or other substances, are using your cell phone (including hands-free). Arizona recently passed a law restricting the use of handheld devices while driving, but there is still some level of distraction, even using hands-free models. It is best to keep your phone out of temptations reach during some of these dangerous roads. You need to be at the top of your driving game on these roads, and you need to keep a close eye out for anyone else who might not be as careful as they could be.

If You Are In An Accident

Staying calm and making sure everyone is okay is probably the best tip to follow in the immediate aftermath of an accident. Be sure to take plenty of pictures and get witness accounts of what happened. File a police report, and talk to your insurance company and an attorney about your injuries and any potential financial losses you might face because of them.  The cost of an accident goes beyond fixing a damaged vehicle and paying for immediate medical care. There are often long-term problems that reduce potential earnings in the future or that result in additional daily expenses, like help with housework or childcare.

Every case is different, so it is important to continue to document your journey in order to give your lawyer the tools they need to help you. At Brad Johnson Injury Law, we assist clients from all over the state of Arizona and can help you determine what type of compensation is worth pursuing, and how to present your best case in order to recover as much as possible. We have a strong reputation in a wide variety of personal injury and wrongful death cases, and we work closely with police, investigators, and other professionals to build a strong case for you. to learn more about all the ways we can assist you after you’ve been injured on one of Arizona’s dangerous roads, Contact Brad Johnson Injury Law at 602-903-2617 to request a free consultation. If we accept your case, we will work hard to get you the compensation you deserve.

According to the Governors Highway Safety Association’s annual report of pedestrian traffic fatalities, Arizona had the fifth-highest number of pedestrian fatalities in the nation, from January to June of 2018. 

This makes Arizona an extremely risky state for pedestrians, who can be knocked down and severely injured by cars, trucks, buses, motorcycles, bicycles, and even dogs. If you were recently injured as a pedestrian in Arizona, you have the right to file a lawsuit against the individual or party who caused your injuries. Compensation for your medical bills lost wages, and pain and suffering are warranted.

Below, we’ll discuss the most important things you should know about your rights as a pedestrian in Arizona, including common causes that can lead to pedestrian injuries and what you should do if you have been the victim of a recent accident.

Common Causes of Pedestrian Accidents in Arizona

Upon examining the unfortunate injuries and deaths of pedestrians in Arizona over the years, it has been found that the following situations cause most of the accidents.

Impaired Driving

Impaired driving, driving under the influence, or drunk driving all refer to the compromised state of a driver behind the wheel because of alcohol or drugs. In fact, impairment is most often caused by alcohol; however, other substances may be being abused as well. For example, it’s not uncommon for individuals using sleep medications to feel groggy or drugged behind the wheel. Marijuana, cocaine, heroin, and other drugs may also be factors in the event of a pedestrian collision.

Smart Phones

These days, cell phones are implicated in a large portion of pedestrian-related accidents and deaths. Cell phones may be being used by the driver of a car or even by motorcyclists and bicyclists. 

Those who can’t steal their eyes away from their phone to put their focus on driving their vehicle, motorcycle, or bike put pedestrians at risk. In fact, cell phone-related accidents now rival impaired driving accidents when you look at the statistics. 

Even when drivers use hands-free features (such as Bluetooth earpieces, speakerphone, or voice commands), they can still be cognitively distracted. This means they are focusing the majority of their mental attention on their phone call or voice-dictated text message instead of on their driving.

Furthermore, it’s nearly impossible to carry out even the most basic of hands-free actions without occasionally looking at the phone screen itself. But as we know, it only takes a millisecond of looking away from the road to cause an accident.

Distracted Driving

The most notable example of distracted driving is driving while using a smartphone. We’ve already gone over this common cause above, but there are other things that can distract drivers and cause them to knock down pedestrians as well.

Most notably, it has been found that drivers are often trying to do too many things at once. Instead of focusing solely on safe driving, they are trying to simultaneously drive while they also:

• Eat or drink
• Put on makeup
• Attempt to discipline or take care of a baby or child in the backseat
• Rummage through their book bag or purse
• Talk on the phone
• Engage in intense conversation with other passengers
• Play with a radio or MP3 player
• Navigate where they’re going or perform other in-car tasks using a touch screen console

All of these tasks can distract the driver enough to accidentally swerve off the road or miss a passing pedestrian.

SUVs

Today, more than ever, an increasing number of SUVs are on the road. This influx has caused any accidents that do happen between vehicles and pedestrians to be much more severe. Instead of being knocked down and scraped up by an average-sized car, a pedestrian may be completely knocked out and sustain serious injuries if they are struck by an SUV.

What Are You Entitled To if You Were Injured in a Pedestrian Accident?

If you were injured by a vehicle, motorcycle, bike, or dog in Arizona, you are entitled to compensation for your injuries and pain and suffering. These situations can be physically and emotionally agonizing for pedestrians. In Arizona, you should be able to walk or jog without fear that you will be hit and severely injured. 

As a result of your injuries, you may have suffered:

• Severe physical pain
• Medical trauma, including multitudinous tests, exams, and assessments
• Invasive surgeries
• The ordeal of physical therapy
• Side effects from medications
• Emotional pain and suffering
• Lost salary or wages

All of this can cost up to hundreds of thousands of dollars in bills and lost earnings and, worse, a tremendous amount of emotional and mental pain and distress. This goes for the individual who was injured and their families. 

Under Arizona law, you have the right to file a lawsuit against the at-fault party. A lawyer can assist you in organizing your case and ensuring that all deadlines are met and all paperwork is adequately completed. The filing process can be complicated and drawn-out, and having an experienced and skilled personal injury attorney on your side will make the process less traumatic, faster, and more likely to succeed in your favor. You deserve compensation for your injuries.

Were You Involved in a Pedestrian Accident in Arizona? Contact Brad Johnson Injury Law 

Brad Johnson built his personal injury law firm with the founding principle that the victims of accidents deserve commitment and compassion. We’ll help you get the compensation justified for your injuries, pain, and suffering. 

Contact us today at 602-910-4952 to learn more.

If you have been in a car accident, you may not feel aches or pains immediately after the accident. However, the symptoms of whiplash from rear end collisions typically show up 24 to 48 hours after the incident. In some cases, they can be devastating, while in others, they cause neck pain that comes and goes. In every situation, if you are in a rear end car collision, seek out medical care from a local emergency room as a first step. Then, see a doctor in the days after the incident if you develop any pain.

What Is Whiplash?

Cases of whiplash occur frequently. Whiplash is a type of neck sprain or injury that results in damage to the soft tissues of the neck including the muscles and ligaments in the area above the shoulders. It happens as a result of the rapid back-and-forth movement of the head, usually with significant force. This commonly happens when a person is hit from behind during a car accident. The jolt from one vehicle hitting the other causes the head to move rapidly back and forth, damaging the muscles and tendons there. Whiplash can also be caused by sports or other traumatic events.

What Are the Common Initial Symptoms of Whiplash?

Many people with a whiplash injury will feel minor pain and discomfort right after the incident but some do not. Imagine being in a car accident and feeling your body tighten up. You may feel a bit of shock. If there is any adrenaline moving through your body, it will mask any symptoms. That is why you should always visit your doctor even if you think you are okay.

The most common initial signs of whiplash include:

• Stiffness
• A mild headache
• Neck pain

In some cases, taking over-the-counter pain medication may alleviate the pain, much like it helps with a sore muscle. However, whiplash can be mistaken for other conditions. If the pain does not go away on its own, it’s important to turn to your doctor.

Additional Symptoms of Whiplash That Develop Over Time

Some people experience more significant levels of pain and discomfort after a car accident. For example, the movement of your neck may be significantly more if the vehicle was traveling at a higher rate of speed when it struck your car. In this type of injury, there can be a higher risk for traumatic brain injury or damage to your spinal column. As a result, you should seek out immediate care if you have any noticeable injury from the incident.

In the days following your accident, you may notice additional symptoms of whiplash from rear end collisions. They may include:

• Significant neck pain and stiffness
• A loss of range of motion – it hurts to move your head from side-to-side
• Pain seems to worsen if you move your head
• Fatigue
• Tenderness in the upper back, shoulders or arms
• Dizziness or trouble balancing
• Tingling or a numb feeling in the shoulder, arm or hand

Most of the time, your doctor can offer treatment for your pain. Allowing your body to heal may be all that is necessary. In other cases though, you may need additional care.

Long Term Impact in Severe Cases

Some people develop more intense long term physical changes as the result of a car accident. Though not as common, it is possible to suffer pain, limited range of motion, and a variety of health consequences due to an accident like this. These losses may include:

• Difficulty sleeping
• Irritability
• Ringing in the ears
• Memory problems
• Problems with concentration
• Confusion
• Depression

If you notice these symptoms, it is critical for you to work closely with a doctor to determine the underlying cause. You may need more invasive treatment to handle damage to your spinal column or nerves.

Complications from Whiplash

Most people do not suffer any long term consequences from whiplash. However, in severe cases, it can happen. This may include pain that fails to improve over time. It may include a loss of range of motion. Some people suffer from unexplained headaches afterwards. Lower back pain, neck pain and arm pain may also linger. This type of pain can last for months or years after the accident.

How Can Personal Injury Attorneys Help After Whiplash?

One of the most important things to know about whiplash is that you can get financial support for the care you need. If you suffer damage from a seat belt, whiplash, or experience other physical injuries as the result of another person’s actions, you may be able to get financial compensation for those losses. This includes:

• Your initial emergency room visit
• Diagnosis and treatment of whiplash in the days that follow the accident from your doctor or an emergency room
• Any inpatient stay that you have at the hospital
• Physical therapy costs for improving your range of motion
• Coverage for chiropractic care that can help with improved pain reduction
• Long-term rehab or other needs you may have
• Payment for lost time at work due to the accident, treatment for it or even legal matters related to it

When you exhibit symptoms of whiplash, it is critical that you get medical help immediately. Do not put off seeing a medical professional. Be sure to let your attorney know what steps you have taken to secure the care you need. Inform your attorney about any passenger in the car who also suffered whiplash.

Our Team at Brad Johnson Injury Law Can Help After a Rear End Collision

Don’t settle your case with your insurance company or the responsible driver’s insurance company. Instead, allow our team to take a closer look at what type of financial compensation applies to your case. Call Brad Johnson Injury Law for the help you need. For a free consultation with our knowledgeable car accident attorneys, contact us online or call us at 602-285-6100 today.