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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.

When an accident occurs, your first reaction should be to get help. However, once the dust settles, how do you deal with a t-bone accident, also known as a side impact collision? This type of accident can be deadly. Estimates are that up to 10,000 people die each year as a result of these types of car collisions. If you have been the victim of such a crash, it is critical that you seek out the help of an experienced accident attorney. At Brad Johnson Injury Law, our accident lawyers can manage the entire claims process and guide you step by step.

What Is a T-Bone Collision?

A broadside collision like this occurs when one vehicle smashes into the side of another vehicle, rather than the front or back. This creates a T shape. Most commonly, this happens when someone enters an intersection improperly – usually as a result, two vehicles going in opposite directions collide.
There are various reasons this type of collision occurs. It is always the result of one person failing to yield the right of way to the other party. The question that has to be answered is if someone was negligent and who had the right of way. For example, someone may make an unsafe turn when a light turns yellow or at a stop sign, not recognizing the fact that the other driver is moving. Other people may be making a left turn while another person is going forward. If you run a red light and hit another person, the accident is your fault.

Determining Fault in T-Bone Crashes

One of the biggest problems after a t-bone accident is in regards to fault. When you exit your vehicle, do not to admit any guilt. Simply state what you thought was happening. Perhaps you believe you had a green light. You may believe the other driver was speeding.
Communicate the details of the incident to the police at the scene of the accident. Ultimately, the police officer will use the facts of the case and the evidence on the scene to determine who is at fault.
If you are at fault, your liability insurance may be required to pay for the losses the other driver suffers. If the other party is responsible for the incident, their liability insurance should cover your losses. However, it is the right of all involved to disagree with the incident and for the case to move through detectives and even the court system to determine fault. It is a key advantage to have a car accident attorney in your corner.
If you are at fault for the accident and you have collision insurance, your policy may help cover the losses you face. This may include damage to your physical health and vehicle. Without this type of coverage, you may not have financial protection.

Obtaining Compensation for Your Losses

Filing a claim after a t-bone accident is not simple. You should determine the extent of your losses. This includes any type of monetary amount you lost as a result of the accident. Here are a few key examples that are common after this type of incident.
Medical Bills – Most people have medical bills after a t-bone accident due to the likelihood that they are hurt in the accident. These bills include emergency room costs, as well as long-term needs, such as rehabilitation and therapy. It may also include the costs associated with holistic care such as chiropractor bills. However, only injuries related to the accident are covered.
Lost Wages – Did you miss work because you were in the hospital or recovering? You may have missed work to go to a court hearing as well. Any lost wages due to the accident should be included in your calculation.
Pain and Suffering – This type of accident can create long-term, debilitating conditions. You may be able to claim pain and suffering as well.
Both the driver and passenger in the vehicle can obtain this type of compensation. No matter what occurred, you can file a claim with the involved insurance companies to seek financial support.

Get a Free Consultation From Our Team

As a personal injury lawyer, Brad Johnson Injury Law is here to help you after any accident. For a free consultation with our dedicated car accident attorneys, contact us online or call us at 602-285-6100 today.

When you are a passenger in a car accident, whiplash is a real concern. You may be struggling with pain, limited movement, and mounting medical bills. As the passenger, you may be unsure who to call or turn to for help in covering your losses. Yet, there is help available to you. If you’ve been involved in a car accident, no matter who is at fault, you should have your own car accident attorney to represent you in this legal matter.

Who Is At Fault?

Passenger injuries are can be devastating or minor. They can involve a few days of missed work or months of rehab. However, who pays for these financial losses depends on the situation. In most cases, accident injuries are paid for by the person at fault, or his or her insurance company.

Who determines fault in an accident, then? Generally speaking, motor vehicle accidents require a police officer to visit the location at the time of the incident to file a report. If this does not happen, it’s possible to head to the police department to gather insight into filing a claim. The police department or investigators determine who is at fault based on the evidence in the case. This evidence includes any physical evidence from the location as well as witness statements, and your information.

Once fault is determined, it is then possible to file an insurance claim with that party’s insurance company. When this happens, it’s up to you, the victim, to detail all of the losses you’ve experienced as a result of the actions or inactions of the person at fault. In a simple situation, you submit the loss amount and the insurance company pays you that amount. However, that’s rarely how easy it is. And, unfortunately, it tends to be best for individuals to seek out the legal support and advice of an attorney when filing these injury claims as a result.

How to FIle a Claim Against the Driver’s Insurance

In situations where you are the passenger in the vehicle and that vehicle is at fault, you have a legal right to file a claim against the insurance policy of that driver. This type of claim is covered under the driver’s liability insurance policy, typically. It can handle losses such as your medical bills and pain and suffering.

What if the person driving the car is actually a relative of yours? Some insurance companies have specific details and limitations on family members filing claims like this. If this occurs, you may find it difficult to pursue coverage for your losses.

How to File a Claim Against the Other Driver

In other cases, the other driver (the one not in the car with you) could be at fault. When this occurs, you have the right to file a claim against that driver’s insurance policy. In a hit and run case, you may also be able to file a claim under your driver’s uninsured motorist insurance plan.
In other cases, the two drivers may share responsibility for the incident. In this case, you have the ability to file a request for compensation for your losses based on fault, often splitting the compensation paid to you based on the percentage of fault.

What Type of Compensation Is Owed to You?

One of the most common mistakes individuals make when they make a claim for compensation is about what is owed to them. That is, what amount should you request from the person responsible or their insurance policy? By law, you should be provided compensation for all of the losses you’ve suffered as a result of the car accident. This can be hard to determine. Every situation is unique.

You cannot rely on the insurance adjuster to help you determine this number. In most situations, they will take steps to reduce what they pay to based on just what you state. However, most cases involve a significantly larger amount of compensation. A law firm can help you determine what you are owed comprehensively. Some of the most common types of compensation after auto accidents includes:

• Medical claims from emergency room visits after the incident
• Any type of medical debt relating to the incident
• Long-term care and rehabilitation as needed
• Whiplash injury care such as from a chiropractor
• Lost time at work and any lost benefits for missing work
• Any other type of medical treatment you obtained related to the incident
• Pain and suffering
• Loss of function of a limb or other body part related to the incident

Understand the Risks of Whiplash

Even if you do not think you have an injury, it is always beneficial to see medical attention after an accident. It helps ensure that your needs are met. However, injuries can manifest in the days following the accident after the adrenaline wears off. In other cases, some injuries are not fully realized for several days.
A common example of this is whiplash. Whiplash occurs when the head moves back and forward rapidly, causing damage to the ligaments and muscles in this area. When this happens, it causes inflammation to develop. It can take a day or so for this inflammation to build. And, once it does, you may suffer debilitating pain.
Injuries like this can be hard to pinpoint in an emergency room. For this reason, you should never rush to settle a claim too quickly.

What to Do If You Don’t Think Your Claim Settlement Is Fair?

It’s not uncommon for auto insurance companies to try to reduce what they pay to you. They may require documentation of injuries and claims that can be hard to obtain. In other situations, they may try to negotiate a settlement with you for less than what you owe. You don’t need to settle.
Instead, it’s best to seek out legal advice from a personal injury attorney. This legal advice will help you determine:

• What your total compensation should be based on all of your loss
• What steps you need to take to recover those losses
• Whether or not you should pursue legal action to secure those funds if they are rejected

Since many attorneys off a win no fee scenario, where you do not pay for the attorney’s services unless they win compensation for you, there’s no reason not to reach out to these professionals for help and guidance in what steps to take. Don’t allow the insurance company to try to talk you out of compensation you know is owed to you for the incident.
If you are a passenger in a car accident with whiplash or other injuries, work with an attorney to file a claim for those losses.

Never Go It Alone – Hire a Car Accident Attorney to Help You

If you’ve been injured as a passenger, don’t settle with an insurance company until you work with a personal injury attorney. With the insight and support your attorney can provide to you, you’re likely to secure the best compensation for what you’re owed. As a passenger in a car accident whiplash is common. Let our attorneys at Brad Johnson Injury Law help you secure the compensation owed to you for any losses you have. Contact us now for a free confidential consultation.

You’ve been in a car accident. There’s damage to your vehicle, and you may have some injuries, but the other car has fled the scene. What should you do after a hit and run accident like this? Your first step is to ensure you are safe and that you call the police to offer help. Then, you’ll have several steps to help you with getting repairs taken care of later.

What Is a Hit and Run?

To learn what to do after a hit and run accident, first consider what this is. It occurs when a driver involved in a moving violation leaves the scene of the incident. If they fail to stop, you may not be able to obtain their contact information. Try to capture their license plate number, but even if this doesn’t happen, you should call the police immediately. An instances in which fleeing of the scene occurs, especially when there are victims with injuries or damage to property, is an illegal act.

What to Do When You Are the Victim of a Hit and Run?

As the victim of a hit and run accident, you will need to contact police or your insurance company to file a claim. Filing a police report happens at the scene of the incident. The police arrive, gather information, document what happened and then work to find the other driver. This information, though, is valuable to your auto insurance provider. The details of what happened can help to speed up the claims process.

Will Your Car Insurance Pay for Your Property Damage?

The type and amount of car insurance you have plays a role here. If you have strictly liability insurance, it may not provide you with any coverage. If you have uninsured motorist or underinsured motorist insurance, you may have some support. You can call your agent to get insurance information. They can verify the type of coverage you have and then help you to file a claim. With uninsured motorist coverage, you may think the process is rather simple. However, auto insurance companies often limit what you can claim and how much they will pay you.

Why You Should Hire an Accident Attorney After a Hit and Run

When you are involved in a collision, the damage you suffer may be extensive. This may include loss of your vehicle, significant financial loss due to the damage, lost time at work, and medical bills. Your auto insurance company is likely to try to make you settle the claim for less than what is owed to you. That can mean that you are not getting all of the coverage owed to you – and that’s not fair.
When you work with an auto accident attorney, you can get help with this process. Your agent can help you with a variety of concerns and claims options including:

• Get help for non-obvious medical concerns such as whiplash.
• Ensure you get full compensation owed to you for the property damage to your vehicle.
• File a claim for items within your vehicle lost as a result of the incident.
• Get help securing compensation for time you missed at work due to medical needs, the accident itself, or any legal proceeding.
• Providing support to help you with any legal matter related to the incident such as reckless driving claims.

With the help of an attorney, you gain insight into what you can claim. You also have a professional working to support your best interests.

Hire a Car Accident Attorney in Arizona

When you learn what to do after a hit and run accident, you’ll find help available through a car accident attorney. Even if you find your insurance company is working with you or that the other party seems to help, protect your rights by hiring an attorney to represent you throughout the process. Contact Brad Johnson Injury Law to discuss your legal options through a free consultation.

The Arizona Department of Transportation reports that in 2017 there were more than 1,400 accidents involving a collision between cyclists and cars, with more than 30 fatalities.

Although motor vehicle drivers are more likely to be at fault in an accident with a bicycle, it is possible for cyclists to be the cause of accidents.

Steps to take after you’ve been in an accident with a cyclist

First and foremost, when an accident occurs, you must stop—otherwise, you risk being charged with a hit-and-run. You should check to see if anyone needs emergency medical assistance.

After you’ve handled any medical emergencies, you should exchange your contact and insurance information with the other party, and then file a police report as soon as possible. This will create a record of the accident close to when it occurred. You will need to provide this record to the insurance companies if you want to make a claim for damages.

At this stage, the driver’s negligence compared to the cyclist’s negligence may not be evident, and you should speak with a personal injury attorney to determine your options for moving forward.

Determining who is at fault

Arizona is a comparative negligence state in personal injury cases. This means in motor vehicle accident cases, the court will look at the relative negligence of both parties when issuing an award. The plaintiff’s award will be decreased by the percent the plaintiff was at fault.

Arizona requires that cyclists follow the rules of the road. They must follow the same traffic laws as motor vehicles. Specifically, they must:

• Stop at red lights and stop signs
• Yield to pedestrians
• Stay on the right side of the road, unless passing or turning left.

Additionally, when biking at night, cyclists must use a white headlight and red rear reflector to increase visibility. Bikers should not be distracted by their cell phones, and they should not ride while drunk. If a cyclist fails to follow these rules, it’s possible that he or she will be found to be at fault for some or the majority of the accident.

Real-Life Example

For example, Paul is driving down the street and sees his light turn from green to yellow. He decides to go through the light before it changes, and increases his speed slightly. He enters the intersection while the light is yellow, and his light turns red while he is in the intersection. Karen is also approaching this intersection on her bicycle, but from a perpendicular angle to Paul. She had a few beers with her friends and is texting her mom. She does not see that her light is still red, and enters the intersection at the same time as Paul does, which causes Paul to hit her.

In this scenario, Paul’s comparative negligence – speeding up to catch the light – might contribute to 10% of the accident, while Karen’s comparative negligence – texting, riding under the influence, and running the red light – contributed to 90% of the accident.

If Paul sues Karen, his money damages would be decreased by the 10% he was at fault. Similarly, if Karen sues Paul, her money damages would be decreased by 90%.

Preventing bicycle accidents

Regardless of who is at fault in a bike accident, the person on the bike is likely to be more injured than the person in the car. Bicyclists do not want to be injured, and drivers do not want to be the cause of serious injury or death.

• When you’re driving, be alert for cyclists, especially at intersections. Give bicyclists extra space when passing. Use your turn signals, so cyclists can tell if you are going to make a turn in front of them.
• When you’re on a bike, follow the rules of the road. Stop at stop signs and stop lights, even if you’ll lose momentum. Use proper signals to let other drivers know when you’ll be turning. Be visible – wear bright colors and use lights and reflectors if you are biking at night. Although you are not required to wear a helmet in Arizona if you’re over 18, wearing one can prevent serious brain injuries in an accident.

Everyone should drive defensively and safely. Nobody should operate a bicycle or drive while intoxicated, and nobody should text while driving or cycling.

This article does not provide legal advice. If you were in an accident and believe the cyclist was at fault, contact our experienced personal injury attorneys for a free consultation today.

Dealing with the aftermath of a car accident, especially the settlement process, can cause a strain on your life. In addition to putting your life back together – healing from any illnesses and repairing damage to your vehicle – you are also facing the potential headache of navigating the world of car accident settlements.

Calculating Average Car Accident Settlements

Recovering from a car accident can be painful and expensive. The estimated annual cost of car crashes around the country is $230.6 billion.

If you are injured in a car accident, you can seek compensation for any losses you suffer from the other driver’s insurance company. This kind of settlement is not like winning the lottery – instead, the goal is to make you whole again, to put you back in the position you were before the accident took place.

Calculating the average settlement in these cases will largely depend on the extent and type of injuries you suffered, as well as how much property was damaged as a result of the crash. If you walked away with minor injuries and minimal damage to your car, a settlement would be significantly lower than an accident resulting in a total loss to your vehicle.

There are two types of calculations that should be made when making accident claims – special damages and general damages.

Special Damages

Special damages are the easiest to calculate because these are the damages that you will have receipts for.
Anything that you have to spend money on or anything that you will lose money on can be included in your special damages when you make a car accident injury claim. These include, but are not limited to:

• Medical expenses, including hospital bills, or fees for your general practitioner, physical therapist, mental therapist, chiropractor, or even your dentist
• Money spent repairing or replacing your vehicle
• Car rental fees
• Gas money spent traveling to and from appointments
• Lost wages from time spent away from work

Because these losses have specific numbers attached, it is easy to receive compensation for them.

For example, after an intense car crash, you may pay $10,000 out of pocket because of hospital, doctor, and physical therapist bills. You may also miss three weeks of work, which could be another $2,000 gone due to lost wages. Your car may be written off as a total loss, meaning that you have to spend another $15,000 for a car. Before you can go buy a new car, however, you are forced to spend $200 in car rental fees. Your special damages in this scenario would come to $27,000.

Insurance companies will try to contest everything, so keep a copy of every receipt or medical bill in order to prove your expenses.

General Damages

General damages represent compensation for intangible losses. These are much harder to place a number on because they are thought of as “pain and suffering.”
Pain and suffering may include:

• Sleepless nights, when your aches and pains keep you awake;
• Being unable to maintain your normal fitness routine because of broken bones or migraines;
• Coping with additional stress every time you get into a vehicle; or
• Severe back pain if you bend over to pick up your child.

These are all normal outcomes in the aftermath of a car crash. Unfortunately, they can be very difficult to quantify. Since you cannot put a price tag on a good night’s sleep, or going on a satisfying run, general damages are typically based off of the total price of your medical bills, which are quantifiable. You may receive 1-2 times the amount of your special damages as your general damages.

Speak with your personal injury attorney to discuss a likely range of general damages, based on the nature and extent of your injuries.

What to Take Into Consideration When Calculating Your Car Accident Settlement

Another factor that may play into the amount you are able to receive as part of your car accident settlement is what the policy limits of the other driver’s insurance is.

In Arizona, drivers must have minimum liability insurance:

• $25,000 bodily injury liability for one person and $50,000 for two or more people
• $15,000 property-damage liability

While these minimum requirements may be enough to compensate for some injuries and certain repairs for your vehicle, they may not be enough to completely replace your vehicle – after all, the average car now costs $34,000, more than three times the property damage liability minimum.

What’s worse, the other driver may be driving without insurance. If this is the case, you may need to speak with your own insurance provider to determine what your own policy coverage is.

If the insurance is not enough to cover your damages, you should speak with your personal injury attorney to determine whether you should file a lawsuit against the other driver. In Arizona, the statute of limitations for filing a personal injury lawsuit is 2 years from the date of the accident. This gives you some time to physically recover and determine what your actual losses amounted to.

Finally, if the other driver was under the influence of drugs or alcohol, you may be able to receive additional punitive damages. These types of damages are not available in every car accident case, but due to the severe risks of driving drunk, Arizona allows plaintiffs to seek punitive damages to punish the driver who was under the influence in these situations.

Four Tips for Maximizing Your Settlement Amount

1. Seek medical attention as soon as possible

If you are in an auto accident, you should get checked out by a doctor as soon as possible for common car accident injuries. After intense events, like being hit by another car, our bodies produce a lot of adrenaline, which masks symptoms of serious and potentially life-threatening injuries. Call 911 at the scene of the accident if you think someone is seriously hurt.

In addition to getting much-needed medical care for any injuries resulting from the crash, seeking immediate medical attention will create a contemporary record of injuries suffered as a result of the car accident. Make sure you discuss all of your symptoms with your doctor, and do not downplay any pain you feel. Headaches are especially common after car accidents, and they can be a sign of a traumatic brain injury.

If you wait to seek medical treatment, the insurance company may try to argue that the injuries came from something else. This can make it more difficult to receive compensation for your medical bills.

2. Document everything

Beginning from the time of the accident itself, document everything. Take photographs of everything you can think of, including:

• Your vehicle;
• The other vehicle;
• Street signs at the intersection; and
• Any personal property damaged in the accident

As you begin to receive medical treatment and heal from your injuries, continue taking photographs to document your progress. This is especially true for bruises that may appear on your face, shoulder, or knees that might not fully develop until several days after the accident. If you are struggling to walk after the accident, you could consider filming your progress through physical therapy as further evidence of the challenges you are facing.

You should keep every receipt and bill you receive while receiving treatment for your injuries and repairing your vehicle. This will help you prove how much money you spent on recovering from your injury. Keep track of your mileage to and from medical appointments so you can include gas money in your expense calculation.

Maintain a file for all of these documents so they do not get lost. You may need to keep them for more than a year, so create a safe spot for your documents.

3. Keep a calendar

Keep a calendar or diary as you recover. This will also be a contemporaneous record of how the quality of your life has suffered as a result of the car accident.
You should include:

• Every medical appointment, whether you are getting an x-ray, visiting the chiropractor or physical therapist, or speaking with your general practitioner on the phone;
• A record of how much pain, and what type of pain you experience every day;
• Notes on what you are physically unable to do as a result of even minor injuries stemming from the accident; and
• The date you return to work, and any work you are unable to complete due to injuries.

These notes may be invaluable for receiving higher compensation for pain and suffering due to the accident. This type of settlement can take months to finalize. Having specific evidence documenting the impact the car accident had on your life will strengthen your claim considerably.

Maintaining a daily or weekly record now is excellent evidence to present to a judge or jury. Remember – it’s very difficult to recreate notes from memory. Even if you are able to recall specific information from months, or even years, ago, the accuracy of your memory can be challenged by opposing counsel if you go to trial.

4. Don’t accept a quick offer

Insurance companies may try to offer you a low settlement quickly. Resist the temptation to take it. Often, car accident victims may not know the extent of their injuries immediately after the accident. Instead, continue to seek medical treatment and focus on your healing.

Before you accept an offer, make sure you understand what it will and will not cover. One viral story shared a woman’s first-hand experience of getting hit by a drunk driver when she was 19. She accepted a settlement offer before realizing it did not cover dental work. The accident resulted in a severe tooth problem, which affected her ability to get jobs down the road.

Waiting to accept an offer may seem like a risk when bills are piling up and if you are out of work because of the accident. However, taking the first offer may create more problems and result in unnecessary hardships down the road.

How Brad Johnson Injury Law can Help You Navigate Your Car Accident Settlement

Our team of personal injury lawyers has helped negotiate settlements for more than 20 years. We understand the ins and outs of the settlement process and have worked with many insurance adjusters over the years.

Your life doesn’t stop after an accident, and we don’t either. We meet with accident victims within two hours of the initial call because we believe in getting the ball rolling right away.

We also maintain relationships with medical practitioners in Arizona who will wait to collect payment for services. This offers relief to our clients, who may otherwise have trouble paying their medical bills.

Finally, we do not collect any fees from you until we win your claim. We do the heavy lifting for you so you can focus on getting your life back on track while recovering from your car accident.

For a free consultation with our knowledgeable car accident attorneys, contact us online or call us at 602-285-6100 today.

Whiplash is one of the most common injuries as a result of a car crash. It is a soft tissue injury that is typically caused by a car accident that occurred at a red light or stop sign. In these types of accidents, your head is jolted back and forth quickly. Whiplash injuries are characterized by neck pain and headaches that could start hours after the accident occurred. If you experience these symptoms, you should speak with a doctor immediately – they can be symptoms of a more serious condition, such as traumatic brain damage.

After you have taken care of your immediate medical needs, you should start thinking about your long term health and financial care. You may be able to make a personal injury claim against the driver who caused the accident and negotiate a settlement with their insurance company.

We divide the amount of money you can receive from a whiplash claim into special damages and general damages. Money cannot undo the car crash, but it can go a long way to making you whole again.

Special Damages

Special damages refer to expenses that come with receipts. The most obvious of these are your medical bills and other medical expenses you incurred while treating your injury. This category includes hospital and doctor bills, medication costs, as well as physical therapy and visits to a chiropractor. Remember to include other out-of-pocket costs, such as parking fees or gas spent getting to the doctor.

Property Damage

If your car was rear-ended, you may have property damage to your car, even if it is not a total loss. If you need to repair your vehicle, rent a stand-in, or replace it, you can ask for reimbursement to cover these damages as well. Property damage also extends to other items in the car, such as your computer and cell phone, as well as clothing that was ripped or damaged in the crash.

Lost Wages

Another type of special damages comes in the form of lost wages. If you cannot work because of the extent of your injury, or if you are missing work due to numerous doctor’s appointments, you can seek reimbursement of money you would have earned otherwise.
Other damages can include child care expenses incurred as a result of increased doctor’s appointments or if you are no longer able to provide personal care due to the extent of your injuries.

To calculate special damages, simply add each expense together:
Medical bills and expenses + property damages + lost wages + other expenses = special damages
Create a physical file of every bill you receive and create a spreadsheet with a running total of your expenses. This kind of documentation will help you maximize the special damages you can receive.

General Damages

Recovering from an injury is not limited to monetary reimbursements. It is often painful, stressful, and even after our broken bones heal, it can be a long time before we are back in the same mental and physical place we were before the crash.
Even though you cannot get that time back, you can receive money for the pain and discomfort you experience as a result of the accident, as well as any emotional distress you suffered.
You can be compensated for:

• Physical pain and suffering
• Emotional distress, including stress, depression, and anxiety
• Nightmares or an inability to sleep
• Loss of enjoyment of everyday activities
• Disruption of daily lifestyle
• Loss of consortium

These damages are not as easy to calculate. After all, what price can you place on being able to pick up your three-year-old daughter?

If, after your car accident, you are suffering from any of these, document your symptoms and consider working with a therapist. You may be able to receive help in getting back to your normal life, and you will also receive documentation that can help bolster your settlement claims.

Wrongful Death Lawsuit

The good news is that Arizona, unlike some other states, does not limit the amount of money you can receive as part of a death personal injury claim. However, you do not have an indefinite amount of time to file your claim. Most insurance companies require that you file within a short period of time after the accident, and Arizona gives you only two years from the date of the accident to file a lawsuit. Do not miss your window of opportunity by waiting too long.

Your personal injury attorney will help you determine which claims for general damages you can make. This will help you get as much money as possible for your injuries and suffering.

This article does not provide legal advice. If you have been in a car accident and are suffering from a whiplash injury, contact our qualified auto accident attorneys for a free consultation. Our law firm has significant experience with every aspect of personal injury cases.

Dealing with insurance providers can be a frustrating and often scary process. They are bureaucracies and employ people to overwhelm clients with paperwork. On the other hand, people who need to seek assistance from their insurance company are usually at a point in their life when things are falling apart – their car was totaled, their roof caved in, or their basement is flooding.

One way, theoretically, to minimize frustration when things go wrong is to do a proper vetting of an insurance company before you commit to their policy. However, you should remember that insurance companies vet you more than you research them.

Here are three things your insurance company doesn’t want you to know about them:

1. Your credit score plays a big role in your insurance quote

Insurance companies will look at your credit score and history when giving you a quote on insurance. A study by the Federal Trade Commission (FTC) concluded that credit score is an effective predictor of risk, and that having a lower credit score correlated with increased chances for filing a claim under an insurance policy.

The FTC did not have data showing that filing insurance claims caused lower credit scores, or vice versa. However, it did provide a number of theories for the relationship. For example, consumers who are prudent in financial matters may be more cautious and take more care when it comes to driving or making home repairs, or engaging in general home maintenance. The FTC also presented the theory that people who take risks in one area of their lives, such as financial risks, may also take risks in other areas of their lives, such as engaging in riskier driving.

A spotty credit history may also indicate that you won’t pay bills to the insurance provider down the line. The practice of examining credit score before providing an insurance quote could be discriminatory to people with lower incomes who may not have the available funds to build up a solid credit history. As a result, some states, including California, have banned insurance companies from looking at your credit score when providing quotes.

2. Your personal life matters

Insurance companies deal in risk. They have seemingly infinite studies on relative risk about every aspect of someone’s life that show how much risk that person poses.
Insurance companies will take information about your personal life into account when offering you a quote. If you smoke, your premiums will go up for your home, health, and auto insurance policies. Your occupation can, and does, affect the amount of money you’ll pay for your car insurance premiums. Higher stress positions, such as doctors, lawyers, and real estate brokers, may pay more for the same policy than someone with a lower stress job, like teachers, who have statistically better driving records than individuals in other professions.

Insurance companies will even take your gender, age, and marital status into account. Married people are likely to pay a significantly lower amount for premiums than single people of the same age and gender. Teenagers will pay the highest rates, because teenagers statistically file the most claims and get into the largest number of accidents.

3. Insurance companies are for-profit businesses

This may seem obvious, but the logical outcome is that insurance companies are designed to make money. If they give you money, they have less money in their pocket. Because they are designed to make money, they may make a quick settlement offer immediately after a natural disaster or car accident, expecting victims to take the quick money. It can be tempting to take a quick payout, especially as medical expenses start to add up. Claims adjusters will try to convince you to settle quick and move on with your life. However, if you accept a quick payout, you’ll have to sign away your right to bring any additional claims stemming from the accident.

This means that you will be on the hook for future medical bills stemming from injuries not apparent immediately after the injury. You may also have lost wages or additional pain and suffering that otherwise could have been compensated.

Insurance adjusters may even get bonuses for denying your claim or getting you to settle for a lower amount than you’ve been authorized to receive. If you think your insurance company is playing games with you, consider contacting a personal injury attorney to help you get the best settlement possible.

This article does not provide legal advice, nor does it form an attorney-client relationship. If you or a loved one is in need of assistance when negotiating with an insurance company, contact Brad Johnson Injury Law online or call us at 602-396-4635 for a free consultation.

At Brad Johnson Injury Law, we have significant experience with personal injury litigation- our track record with previous clients displays our level of comfort with negotiating settlements or fighting in court.

If you need to file a personal injury claim against a person responsible for injuries you sustained in an accident, it is important to understand the process of litigation. There are many different stages involved in litigating a case in Arizona and you may be eligible to accept a settlement offer at any point during these stages. A settlement offer is typically presented by the insurance company or the attorneys representing the negligent parties in the lawsuit.

A settlement offer should always be carefully reviewed by a Phoenix, Arizona injury attorney. A lawyer specialized in personal injury can tell you more about when it makes sense to accept a settlement offer versus preparing comprehensively for trial. In some situations, personal injury claims cannot be resolved without resorting to litigation. The litigation process can be time consuming and complex. It may also be confusing if you do not have the help of a Phoenix, Arizona attorney. There are several different phases in most personal injury claims in Arizona, including the filing of the complaint, discovery, and trial.

Preparing for Litigation: The Complaint

A complaint is your legal document that officially names allegations against the defendant. The complaint must contain statements of facts, such as liability, the legal basis for liability, and a request for damages.

Filing a complaint

Filing a complaint is your official initiation into litigation process. This could be a powerful negotiation tool, when you are working with an insurance company or other adverse parties. While the formal legal proceedings associated with litigation do not begin until later, adverse parties are often interested in pursuing alternative dispute resolution early on, such as settling the matter before investing a lot of time and money into defending an action.

What Happens After the Complaint is Filed?

After a complaint is filed, the plaintiff must serve a copy of the summons on all defendants in the case. This can be done by a process server or another authorized party and it cannot be completed by the plaintiff. After all defendants in your personal injury claim in Arizona have been served, the defendants will typically have a maximum of 20 days to file an answer to the complaint. The answer is the legal document in response to the allegations listed in your complaint.

Any allegations that the defendants fail to respond to are considered admitted for litigation purposes. Defendants are permitted and in some situations required to make a counter claim against the plaintiff, if they believe they have a legal claim against you. If you or someone you know has recently been injured in a serious accident, you have rights that can only be protected by hiring an injury lawyer you can trust.

Why You Need the Trusted Team at Brad Johnson Injury Law

Personal injury litigation can be complicated and confusing for the average person, but retaining an injury lawyer who has successfully handled cases like this before will give you a better understanding of what to expect and more informed choices when it comes time to elect whether or not it makes sense to accept a settlement or pursue a trial. Consulting with Brad Johnson Injury Law, a dedicated personal injury lawyer in Arizona can give you peace of mind that you have the ability to focus on recovering from your serious injuries while knowing your lawyer is working as hard as possible to recover the maximum compensation for your injuries.

Filing a claim in a timely fashion must be done or you’ll block your chance to recover compensation. As soon as you discover a life-changing injury, talk to Brad Johnson Injury Law about your ability to file a claim. In an initial consultation, you’ll learn more about what’s involved in the legal process and what you can expect when you hire our firm.

Talking to a lawyer in a first consultation does not obligate you to work with us or even file a legal claim, but it’s often what you need to get your questions answered promptly. You can rely on our background in the field of helping many Arizona accident victims determine the best course of action and develop a long-term plan for your interests. You should know that someone has your best interests in mind when there’s a legal claim for compensation at stake.

No Fee Unless We Win Your Case

Brad Johnson Injury Law has experience in representing people who are suffering from a personal accident injury. Our lower personal accident injury lawyers fee is only 25% compared to the typical 33.3% Our goal is to get you the settlement you deserve. Our attorneys are available 24 hours a day, 7 days a week to answer your personal accident injury-related questions. We know that you have enough to worry about in the wake of a personal injury accident like a slip and fall or a vehicle crash. Don’t let concerns over paying a lawyer stop you from getting the legal help that you need immediately.

Car accidents are always dangerous and often result in injury, but with pile-up accidents, there is rarely a case where no one gets hurt. Knowing who is liable in these accidents is essential to making sure you get the resources needed to recover properly. It is especially difficult to determine liability in a pile up. Typically, even though 2 cars start the accident, as more cars come it becomes unclear who hit who. In the end, it will be up to the insurance companies and the court to determine who was responsible for the accident, but there are still things you can look for.

What is Liability?

Liability in a car accident means that the party who was negligent or responsible for the accident will be the one required to pay damages in case. If someone is deemed to be “at fault”, insurance will sometimes cover the damages, but in pile-ups where there are multiple injuries and damaged vehicles, it may not cover everything. Being able to determine fault will be essential in these cases to make sure you get the full amount you need to recover.

Liability in Multi-Car Accidents

Traditional rear-end car accidents are much easier to determine liability in: the person who hits the other from the rear is the party at fault, with a few exceptions. In a multi-car accident, a car will still be at fault for hitting another, already stopped or crashed car, unless it was pushed by another vehicle. In these cases, it will typically be the first vehicle that failed to stop and causes the chain of cars crashing that will be held liable.

There is often a misconception that the party that caused the accident initially is the party completely responsible for the accident. While this may be true in some cases, typically there is more than one party responsible. Although someone may be ticketed, they may not be the party responsible for your injuries. Cars that come in after the fact may be the ones who are truly liable for your injuries. In some cases, there will be multiple parties responsible for one person’s injury. For example, if a person is stopped in a pile up, and is it by two other cars after the fact, both cars that hit them will be responsible. This may require you to contact multiple insurance companies in order to make a claim, and one may pay 60% of the damages while the other pays 40%.

Whatever the case may be, there are steps you can do to make sure you get the most for your claim. The first thing is to gather any police reports and copies of tickets that were issued. In a pile-up, law enforcement will almost always be on the scene, so unlike some other types of accidents, there will always be a police report. In some cases, injuries will be severe enough that you may not be able to do anything. If that is the case, be sure to just take it easy and wait for medical help; ensuring your safety and health is the most important thing. However, if you are able to be sure to get the insurance information of all the parties involved.

Depending on what state you are in, the laws will vary slightly, like in a no-fault state. However, Arizona is not one of these states and your accident will typically be covered by negligence law. In the event of an accident, be sure to contact insurance companies to get initial payment, but it is more than likely you will be eligible for even more. Contacting an experienced auto accident attorney can help you get the full amount you deserve and help get your life back together. Damages from pile-ups can be severe, and medical bills are often high. Don’t hesitate to get the help you require.

If you are injured on someone else’s property, they might be responsible for your medical costs, lost wages or other damages. But how do you know if the owner of that property is responsible for your injuries? If they are responsible, how can you make sure you are fully compensated?

What is the Legal Definition of Personal Injury?

The state of Arizona defines personal injury this way: “A personal injury refers to a situation where someone has been physically or emotionally injured or killed by the wrongful act of another.”
If you slip and fall on someone else’s property because of a hazardous condition such as a wet floor or a trip hazard, that might be considered a personal injury in the legal sense. Other examples can include automobile accidents or even dog bites. If you are injured on someone else’s property, the owner of that property may be subject to “premises liability” laws requiring them to pay for those injuries. In order to receive compensation, you will need to hire a Premises Liability Attorney who will guide you through the legal process.
Slip and fall injuries are the second most common type of private property injury claims we deal with at Brad Johnson Injury Law, so we have significant experience handling these cases. One of the most important things to do if you are injured on someone else’s property due to their negligence or a hazardous condition is to collect documentation about what happened. The sooner you do this, the better. And the more detailed your documentation, the better.
Photos or video of the scene, close-ups of the hazard, and medical documentation describing your injuries in detail are important to your case. So is your step-by-step description of what happened, how it happened and the impact the accident has had on you. We will use all of this documentation as evidence to win your claim. Another very common type of private property injury is a dog bite or dog attack injury. In these cases, returning to the scene of your injury to take photographs or video of the dog isn’t a good idea. However, collecting detailed medical documentation is.
In the most extreme cases of a fatal dog bite or attack, the evidence is particularly challenging to collect. It is often necessary to find witnesses who may have seen the attack or taken video or photographs. Increasingly, social media is a good source for locating important witnesses and collecting evidence to support a personal injury claim. Our experience in helping personal injury victims collect and organize important evidence such as this is one reason our firm has been so successful in winning private property injury claims.

Remember!

If you’ve been injured on someone else’s property and haven’t received medical attention, you will want to do that as soon as possible. Ask for copies of your medical record and bring them to our office for your free consultation. Remember, your medical record is important evidence in seeking legal reimbursement for your personal injury claim.

If you’ve been the victim in a rear-end collision or accused of being at fault in a one, it’s important to understand your rights under Arizona law.

This post will talk about some of the key things you need to know about rear-end collisions. It will spell out the process for navigating the Arizona insurance and legal channels, and offer some insights to help you protect yourself and your rights.

Get Your Records

First and foremost, you want to have a thorough exam by a physician to identify any and all signs of injury. Even if you don’t feel injured, you might be. The spine, especially, can show signs of injury up to weeks, months or even years after an accident. To be safe, schedule an appointment for an exam and if your doctor recommends it, get some x-rays.

Ensure your physician keeps detailed records in your case, and that you stick to any care plan he or she prescribes. Sticking to a physician-recommended care plan is important in negotiating with insurance companies and in representing your interests in court, so don’t take this lightly. A single missed appointment or failure to show documented improvement could hurt your case. Don’t take this chance.

Next, get a copy of your accident report. The details in this report offer strong clues as to how your case might look to insurance companies and in court. You can request a copy of your accident report.

Once you have your report, go over every little detail. If there’s an error, you need to know, especially if it compromises your ability to represent your best interests.

Your Arizona accident report will include facts and the responding officer’s professional opinion about how your accident happened. It will include important contact details for other parties involved in the accident, details about their vehicle and coverage, and the same details about you, your vehicle and your coverage.

All of this is valuable information when negotiating with insurance companies and representing your case in court. When it comes to rear-end collisions, the more you know about your accident report, the better you can represent your case to insurance companies and the court system.

Understand Your Rights

In Arizona, it is generally assumed that the rear-most vehicle in any rear-end collision is the “at fault” vehicle. In fact, this is common across the United States.

Some states are so-called “no fault” states, meaning that regardless of the cause or outcome of an accident, each party involved is expected to cover their own costs for any damage or medical care.

Arizona is not one of these states.

In Arizona, the driver of the rear vehicle is almost always assumed to be at fault in a rear-end collision due to their failure to keep a reasonably safe distance from the vehicle ahead. However, sometimes fault isn’t so crystal-clear. Multi-car collisions are perfect examples.
In a multi-car rear-end collision, the car that caused the crash or chain reaction is almost always the car at fault, and the affected vehicles in between are victims. In this example, the car that created the chain reaction crash is the financially responsible car “at fault.” This is almost always the car at the very rear of the chain of vehicles.

If that car is your car, you may be found to be at fault, and you will want to ensure you have legal representation to limit your liability and your costs.
If you were the victim of a rear-end collision, you, too, may need legal representation. You will want to ensure all of your related costs are covered, including costs to repair damage to your vehicle, medical costs and lost wages due to an inability to work.
Some accident victims make the mistake of accepting low settlements too soon with insurance companies eager to control their costs. Don’t be a victim twice. Talk with us about your case. Let us take a look at your accident report. Together, we can ensure you are properly represented with insurance companies and, if necessary, in court.

If you’ve been the victim of a rear-end collision or accused of being at fault, contact us today to schedule a free consultation. We can help you understand your rights under Arizona law and ensure you are well represented in court and with insurance companies.

Missed work, pain, trips to expensive specialists, x-rays and other tests can become the new normal for someone after a slip and fall. If you or a loved one has experienced an unexpected fall, it will not be long before bills begin to pile up. You might be thinking of pursuing a personal injury lawsuit against the property owner. Proving the owner is to blame for your accident is at the crux of winning a slip and fall case in Arizona. If you are weighing your options to pursue an insurance settlement award or a personal injury lawsuit, you must be fearless in evaluating and identifying your case weaknesses. In other words, what portion of your accident lies with the property owner and what portion, if any, lies with you?

Weighing the Property Owner’s Negligence

Something caused your fall. Perhaps it was an unmarked wet surface, or a flaw in the floor left uncorrected. If you are going to hold the property owner responsible you must test one of a few possibilities:

• Did the property owner or anyone acting on behalf of the owner ignore or fail to acknowledge and address a dangerous element affecting safe conditions?
• Should a reasonable person have noted the condition as potentially hazardous and applied a fix before an accident occurred?
• Did the property owner cause the dangerous condition such as create a hazard in the process of another repair or haphazardly leave obstacles in the path of safety?
• Would it be reasonable to foresee someone tripping and falling due to the condition they caused?

If these questions are answered successfully, the next question to examine is to ask who is liable and was he or she negligent?

What Potential Case Weaknesses Exist?

As in any lawsuits, there are (at least) two sides to each story. You know you are suffering because of your fall, but another question remains for you. Did you have any role in the blame of your slip and fall accident? The property owner is going to look at what happened through different eyes. He or she may argue that you are fully responsible or at least partially responsible for your accident. In Arizona, the law that applies a measuring ruler to slip and fall cases is known as “comparative negligence”. This rule separates blame and determines which percentage of blame lies with the property owner and which percentage, if any, lies with the plaintiff. In other words, if you are deemed 10% responsible by the court for the accident by not being more aware because you were looking at your phone when you fell, you would be entitled to collect 90% of the award decided in the case.

If you are wondering if you could be assigned any blame, some items considered in slip and fall cases are:

• Were you legally permitted to be in the area where the accident occurred?
• Was there a prudent reason for you to be in the dangerous area when you fell?
• Was signage present or other signals to alert people of the hazard?
• Were you doing something you should not have been when the accident occurred?

The bottom line is if the property owner’s defense can show that you likely caused your own accident by being distracted or careless, it is unlikely you will successfully win an injury claim. Testing and measuring these case weaknesses are best to be decided with the counsel of an experienced slip and fall injury lawyer who knows slip and fall cases. He or she can also help how to determine slip and fall settlement amounts as you decide your options.

A Sound Slip and Fall Case Evaluation

You are already suffering from the pain recovering from a slip and fall can cause. If you believe your case is worth pursuing, or if you aren’t certain, talk to a slip and fall injury lawyer who can help you evaluate your case and your case weaknesses. Our firm can help you with providing a sound case evaluation. With something so important, why not get expert help in making your decisions? You deserve to get the best chance of winning your case. Call our office today.