They show up usually during the spring and summer times in
all different shapes and sizes. No we
aren’t talking about flowers. Potholes.
Potholes for the most part can be minor and are usually
found in parking lots and on city streets throughout the state. However, if left unchecked or untreated, they
can become a huge issue for those who ride bikes, motorcycles, and even
scooters.
Imagine someone riding their motorcycle and hitting a puddle--only to discover that the puddle was actually a
6 inch (or bigger) pothole? The thought alone could bring up different
ideas of just how catastrophic potholes really can be. Further,
the injuries can be very dangerous and can even lead to death on certain
occasions.
Who is to blame for the
pothole in the first place?
Pothole claims are essentially “premises
liability” claims. As such, in order to bring a claim for injuries or
damages, one needs to prove that the private landowner, City, County or
State had “notice” of the pothole and its potential dangers.
How long was the danger
existent? Did the owner actually know of it, or with the length of time
should they have known of it? Where was
the pothole located? How deep, large or serious was the danger? How
serious are the injuries?
The City is a big area, and the
streets officials are not required to discover a pothole as soon as it
occurs. The law employs a reasonable time frame for discovery.
After that, there very well may be liability for any injuries or damages that
result.
Potholes can indeed caus motorcycle accidents, bicycle accidents, and scooter accidents just to name a few. Be sure to always stay alert while out and about and don't ever trust a puddle that you feel could be deeper than maybe a few inches. Ride Safe!
Doctors, Pilots, Truck Drivers all require skill and
precision to perform at their highest quality. Yet, many of these professionals
end up overworked due to the demand of their careers. Being tired and having to
perform one of these high performance types of jobs is not a combination that
anyone wants--- and could results in catastrophic
injuries, or worse.
Even though the medical and transportation industries are
attempting to curve the fatigue factor, there are still many questions that
remain.
Driver fatigue accounts for 30-40%
of all trucking accidents in the United States,
according to the National Highway Traffic Safety Administration. To combat the
problem, the U.S. Department of Transportation has reduced the number of hours
a driver can work in a week by a total of 12 hours. It also requires drivers to
take a half hour break after working 8 consecutive hours.
These new regulations are mandatory for all by July 2013.
Truck drivers are not the only ones who suffer fatigue while
on the job. Nearly 23 percent of pilots surveyed have admitted to making at least one error/week while on the job, due to fatigue. There have been catastrophic
injuries and deaths in the airline world directly related to pilot fatigue. In
response to these issues, the Federal
Aviation Administration has required all pilots to work shorter shifts and to
also get more rest in between shifts.
Doctors are the most commonly associated with fatigue. It’s the nature of the job. A recent study showed that 27 doctors
were surveyed regarding their performance levels and association with fatigue.
Nearly every single one revealed that they
were functioning less than 80 percent of their mental capacity nearly half of
the time they were on shift, and that in a
24 hour period, the doctors
averaged only 5 hours of sleep. With
this information, the Institute of Medicine created regulations that provide
for doctors to work a maximum of 80 hours a week. Duty hours have been
cut down to 16 hours for first year residents.
With all this information and regulations implemented in
these fields, there (in theory) should be an increase of better
rested professionals that provide for our safety.
Will anyone pay attention? Hopefully. Will it make a difference? Maybe.
We live in a very fast-paced
work environment. If we are not going 90 mph, then we feel like we are
falling behind. For this reason, there will always be cases where
fatigue plays a role in an unfortunate accident that can cause injury or worse. Can we do anyone, other than perhaps stay a little more vigilant
ourselves? The answer, likely,
is no.
Being
involved in a hit and run accident--whether you are a pedestrian or driver, can
be very traumatic. But what happens exactly when the driver who hit you
doesn’t stop? Who pays for the damages to both you and your vehicle?
In
every state, there are hit and run laws. All states require that a driver
stop, whether the accident is small such as bumping into a car or catastrophic
where injury or even worse is a result from the accident. The laws
generally invoke "criminal" penalties for a hit and run, but really
don't help much regarding the damages that result to the injured victim.
So
if the at-fault driver doesn’t stay, who pays? Here is where it can get
tricky.
Your
uninsured motorist coverage will end up paying for the damages such as medical
treatment, rehabilitation, and even lost wages that were caused by a driver who
flees the scene of the accident. Policies will almost always vary, the same
goes with the state requirements so be sure to take a look at your policy to
ensure it covers uninsured motorist coverage. Property damage will also
be covered by your own policy, less your deductible.
To
ensure your safety amongst everything else we’ve included a few tips to help
keep you safe after a hit and run accident:
1. Try
to remember as many details as you can regarding the other driver's vehicle,
including the make, model, year, color, bumper stickers, dents, scratches, and
even license plate numbers if possible. Anything that can stand-out will help
tremendously in locating the at-fault party.
2. Often
times injuries won’t show up until a few days or a week after the accident
occurred. Stay attentive to how your body feels, and see a Dr. as soon as
possible.
3. Get in touch with an
Attorney who can help you understand what options you have in recovering for
your damages through auto insurance. find one that is willing to file a
lawsuit if the at-fault driver is found. (Note: Ask the Attorney's track
record in these lawsuits. Most Attorneys are not willing to file a
lawsuit for you, even though they might suggest otherwise. Find out
before you retain them.).
Understanding your rights
is always the first step. The better informed you are, the better you can
improve your own chances of recovering for your losses. Find an accident Attorney
who in experienced and willing to explain these things to you.
In the article, “Run of the Mill Justice”, Nora Freeman Engstrom of Stanford
Law School interviewed lawyers and paralegals at the "settlement
mill" law firms, as well as studying their not-infrequent
disciplinary files. What she found would look quite familiar to anybody
involved in the securities class-action business: A small group of
goal-directed players who engage in repeated rounds of the same game.
Her conclusion is surprising, but logical. Law firm "settlement
mills" work because insurance companies like them. The financial
"benefit" to insurance companies in just the incentive they hope for
in personal injury cases.
Insurance companies choose to cooperate with settlement mills, in part
because settlement mills appear willing to settle the largest claims — which
present the highest chance of a catastrophic verdict — at an attractive
discount. In addition, settlement mills and insurance companies share two sets
of overlapping interests: speed and certainty. Insurers, it appears, cooperate
with settlement mills, in even marginal cases, because cooperation is
profitable. It is attractive to insurance companies to pay a settlement
mill less than they believe they would have to pay a law firm that is not a
settlement mill.
The article (hat tip to Drug and Device Law for bringing it to my attention)
offers a fascinating tour through a little-scrutinized arm of the legal
industry in which lawyers with little or no courtroom experience use
advertising to draw in unsophisticated clients and process their claims at
industrial levels of efficiency. Many of the claims involve “soft-tissue”
injuries like neck sprains, which insurance-company research has shown tend to
multiply in value when a lawyer is involved.
The problems arise, and opportunity for insurance companies arise, because
settlement mill lawyers have no intention of filing suit---and the insurance
companies know it. (Engstrom cites one Louisiana firm that tried four cases in
a year and lost all of them, before deciding that was no way to make
money in the law.) As she suggests, insurance adjusters know this. So they are
more than willing to pay hundreds of questionable soft-tissue claims at $2,500
or $5,000 a pop to insure that the truly dangerous accident case, the kind the
right jury might decide was worth substantially more, to an injured person,
gets settled along with the rest. (Of course, the injured person never
receives this information.)
Statistics show the trend. From 1992 to 2001 the number of accident suits
filed in 17 states representing 53% of the U.S. population fell 14%, while the
actual number of accidents rose. Insurance companies tell you that the US is
"lawsuit crazy". these statistics tell quite a different story.
the number of accidents has substantially increased, yet the number of
lawsuits has substantially decreased. Lawsuit crazy? Hardly.
There are winners and losers in this game, Engstrom writes. The
winners are the settlement-mill lawyers, who make nice incomes despite having
subpar legal skills. the insurance companies also win, by paying less on
claims to victims represented by settlement mill lawyers. The losers are
the people injured in the accidents, and they never even know it. they
are told that their case is not worth much, that a lawsuit will be expensive
and take a long time. They end up consenting to low settlements
"just to go away."
There are now so many of these mills, whose advertising engulf both TV and
radio advertising. In addition, there are many law firms who know
virtually NOTHING about personal injury cases, yet are willing to accept them
in the hopes of making quick money.
How do you know the difference between a good, experienced lawyer and the
others? The simple response: Ask. Ask the lawyer if he is
experienced. Ask what percentage of his practice is devoted to personal
injury. Ask if he files lawsuits and how many he has been involved in.
Ask if he tries cases in court--and how many. Most importantly, ask
if your lawyer is a Certified Specialist in Personal Injury and Wrongful Death.
(Note: Less than 1% of all Arizona attorneys are Certified
Specialists.).
It is sometimes difficult to choose the right attorney for your case.
Most importantly, above all else, you should feel comfortable with your
attorney. Asking the above questions should help.
p>According to a recent survey, 1 in 24 adults have fallen asleep while
driving.
With these statistics, many officials think the number is
actually higher, but many people do not realize they have fallen asleep while
behind the wheel.
In a government study
released Thursday , over four percent of adults in the U.S. have admitted
to falling asleep at least one time in the last month. Some earlier
studies reached a similar conclusion, but the survey by the Centers for Disease
Control and Prevention was far larger. The study also found that drowsy drivers
are more common among men and between the ages of 25 and 34.
The results are from a survey of 147,000 adults in 2009 and
2010.
We all know that distracted driving can lead to catastrophic car accidents. Falling asleep at the wheel is no exception. There needs to be precautions taken in order to keep all drivers safe while on the road. Those who fall asleep behind the wheel shouldn't be behind the wheel in the first place.
Is there a way to put a stop to this? A technology that can detect when
someone is drifting into another lane? Perhaps, but not available yet--as
far as I am aware.
Rule #1, as in all driving situations, is "reason" and
"caution".
Overall as a whole, our country has seen improvement in dangerous driving habits, yet the thing most of us do on a daily basis is still the single most deadly thing we’ll ever do. These statistics below are meant to inform you that you should always stay aware while driving, and most importantly drive safe.
Motor vehicle fatalities by age group
According to the Centers for Disease Control, here are the top three causes of death by age group (yeah, depressing stuff I know!). Check out what consistently ranks at the top. Yup, motor vehicle accidents (shown as Unintentional MV Traffic in blue).
We as humans are afraid of many things spiders, snakes, my 11 year old (just kidding). But with driving, we seemingly have no fear. We do it so often we don’t really think about the dangers, and often we even let our guard down--even when we shouldn’t.
Chances of being involved in an injury accident
According to the National Highway Traffic Safety Administration (NHTSA), two out of three motorists will be involved in an injury accident during their life.
As a motorist you can expect to be involved in an accident once every 10 years. There is a 1 in 20 chance that the crash you have will involve a serious injury. Though these statistics are alarming and downright scary, many people still take driving safe for granted. You can be a great driver, but you can’t control what others do on the road. Stay ALERT!
What can you do to protect yourself?
With each year getting better and better statistically for accidents in the United States, we can be sure we are headed in the right direction to driving safe. Even the vehicles we drive are getting designed better to keep us safer with each passing year. Below are a few extra tips to keep you and your loved ones safe while driving.
Did you know taking a refresher course can help, and even safe you money on your car insurance?
Yes it’s true!
Some laws in the U.S. require Insurance companies to give you a discount if you take a “refresher” course in Driver Education. Sure, you might think it makes no sense because you “already know it all”, but you’d be surprised to learn what new skills are out there for drivers as well as remembering things you probably forgot when you were 16. Plus, who wouldn’t want to save money on their car insurance?
Always have a safe driving mentality.
We’ve all seen the drivers who speed WAY over the limit that is posted, or people who don’t stop for stop signs or even red lights. Those are the folks that you need to worry about when you are on the road.
Always take a safe approach while driving. Eliminate any and all distractions while you drive. This includes talking to your passengers, turning off your cell phone, not trying to change the channel on your radio and so much more.
You must always be on the defense when driving. Never be over aggressive, and never let yourself get a hot head while driving. Tail-gating someone is not a great idea. Don’t do it. Horns are for making other drivers aware of their mistakes. Such as somehow drifting in your lane, or not paying attention. They are not used for aggression against someone who happens to be driving slowly in front of you.
The last and probably the biggest thing on this list is to not drink and drive. This is by far the worst thing someone can do while they drive, and sadly, it is one of the most common reasons why people are involved in accidents in America today. Just don’t do it.
We hope that these reminders serve as YOUR refresher course in maintaining some safe driving habits.
Five juveniles died when a car they were in rolled over in Mohave County sometime between Tuesday night and early Wednesday morning, according to officials Thursday.
The Mohave County Sheriff's Office released few details other than deputies responded at 4:43 p.m. Wednesday to the rollover on a road about 17 miles south of Centennial Park, which is near the Utah border.
Five juveniles were declared dead and a sixth was airlifted to an area hospital.
Alcohol might have been a factor, according to the Sheriff's Office.
Officials are not releasing the names of victims until next of kin are notified.
When an accident occurs due to a left handed turn, the damages and injuries can be very severe. In almost every case, a high rate of speed is almost always the reason for such a high injury and damage
rate when a driver is attempting a left hand turn.
When an accident occurs due to a left hand turn, phoenix car accident lawyers know that these can be very complex in nature. Without the help of eye witnesses an accident can be hard to determine which party is truly at fault for the accident occurring in the first place. This is why it is very important to seek an experienced personal injury lawyer who can help determine and protect your rights should you ever be in an unfortunate accident.
The Arizona statute on left turns is ARS § 28-772. It states:
“The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to a vehicle that is approaching from the opposite direction and that is within the intersection or so close to the intersection as to constitute an immediate hazard.“
It DOES NOT matter what color the light is when the accident occurred. The driver is not allowed to make a left hand turn if the approaching vehicle can cause a collision should the turn be made.
Arizona places the burden on the driver who made the left turn. This is why it is important to pay attention to the approaching traffic and wait for the vehicles to make a complete stop before attempting the left turn. Waiting a few extra moments can be life changing ordeal.
One might argue that the cars behind you are honking while you wait an extra moment before making a left hand turn, this is why it is important to consult with an experience phoenix auto accident attorney to help ensure that you are protecting your rights should you find yourself in a situation like this.
Left hand turns are one of the most dangerous maneuvers daily drivers make. Not only can they be very damaging, but can even be fatal in some situations. Please be sure to make sound decisions when you are attempting a left hand turn and always use caution with every turn.
This weekend marked another horrible instance of a deadly hit and run accident here in the Valley. A Tempe man was riding a motorized bicycle on Saturday night when he was struck by a vehicle. He was rushed to a hospital, where he later died.
As for the responsible vehicle: the driver didn't even stop. Police are now on the hunt for the suspect.
Hit and run cases are gut-wrenching for several reasons. First of all, we are disgusted at the lack of responsibility on the part of the drivers who scram. We're also angered by the sense of injustice for the victims, who may be unable to find recompense for what they've suffered.
For many people in Arizona, this raises the question of whether--and how--a hit and run victim can claim damages.
The 1st answer may be "Good luck with that”.
The better answer lies in the extent to which the victim had protected himself with his own insurance coverage prior to the loss event.
In Arizona, auto insurers are REQUIRED to offer you Uninsured and Underinsured coverage at the time you purchase automobile insurance. They must tell you about it, offer it, and if you decline, have you sign paperwork to prove that you were offered it and declined.
In the above instance, if the bicyclist had Uninsured insurance coverage on a vehicle, then his own insurance company would be required to pay the value of the claim---even if the at fault driver is never found.
So what steps should someone take if they or a family member has been part of a hit and run accident?
Insurance matters are tricky, and unfortunately, you don’t always get straight answers from the insurer’s representatives. Protect yourself as best you can. Call an attorney who is a certified specialist in personal injury and wrongful death law in Arizona. They can investigate and help determine for you whether there is an avenue of recovery for you.
As always, I wish you and your family very SAFE and ALERT driving this summer.
A woman was involved in a serious motor vehicle collision on a country road. Before emergency vehicle could arrive, an off-duty family practice doctor was driving by and stopped at the scene. He decided to see if he could help.
The doctor did his best to help the woman, but he did not have the necessary skills to perform emergency care. When the paramedics arrived, they prepped and transferred her to the hospital, where she later died. The woman’s husband sued both the off-duty physician and the hospital. The doctor claimed he was immune from liability under the Good Samaritan statute, which protects off-duty doctors who respond to emergencies.
Did the court rule FOR or AGAINST the Doctor?
The court ruled FOR the doctor, and against the woman’s husband. The court agreed that the doctor should not be punished for responding to an emergency medical request when he was not obligated to do so.
