You have been a victim of a car accident while riding in the passenger seat. Whose responsibility is that?

Initially, the responsibility falls onto the insurance carrier of the vehicle that, you, the passenger was riding in (passenger of an individual vehicle or a public vehicle….). As a passenger injured in someone else’s car you will need to send some documents including all of the specific information about the accident and the driver. When the passenger sends this information, it allows the insurance companies to make any necessary compensation payments that are eligible from the accident.

The insurance provider of the driver of the vehicle that the passenger was in is responsible for all of the monetary and medical compensation required from the accident. This is the case unless there is another vehicle involved in the accident who carries the fault.

The insurer of the vehicle has eight months to pay the passenger a sufficient financial provision from the accident unless the accident has gone to court, at which time this may extend the payout date. The one thing to keep in mind, is the question of “what is sufficient?” and this is why we always recommend that anyone who has been injured in a car accident in Mesa or any of the surrounding cities in the valley, come in and see us for a free consultation.

The amount of compensation due is dependent on the amount of injury that occurred, and how that is going to affect the passenger in his or her life.

The financial provision must be sufficient, i.e. the passenger must not have financial problems because of the car accident.

The insurer of the car will then have to make an offer of compensation, after getting expert medical opinions on the status of passenger and the injuries that they have incurred due to the accident.

Medical expertise and passenger compensation

The insurer may make medical assessments of the passenger(s) in order to assess the amount of the provisions to be paid and in order to assess the final amount of compensation. The insurer will then send his/her medical expert to consolidate the state of health of the passenger who was in the car. It is on the basis of the report from the medical expert that he will then make a definitive offer of compensation.

The passenger who was a victim in the accident does not necessarily need to be evaluated by a medical doctor or an expert. It is specifically for the realm of financial provisions from the accident that the victim would think about doing so. Do not hesitate to contact an expert if this is necessary.

When the car accident is fatal for the passenger, what are his or her rights or what are they entitled to?

The insurer of the vehicle involved must then send the required documents within six weeks of the accident. He is then obligated to make an offer of compensation for non-pecuniary damage as well as for economic loss (financial loss due to the death of the pedestrian, funeral expenses, time out of work, etc …).

It may be the case that the insurer forgets to send an offer to the beneficiaries, due to the fact that he may not be aware of the entire composition of the passenger’s family.

It is then up to you as the victim’s family to let the insurer know so that he or she sends you an offer of compensation.

It can be quite difficult to enforce your rights, especially when there are significant damages or losses due to the accident.

We hope that this article brings some insight to your questions, please do not hesitate to contact your Personal Injury Law Firm in Mesa, Schenk Podolsky Attorneys at Law for a free consultation where our attorneys can discuss in more detail the best possible route to handle your accident claim and means of seeking compensation for your injuries.

What to do if your child is injured in an athletic event

If your child has been injured in an accident during sports practice or an athletic event, how do you deal with the insurance?

Whatever the sport or the activity that your child is involved in (judo, skiing, football, rugby, soccer, track, hiking, swimming, baseball, etc.), in the event of an accident, here is the procedure to follow with regard to insurance, compensation, and social security.

If your child suffers an accident caused by a third party: an object or an animal, or they hurt themselves (bad fall for example), health/life insurance typically has you taken care of. However, if you are not covered by this type of insurance, it is the liability insurance of the person in charge of your accident (other players, animal owner, club, association, director of the sports, organizers of a sports event etc…) who will compensate you.

If your child caused an accident or damage, your insurance (liability), provided in your contract, which is normally listed as “multi-risk dwelling”, will compensate you for your victims.
In both cases, call your insurer quickly (you have 5 days to do so) and take the time to re-read the compensation conditions in your insurance policy. In particular, take a good look at the conditions for taking care of relief, care, repatriation, and compensation for loss of income in due to unemployment or loss of work.
Some so-called extreme sports like skydiving, diving, paragliding etc. require specific insurance or an endorsement specific to your insurance contract.

There are some insurance contracts that are given to the members of sports clubs who request it for their children, or they’re available on the websites of their clubs or federations. This allows you to consult the proposed guarantees and conditions.
Contact your club or association in those cases.

What about social security? Say, following the sports accident, your child ends up in hospital then in care.
Social security and complementary “health” (mutuals including those of employers) bear the cost of care and compensate for your loss of wages as any accident of life requiring a work stoppage.

To be reimbursed, you must, send to your primary health insurance fund the sheet of care and doctor’s prescription for your child, as soon as possible. Make it clear that this is a bodily injury and indicate its date.

Choosing a Personal Injury Lawyer

When you have had a car accident, you know there is going to be a lot of headaches involved when filing your claims or dealing with insurance companies and you want a car accident attorney to help you with all the necessary work. You need to know how to choose the best car accident attorney for your specific claim and some attorneys will be better than others, can have different prices for hire and may specialize in various types of claims. You will want to choose the best attorney that fits your budget and is knowledgeable about your specific type of claim and situation.

If you have had a car accident in Mesa, you do not want to hire an attorney that specializes specifically in auto accidents. If you have extenuating circumstances involving injury or loss of life, you do not want an attorney that may handle injury and loss of life claims. You want to make sure that the attorney you hire is capable of providing the representation that will best serve you and help you to get the settlement you are entitled to.

Search Online or Look For Advertisements For Car Accident Attorneys

You can views advertisements for car accident attorney services on the television, in the yellow pages and online. Most ads will display what specialties and types of claims that attorney will normally handle. This can be very helpful when you are looking for an attorney to handle a specific type of case. Perhaps you were involved in an accident that was proven to be a no-fault accident in which there is not a responsible party to base a claim against while you know that it was not your fault and to receive the maximum payout on your settlement, you will have to prove the negligence of the other driver. There are attorneys who do specialize in representing this type of case and will be very beneficial. With a little research, you can find that attorney.

What if you have suffered a serious injury and need an attorney that will make house calls and can represent you under a contingency plan. Then you will want to find an attorney that provides these services and not with a lot of extra charges. If you hire an attorney that is not used to representing these types of clients, you may find you have more worries with your attorney than with your claim, and they may charge you outrageous fees for doing a little extra work. An attorney who is experienced with this type of case will know what your needs are and how to meet them within their specified price range.

You Have Found a Few Attorney Prospects, How Do You Choose the Right one?

You can find out a lot about the attorney through their advertisements, which will help to narrow your choices to a specific group of attorneys. Once you have a few that you believe can represent you the way you need, then you need to make a few phone calls and ask a few key questions for your lawyer. The questions you ask should pertain to your specific case, and it is best to write down all of your questions and concerns before contacting the attorney. If you have them readily available, then it is much easier to conduct a brief survey and to choose the best attorney to meet your needs. Once you found the attorney of your choice and they have approved to take your case, then it is time to get to work and file your claim.

Each year, around 14,000 people are murdered, and around 1,200 of those people are murdered by police officers. This number is even higher for police brutality or misconduct. Police officers represent about 38% of the population. This means you are 22.7 times more likely to be murdered by a police officer than anyone else. Police officers can be sued in either state or federal court. State courts have concurrent jurisdiction over questions of federal law. You can sue a person in state court for violating federal law unless there’s an exclusive act of Congress to the contrary.

The most common causes of police officer violations fall under section 1983 of the United States code under the same chapter of federal law. These actions can also bring state-level violations. If a state officer ignores those sections of federal law you can file a complaint with the Department of Justice or to the FBI. Under title 281861 of the United States code, which is an action to make a federal officer do their job, an attorney can file legal actions. This law used to make FBI agents arrest persons who violate civil rights laws or to compel the United States attorney.

Excessive force by the police during an arrest violates the Fourth Amendment to the U.S. Constitution. A suspect who has been a victim of excessive force may have a viable lawsuit against the arresting officers and even the municipality that employs them.

A “tort” is a legal term for a civil wrong (as opposed to a criminal wrong) that resulted in some kind of injury to the plaintiff. Many civil claims against police officers involve the torts of assault and battery. Occasionally, these claims involve the tort of negligence.

Most lawsuits against police officers involve the Civil Rights Act of 1871. (42 U.S.C. § 1983.) Section A 1983 claim alleges that the defendant, “under color of law,” violated the plaintiff’s constitutional rights. The use of excessive force constitutes a valid claim under section 1983 because it violates the Fourth Amendment prohibition against “unreasonable seizures.”

Police brutality

Police officers are generally allowed to use whatever force is necessary to make an arrest or defend themselves. In most jurisdictions, when a jury has to decide whether an officer used more force than was necessary to make an arrest, the judge instructs it to consider what a reasonable person with the officer’s knowledge would have deemed necessary under the circumstances. So, an arresting officer is allowed to use more force to arrest a resisting suspect than if the suspect were compliant, and may use deadly force if threatened with death or great bodily harm. The amount of force an officer may lawfully use against a fleeing suspect depends on whether the person appears to have committed either a felony or a misdemeanor.

Whether an officer’s use of force was excessive is so dependent on the facts that appellate courts often defer to juries’ conclusions in that regard. Many states treat excessive force cases somewhat differently than typical lawsuits. In some jurisdictions, there is a presumption that the officer acted with the necessary level of force that the plaintiff must overcome. Additionally, some impose a higher burden of proof than “preponderance of the evidence,” instead requiring the plaintiff to prove a claim of excessive force by “clear and convincing evidence” (a standard higher than “by a preponderance of evidence” but lower than “beyond a reasonable doubt”).

All states agree that the plaintiff being guilty of the crime for which the officer arrested him isn’t a valid defense for the officer. But, by the same token, a plaintiff who can prove innocence is more likely to be able to show that the officer’s use of force wasn’t necessary. Although most jurisdictions have “qualified immunity” statutes, which can relieve public employees of liability for injuries they cause in the course of their duties, many courts (but not all) have held that these statutes don’t apply to claims of excessive force against police officers. But another potential challenge for citizens who want to sue the police and the city or county is governmental immunity: States are immune from suit by private citizens in federal court under the 11th Amendment to the U.S. Constitution. Additionally, many states have laws immunizing municipalities from equivalent suits. Ultimately, whether the government has a viable “immunity” claim depends on the facts of the case and the jurisdiction it’s in.

Unidentified Officers – “We did it but you don’t know it”. 

Commonly there are multiple police officers involved in an arrest. Often civil rights complainants name many of these police officers as John Doe defendants. John Doe defendants are generally not cognizable in federal courts. Neither the federal statutes nor the federal rules of civil procedure contain any provision for the use of fictitious parties.  To the contrary, Federal Rule of Civil Procedure requires that the complaint include the names of all parties. Pleadings in which the defendants are not identified by name will not suffice. A person is not a party to a lawsuit until named as a party. References to fictitious parties are therefore considered mere hearsay, the subject of dismissal for failure to state a claim. Getting the name right also implicates jurisdiction over the person.

On this precedent, the court dismissed the Doe defendants for lack of personal jurisdiction. Doe defendants in the other civil rights actions are similarly entitled to dismissal under Rule 12(b)

Misidentified Officers – “We didn’t do it and you can’t prove it”. Just as officers who participated in an arrest are named erroneously as unidentified defendants, officers who did not participate in an arrest are named fallaciously as misidentified defendants. Having never struck, punched or kicked the plaintiff, or even observed anyone doing so, officers are named only in the caption or included with broad, sweeping allegations that the “defendants” used excessive force. Neither identification is sufficient.




Federal Rules Of Civil Procedure: Civil Action For Violation Of Rights: 42 U.S.C. § 1983 Civil Conspiracy To Violate Rights: 42 U.S.C. § 1985 Negligent Failure To Prevent Violations Of Civil Rights: 42 U.S.C. § 1986 Criminal Conspiracy To Violate Civil Rights: 18 U.S.C. § 241 Criminal Civil Rights Violations: 18 U.S.C. § 242 Action To Compel Federal Officer: 28 U.S.C. § 1361 Supplemental Jurisdiction: 28 U.S.C. § 1367 Federal Jurisdiction of Civil Cases: 28 U.S.C. § 1391

When is a car accident your fault in Mesa AZ?

Determining who is at fault

Determining who is at fault in an auto accident usually comes down to whoever was most negligent prior to the car accident in Mesa. For example, if one car ran a red light and collided with another car in the intersection, it’s quite obvious who is at fault and therefore responsible for any injuries or property damage that they incurred. However, there are many cases where it’s more difficult to tell which party to blame, which is further complicated by the fact that the police, insurance agencies, and courts all might have different determinations of who was at fault.

Following a car accident, the police fill out a police report with the details of what transpired before, during, and after the accident. They compile this information by interviewing any drivers involved and any potential witnesses in the area who might have witnessed it from a different perspective. Once they have completed their report, they can submit who they believe is at fault for the accident; however, they are not required to do so, meaning that oftentimes police reports are submitted without ever inferring who they believe to be the guilty party. The officer might also issue a traffic citation at the scene of the accident, which can be used in court as proof of negligence.

Once the insurance company is notified

Once the insurance company is notified of the accident, they bring in an adjuster/adjusters to oversee the claim and investigate the details of the situation. These adjusters are very thorough in their research of the details of the accident, ranging from examining the damage to the vehicles to speaking with witnesses and looking at the medical reports of those involved. Finally, based off of the data accumulated during their investigation, the adjuster will assign the blame or a percentage of the blame to one or more of the parties involved, accounting for coverage accorded to them by their insurance policies.

If an aggrieved party was to file a suit after an accident, the court will determine whether or not the defendant is negligent and therefore responsible for the payment of damages incurred. During this court case, the judge will weigh the arguments and evidence presented to them by each party’s lawyers, with the judge or jury (depending on who is responsible for ruling on the case) determining at the end whether the case has any merit. During this process, it is important to note that the rulings made by the insurance company or the police report will not control the outcome of the case, especially as police reports are considered hearsay. However, as mentioned before, any traffic citations issued by the police at the scene of the accident might be used as evidence of one driver’s negligence, contributing to the overall strength of his or her opponent’s argument.