Truck driver fatigue can pose a serious threat to others on Arizona roadways. Because of the size and mass of semi-trucks, other drivers, passengers, cyclists, and pedestrians are at a much higher risk of catastrophic injuries or fatalities in case of a collision. Many factors can escalate the risk of a crash, including distracted driving or intoxication. However, the nature of the trucking industry makes drowsy driving particularly likely. Truckers drive for many hours at a time, often in the dark, over long stretches of monotonous highways.
These conditions can help to foster exhaustion, something that poses a severe risk to others on the road. Accidents are more likely when truck drivers are exhausted, especially when they violate federal hours of service regulations. Truckers can drive 11 hours out of a 14-hour workday and are required to keep electronic logs, a change that came in 2017 in response to deadly truck crashes linked to fatigue.
Many industries are dependent on trucking, including in North Dakota’s oil region. Two fatal crashes that took place on a roadway bypass constructed explicitly to increase highway safety by reducing exposure to trucking accidents have drawn attention to this issue. In both crashes, one involving two semi-trucks and the other involving a large truck and a pickup truck, one of the semitrucks crossed the centerline of the road and rammed head-on into the other vehicle.
Weaving in and out of lanes can be one sign of truck driver fatigue, and the injuries to occupants of other vehicles can be catastrophic. People who have been hurt in a collision due to someone else’s negligent driving might want to have the help of an attorney when seeking compensation for their losses.
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If you’ve never had to use a lawyer before, it can be a strange concept to hire one. There are many inhibitions that come along with hiring a lawyer so that it can be a complicated process. There’s nothing worse than having no idea at all where to start, especially when it involves something that is most likely time-sensitive. Not to mention, it’s not a cheap decision which only adds to the pot. If you’re new to hiring an attorney or lawyer, here are a few steps to get you started.
Ask for Referrals
Often, family and friends can suggest someone they know and trust to represent you. This is your best bet because you’re not relying on the opinion or reviews of strangers. You’ll gain confidence from choosing a lawyer that was used by someone you know and trust. If no one close to you has any suggestions, ask your local community. There are plenty of local groups on Facebook, which will give you access to someone that’s a member of your community. This time of attorney will be familiar with people and judges involved, which makes it even sweeter.
Don’t just settle and don’t just go for the first attorney or lawyer mentioned to you. Check out their prices, Google them to see some background information on them. Ask around about their past work. Sometimes, the more expensive lawyer isn’t always the best, and the cheapest isn’t always the worst. Doing your research will give you a stronger leg to stand on when it comes to choosing the perfect personal injury lawyer for you and your case.
Call Your Choices
Narrow down a list of choices based on the pricing you can afford and their past work/experience. Keep it short, tell them the details of your case, and see if they would be willing to take it on. Sometimes they’ll give you a heads up of what to expect and what they can do. If you don’t like their attitude, the sound of what they told you, etc. don’t settle, move on to the next option.
Often, we don’t give ourselves enough credit. If you can tell in your gut what choice you need to go with, do it. Odds are, your subconscious knew before you did. When it comes to taking steps and making decisions we’re unfamiliar with, we doubt ourselves. You’re smarter than you think and if you have a gut feeling, trust it. This doesn’t mean you should ignore sound advice, as this can help direct you as well.
In the end, if you choose someone that ends up not being right for you, don’t hesitate to move to another lawyer. Many people feel like they’re stuck with their first choice, but this isn’t true. Dealing with a case in court is rarely a small ordeal and deserves to be appropriately handled and knowledgeable. Don’t expect any less.
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.
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.
Many different types of personal injury cases can be classified as premises liability cases, including:
- fires, explosions or electrocutions;
- negligent security at hotels and bars resulting in violent crime;
- porch or other structure collapses;
- elevator and escalator injuries;
- injuries at camps, health clubs, and places of amusement;
- injuries at swimming pools;
- injuries from snow and ice;
- dog bites and other animal-related injuries;
- defects in stairways and walkways resulting in falls;
- slips, trips, or falls in stores or supermarkets;
- mold or other toxic injury;
- injuries to tenants and their guests in rented space or common areas;
- slip and fall cases;
- snow and ice accidents;
- inadequate maintenance of the premises;
- defective conditions on the premises;
- inadequate building security leading to injury or assault;
- elevator and escalator accidents;
- water leaks or flooding, and
- toxic fumes or chemicals.
Premises liability cases include a wide range of fact scenarios. Even dog bite cases fall under the umbrella of premises liability because they involve an unsafe condition on someone’s property (the presence of a potentially dangerous dog).
Here is how a premises liability case works:
The first steps in your case will be for your attorney to investigate your accident. He obtains evidence proving the other party’s negligence, and collect your medical records, medical bills, wage loss documentation, and other proof of your damages. This will help him to evaluate the strength of your claim and how much your claim is worth.
Maximum medical improvement
Your maximum medical improvement is the stage in your medical treatment where you have recovered as fully as possible. You need to reach this stage before moving on with the settlement of your claim to be certain that you know your prognosis and what future medical and wage loss damages you will incur. This is so that these amounts are included in the settlement.
Your attorney will send a demand package to the insurance adjuster outlining the other party’s negligence, your injuries, your medical treatment, and the amount you are entitled to in settlement. Then there will be a period of negotiation where your lawyer would try to settle your claim without the need for litigation.
If your attorney is unable to settle your claim or the statute of limitations to file a lawsuit is about to expire, he will file a complaint and litigate your case. Once the answer to the complaint is filed, your attorney will engage in a lengthy discovery phase where written questions are answered, documents are provided pursuant to requests for production of documents, and depositions are taken. He will also try to settle your case at various times, and at some point it will most likely be resolved. If not, your case would be decided at trial.
Like anything in law or life in general, getting to a successful result in a premises liability case is not always simple, and it certainly should not be viewed as simple by your personal injury lawyer. Successful prosecution of a property-related accident case requires knowledge, resources, and experience in the multiple legal specialties and sub-specialties involved in bringing such cases.
Car insurance is certain to play a part in any claim that’s made after a car accident. Arizona, like most states, requires the owner of a motor vehicle to maintain a certain amount of insurance coverage in order to operate the vehicle legally on the state’s roads and highways. So, understanding the Arizona auto insurance rules is essential to any potential car accident case. Arizona is a fault based state, thi means an accident victim has to prove fault on the person that caused an accident and their injuries. Proving fault includes several elements:
- You have to prove the other person owed you a duty of reasonable care (ie: if driving, one has a duty to drive carefully and obey traffic laws)
- You must prove the other person breached that duty (ie: they were negligent by rnning a stop sign or red light)
- You were injured and incurred damages as a result of their negligence
Fault can also be split among several people or entities, which each defendant liable/responsible only for their level of fault in causing an accident or one’s injuries: Arizona is also a state of comparative negligence, which means if you act negligently and such actions contribute to your own injuries, your potential recovery will be reduced by the percentage of fault attributed to you.
-If the at-fault driver has no auto insurance, the injured party can make an injury claim against their own auto insurance carrier, providing they purchased uninsured motorist (UM) coverage.
-If the at-fault driver’s auto insurance coverage is insufficient to compensate a victim for their injuries or damages, the injured person can make a subsequent claim against their own carrier under their underinsured motorist (UIM) coverage. However, UM or UIM coverage is not mandatory under Arizona Law. It is an optional coverage that one must purchase if so desired.
After any kind of traffic accident in Arizona, if you’ve been injured or incurred damage to your vehicle, you probably want to understand your options for getting compensated for your losses.
The Arizona Car Accident Statute of Limitations
A “statute of limitations” is a state law that sets a strict time limit on the right to bring a lawsuit. These deadlines vary depending on the kind of harm you suffered or the kind of case you want to file.
(Note: the statute of limitations does not apply to a car insurance claim. Any insurance company, whether your own or the other driver’s, is going to require you to make a claim – or at least give the insurer notice of an incident that could trigger a claim – “promptly” or “within a reasonable time” after the accident. That usually means a matter of days, or a few weeks at most.)
In Arizona, the statute of limitations that affects car accident lawsuits is the same as the larger one that applies to all personal injury cases. Specifically, Arizona Revised Statutes section 12-542 sets a two-year deadline for the filing of any civil case seeking a remedy for “injuries done to the person of another,” for “trespass for injury done to the estate or the property of another,” and for “injuries done to the person of another when death ensues from such injuries.”
So, after a car accident, the same two-year time limit would apply regardless of whether the legal remedy being sought is for injury, vehicle damage, or wrongful death.
If anyone was injured or had their property damaged in the crash – whether a driver, passenger, motorcycle rider, bicyclist, or pedestrian – they must get their lawsuit filed within two years of the date of the accident.
If you try to file your lawsuit after the two-year time window has closed, the court will almost certainly refuse to consider it, so it’s important to understand how the statute of limitations applies to your situation. Even if you’re confident that your case will be resolved through the car insurance claim process, you’ll want to leave yourself plenty of time to file a lawsuit in case you need to – if for no other reason than that you’ll have more leverage during settlement talks. If you think you might be running up against the two-year deadline, it may be time to contact an experienced Arizona car accident attorney.
If the other driver was entirely at fault for your car accident, he (through their insurance carrier) will pay to compensate you for medical bills, lost wages, and other losses you suffered. But what happens if you were partly at fault? Arizona follows a “pure comparative fault” rule when both parties are found to share blame for an accident. In most car accident cases, the jury is asked to calculate two things based on the evidence: the total dollar amount of the plaintiff’s damages, and the percentage of fault that belongs to each party. Under the pure comparative fault rule, the plaintiff’s damages award is reduced by a percentage equal to his or her share of fault. The comparative fault rule in Arizona applies even if you are found to be more responsible for the accident than the other driver. For instance, if the jury decides you are 90 percent at fault, you are still technically entitled to 10 percent of your total damages, but of course the other side of the coin is that you’ll be on the hook for 90 percent of the other driver’s damages.
Industrial accidents can cause fatal injuries that can impact your life forever. You can be left with questions and nowhere to turn for answers.
We’ll offer you some reasonable answers to your questions. And don’t worry, you’re not alone. We will guide you every step of the way. Calling our legal professionals (480) 757-5000 is the first step towards answering your questions with detail.
With industrial accidents, it’s especially important that you or a family member call us as soon as possible. Evidence can quickly disappear quickly from worksites, and a matter of hours could be the difference between having a case or not.
Do I have an Industrial Accident Case?
Working within this industry can be very dangerous, and many men and women put themselves in harm’s way every day. However, if something’s dangerous, that doesn’t mean you aren’t entitled to compensation if you’ve been injured. Some of the most common industrial injuries are:
- Falling Injuries
- Equipment Failure
- Crushing Injuries
- Falling Objects
- Amputation/Severed Limbs
- Trucking Accidents
- Fire/Explosion Injuries
These injuries can occur in many different fields:
- Fracking/Marcellus Shale
- Railway/Riverway Transportation
- Utility Companies
Our legal team will determine if you have a case. When you contact us, the level of details of your accident will be of highly significant to the fact. It will be based on essential details like the extent of the injury, hospitalization, surgery(Or will be needed in the future), permanent damage to your health, who was at fault, what evidence is available and more.
How much is my Industrial Accident Case Worth?
In this type of situation, you are probably wondering “How much is my case worth”? We know that you are worried about your family’s future, as well as your own. We want you to know that we’re here to help you. Stress and mounting medical bills can pile up with no solution in sight. We can help you and get you the money you deserve.
To understand your case we’il need to know the details :
What are the injuries, do you need surgery, do you have unpaid medical expenses, are you unable to work, have you lost wages or expect in the future, how long will it take you to recover, how long did it take you to heal, do you have permanent damage, witnesses, etc.
Sometimes it is difficult to understand if you’re having a personal injury claim or worker’s compensation claim. The main difference is the third party claim. Third party claim refers to an injury occurring at a worksite but is the responsibility of someone other than your employer. So it can be a personal injury claim!
With an injury complicating your everyday life, we’re here to put back things back in place. We’ll work towards settling the compensation you deserve. We’ll help you get money for medical bills, hospital stays, lost wages, future or past surgeries, ongoing physical therapy and more.
Hiring a legal counselor can be expensive, and it might look like just another bill when you are already stretched thin. We’re here to help. Remember, we’re here for you, call us today for a free legal consultation.
“Putting your teen in a big, boring vehicle is going to be a lot easier on the wallet than giving them the zippy small car they may want,” says Russ Rader, spokesperson for the Insurance Institute for Highway Safety (IIHS).
So, adding a teenage driver to your car insurance bundle will raise your rates, but you can control how much will they climb. Teenagers cost more to insure, and there is a reason for that! Usually, new drivers are one of the most dangerous drivers on the road, at rates several times the scale of the average driver.
Ensure your teen driver!
You should ensure all family members in the household, whether they drive your cars or not. I don’t have full custody of your child, consult insurance company. Companies have different policies regarding ensuring a teen as a single parent. Best way to approach this is that the parent with primary custody adds the new driver. A minor cannot own a property or sign contracts, without a parent’s signature or consent.
The average car insurance rate for a 16-year-old who has his or her policy is as follows, per year:
- State minimum coverage: $2,593
- Liability limits of 50/100/50: $2, 957
- Full coverage: $6,930
It’s better and cheaper to add teenagers to an existing policy than to exclude them, and then buy an additional car and ensure it, says consumer analyst Penny Gusner.
Think about choosing a car you can ensure at low cost
If you have a couple of cars, it can be resourceful to have your new driver assigned to a specific one, the one that’s cheapest to insure. When choosing a car, you should start with IIHS’s, which lists insurance losses by make and model for vehicles built before 2010. The vehicles with lower auto insurance losses will typically have lower auto insurance rates while providing more protection if the crash occurs.
“Bigger, faster engine costs more money to insure and more money to repair,” says June Walbert, a Certified Finacial Planner for USAA.
Having a car with a powerful engine can be a temptation to a young mind(And sometimes for an even older one), and you will probably use that kind of power. She recommends four-door sedans and crossover vehicles. Don’t overlook car Insurance discounts.
Check with the insurer to see what types of discounts for teenagers might be available.
The nationwide study done in 2010 of almost 2000 parents of teens between the ages of 15 and 19 found auto insurance costs soared an average of $800 a year just by adding a teenager to their policy.
There are good-student discounts to teens who maintain at least a “B” average. If your teen is old enough to go to college and doesn’t have a car. You’re likely to get a break on our auto insurance. That’s because the teen isn’t a regular operator. Several insurance companies offer digital monitoring devices to keep an eye on tour teen’s driving behavior.
Depending on the system installed, it might monitor specific specified behaviors like seat belt usage, speeding, hard braking, cornering and arrival and departure times.
Unauthorized Computer Access
The Computer Fraud and Abuse Act (CFAA) (18 U. S. C. § 1030) is a federal statute that mainly protects against unauthorized computer access such as hacking. This act can also impact enthusiasts in the domain of social media.
Initially enacted in 1984, CFAA makes it unlawful to access knowingly or intentionally a “protected computer” without authorization or more than authorized access. Computers “with protection” are defined and include all
Networks of computers that are widely-used in or affect interstate commerce, and so include most employer-owned personal computer systems. Criminal fees and penalties may occur if the violation of CFAA happens, and CFAA also allows individuals (And employers) to be able to bring a civil action for damages or injunctive relief.
Employees rarely drag into court their employers under CFAA, but employers should yet consider CFAA in making their social media policies and deciding how they will regulate employee using social media. Employers typically are permitted to access and view any open public social media marketing content without working afoul of CFAA, in addition to CFAA may even guard an employer’s right to be able to access public social media marketing articles.
Circumstances are significant: While the courtroom found that the application of password systems on social sites was a crucial factor, in addition to despite the fact of which LinkedIn had revoked HiQ’s authorization to view articles, the court did not necessarily see any difficulties with hiQ accessing LinkedIn’s public sociable media profiles and reports. As such, the courtroom granted a preliminary injunction enjoining LinkedIn from preventing hiQ from accessing, replicating, or using any regarding LinkedIn’s public profiles.
So what’s the inside contrast?
Users may disobey CFAA if they accessibility employees’ private social mass media profiles without permission. Also under CFAA “Access” is not limited to be able to physical access to a new computer and social mass media profiles are typically password protected. Employers must be cautious about accessing a great employee’s private social mass media profile unless the staff grants the permission to watch the pattern casually. Business employers must have professional knowledge about levels of privacy and what they can access and what they can’t. The boss should only view a great employee’s private social media content in the event the employee has access to the profile on a new computer or system, the employer’s policies enable for it.
In September 2011, an amendment to the CFAA was introduced to bring the law back to its original focus on illegal intruder prevention as part of the Personal Data Privacy and Security Act of 2011.
Motorcyclists are more vulnerable on the road
As spring/summer approaches and the weather temperature rises, more and more motorcyclists will start hitting the roadways. With this seasonal increase of motorcyclists on the roadways, comes to an increased danger of those motorcyclists getting into serious accidents. It should come as no surprise that motorcyclists are more vulnerable on the road and statistically are more likely to be injured or killed in a car accident than occupants in a car, bus, or truck.
Back in the year 2015, motorcycle fatalities across the United States topped 5,000. Motorcycle accidents accounted for 1.1 percent of total crashes and 15.8 percent of all fatal crashes. All because motorcyclists aren’t that well seen on the road. One state has tried making a difference in decreasing motorcycle accidents; Illinois instituted a “Start Seeing Motorcycles” campaign and declared the month of May the Motorcycle Awareness Month. The campaign urges all drivers to stay vigilant when on the road and consciously look for motorcycles on the roadways.
There are three states in the nation that do not have a law that mandates motorcyclists and their passengers to wear helmets. Whether your state has this law or not, it is ludicrous to not want to wear a helmet when driving a motorcycle. Statistics show that wearing a helmet can reduce injuries and save lives effectively. The National Highway Traffic Safety Administration (NHTSA) estimated that wearing helmets saved 1,859 motorcyclists’ lives in 2016, and 802 more lives could have been saved if all motorcyclists had worn their helmets. The NHTSA estimates that helmets are 37% more effective in preventing fatal injuries to motorcyclists and 41% more effective in preventing fatal injuries to their passengers.
Motorcycle accidents or no easy matter and can be terrifying for anyone involved in any shape, way, or form. Medical costs can of course quickly stack up and overwhelm. If you or a loved one has been injured in a motorcycle accident, contact a professional accident lawyer to learn more about how you may be entitled to receive compensation for your injuries and get peace of mind.