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Tina Westveer

Cars driving on California street

Latest California Car Accident Statistics Revealed

By Car Accident

Car accidents are a significant concern for many Californians. Understanding the statistics behind these incidents can help individuals stay informed about their safety and the risks on the road. Here are some essential insights into California car accident statistics.

Injury Rates

In California, car accidents result in thousands of injuries each year. According to the California Office of Traffic Safety (OTS), there were approximately 200,000 injuries reported in 2021. This includes serious injuries that require hospitalization and minor injuries that may require medical treatment.

Fatality Rates

Tragically, car accidents can also result in fatalities. The OTS reported that in 2021, there were around 3,800 fatalities due to car accidents in California. This number reflects a concerning trend, as it represents a 17% increase from the previous year.

Trends in Specific Locations

Certain areas in California experience higher rates of accidents than others. For example, Los Angeles County consistently ranks among the highest in accident statistics, with densely populated streets and heavy traffic contributing to the increased risk. The California Highway Patrol also notes that rural areas often see higher fatality rates due to high-speed collisions and limited access to emergency services.

Contributing Factors

Several factors contribute to the high rates of car accidents in California:

  1. Distracted Driving
    Texting, using smartphones, and other distractions are leading causes of accidents. In 2021, distracted driving accounted for 30% of all car crashes in the state.
  2. Driving Under the Influence
    DUI-related accidents continue to be a major issue. In 2021, approximately 1,000 fatalities were linked to alcohol-impaired driving.
  3. Speeding
    Excessive speeding contributes significantly to both injury and fatality rates. Many accidents occur when drivers exceed the speed limit or drive too fast for conditions.

Why Choose Fielding Law?

At Fielding Law, we understand the impact of car accidents on individuals and families. Our team is dedicated to providing compassionate legal support to those affected by these incidents. We work tirelessly to ensure you receive the compensation you deserve for your injuries and losses.

With our expertise, you can focus on healing while we handle the complexities of your case. Remember, you are not alone in this journey. If you need assistance navigating your car accident claim, contact Fielding Law at 833.88.SHARK. Let us advocate for your rights and help you through this challenging time.

If you are looking for detailed statistics or more information on car accidents in California, consider visiting the California Office of Traffic Safety website. Understanding these statistics can empower you to drive safer and make informed decisions on the road.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

December 10, 2024
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driver about to crash car into building

When is a Building Owner Liable for a Car Crash?

By Personal Injury

When a vehicle crashes into a business or property, determining liability is not always clear-cut. While the driver is often the primary party at fault, building owner liability in car crashes may also come into play under specific circumstances. Business and property owners need to understand when they could be held liable for damages or injuries resulting from these types of incidents.

Inadequate Safety Measures

One of the main reasons building owner liability in car crashes is established is due to a lack of adequate safety measures. Property owners have a responsibility to protect their building and its occupants from potential vehicle-related accidents. Failing to take proper precautions can lead to liability. Some common examples of inadequate safety measures include:

  • No protective barriers (like bollards or guardrails)
  • Poorly designed parking areas that make vehicle accidents more likely
  • Missing or inadequate signage to guide drivers safely

If a crash could have been prevented by better safety measures, the building owner may be liable for damages.

Poor Property Maintenance

Property owners are also responsible for keeping their premises well-maintained. If poor maintenance contributes to a vehicle crash, building owner liability for a car crash may apply. Examples of negligent maintenance that could increase liability include:

  • Uneven or cracked pavement that confuses or misguides drivers
  • Overgrown landscaping or obstructed signage that reduces driver visibility
  • Insufficient lighting in parking lots or driveways that impairs safe navigation

When a lack of proper maintenance plays a role in a vehicle colliding with a building, the owner could face liability for the resulting damage and injuries.

Legal Considerations for Building Owner Liability

In determining whether building owner liability for a car crash applies, several legal factors are taken into account. These include:

  • The driver’s behavior and condition at the time of the accident
  • Whether the property had known hazards or unsafe conditions
  • If prior incidents occurred, signaling the need for additional safety measures

If it is determined that the building owner neglected to maintain the property or failed to implement proper safety precautions, they could be partially or fully liable for the damages.

Why Hire Fielding Law

Fielding Law understands the complexities of building owner liability in car crashes. Our experienced legal team provides empathetic and capable support to help clients navigate these challenging situations. Whether you are a building owner facing liability concerns or have been impacted by a crash, our team is here to guide you through the legal process. Contact Fielding Law at 833.88.SHARK for compassionate and skilled legal representation to protect your rights and secure the compensation you deserve.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

December 9, 2024
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products on a counter

Can You Sue for Not FDA Approved Products?

By Personal Injury, Product Liability

When a product is not approved by the FDA (Food and Drug Administration), many people may wonder if they still have legal rights after being injured. The answer is, yes, you may still have the right to sue. FDA approval or lack of it does not always determine whether you can pursue compensation for your injuries.

Understanding FDA Approval and Liability

FDA approval is a process where certain products, especially medical devices, drugs, and food items, are evaluated for safety and effectiveness. However, not every product on the market goes through this process. Some products, such as supplements or certain medical devices, might not require FDA approval before being sold to consumers.

Even if a product is not FDA approved, that does not mean you waive your right to sue. If the product causes harm due to defects, misleading claims, or improper safety warnings, you may still be able to hold the manufacturer responsible.

When Can You Sue for Not FDA approved Products?

You can pursue legal action if a product causes injury due to any of the following reasons:

  1. Defective Design: The product was designed in a way that made it unsafe to use.
  2. Manufacturing Defects: Errors were made during the production process that caused the product to be harmful.
  3. Failure to Warn: The product did not come with proper instructions or warnings about risks.
  4. Misrepresentation: The product was marketed in a misleading way about its safety or effectiveness.

These scenarios can apply whether or not the product had FDA approval. It is important to note that manufacturers and sellers still have a responsibility to ensure their products are safe for consumers.

Why Hiring an Attorney is Essential

If you have been injured by not FDA approved products, navigating the legal process can be confusing and stressful. This is where Fielding Law can step in. Our compassionate and skilled attorneys will:

  • Investigate the details of your injury.
  • Determine if the product was unsafe due to defects or lack of warnings.
  • Build a strong case to ensure you receive the compensation you deserve.

At Fielding Law, we are here to support you every step of the way. We know how difficult it can be to deal with the aftermath of an injury, and we are committed to helping you seek justice. Do not let the complexity of product liability laws stop you from pursuing your claim.

Why Hire Fielding Law?

Choosing Fielding Law means partnering with a team that truly cares about your recovery. We will fight for your rights and work to hold negligent companies accountable. Call us at 833.88.SHARK today for a free consultation.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

December 6, 2024
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Hospital doctor with arms crossed

What You Need to Know about a California Hospital Lien

By Personal Injury

When someone is injured and sues a third party for damages, a hospital lien may come into play. A California hospital lien is a legal claim that requires the defendant (the party being sued) to pay the hospital for medical services provided to the injured person. If the defendant settles the case without paying the hospital, they can still be held responsible for those medical costs.

California Hospital Lien Act

The California Legislature created the Hospital Lien Act to help hospitals recover costs for medical care given to patients who are pursuing claims against others. The lien can cover any emergency and ongoing medical care that the hospital provided. Even if there were gaps in treatment, the hospital might still be able to recover costs for all care provided.

It is essential to understand that the hospital lien applies only to money received from third parties, such as settlements or awards. It does not cover first-party claims, like underinsured motorist benefits.

Valid Notice Requirements

For a California hospital lien to be valid, the hospital must notify the defendant before any payment is made to the injured party. This notice must include:

  1. Name and address of the injured person
  2. Name and location of the hospital
  3. Date of the accident
  4. Amount claimed for medical care
  5. Names of individuals or companies who may be liable

Reasonable and Necessary Charges

In California, the amount a patient can recover for medical expenses is based on what the hospital actually accepted as payment, not necessarily what they billed. This means if a hospital accepted a lower payment, the injured party can only claim that amount plus any copayments.

Because of this, it is vital to examine the charges the hospital is asserting. Make sure they are reasonable and related to the treatment of injuries caused by the accident.

Why Hiring an Attorney is Important

Navigating California hospital liens and personal injury claims can be complex and challenging. Hiring an attorney like Fielding Law ensures that your rights are protected. An experienced attorney can help:

  • Communicate with the hospital to negotiate lower lien amounts.
  • Ensure proper notice and documentation are handled correctly.
  • Challenge unreasonable or excessive charges from the hospital.
  • Assess whether the client truly owes any debt to the hospital based on various factors like insurance coverage.

With a caring and empathetic approach, Fielding Law is committed to maximizing your recovery and simplifying the process for you. You deserve support during this challenging time, and having a knowledgeable attorney on your side can make all the difference.

If you need assistance, do not hesitate to reach out to Fielding Law at 833.88.SHARK for a free consultation.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

December 5, 2024
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Metro rail at a station

What to Do After a Valley Metro Rail Accident

By Brain Injury (TBI), Catastrophic Injury, Personal Injury, Slip or Trip and Fall, Spinal Cord Injury, Train Accident, Wrongful Death

Public transportation is a vital part of many communities, and Phoenix, Arizona, is no exception. The Valley Metro Rail system provides a convenient and efficient way for residents to navigate the city. However, accidents can and do happen. Understanding what to do in the aftermath, the types of injuries that can occur, and who might be liable is crucial for anyone who rides the Valley Metro Rail.

What to Do After a Valley Metro Rail Accident

  1. Seek Medical Attention: Your health and safety are the top priority. If you are injured, seek medical help immediately. Even if you feel fine, it’s essential to get checked out by a medical professional since some injuries might not be immediately apparent.
  2. Report the Accident: Notify the authorities and Valley Metro Rail personnel about the accident. Ensure an official report is filed, and try to obtain a copy for your records.
  3. Document Everything: Take photos of the accident scene, your injuries, and any property damage. Collect contact information from witnesses, and write down your recollection of the event while it is still fresh in your mind.
  4. Contact a Personal Injury Lawyer: Navigating the aftermath of a rail accident can be complex. Consulting with a personal injury attorney can help you understand your rights and the next steps to take. At Fielding Law, we specialize in helping victims of public transportation accidents get the compensation they deserve.

Types of Valley Metro Rail Accident Injuries

Valley Metro Rail accidents can result in a wide range of injuries, varying from minor to severe. Some common injuries include:

  • Bruises and Contusions: Often caused by sudden jolts or impacts.
  • Broken Bones: Fractures can occur from falls or being struck by debris.
  • Head Injuries: These range from concussions to traumatic brain injuries and can have long-lasting effects.
  • Spinal Cord Injuries: Injuries to the back and spine can lead to chronic pain or even paralysis.
  • Lacerations: Cuts and scrapes from broken glass or sharp objects.
  • Internal Injuries: Damage to internal organs can be life-threatening and may not be immediately obvious.

Liability in Valley Metro Rail Accidents

Determining liability in a Valley Metro Rail accident can be complex, involving multiple parties. Potentially liable parties include:

  • Valley Metro Rail: The organization itself can be held responsible if the accident was due to faulty equipment, inadequate maintenance, or operator error.
  • Operators: If the train operator was negligent, such as being distracted or under the influence, they might be personally liable.
  • Third Parties: Other drivers or pedestrians who contribute to the accident may also share liability.
  • Manufacturers: If a defect in the train or its components caused the accident, the manufacturer could be held accountable.

Why Hire Fielding Law

Navigating the legal aftermath of a Valley Metro Rail accident can be overwhelming. At Fielding Law, we fight with our fins up and with integrity and tenacity to ensure you receive the compensation you deserve. Our experienced team understands the complexities of public transportation accidents and is dedicated to providing empathetic, kind, and highly capable legal assistance.

Valley Metro Rail Accident Advocates

Valley Metro Rail accidents in Phoenix, Arizona, require prompt and thorough action to ensure your rights and health are protected. Understanding the steps to take, the potential injuries, and liability is crucial. If you or a loved one has been involved in a Valley Metro Rail accident, contact Fielding Law at 833.88.SHARK to discuss your case and explore your options for compensation.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

December 4, 2024
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Kids Bullying in School

Liability for Injuries Caused by Bullying in Schools

By Assault, Personal Injury

Bullying in schools is a serious issue, especially when it escalates to physical violence. Such violence can qualify as assault, leading to significant injuries for the victims—both physical and emotional. If you or your child has suffered injuries from bullying in a school setting, knowing who might be liable is crucial for pursuing a personal injury claim.

What Is Bullying as Assault?

Bullying involves repeated aggressive actions intended to intimidate or harm another person. When this behavior turns into physical violence, it can qualify as assault. Assault involves actions that cause someone to fear immediate harm or inflict physical injury. In a school setting, this can include:

  • Physical Fights: Hitting, pushing, or any other physical contact meant to cause harm.
  • Sexual Assault: Any unwanted sexual contact or advances.
  • Severe Psychological Harm: In some cases, severe psychological abuse that results in physical injury can also be a basis for legal claims.

Who Can Be Held Liable for Injuries?

Several parties might be liable for injuries caused by bullying:

  • The Bully: The person who engaged in the violent behavior can be held liable for the harm caused. Recovering damages from a minor might require pursuing claims against their parents or guardians.
  • The School: Schools must provide a safe environment. If the school knew about the bullying but failed to act, it might be liable. This includes:
    • Negligent Supervision: If staff members were aware of the bullying but did not intervene.
    • Failure to Enforce Policies: Schools must have and enforce anti-bullying policies. Failure to do so can lead to liability.
  • School District: The district may be responsible for systemic failures or inadequate policies that fail to address bullying effectively.
  • Parents or Guardians of the Bully: In some cases, the bully’s parents or guardians might face liability, especially if they knew about the behavior and did nothing to stop it.

Steps to Take if Injured by Bullying

Follow these steps if bullying has led to injury:

  1. Seek Medical Attention: Get medical help for any injuries and document all treatments.
  2. Report the Incident: Inform school officials about the bullying. Ensure they take appropriate action to address and prevent further incidents.
  3. Document Everything: Keep detailed records of the bullying incidents, including dates, descriptions, and any communication with school officials. Gather medical records and reports related to the injuries.
  4. Consult an Attorney: Reach out to an attorney from Fielding Law to explore your legal options. Our experienced attorneys can guide you through filing a personal injury claim.

Proving Your Case

To win a personal injury claim for injuries from bullying, you must:

  • Prove the Bullying Occurred: Provide evidence that bullying happened and involved physical violence.
  • Show Liability: Demonstrate that the responsible parties, such as the school or the bully, breached their duty of care.
  • Document Injuries and Damages: Show that the bullying caused physical or emotional injuries and outline the damages you suffered.

Compensation You May Be Entitled To

Winning your claim may entitle you to compensation for:

  • Medical expenses
  • Therapy and counseling costs
  • Pain and suffering
  • Lost wages (if applicable)
  • Other related damages

Why Choose Fielding Law?

Fielding Law understands the impact bullying can have on students and families. Our attorneys offer compassionate, yet effective legal representation. We will work diligently to secure the compensation and justice you deserve.

Bullying as assault in schools involves serious legal issues. If bullying has resulted in injury, understanding potential liability and the necessary steps is essential for a successful personal injury claim. Contact Fielding Law today at 833.88.SHARK for a free consultation to discuss your case and protect your rights.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

December 3, 2024
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Money and a calculator set aside

Medicare Trust Set Asides: Safeguarding Your Future Medical Expenses

By Personal Injury

If you have a personal injury settlement and are a Medicare beneficiary, you may need to establish a Medicare Trust Set Aside (MSA). This legal arrangement ensures that money is reserved from your settlement to cover future medical expenses related to your injury. It is crucial to protect both your Medicare benefits and your settlement. Here is an explanation of how Medicare trust set asides work and why legal guidance is essential.

What is a Medicare Trust Set Aside?

A Medicare trust set aside is a financial arrangement that sets aside a portion of your personal injury settlement to cover future medical care costs related to your injury. This is necessary because Medicare will not pay for these expenses until the funds in the set-aside account have been exhausted.

When a settlement is reached, Medicare requires that a reasonable portion of it be allocated for future medical costs that Medicare would otherwise cover. This ensures that the burden of your medical expenses does not fall solely on Medicare.

When is a Medicare Trust Set Aside Necessary?

Not every personal injury settlement requires an MSA. However, if you meet certain criteria, setting one up may be mandatory. An MSA is typically required if:

  • You are currently a Medicare beneficiary and receive a settlement for a personal injury.
  • You expect to become a Medicare beneficiary within 30 months of the settlement and the settlement amount exceeds a specific threshold.
  • Your injury will require future medical care that Medicare would otherwise cover.

Failing to establish an MSA when required could result in Medicare refusing to pay for future treatments, which could leave you covering these expenses out of pocket.

How Does a Medicare Trust Set Aside Work?

Once the settlement is reached, a portion of the money is placed in the MSA account. These funds are used solely to pay for future medical care related to your injury. The amount to be set aside is based on a calculation of your future medical needs, often determined by medical and legal professionals.

Medicare will only step in to cover your medical expenses after the funds in the MSA have been fully depleted. It is important to track all expenses accurately and ensure that the funds are spent properly, or you risk losing Medicare coverage for those medical costs.

Why You Need an Attorney for a Medicare Trust Set Aside

Setting up an MSA requires careful planning, and mistakes can lead to serious consequences. An attorney experienced in Medicare trust set asides can help you navigate the process and ensure that everything is handled correctly. Here’s why legal guidance is crucial:

1. Compliance with Medicare Rules

Attorneys ensure that your MSA complies with all Medicare regulations. This includes calculating the appropriate amount to be set aside and managing the paperwork required by Medicare.

2. Protecting Your Settlement

An attorney will work to ensure that only the necessary amount of your settlement is allocated to the MSA, leaving the rest for your other expenses, such as lost wages, pain and suffering, or future care not covered by Medicare.

3. Managing the MSA

An attorney can assist in creating a plan to manage the MSA, including how to track medical expenses and ensure that funds are spent correctly. This ensures that Medicare will cover your expenses when the set-aside is exhausted.

Why Hire Fielding Law?

At Fielding Law, we understand the complexities of Medicare trust set asides and can guide you through the entire process. Our caring and capable attorneys will work to protect your settlement while ensuring compliance with Medicare’s requirements. Let Fielding Law help you secure your future medical care and preserve your financial recovery. Call us at 833.88.SHARK today for a free consultation.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

December 2, 2024
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People talking about Federal ERISA Liens

What are Federal ERISA Liens?

By Personal Injury

When navigating a personal injury claim, understanding federal ERISA liens is crucial. These liens can significantly affect your settlement and the amount you receive. Here, we will explain what federal ERISA liens are, what you need to know about them, and why having an attorney by your side is essential.

What Are Federal ERISA Liens?

Federal ERISA (Employee Retirement Income Security Act) liens arise from health insurance claims that your employer-sponsored plan pays on your behalf. When you pursue a personal injury claim, your health insurance may seek reimbursement for the medical expenses it covered. This is where ERISA liens come into play.

ERISA was established to protect employee benefits, including health insurance. If your health insurance plan is governed by ERISA, it has the right to assert a lien against any compensation you receive from your personal injury settlement. This means that a portion of your settlement could go towards repaying your health insurance provider.

What Do You Need to Know About Federal ERISA Liens?

Understanding how ERISA liens work is vital for anyone pursuing a personal injury claim. Here are key points to consider:

  • Reimbursement Obligations: If your health insurance covered your medical bills related to your injury, it may be entitled to reimbursement from your settlement.
  • Documentation: Proper documentation from your insurance provider is necessary to validate the lien. Without it, you may face challenges when settling your case.
  • Negotiating Liens: An experienced attorney can negotiate the amount owed to your insurer, potentially reducing your repayment obligation.

Why an Attorney Can Help

Navigating federal ERISA liens can be complex. Here are several reasons why having an attorney is beneficial:

  • Legal Expertise: Attorneys understand the intricacies of ERISA laws and can help interpret your rights.
  • Negotiation Skills: A skilled attorney can negotiate with insurance companies on your behalf. They can often secure a better deal than you might obtain on your own.
  • Avoiding Pitfalls: An attorney will help ensure that you do not overlook critical details that could jeopardize your claim or lead to a larger repayment obligation.

Why You Should Not Go It Alone

Handling a personal injury case without legal representation can be risky. Here are a few reasons why you should consider working with an attorney:

  • Complex Legal Process: Personal injury claims involve various legal procedures, paperwork, and timelines. An attorney ensures that everything is handled correctly.
  • Maximizing Compensation: Experienced attorneys know how to accurately value your claim, ensuring that you pursue the compensation you deserve.
  • Protection Against Lowball Offers: Insurance companies often try to settle claims quickly for less than their value. An attorney will advocate for your best interests.

Why Choose Fielding Law?

At Fielding Law, we understand that dealing with federal ERISA liens and personal injury claims can be overwhelming. Our compassionate team is dedicated to guiding you through the process. We will work diligently to protect your rights and secure the compensation you deserve.

With our experience and knowledge, we can navigate the complexities of your case, including any liens that may arise. You do not have to face this alone.

Contact us at 833.88.SHARK for a free consultation. Let Fielding Law help you get the justice and compensation you deserve.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

November 29, 2024
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Map of the united States. personal injury laws by state

How Personal Injury Cases Differ Between States

By Bicycle Accident, Car Accident, Catastrophic Injury, Pedestrian Accident, Personal Injury, Premises Liability, Slip or Trip and Fall, Wrongful Death

If you have been injured and are pursuing a personal injury claim, understanding how personal injury laws by state can impact your case is critical. Laws vary significantly between states, affecting everything from fault determination to the amount of compensation you may receive. At Fielding Law, we help clients navigate these complex laws and ensure they are well-prepared for any legal challenges.

Key Differences in Personal Injury Laws Between States

1. Comparative vs. Contributory Negligence:
  • California: California uses a comparative negligence system. If you are partially at fault for your injury, you can still recover damages, but the amount will be reduced based on your percentage of fault.
  • Arizona: Arizona also follows a comparative negligence system, similar to California, allowing recovery for damages even if you share some fault. The compensation will be adjusted according to the degree of fault.
2. Statutes of Limitations:
  • California: In California, the statute of limitations for personal injury claims is generally two years from the date of the injury. This time frame is relatively standard and gives injured parties ample time to file a lawsuit.
  • Arizona: Arizona has a similar statute of limitations for personal injury cases, which is also two years. However, there are exceptions for cases involving minors or specific types of claims, so it is important to consult with an attorney.
3. Damage Caps:
  • California: California does not impose a cap on economic damages, such as medical expenses or lost wages. However, there is a cap on non-economic damages (pain and suffering) in medical malpractice cases, which is currently set at $250,000.
  • Arizona: Arizona also does not have caps on economic damages. For non-economic damages in medical malpractice cases, the state has a cap of $300,000. In other personal injury cases, there is no specific cap on non-economic damages.
4. Fault in Car Accidents:
  • California: California operates under a fault-based system, meaning the person who caused the accident is liable for damages. Insurance companies will assess fault and handle claims based on their findings.
  • Arizona: Arizona is a fault-based state as well, similar to California. The at-fault driver’s insurance is responsible for covering the damages, and drivers must prove fault to receive compensation.
5. Unique Local Laws:
  • California: California has specific laws regarding personal injury claims, including strict liability for dog bites. Pet owners are responsible for injuries caused by their animals, regardless of the animal’s prior behavior.
  • Arizona: Arizona also has a strict liability rule for dog bites, meaning pet owners are liable for injuries their pets cause, even if the dog had no previous history of aggression.

Why Choose Fielding Law for Your Personal Injury Case?

Whether your injury occurred in California or Arizona, Fielding Law is the team for you. Navigating the differences in personal injury laws by state can be overwhelming, especially if you are recovering from an injury. Our attorneys have in-depth knowledge of each state’s specific personal injury laws and are dedicated to handling your case with the utmost care and expertise. Call 833.88.SHARK today, and let us help you understand your options and guide you through every step of the legal process.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

November 28, 2024
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View of a car tire after an accident on Arizona road

Arizona Roll-Over Accident Legal Guide

By Car Accident, Catastrophic Injury, Rideshare Accident, RV Accident, Truck Accident, Wrongful Death

Roll-over accidents are some of the most dangerous types of crashes. In Arizona, these accidents are particularly common due to the state’s unique combination of high-speed highways, desert terrain, and heavy vehicle traffic. If you or someone you care about has been injured in a roll-over accident, it is important to understand the laws and know what steps to take.

What Causes Roll-Over Accidents in Arizona?

Roll-over accidents can happen for many reasons, but some of the most common causes include:

  • Speeding: High speeds, especially on highways, significantly increase the risk of roll-overs.
  • Sharp Turns: Sudden turns or evasive maneuvers can cause vehicles, especially SUVs or trucks, to tip over.
  • Tire Blowouts: If a tire bursts, it can cause the driver to lose control and lead to a roll-over.
  • Distracted Driving: Inattention to the road can result in a serious accident, including roll-overs.

Arizona Laws Regarding Roll-Over Accidents

In Arizona, negligence plays a key role in determining who is responsible for a roll-over accident. If another driver’s negligence contributed to the accident, such as speeding or distracted driving, you may be eligible to seek compensation for your injuries. Additionally, Arizona follows comparative fault rules, meaning even if you were partially at fault for the accident, you could still recover damages, though the amount may be reduced based on your level of responsibility.

Common Injuries in Roll-Over Accidents

Roll-over accidents can result in severe injuries due to the violent nature of the crash. Understanding common injuries can help you recognize the seriousness of the situation and the importance of seeking compensation. Some frequent injuries in roll-over accidents include:

  • Head and Brain Injuries: Traumatic brain injuries (TBI) can occur when the head strikes the vehicle interior or objects outside the car.
  • Spinal Cord Injuries: The force of a roll-over can damage the spinal cord, leading to paralysis or other permanent disabilities.
  • Broken Bones: Fractures are common, especially in the arms, legs, and ribs, as passengers are tossed around inside the vehicle.
  • Internal Injuries: The impact can cause damage to internal organs, leading to internal bleeding and life-threatening conditions.
  • Lacerations and Bruises: Flying debris and broken glass often cause severe cuts and bruising.

After an accident, it is critical to seek immediate medical attention, even if injuries are not immediately apparent. If you or a loved one suffers from any of these injuries, Fielding Law can help you seek compensation for medical expenses, lost wages, and pain and suffering.

Why Choose Fielding Law

At Fielding Law, we understand the overwhelming stress that comes with being involved in a serious accident. Our caring and empathetic team is here to help you every step of the way. We take the time to listen to your story and provide you with knowledgeable, reliable legal advice. With a strong track record in handling roll-over accidents in Arizona, our attorneys know how to fight for the compensation you deserve. Give us a call at 833.88.SHARK for a free consultation to discuss your options.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

November 27, 2024
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