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Tina Westveer

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15 Most Asked Questions for Slip and Fall Injuries

By Personal Injury, Premises Liability, Public Entity, Slip or Trip and Fall

Slip and fall injuries can happen anywhere, from a grocery store to a friend’s home. If you sustain an injury in a slip and fall accident, you may have many questions about your rights and how to handle the situation. We’ve answered 15 frequently asked questions to guide you through this process.

1. What is a slip and fall injury?

A slip and fall injury happens when someone slips, trips, or falls on someone else’s property due to unsafe conditions. These accidents can lead to serious injuries, including broken bones, sprains, or head trauma.

2. Who is responsible for my slip and fall?

If the property owner, manager, or tenant failed to maintain a safe environment, they may be responsible for your injuries. Liability depends on the specifics of the accident.

3. What should I do after a slip and fall?

Immediately seek medical attention, even if you think your injuries are minor. Report the accident to the property owner or manager. Also, document the scene with pictures and witness contact information.

4. Can I file a lawsuit for a slip and fall?

Yes. If the property owner was negligent in maintaining their property, you may be entitled to compensation for your injuries, medical bills, and lost wages.

5. Do I need a lawyer for a slip and fall case?

While you can file a claim on your own, hiring a personal injury attorney ensures you protect your rights and receive the maximum compensation possible.

6. How long do I have to file a slip and fall claim?

Most states allow two years for filing a slip and fall claim. However, if the accident occurred on property owned by a public entity, you may have a shorter time frame to file your claim. Acting quickly can preserve important evidence and strengthen your case.

7. What evidence do I need for a slip and fall case?

Gather photographs of the accident scene, medical records, witness statements, any accident reports to support your case, and contact Fielding Law at 833.88.SHARK to get you the support you need.

8. Can I still get compensation if I was partially at fault?

Yes, you can still receive compensation if you were partially at fault. However, your compensation may decrease based on your percentage of fault.

9. How are slip and fall cases settled?

Many slip and fall cases settle outside of court through negotiations with the property owner’s insurance company. If the parties cannot reach a settlement, the case may go to trial.

10. What kind of damages can I recover?

You may recover compensation for medical expenses, pain and suffering, lost wages, emotional distress, and permanent disabilities resulting from the accident.

11. What if the property owner denies responsibility?

If the property owner denies responsibility, you may need to prove their negligence using witness testimony, photographs, and expert analysis. An experienced attorney can help gather the necessary evidence.

12. How long will my slip and fall case take?

The duration of your case depends on factors such as the complexity of the situation and whether the case settles. It may take months or even years to resolve.

13. What if my slip and fall injury was caused by a wet floor?

If the floor was wet due to a failure to mark a hazard or clean up a spill, the property owner may be liable for your injuries. Document the wet floor condition immediately after the fall.

14. Can I file a claim if I slipped on ice?

Yes, property owners are responsible for clearing ice and snow from walkways. If they fail to do so, you may have a case.

15. What are common slip and fall injury types?

Common injuries from slip and fall accidents include sprains, fractures, head injuries, back injuries, and shoulder injuries. These injuries often require extensive medical treatment and rehabilitation.

Why Hire Fielding Law?

At Fielding Law, we understand the physical, emotional, and financial toll slip and fall injuries can take. Our experienced team is dedicated to fighting for your rights and helping you recover the compensation you deserve.

We take the time to understand your case and work tirelessly to ensure you receive the support you need throughout the legal process. Fielding Law is committed to securing the best possible outcome for you, so you can focus on your recovery.

If you have sustained a slip and fall injury, call 833.88.SHARK today. Let us help you get back on your feet.

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

April 23, 2025
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An elderly couple in a convertible car

Elderly Drivers and Cognitive Health

By Car Accident, Catastrophic Injury, Wrongful Death

As people age, their ability to drive safely can be impacted by mild cognitive impairment (MCI) or other age-related changes. While many older adults can still drive safely, studies show that cognitive decline can increase risks on the road. According to the National Highway Traffic Safety Administration (NHTSA), drivers aged 65 and older were involved in 20% of all fatal traffic crashes in 2022. Understanding these risks is critical to keeping everyone safe.

How Cognitive Impairment Impacts Driving

Driving requires quick decision-making, focus, and coordination. Mild cognitive impairment can affect:

  • Reaction Time: Slower responses to traffic signals or sudden hazards.
  • Memory: Difficulty remembering routes or understanding road signs.
  • Judgment: Poor decisions in high-stress situations, such as merging or navigating intersections.

Recognizing these signs early can help families address potential dangers before accidents occur.

Testing and Awareness for Elderly Drivers

Recent studies suggest that routine testing for cognitive decline could be beneficial for elderly drivers. These tests may help identify those at higher risk of causing accidents. Recommendations include:

  • Regular screenings during Medicare visits.
  • Discussions between families and healthcare providers about driving safety.
  • Adjustments to driving habits, such as avoiding night driving or busy highways.

When an Accident Happens

Unfortunately, not all risks can be prevented. If an elderly driver causes or is involved in an accident, the consequences can be severe, including:

  • Injuries to pedestrians or other drivers.
  • Extensive medical bills and vehicle damage.
  • Emotional trauma for all parties involved.

Why Hire Fielding Law

At Fielding Law, we understand the complexities of accidents involving elderly drivers. Our experienced team is here to help you navigate the legal process with compassion and care. We work tirelessly to secure the compensation you deserve, whether for medical bills, lost wages, or emotional suffering.

If you or a loved one has been involved in an accident caused by or involving an elderly driver, call Fielding Law at 833.88.SHARK for a free consultation. Let us handle the legal side so you can focus on recovery.

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

April 22, 2025
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Empty courtroom with multiple black chairs and wooden pews

How Can My Case Have Multiple Defendants?

By Car Accident, Personal Injury, Premises Liability, Product Liability

Understanding Multiple Defendants in a Case

When you file a personal injury claim, more than one party may be responsible for your injuries. In these cases, multiple defendants can be named in a lawsuit, each playing a role in the damages you have suffered. Understanding how this works can help you build a strong case and pursue fair compensation.

Situations Where Multiple Defendants May Apply

There are several situations where multiple defendants could be held accountable for your injuries. Identifying all liable parties ensures you receive the compensation you deserve.

Car Accidents Involving Multiple Parties

In a multi-car collision, more than one driver may share responsibility. For example, if one driver runs a red light while another is speeding, both could be liable for your injuries. Establishing fault requires a thorough investigation, including reviewing accident reports and witness statements.

Premises Liability Cases

If you suffer an injury at a business or on private property, multiple parties could be responsible. For example, a property owner and a third-party maintenance company might both contribute to hazardous conditions, such as an unmarked wet floor or faulty handrails.

Product Liability Claims

When defective products cause injuries, multiple defendants may include the manufacturer, distributor, and retailer. Each party involved in the supply chain could have played a role in producing or selling a dangerous product.

Workplace Injuries Involving Third Parties

Work-related injuries are not always the sole responsibility of an employer. If faulty equipment or negligence from a third-party contractor contributed to the injury, both the employer and the third party may be liable.

How Liability is Determined

Liability in cases with multiple defendants depends on comparative negligence or joint and several liability:

  • Comparative Negligence: Each party is assigned a percentage of fault, and damages are awarded based on these percentages.
  • Joint and Several Liability: One defendant may be required to pay the full amount of damages, even if others also share responsibility. The paying defendant can then seek reimbursement from the other liable parties.

Why Hire Fielding Law?

Handling a case with multiple defendants requires a skilled legal team. At Fielding Law, we thoroughly investigate every aspect of your case to hold all responsible parties accountable. Our team is dedicated to securing the compensation you deserve. Call us today at 833.88.SHARK to discuss your case.

If your case involves multiple defendants, knowing how liability is determined can help you understand your legal options. Seeking legal guidance from experienced attorneys can make a significant difference in achieving a successful outcome.

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

April 21, 2025
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Decoding E-Bike Rights

Decoding E-Bike Rights: Navigating Misinformation After an Injury

By Bicycle Accident, E-Bikes and E-Scooters

E-bikes have transformed urban commuting, offering a convenient and eco-friendly way to travel. However, many riders do not realize that standard insurance policies often fail to cover e-bike accidents. At Fielding Law, we believe every rider deserves to understand their E-Bike Rights and take the necessary steps to stay protected.

Insurance Gaps: Do Not Assume You Are Covered

Standard auto and homeowner insurance policies rarely include e-bike accidents, leaving many riders without financial protection. Fielding Law urges riders to explore supplemental insurance options designed specifically for e-bikes. By securing the right coverage, you can avoid unexpected financial burdens after an accident.

Understanding Liability in E-Bike Accidents

Establishing fault in an e-bike accident can be complicated, but it is essential. Fielding Law’s skilled personal injury attorneys investigate every case thoroughly to determine liability. Whether another rider, a motorist, or a defective bike part caused the accident, we fight to ensure you receive fair compensation.

Legal Protections: Know Your E-Bike Rights

Unlike traditional vehicle operators, e-bike riders often lack critical legal protections. Fielding Law works tirelessly to bridge this gap, advocating for fair treatment and just compensation for injured riders. Every commuter, regardless of their mode of transportation, deserves equal legal support.

Why Hire Fielding Law?

If you have suffered an e-bike injury, Fielding Law is here to help. Our dedicated legal team combines expertise with compassion, ensuring you receive the support and representation you need. We guide you through insurance challenges, fight for your E-Bike Rights, and work toward the best possible outcome for your case.

Call 833.88.SHARK today for expert legal guidance. Ride with confidence, knowing your rights are protected.

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

April 18, 2025
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two people sitting in a car filling out an insurance claim

Pay for Insurance, Get Penalized for Using It

By Car Accident, Personal Injury

Insurance companies have mastered the art of convincing people they need insurance. Whether it is auto, home, health, or another form, the message is clear: You need this protection. Without it, you are exposed to risk. You are practically forced to get insurance for your car, house, and even your health, often at high monthly premiums.

But here is the kicker: once you actually need to use your insurance, you are told that filing an insurance claim could raise your rates. In essence, they take your money to protect you, but when you need them most, they warn you to back off. It is a frustrating and ridiculous situation that puts consumers in a tough spot.

The Insurance Trap: Protecting Profits, Not People

So, why do insurance companies do this? The answer is simple: profit. Insurance companies profit by collecting premiums and not paying out claims. The longer they can keep your money and avoid paying you, the better it is for their bottom line. This creates a system where people are afraid to file claims. They fear a rate increase, even though they have been paying for years.

This fear is not unwarranted. Insurance companies often raise premiums after you file a claim. Even legitimate claims lead to higher rates. This creates a culture of anxiety around the thing that was supposed to protect us—our insurance. You are penalized for using the service you pay for. This makes the entire process feel like a scam.

The Consequences of Avoiding Filling an Insurance Claim

At Fielding Law, we see clients hesitate to open claims because they fear an increase in premiums. This is where the insurance industry’s double standard shows its ugly side. People pay premiums for years, sometimes decades, only to find out the protection they were promised is not easily accessible.

Avoiding claims can lead to financial and physical consequences. If you do not open a claim after an accident or injury, you risk your health and finances. Medical bills pile up, and without proper compensation, you could end up paying for something that was never your fault.

The Bottom Line: Use Your Insurance, Do Not Let Them Gaslight You

At Fielding Law, we want you to know that you should use your insurance when you need it. You have already paid for that protection, and you deserve to be covered when something goes wrong. Do not let the insurance industry scare you into believing that using your benefits will result in outrageous rate hikes or worse. If your insurance company tries to penalize you for filing a claim, you have rights. We are here to fight for them.

Understanding Your Legal Rights in Insurance Claims

When it comes to insurance claims, both California and Arizona have laws in place to protect consumers from unfair rate hikes after filing a claim.

In California, Prop 103 and Insurance Code § 1861.02 provide important protections. Under Prop 103, insurance companies are prohibited from raising premiums due to the filing of a claim unless the claim is for a specific type of loss or risk. This helps prevent insurance companies from unfairly penalizing you just for using the coverage you’ve paid for.

In Arizona, the law under A.R.S. § 33-931 ensures that an insurance company cannot cancel or non-renew a policy, or increase premiums due to the filing of a claim in certain situations. This law is designed to protect policyholders from being punished for needing the protection they’ve been paying for.

Why Hire Fielding Law?

At Fielding Law, we help individuals who have been injured due to the negligence of others understand their legal rights after an injury. Whether you are dealing with mounting medical bills, missed work, or pressure from an insurance company, our attorneys are here to guide you. Do not hesitate to reach out if you feel you are being unfairly penalized for filing a claim. We will help you navigate the legal process and fight for the compensation you are entitled to.

Contact us at 833.88.SHARK and let us make sure you get the justice and compensation you are entitled to.

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

April 17, 2025
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person riding an e-scooter on the sidewalk

The Hidden Dangers of E-Bikes and E-Scooters

By E-Bikes and E-Scooters, Pedestrian Accident

E-bikes and e-scooters have surged in popularity, offering a convenient and eco-friendly way to travel. However, their rise has also led to an increase in accidents, particularly involving pedestrians. Understanding the risks, liability concerns, and insurance requirements can help you stay safe whether you are a rider or a bystander.

The Growing Risk of E-Bikes and E-Scooters

Collisions involving e-bikes and e-scooters have become a significant safety issue in urban areas. According to the U.S. Consumer Product Safety Commission (CPSC), e-bike and e-scooter-related injuries increased by 127% from 2017 to 2021. These incidents often result in serious injuries, including fractures, head trauma, and even fatalities.

The majority of injuries resulted from riders falling, accounting for 79.1%, while 16.1% were due to collisions. Additionally, 4.8% of cases involved pedestrians being struck by an e-scooter. The most affected age group was between 25 and 40 years old, comprising 55.5% of injured individuals, with 81.1% of those injuries caused by falls. (NLM)

E-Bikes and E-Scooters vs. Pedestrians

Pedestrians face increasing dangers from e-bikes and e-scooters, especially when:

  • Riders speed through sidewalks, violating local laws.
  • Scooters are left scattered on sidewalks, creating trip hazards.
  • Reckless or inexperienced riders fail to control their vehicles properly.

Are Rental E-Bikes and E-Scooters a Liability for Pedestrians?

E-scooter and e-bike rental companies have faced lawsuits over injuries caused by their vehicles. The primary concerns include:

  • Poor Parking Practices: Riders often leave scooters in the middle of sidewalks, creating hazardous conditions for pedestrians.
  • Malfunctioning Equipment: Defective brakes, worn-out tires, and software issues have led to serious accidents.
  • Lack of Rider Accountability: Many rental companies do not require training or enforce helmet laws, increasing the risk of injuries.

A notable case in Los Angeles (2021) involved a pedestrian who tripped over a poorly parked rental scooter, suffering a broken hip. The victim sued the rental company for failing to regulate parking enforcement.

What Does the Rental Agreement Cover?

Before renting an e-bike or e-scooter, users must agree to terms and conditions that often:

  • Waive Liability: Riders assume responsibility for any accidents or injuries.
  • Limit the Company’s Accountability: Most agreements protect rental companies from lawsuits, even in cases of faulty equipment.
  • Require Safe Riding Practices: Many agreements state that users must follow local traffic laws, though enforcement is minimal.

Reading the fine print is crucial, as most users are unaware they might be personally liable for damages if they cause an accident.

Do You Need Additional Insurance for E-Bikes and E-Scooters?

Most personal auto or homeowners insurance does not cover accidents involving e-bikes or e-scooters. Riders may need:

  • Personal Liability Insurance: Covers damages if you injure someone or damage property.
  • Medical Payments Coverage: Helps pay for medical bills if you are injured while riding.
  • Uninsured/Underinsured Motorist Coverage: Protects you if another rider or driver causes an accident and lacks adequate coverage.

Some cities now require riders to have insurance before using e-bikes or e-scooters, particularly for rental services.

How Fielding Law Can Help

If you were injured by an e-bike or e-scooter, you might have legal options to seek compensation. Fielding Law has experience handling pedestrian injury claims and can help determine liability, whether it is the rider, rental company, or manufacturer at fault.

Our team will investigate your case, gather evidence, and work to secure compensation for medical bills, lost wages, and pain and suffering. Contact Fielding Law at 833.88.SHARK today for a consultation.

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

April 16, 2025
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two cars in the middle of a street race

Injured in a Street Race?

By Car Accident, Pedestrian Accident, Personal Injury, Premises Liability, Public Entity, Wrongful Death

Street racing, though illegal, continues to pose significant risks to both participants and innocent bystanders. Injuries to spectators and pedestrians are common, and understanding your rights and potential avenues for compensation is crucial if you are affected by such incidents.

The Prevalence and Dangers of Street Racing

Street racing remains a growing concern due to its frequency and severe consequences. Between 2001 and 2008, street racing-related crashes killed over 1,000 individuals. Allen and Allen

The high speeds involved in these races significantly increase the likelihood of severe injuries or fatalities. This risk extends beyond racers to unsuspecting bystanders. Tario Law

Notable Cases Highlighting Bystander Vulnerability

Several incidents highlight the dangers faced by innocent bystanders:

Van Nuys, California (2024):

An innocent bystander was killed when a street racing crash caused a vehicle to slam into another car. The incident underscored the risks posed to pedestrians and drivers who are not involved in the race.

San Carlos, California (2022):

A high-speed race led to a crash that tragically killed two parents, leaving their twin 7-year-old daughters orphaned.

New Haven, Connecticut (2022):

A fatal street racing incident involving multiple vehicles led to several lawsuits against the city and property owners. These parties failed to implement adequate traffic-calming measures despite knowledge of ongoing illegal racing activities.

Legal Recourse for Injured Bystanders

If a street racing incident injures you as an innocent bystander, you may be entitled to compensation. The following parties could be liable:

Street Racers:

Both participants in the race may bear joint responsibility for the resulting injuries. Their illegal actions directly caused the harm.

Event Organizers:

If individuals or groups organized or promoted the race, they might share liability, especially if they encouraged spectators to gather.

Property Owners:

Property owners where races often occur could face liability if they failed to take reasonable steps to prevent such activities. This is especially true if they allowed or encouraged spectators to be present.

Government Entities:

Municipalities aware of recurring illegal street racing without implementing adequate safety measures may be considered negligent, increasing the risk to bystanders.

Steps to Take Following an Injury

If you find yourself injured as a bystander in a street racing incident, take these steps:

  1. Seek Immediate Medical Attention: Prompt treatment helps document your injuries and is essential for your health.

  2. Report the Incident: Notify law enforcement so they can document the scene and investigate the incident.

  3. Collect Evidence: Gather witness statements, photographs, and any other evidence to support your account of the incident.

  4. Consult Legal Counsel: A personal injury attorney experienced in street racing cases can guide you through the process, help identify responsible parties, and advocate for your compensation.

How Fielding Law Can Help

If a street racing incident has injured you as an innocent bystander, you need an experienced personal injury attorney. Fielding Law specializes in holding reckless individuals and entities accountable for their actions. We understand the complexities of street racing accidents and the various parties that may be liable.

Our team will investigate your case, gather evidence, and work with experts to build a strong case on your behalf. We will fight for your right to compensation for medical bills, lost wages, pain and suffering, and any other expenses caused by the accident.

When you choose Fielding Law, you can rest assured that we are committed to securing the justice and compensation you deserve. Contact Fielding Law at 833.88.SHARK today to discuss your case and begin your recovery process.

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

April 15, 2025
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Santa Monica Pier as dusk

Injured at Santa Monica Pier? What You Need to Know.

By Pedestrian Accident, Personal Injury, Premises Liability, Public Entity

The Santa Monica Pier is an iconic location in California, attracting both locals and tourists. It offers stunning views, fun rides, and a lively atmosphere. However, accidents can happen at any time. Whether you are walking, enjoying the rides, or relaxing at the beach, certain types of injuries are more likely. If you are injured at the Santa Monica Pier, it is important to understand the common injuries that happen, notable cases, and who may be liable.

Types of Injuries That Happen at Santa Monica Pier

  1. Slip and Falls
    Wet surfaces, uneven pavement, and crowded walkways are common hazards. Visitors often trip or slip, leading to injuries such as sprained ankles, broken bones, or even head trauma.

  2. Amusement Ride Accidents
    The Ferris wheel and roller coaster are popular attractions. Faulty equipment or operator negligence can cause serious injuries. These injuries can include whiplash, neck or back injuries, or broken bones.

  3. Drowning or Near-Drowning
    The pier’s proximity to water increases the risk of drowning or near-drowning. Strong waves can lead to serious water-related injuries or fatalities, especially near the beach.

  4. Bicycle and Scooter Accidents
    With many visitors using bicycles or electric scooters, accidents are common. Collisions with pedestrians or other riders can cause injuries such as cuts, bruises, or head trauma.

  5. Electrical Injuries
    Electrical equipment is everywhere on the pier. Faulty wiring or exposed wires can cause electrocution injuries, which can be severe.

  6. Assaults or Fights
    Large crowds sometimes lead to altercations. In these cases, victims may suffer injuries ranging from cuts and bruises to more severe trauma.

Notable Cases at the Santa Monica Pier

The Santa Monica Pier has witnessed several significant injury incidents over the years. For instance, in June 2018, a 62-year-old street performer named David “Davy Rocks” Petersen was dancing near the pier when a rider on a Bird electric scooter collided with him from behind. This accident resulted in a ruptured bicep and a broken arm, both of which required surgery.

Additionally, on January 20, 2022, a collision occurred on the pier ramp between a man in his 20s riding an electric scooter and a man in his 50s. Both individuals sustained moderate injuries and received medical attention.

These incidents highlight the importance of safety measures and the responsibilities of both operators and visitors at the Santa Monica Pier.

Who Is Liable?

Liability in accidents at the Santa Monica Pier depends on the situation. Some parties may be held responsible for injuries, including:

  1. Property Owners
    The city or organizations responsible for maintaining the pier may be liable if poor upkeep caused the injury. For example, broken railings, wet floors, or uneven pavement could lead to accidents.

  2. Amusement Ride Operators
    If the injury occurred on a ride, the company running the amusement park may be responsible. Negligence in maintenance, operator error, or faulty equipment could lead to a lawsuit.

  3. Scooter Rental Companies
    Scooter rental companies may be liable if their vehicles are not properly maintained or if safety guidelines are not followed.

  4. Other Individuals
    In cases of fights or assaults, the individual responsible may be held liable for the injuries they caused.

Why Hire Fielding Law?

If you are injured at the Santa Monica Pier, you may be entitled to compensation. Fielding Law can help you through the legal process and ensure your rights are protected. Whether you need assistance negotiating with insurance companies or require representation in court, Fielding Law is here to guide you. Contact us 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.

April 14, 2025
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chapman-university-dale-e-fowler-school-law

Ryan Cooper Chapman Law Panelist at Admitted Students Day

By In the Community

Ryan Cooper, senior attorney at Fielding Law attorney and a proud alumnus of Chapman University Fowler School of Law, participated in an alumni panel at the Admitted Students Day event on Saturday. As a former student of the school, Ryan shared valuable insights about his journey from law student to practicing attorney, providing prospective law students with a glimpse of what to expect at Chapman Law and how the institution shaped his career.

Ryan Cooper’s Experience on the Alumni Panel

Ryan Cooper, alongside other Chapman alumni, faculty, and current students, took part in a panel discussion designed to offer future law students a closer look at the Chapman Law experience. “I always enjoy returning to campus.” Ryan said. “I’m proud of the foundation that Chapman gave me, and it was great to share that with the next generation of law students.”

The day also included a campus tour, mock law classes, and presentations from faculty members. However, it was Ryan’s perspective as an attorney and Chapman Law alumnus that provided a unique and inspiring viewpoint for attendees.

ryan cooper on a panel at Fowler School of Law

Photo from Chapman University Fowler School of Law Linkedin

A Continued Connection to Chapman Law

Chapman University Fowler School of Law posted photos from the event, including one of Ryan participating in the panel. Ryan proudly reposted this photo, continuing his support for the school that helped him launch his legal career.

At Fielding Law, we are proud to have Ryan Cooper as part of our team, where he combines the lessons learned from Chapman Law with his commitment to serving clients with excellence.

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

April 11, 2025
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road closed sign in an Arizona desert

What Is Arizona’s “Stupid Motorist Law”?

By Personal Injury

Arizona is known for its monsoon season, which brings heavy rains and flash flooding. Many drivers underestimate the power of floodwaters, leading to dangerous—and sometimes fatal—situations. To discourage reckless behavior, Arizona enforces the “Stupid Motorist Law,” which holds drivers financially responsible if they ignore road closure signs and require rescue. While this law is meant to prevent reckless driving, it also presents unique dangers for motorists.

What Is Arizona’s “Stupid Motorist Law”?

Arizona Revised Statute §28-910, commonly known as the “Stupid Motorist Law,” applies to drivers who enter flooded roadways that have been marked with barricades or warning signs. If emergency responders must rescue the driver, they can be held financially responsible for the cost of the rescue.

The law aims to prevent unnecessary risks, protect first responders, and reduce taxpayer costs. However, it also presents unintended dangers for motorists.

What Are the Risks of the “Stupid Motorist Law”?

While the law encourages safer driving, it may also create unique dangers for motorists, including:

  • Hesitation During Emergencies: Some drivers may fear financial consequences and attempt to escape floodwaters on their own instead of calling for help, putting themselves in greater danger.
  • Misleading Road Conditions: Floodwaters can rise quickly, and a previously safe road may become impassable in seconds, trapping unaware drivers.
  • Potential Insurance Issues: Drivers who are deemed liable under this law may have difficulty getting their insurance to cover damages or rescue costs.
  • Legal Confusion: Some drivers may not realize they are violating the law if barricades have been moved or if a roadway appears passable at first glance.

What Happens If You Are Rescued Under the Law?

If you are rescued after driving through a barricaded flooded road, you may face:

  • Financial Penalties: You could be required to reimburse emergency services for the cost of your rescue.
  • Traffic Citations: You may receive a fine or other penalties for reckless driving.
  • Increased Insurance Rates: Your insurance provider may increase your premiums or deny coverage for vehicle damage.

How Can Drivers Avoid Violating the Law?

To stay safe and avoid liability under the “Stupid Motorist Law,” follow these precautions:

  1. Turn Around, Do Not Enter: Never drive through a flooded roadway, even if it looks shallow.
  2. Follow Weather Alerts: Arizona’s monsoon season can change conditions rapidly, so check for warnings before driving.
  3. Obey Road Closure Signs: If a road is barricaded, find an alternate route.
  4. Do Not Assume You Can Make It: Floodwaters can be deceptive—just six inches of moving water can knock an adult off their feet, and 12 inches can carry away a small car.
  5. Seek Higher Ground If Trapped: If floodwaters begin rising around your vehicle, leave the car and move to a higher, safe location if possible.

Why Hire Fielding Law?

Navigating Arizona’s traffic laws, including the “Stupid Motorist Law,” can be complicated—especially if you are facing fines, insurance disputes, or personal injury claims after a flood-related accident. At Fielding Law, we help motorists understand their rights and explore legal options after unexpected roadway incidents.

If you need legal guidance after a flood-related accident, contact 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.

April 10, 2025
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