All vehicle accidents can be devastating and life-changing, whether they involve cars, motorcycles, or semi-trucks. Property damage, serious injuries, high medical bills, and loss of life can result from any roadway accident. Despite similar impacts, it’s essential to understand how truck accident claims differ from auto accident claims. The size of the vehicles and the complex legal system surrounding commercial trucks make it harder to recover from an 18-wheeler accident.  

Why Truck Accident Claims Are Different

A fully loaded semi-truck can weigh up to 80,000 pounds, roughly 20 times heavier than the average passenger car. As a result, truck accidents tend to be more severe and fatal than accidents that just involve cars. There are also multiple potentially liable parties in truck accidents, making it challenging to determine the identity of the at-fault party.  Additionally, the types of injuries from a semi-truck accident tend to be more severe than a car accident.  These injuries include: 

• Brain trauma 
• Spinal cord injuries
• Paralysis
• Burns 
• Loss of limbs
• Facial and dental injuries
• Internal organ damage
• Fractures
• Lacerations
• Neck injuries 

Recovering from a semi-truck accident can require extensive medical care and long-term rehabilitation, which can lead to costly medical bills. Generally speaking, more money is necessary to cover losses after a truck accident because the injuries are more severe than those in auto accident claims.  You can seek compensation to cover the following:

• Medical bills
• Lost wages
• Long-term medical care
• Loss of future earning potential 
• Pain and suffering 
• Loss of enjoyment of life

Identifying the Parties Involved in a Truck Accident Claim

A truck accident could include more liable parties than a car accident because trucking is a commercial industry. Parties that could be at fault in semi-truck accident claims include:

• The truck driver
• Trucking company 
• Truck manufacturers 
• Truck maintenance providers
• Cargo loading company
• Other motorist(s)

Understanding the Legal Process

Because of its complexity, a truck accident investigation can require more time, energy, and attention than a car accident investigation. It takes time to interview multiple drivers, collect evidence like maintenance records, and conduct a thorough crash investigation.  A skilled truck accident attorney can:

• Investigate your claim to determine fault and collect evidence
• Interview witnesses and evaluate their credibility 
• Obtain data from the truck’s black box
• Engage accident reconstruction specialists 
• Assess your injuries and assign a value to your losses
• Negotiate with insurance companies
• Manage communications with insurers and at-fault parties
• File a lawsuit within the statute of limitations and track vital deadlines
• Concisely present how you’ve been affected by the accident
• Vigorously represent you in court if necessary

Hiring a truck accident attorney can guide you down the path of recovering money to cover your medical bills and care. 

Contact Our Phoenix Truck Accident Attorneys to Learn More

Working with an experienced truck accident attorney is essential when pursuing the compensation you need after you’ve been injured in a truck accident due to someone else’s actions. At Silkman Law Firm Injury & Accident Lawyer, we only concentrate on personal injury cases. Our legal team can vigorously investigate your truck accident, and we know how to protect you against insurance company tactics to reduce the value of your claim. Contact us today for your free consultation.

Posted in Semi-truck Accident | No Comments »

Regular maintenance checks are vital to keeping any vehicle in good working order. This is especially true for large commercial vehicles, which are under considerable mechanical stress week in and week out. These vehicles also weigh up to 20 times more than the average passenger car, which puts more stress on the truck’s parts and makes them more likely to fail. When truck drivers and trucking companies don’t prioritize maintenance, serious accidents can result.

Laws Governing Truck Maintenance

The Federal Motor Carrier Safety Administration (FMCSA) and other regulators have implemented many rules regarding truck maintenance and additional safety measures. Here are some key FMCSA regulations concerning truck maintenance:

• All commercial trucks must be inspected by a qualified inspector every 12 months.
• Trucking companies must “systematically inspect, repair, and maintain” all the trucks in their fleets.
• In addition to inspecting their vehicles before each trip, truck drivers must complete a daily post-trip inspection and report any issues to their employers.

A truck driver or trucking company may be guilty of criminal negligence in the event of a truck accident caused by no maintenance.

Common Maintenance Issues Leading to Truck Accidents

The regulations above are designed to reduce the likelihood of preventable truck accidents. Unfortunately, they are only effective when they are followed to the letter. When truck drivers and carriers fail to regularly inspect their vehicles as required, they increase the chance of accidents resulting from the following common maintenance issues:

• Brake Failure: Worn or improperly maintained brakes can fail, leading to catastrophic accidents.
• Tire Blowouts: Inadequately inflated or worn tires can explode, potentially causing the driver to lose control.
• Steering Issues: Faulty steering systems can hinder a driver’s ability to control the truck, increasing the risk of veering off course.
• Improperly Secured Cargo: Cargo that is not secured correctly can shift in transit, throwing the truck out of balance. It can even fall off the vehicle entirely, creating hazardous conditions for other vehicles.
• Engine Problems: An inadequately maintained engine can seize up, catch fire, or even explode, leading to sudden stops, loss of power, or worse.

What To Do After a Semi-Truck Accident

If you’ve been hurt in a truck accident caused by a driver or carrier’s failure to maintain their vehicle, you could be entitled to file a claim for compensation. In many ways, this claim begins as soon as the accident occurs, and what you do in the aftermath can significantly affect your chance of success. With that in mind, consider taking the following steps:

• Seek medical attention right away and follow your doctor’s instructions
• Save any evidence from the accident scene (photos, witness contact information, etc.)
• Do not discuss the accident on social media
• Do not talk to any insurance companies without speaking to a lawyer first
• Hire a truck accident lawyer for maintenance issues

Contact Our Arizona Truck Accident Attorney to Learn More

Are you looking for an experienced truck accident attorney for maintenance issues? Then contact Silkman Law Firm Injury & Accident Lawyer today. We will review your case for free and advise you on your options for pursuing compensation.

Posted in Semi-truck Accident | No Comments »

Many of the injuries that result from a car accident are immediately apparent, such as lacerations or broken bones. Other physical injuries are less obvious but detectable through X-rays or MRIs. However, people often overlook the psychological effects of personal injury accidents, which are invisible but just as harmful.  If you were in an accident and now suffer from depression, anxiety, or another psychological disorder, you could be entitled to compensation. Feel free to contact us to learn more about the invisible aftermath of car accidents, how to identify psychological symptoms, and how a lawyer could help.

Invisible Aftermath of an Accident

The underlying physical injuries of a motor vehicle crash or another accident are not always apparent, but they frequently cause severe problems for the injured party. Some common psychological injuries after accidents include:

• Post-Traumatic Stress Disorder (PTSD): PTSD is a common reaction for accident victims following a traumatic event like a car crash. You might experience flashbacks, nightmares, severe anxiety, or uncontrollable thoughts about the accident.
• Depression: After an accident, it’s not uncommon to feel a deep sense of sadness or hopelessness. These feelings might manifest as a lack of interest in activities you once enjoyed, changes in appetite, or a persistent feeling of emptiness.
• Anxiety and Panic Attacks: Anxiety after a serious car accident can be overwhelming. You might experience intense, persistent worry and fear about everyday situations. In some cases, this can lead to panic attacks, where you feel sudden periods of intense fear that may include palpitations, sweating, or a feeling of impending doom.
• Phobias: Developing a specific phobia, such as a fear of driving or being in a car, is a typical response after an accident. This phobia can limit your ability to return to your routine, cause emotional suffering, and can be debilitating in your daily life.
• Sleep Disturbances: Trouble sleeping, including difficulties falling or staying asleep, is common after an accident. These issues can lead to a cycle of fatigue and stress, impacting your overall health and well-being.

Identifying Psychological Symptoms

One of the significant challenges in recovering compensation for psychological trauma after an accident is proving it exists. A knowledgeable attorney can gather evidence to demonstrate how an accident has affected you psychologically and emotionally and use that to strengthen your personal injury case. This evidence might include:

• Medical bills and records
• A personal diary or journal
• Notes from mental health professionals
• Testimony from expert witnesses
• Accounts from friends, family, or coworkers

Can You Be Compensated for Psychological Trauma?

You can seek compensation for psychological trauma or other mental effects of an accident. However, proving emotional distress can be challenging, as mental health issues do not have obvious physical signs. An experienced attorney can help you pursue compensation for psychological trauma after a car or motorcycle accident by filing a personal injury claim. This can aid in your mental health recovery as you move forward from a traumatic event.

Contact Our Phoenix Accident Attorney for More Information

Did you experience psychological shock after a car accident? If so, the legal team at Silkman Law Firm Injury & Accident Lawyer can help. We understand that proving this trauma can be challenging, and we will fight to help you pursue the psychological trauma after car accident compensation you deserve. Contact us today for a free consultation.

Posted in Personal Injury Law | No Comments »

There are many dangers and potential consequences to being in any type of traffic accident. However, collisions involving large commercial vehicles have a far greater potential to cause catastrophic damage and life-altering injuries. The size disparity between trucks and passenger vehicles, differences in handling, and the layered insurance policies of many trucking companies can make the semi-truck accident aftermath more physically, emotionally, and legally complex.

The Scale and Severity of Truck Accidents

Many passenger vehicle occupants who are involved in truck accidents suffer debilitating injuries that may last the rest of their lives. One of the main reasons for the increased severity of truck accidents is their enormous size. While the average passenger car weighs about 4,000 pounds, a fully loaded commercial truck can weigh 80,000 pounds. As a result, passenger vehicle occupants will experience the massive force of impact of an object 20 times heavier, which can lead to life-threatening injuries even at relatively low speeds. Furthermore, trucks require much greater stopping distances than passenger vehicles due to their substantial weight. While a passenger vehicle traveling at 65 mph under ideal conditions will require 300 feet to come to a complete stop, a tractor-trailer at the same speed will need 525 feet. As such, a truck driver who is speeding or tailgating is less capable of braking early enough to avoid sudden hazards. 

Legal Complexity in Truck Accident Cases

Trucking accidents are often more complicated than other crashes because multiple parties may be at fault. While truckers are often liable for accidents, their employers might also be at fault if they pressured drivers into working in violation of hours of service (HOS) regulations or failed to maintain their vehicles, for example.  Furthermore, the trucking company’s insurers and legal team will do all they can to protect themselves from liability, meaning accident victims need the support of an experienced semi-truck accident attorney.

The Physical and Emotional Toll

Injuries from a truck accident can cause immense physical pain. These injuries may require intensive medical treatments over months or years or result in permanent impairments. Furthermore, many truck accident victims experience mental health challenges, including post-traumatic stress disorder (PTSD) and a loss of enjoyment of life due to the accident and resulting disabilities.

Financial Implications for Victims

What is the average settlement for a truck accident? The amount you can recover will depend on the value of your losses, such as medical expenses, lost income, and the pain and suffering you have experienced. How long does it take to settle a semi-truck accident? The process is often longer than a car accident claim. It might take between a few months to well over a year. Your attorney can give you a reasonable estimate of how long your claim might take.

Contact our Phoenix Truck Accident Attorney to Learn More

If you have suffered injuries in a truck accident in Arizona, Silkman Law Firm Injury & Accident Lawyer can give you the support and advocacy you need. Contact us today for a free case review to learn more about your legal options.

Posted in Semi-truck Accident | No Comments »

If you’ve been injured in a car accident due to another driver’s negligence, you may wonder whether you have cause to seek compensation through a personal injury lawsuit. Thankfully, our Phoenix car accident law firm can review your legal options and help you determine your next steps. Here’s why you should call today for a free consultation.

1. Navigating the Legal Maze

Car accident attorneys understand the law and how it applies to your situation. Their knowledge and expertise will help your case go more quickly and smoothly than if you tried to navigate the process on your own.

2. Expertise in Claim Valuation

Calculating medical costs and lost wages can be more complicated than you’d expect — and that’s to say nothing of assigning a dollar value to pain and suffering. Your attorney understands how claim valuation works and will make an appropriate assessment of the amount you’re owed.

3. Negotiating with Insurance Companies

The other driver’s insurance company has no incentive to offer you a fair settlement. Your car accident lawyer is an experienced negotiator who will handle all the communication with the insurer to protect your rights and attempt to secure the compensation you deserve.

4. Proving Liability

The amount of research that goes into proving liability in a car accident case is considerable, ranging from examining the police report to securing medical records, digging up witness testimony, and more. An experienced accident lawyer will uncover the facts about your accident and build a case on your behalf.

5. Helping You Find Medical Resources

Your attorney has contacts within various fields related to their work, including the medical profession. Suppose you’ve been unable to secure appropriate medical treatment for your injuries. In that case, your lawyer might be able to connect you with healthcare providers and negotiate medical liens with them to get the care you need.

6. Contingency Fees Mean No Upfront Costs

In injury cases, it’s common for attorneys to work on a contingency basis. A contingency fee means your lawyer won’t charge you upfront and will only collect payment if they successfully secure compensation for you. Their fees will come out of the total compensation amount.

7. Reducing Stress

Car accidents are traumatic events, and between your injuries, the stress of being unable to work, and wondering how you’ll pay your medical bills, you shouldn’t have to worry about your legal case. Your lawyer takes this stress off your plate so you can focus on recovery.

8. Access to Expert Witnesses

It may be necessary to secure testimony from expert witnesses who can offer their opinion on the extent of your injuries. Your car accident attorney has connections with experts in various subject areas and can reach out to these individuals on your behalf.

9. Litigation

There’s a possibility your case will wind up in court. Your lawyer will have significant experience arguing cases like yours at trial and will understand the various procedures involved with appearing in the courtroom setting.

10. Advocacy and Support

The aftermath of an accident is a stressful and challenging time. When you hire an attorney, you benefit from their advocacy and dedication to your case. You can trust them to fight for the justice you deserve.

Contact Our Phoenix Car Accident Attorney Today

Silkman Law Firm Injury & Accident Lawyer is an experienced car accident law firm serving Phoenix-area clients. If you’ve been injured in a collision, our team would be happy to help you understand your legal options and pursue the full and fair compensation you deserve. Contact us today for a free consultation.

Posted in Car Accident | No Comments »

Motorists who familiarize themselves with safe driving tips can reduce their risk of getting into catastrophic collisions. Here are some safety tips to remember when traveling on the road. 

Understanding Road Safety in Phoenix

Critical road safety tips that drivers should know include:

• Avoid driving faster than the speed limit.
• Refrain from driving after consuming alcohol or drugs or while feeling tired or sleepy.
• Always use your seat belt.
• Obey all stop signs and traffic signals.
• Practice defensive driving, which involves avoiding aggressive behaviors and expecting the unexpected from other motorists.
• Maintain a safe following distance from other drivers.
• Drive safely when changing lanes.
• Avoid distractions, such as your cell phone, while driving.
• Perform all recommended maintenance for your vehicle, including the proper tire pressure.

Phoenix motorists should also learn safe driving tips for winter. After precipitation during the winter months, overnight lows might approach freezing temperatures, potentially leading to the formation of black ice that can pose a hazard for the morning commute. In that case, keep a reasonable distance between your vehicle and the car ahead of you in case you need to come to a sudden stop.

Safe Driving Practices in Challenging Conditions

Although famous for its hot, dry weather, Phoenix regularly experiences bad weather conditions that require drivers to take extra precautions. The Phoenix area can experience severe weather, such as dust storms, flooding, and monsoons. Tips for safe driving in adverse weather conditions include:

• Following weather reports and avoiding driving during predicted severe weather events
• Pulling off the road into a rest stop or parking lot when severe weather makes it too dangerous to continue driving. If you need to pull off to the side of the road, activate your vehicle’s hazard lights
• Reducing your speed when driving in heavy precipitation or low visibility. Turn on your vehicle’s low-beam headlights and use your hazard lights when driving well below the speed limit
• Increasing your following distance

Legal Considerations for Drivers

Drivers involved in accidents should familiarize themselves with Arizona’s laws governing car accidents:

• §28-661: Drivers in an accident resulting in injuries or death must immediately stop at or return to the accident scene.
• §28-663: After an accident, drivers must provide their name, address, and vehicle registration number to others involved in the crash, show their driver’s license upon request, and provide reasonable assistance to those injured in the crash (including calling emergency medical services if necessary or requested by an injured person).
• §28-664: Drivers who collide with unattended motor vehicles must stop and either locate the vehicle’s owner/operator or leave a written note giving one’s name and address and the name/address of their vehicle’s owner.
• §28-666: Drivers in accidents resulting in injury or death must report the crash, orally or in writing, to the local police, county sheriff, or nearest highway patrol office.
• §28-674: After a crash, drivers should move their vehicles from the roadway to the shoulder, emergency lane, median, or another place off the road if they can safely drive their vehicle.

Finally, drivers should remember that the statute of limitations typically requires them to file a car accident lawsuit within two years of a crash.

What to Do If You’re Involved in an Accident

After a car accident, the steps you should take to protect your legal rights include:

• Obtain a copy of the police crash report.
• Request your medical records of your treatment/rehabilitation.
• Follow your doctor’s treatment recommendations and recovery instructions.
• Keep bills, invoices, and receipts of expenses from the crash.
• Gather your pay stubs or income statements if you suffer a loss of earning capacity due to the accident.

Finally, contact a car accident lawyer to get help obtaining compensation for your injuries and losses.

Contact our Phoenix Car Accident Attorneys to Learn More

If you’ve been in a crash in Phoenix, get experienced legal help to pursue accountability and financial recovery. Contact Silkman Law Firm Injury & Accident Lawyer today for a free, no-obligation consultation with our knowledgeable legal team to discuss your legal options for securing compensation.

Posted in Car Accident | No Comments »

Semi-trucks are the lifeblood of the transportation industry. Every year, these machines transport goods across the nation, ensuring that the things we need are where we need them. Unfortunately, these mammoth vehicles can cause catastrophic accidents when mishandled, and these accidents may impact victims for the rest of their lives. At Silkman Law Firm Injury & Accident Lawyer, we focus on helping people injured in Phoenix truck accidents get the compensation they deserve after collisions involving semi-truck drivers. The goal of any insurer or semi-truck company is to protect themselves, not you. That means offering as little compensation as possible, leaving you to pick up the pieces. Has a semi-truck accident hurt your physical and financial health? Let our experienced semi-truck accident lawyers help you understand what to do after an accident with a semi-truck.

What to Do Immediately After an Accident

Commercial vehicle accidents can be traumatizing. You may be injured and in shock after a collision, making it challenging to get your thoughts together and act. At Silkman Law Firm Injury & Accident Lawyer, we want to help you understand what to do immediately after an accident. 

• Contact the authorities and emergency services
• If possible, document the scene as thoroughly as possible
• Exchange information with the semi-truck driver
• Seek medical attention for your injuries immediately
• Ask witnesses for their contact information

Your priority following a truck accident injury is to protect your well-being. Always seek medical treatment for your injuries as soon as possible. In the days and weeks following the crash, stick to your doctor’s treatment plan, keep all bills and paperwork related to the crash, and contact a skilled semi-truck accident lawyer for help.

Common Causes of Semi-Truck Accidents

Driving a large commercial vehicle is a demanding job. Many drivers work on tight deadlines, driving hours at a time to meet their company’s goals. Pressure, stress, fatigue, and distractions are standard in the trucking industry. However, these factors can also be dangerous and lead to devastating accidents. Some of the most common causes of semi-truck accidents on Arizona roadways include:

• Fatigued driving
• Distracted driving
• Driving while impaired or intoxicated
• Speeding
• Unsafe lane changes
• Failure to yield
• Aggressive driving
• Mechanical defects
• Driver inexperience

Truck drivers unfamiliar with Arizona terrain may also be surprised by sudden monsoon storms in the South and snowstorms in the North. Inclement weather conditions may also contribute to some commercial vehicle collisions.

Navigating Legal Challenges in Phoenix 

Seeking financial recovery after a semi-truck accident can be challenging. Who is liable? How can you prove the truck driver or trucking company is to blame? Evidence is the key to establishing liability. However, obtaining the evidence you need to build a solid claim is much easier with the help of an experienced Phoenix semi truck accident attorney. An attorney can help gather the vital information you need before it can be lost or destroyed. An attorney can also help you understand Arizona’s comparative fault system and how it may impact your claim. Arizona follows a pure comparative fault model, meaning that in civil lawsuits, your compensation diminishes by the same percentage of fault you bear for causing a crash. For example, if you are found to be 25 percent responsible for the collision, your compensation is reduced by 25 percent. 

Contact a Phoenix Truck Accident Lawyer Today 

A truck accident injury can change your life. Pursue the compensation you deserve and talk to the experienced legal team at Silkman Law Firm Injury & Accident Lawyer for help. Contact our Phoenix office for a free consultation. 

Posted in Semi-truck Accident | No Comments »

Semi-truck accidents can be devastating, leading to life-altering injuries, significant property damage, and even fatalities. Truck accident victims are often overwhelmed and not sure what to do next. However, there are three semi-truck accident laws that can help you understand your rights after this type of crash. Our Arizona semi-truck accident attorney is also an excellent source of information, and we offer free consultations so you can learn more about your rights.

Hours of Service Regulations

Arizona observes the federal Hours of Service (HOS) regulations that govern commercial truck drivers. These federal regulations, set forth by the Federal Motor Carrier Safety Administration (FMCSA), dictate the maximum hours a truck driver can operate their vehicle within specific timeframes. If a driver violates these regulations or their employer orders them to ignore them, these parties could be held liable in a truck accident lawsuit.  14-Hour Driving Window Commercial truck drivers can drive up to 14 consecutive hours per day. Within this span, they can drive up to 11 hours if they’ve had at least ten straight hours of off-duty time.  11-Hour Drive Time Limit Commercial operators cannot exceed 11 total driving hours within any continuous 14-hour period. Once they’ve reached 11 hours, they must take at least 10 hours off-duty before the 14-hour driving window resets. 30-Minute Break Requirement Commercial vehicle drivers must take a 30-minute off-duty rest break if they drive more than eight consecutive hours following their last off-duty period. This mandatory break can consist of any combination of mealtime, sleeper-berth time, or other off-duty intervals. 60/70-Hour Weekly Limit Commercial drivers may not work beyond 60 hours in a seven-day workweek or 70 hours in an eight-day workweek. To reset their weekly work hours, drivers must take a continuous off-duty break of at least 34 hours.

Trucking Weight Limits 

Exceeding weight limits can lead to compromised vehicle stability, decreased maneuverability, and longer stopping distances. Like many states, Arizona enforces strict weight limits on commercial trucks to mitigate the associated risks of overloading:

• Maximum weight for single-axle vehicles is 20,000 pounds
• Weight limit for tandem axle vehicles is 34,000 pounds
• Maximum weight for vehicles with five or more axles is 80,000 pounds

If trucks exceed this weight limit, it puts everyone on the road at an increased risk of an accident. 

Arizona’s Comparative Fault System for Truck Accidents

It is important to note that in Arizona, an injury victim who is partly to blame for an accident can still seek compensation through a truck accident claim. Arizona’s comparative fault system for truck accidents allows injured parties to seek compensation if they are up to 99 percent at fault for the accident. However, in such a case, the injury victim’s monetary award will be reduced in proportion to their share of responsibility. For instance, a person seeking $100,000 in injuries who is found to be 20 percent to blame for an accident can receive up to $80,000.

How an Attorney Can Help After a Semi-Truck Accident

Semi-truck accident lawsuits are often difficult to navigate without the proper knowledge, training, and resources. Plus, hiring a semi-truck accident lawyer could provide an answer to the common question: what is the average settlement for a semi-truck accident? An experienced truck accident attorney can help by: 

• Compiling and examining evidence
• Determining liability
• Assessing injuries
• Negotiating a settlement

Contact Our Arizona Truck Accident Lawyer Today

If you were hurt in a semi-truck accident, you need effective legal representation to seek compensation. At Silkman Law Firm Injury & Accident Lawyer, we can advocate for your rights and pursue financial relief. Contact us today for a free, no-obligation consultation. 

Posted in Semi-truck Accident | No Comments »

It might feel like time is standing still when you are in pain after a car accident. But if someone’s negligence resulted in your injuries, you have a short time to pursue legal action. Waiting too long could eliminate your chance to seek compensation for medical care, lost wages, pain and suffering, and other losses.

Statute of Limitations

Arizona’s statute of limitations for car accident lawsuits is generally two years. This means you have two years from the accident date to file a lawsuit. However, many personal injury lawsuits begin as insurance claims. It takes time to gather the necessary medical records, receipts, and other documents to file a claim. You must also consider how much time you might spend negotiating to reach a settlement figure. Many insurance companies’ initial offers are lowball amounts to see if they can settle as cheaply as possible.

Engaging a Phoenix personal injury lawyer is your best option for obtaining the total value of your claim.

Exceptions to the Rule

Arizona’s statute of limitations for car accident lawsuits is generally two years, but that’s not always true. If a government entity’s negligence is involved, you only have 180 days from the date of the incident to serve a “notice of claim” before your claim is barred. If the notice of claim in either denied, or the government entity does not respond within 60 days after being served, you then have one year in which to file your lawsuit.

The Arizona Revised Statutes address certain instances when you might have longer than two years to seek legal action:

• Defendant is absent: The defendant flees or is otherwise absent from the state
• Minor plaintiff: Individuals under the age of majority (18)
• Discovery rule: When a reasonable person would not discover the injury right away

Potential Delays in the Legal Process

Arizona court schedules are always busy, pushing your court date further out. Other potential delays might harm your chances of seeking compensation:

• Gathering and examining evidence
• Interviewing witnesses
• Obtaining the other side’s evidence
• Negotiating with the insurance company to avoid going to court

Starting early gives you a buffer against unforeseen delays and gives your Phoenix personal injury attorney enough time to build a strong case.

What To Do Immediately After a Car Accident

Your first step after any car accident is to protect your safety and health. Even if you feel relatively fine, always see a medical practitioner. Some injuries, such as concussions, might not be evident at first but carry severe consequences if left undiagnosed or untreated.

Your other steps after a car crash should include:

• Take photos at the scene.
• Get a copy of the police report.
• Follow your medical provider’s instructions.
• Keep all medical records and bills.
• Avoid posting about the accident on social media.
• Consult our Phoenix car accident lawyer for guidance.

Contact Our Phoenix Car Accident Attorneys Today

If you’ve been in a car accident in Arizona, don’t wait. The clock is ticking, and every moment counts. At Silkman Law Firm Injury & Accident Lawyer, we focus solely on protecting the rights of the injured. We fight for every dollar to help you get back to your pre-accident life. Our Phoenix personal injury firm treats you like a family member with caring, professional service.

Talk to a personal injury attorney about your accident before it’s too late to pursue compensation. Contact the Silkman Law Firm Injury & Accident Lawyer today for a free consultation.

Posted in Car Accident | No Comments »

Did you get hurt in a car crash while riding as a passenger? It’s understandable to feel confused about your legal options in a situation like yours. You don’t need to search for answers on your own. Instead of wondering, “What are my rights as a passenger in a car accident in Arizona?” get answers from an experienced car accident lawyer from Silkman Law Firm Injury and Accident Lawyer. We offer personalized, free consultations for injured people. Contact us today for yours. 

Your Rights as a Passenger in a Car Accident

Typically, passengers have the same rights as the driver after a car accident. That means you may be eligible to seek compensation from whoever caused the crash. Whether the at-fault party was the driver of the car you occupied, another motorist, or another party altogether (e.g., a government agency or defective auto parts manufacturer), you could file a personal injury claim for compensation as a passenger after a collision. But how? In Arizona, all drivers must purchase liability auto insurance. This insurance coverage should pay for injuries resulting from a car accident the driver causes.  Does passenger accident insurance exist for car accidents? Not specifically. However, if the driver of the car you were riding in caused the crash, their insurance policy should cover your bodily injury claims. If the other driver was at fault, you would file a claim with their insurance company.  The circumstances of the car accident play a large role in the avenues open to you for compensation. For example, insurance issues can be complicated in accidents involving rideshare drivers or other commercial vehicles like taxis. A skilled car accident lawyer can identify all potential sources of compensation if you suffered injuries as a passenger.   

Determining Liability in a Car Accident

When a car accident occurs, the insurance company will determine financial responsibility (liability) by conducting an investigation. A party is considered at fault if their recklessness (negligence) causes a crash. Examples of negligence include: 

• Running a red light or stop sign

• Speeding
• Following too closely
• Failing to yield the right-of-way
• Distracted driving
• Driving under the influence of drugs or alcohol
• Racing

The Process of Pursuing a Personal Injury Claim

Here’s what to do if you’re injured in a car accident as a passenger: 

• Call 911 to bring police and paramedics to the accident scene. 
• Gather evidence at the crash site, such as photos, videos, witness contact information, and insurance information for all drivers involved.
• Seek medical attention for your injuries promptly if you didn’t need emergency care. 

• Provide minimal information to the insurance company about the crash. Limit your report to the accident’s date, location, and the parties involved. Do not discuss injuries or make a recorded statement without seeking legal advice. 
• Consult a car accident attorney for help determining liability and filing a personal injury claim or lawsuit. 

Factors Affecting Your Compensation

Many factors impact the amount of compensation passengers receive in auto accident claims, including:

• The severity of the injuries
• The victim’s age
• The amount of all losses, including medical bills, lost wages, lost earning capacity, etc.
• Whether fault is in dispute
• The long-term impact of the injuries 

Why Choose Silkman Law Injury & Accident Lawyer?

The legal team at Silkman Law Firm Injury & Accident Lawyer focuses exclusively on personal injury cases. You can count on us to have the in-depth knowledge and experience to provide exceptional, strategic legal services that stand up to the toughest challenges from the insurance company.  Contact us today for a free consultation.

Posted in Car Accident | No Comments »