Many accidents leave more than just physical scars. Emotional injuries can be equally as debilitating as any bodily wound. If you’re struggling with this kind of invisible trauma, you might wonder whether you can hold another party responsible for your emotional distress in a personal injury lawsuit. The good news is that you may be able to sue for emotional distress if another party is responsible for the accident. However, proving that you’re entitled to compensation for emotional distress is not simple. Here’s what you should know about suing for emotional distress after an Arizona accident.

What is Emotional Distress and What Does it Look Like?

Emotional distress is the mental or psychological anguish someone experiences following a traumatic incident like a car accident. It can manifest in many ways, including appearing as acute anxiety, depression, post-traumatic stress disorder (PTSD), insomnia, and recurring nightmares. Many accident survivors suffering from emotional distress also experience a general decrease in their overall enjoyment of life, quality of personal relationships, and ability to maintain regular work routines. These consequences can infiltrate nearly every aspect of a person’s life and have profound implications for their future.

What is the Difference Between Physical and Emotional Distress Claims?

Physical distress claims pertain to pain from tangible injuries, such as broken bones, burns, or other visible or measurable physical harm. These claims are typically easier to prove since you can tie them directly to medical bills or therapy costs. In contrast, emotional distress claims address the intangible psychological harm an accident can inflict. Symptoms of emotional distress like anxiety and depression are harder to quantify and prove, often requiring specialized types of evidence.

Do I Need to Prove I Have a Physical Injury to Get Compensation for Emotional Distress?

It’s not strictly necessary to have a physical injury to obtain compensation for emotional distress. Nonetheless, a physical injury often strengthens the credibility of an emotional distress claim as it provides a logical link between the accident and resulting emotional trauma. Emotional distress claims primarily rely on evidence of significant psychological suffering, and demonstrating the necessary level of distress effectively without the context of a physical injury case becomes more challenging.

What Kinds of Evidence Can You Use to Prove Emotional Distress?

To prove emotional distress, a personal injury attorney can identify and present evidence demonstrating your psychological suffering. This could include therapy records, testimony from psychiatrists or counselors, journal entries tracking your mental health, or even testimony from loved ones who’ve observed changes in your behavior or mood. Direct evidence of the traumatic event, such as accident reports or eyewitness testimonies, could also serve as compelling evidence.

How Do You File a Lawsuit for Emotional Distress?

Suing for emotional distress in Arizona includes gathering proof of your distress, preparing a solid case demonstrating your suffering to the insurance company or court, and meeting various legal deadlines. At Silkman Law Firm Injury & Accident Lawyer, we can shoulder this burden for you. We offer compassionate legal assistance as we pursue the meaningful results you deserve.

Contact an Emotional Distress Lawsuit Attorney in Arizona

Can you sue for emotional distress in Arizona? The best way to learn your options is to ask an experienced attorney. Silkman Law Firm Injury & Accident Lawyer can help. Start your journey toward emotional and financial recovery today. Contact us now for a free consultation.

Posted in Personal Injury Law | No Comments »

Just like other road users, motorcyclists must follow the rules of the road or face potential legal consequences. One rule that clients frequently ask about is Arizona’s lane-splitting law. Understanding the legality of lane splitting is important to avoid legal trouble when cruising on Arizona roads. The legal team at the Silkman Law Firm can clear up any doubts you may have in a free, no-obligation consultation. Read on to learn more about lane splitting in Arizona.

Arizona Motorcycle Accident Statistics

Motorcycle wrecks account for a small percentage of all auto accidents in Arizona. However, as most motorcyclists know, their near-complete exposure to the full force of a collision leaves riders extremely vulnerable to catastrophic injuries when accidents do occur. According to the Arizona Department of Transportation (ADOT), motorcycle accidents accounted for 2,317 crashes statewide in one recent year alone. These crashes resulted in 160 fatalities and 1,921 reported injuries.

What is Lane Splitting?

Lane splitting occurs when motorcyclists squeeze in between the lanes of stopped or slowed traffic. The maneuver is also sometimes referred to as “white lining” or “stripe riding.” In general, the purpose of lane splitting is to save time and bypass congested traffic. Proponents of lane splitting also argue that it allows vulnerable motorcyclists to move away from hazardous road conditions more quickly.

Is Lane Splitting Legal?

No. Under current Arizona law, lane splitting is prohibited in the state. In fact, of all the fifty states, only California expressly condones lane splitting in its traffic laws. Though some lawmakers have proposed changing this prohibition in recent years, it remains in place. That said, the governing statute makes clear that motorcyclists may ride “two abreast in a single lane.”

Lane Filtering vs. Lane Splitting

While lane splitting is still illegal in Arizona, lane filtering is not. Lane filtering involves riding a motorcycle between stopped vehicles to the front of the line, according to the American Motorcyclist Association. If a street has at least two adjacent lanes in the same direction of travel and a speed limit of 45 mph or lower, a motorcyclist can move between stopped vehicles up to the entrance of an intersection under Arizona law.

What Should I Do After a Motorcycle Accident in Arizona?

Being involved in a motorcycle accident can be very stressful. Involved riders are often left with debilitating injuries and mounting medical bills. In many cases, motorcycle accidents are fatal. Take the following steps if you are involved in a motorcycle wreck:

1. Safety First – Your safety should be your top priority. If you can, move away from the scene of the accident to avoid further harm.
2. Seek Immediate Medical Attention – Regardless of whether you think you have been seriously hurt, it is important to consult with a medical professional. Some injuries may not be immediately apparent.
3. Contact Law Enforcement – It is also important to report the accident to the police. The responding officers will create an accident report which can turn into significant evidence in any potential insurance or legal disputes.
4. Gather Information – If possible, collect as much information as you can from the scene. This includes the other driver’s information (name, contact information, and insurance details), photos of the scene and your injuries, and contact information of any witnesses.
5. Document Everything – Keep a record of all your medical treatments, prescriptions, and any other expenses related to the accident. Also, start a journal detailing how your injuries impact your day-to-day life.
6. Do Not Discuss the Accident Publicly – Avoid discussing the accident details publicly or on social media platforms. Anything you say could potentially be used against you later on.
7. Contact a Personal Injury Attorney – Hire a personal injury attorney, particularly one who specializes in motorcycle accidents. They can make sure you know your rights and help you navigate the complex legal process of securing compensation.

Silkman Law Firm Injury & Accident Lawyer Is Here to Help

Motorcycle accidents tend to result in very serious and sometimes fatal injuries. The legal team at Silkman Law Firm Injury & Accident Lawyer is dedicated to helping injury victims throughout Arizona secure the full and fair compensation they deserve. Contact us today to learn how we can help you in a free consultation.  

Posted in Motorcycle Accident | No Comments »

Many states and cities have laws against crossing streets outside of designated crosswalks, while traffic controls instruct pedestrians to wait before crossing, or in situations where they should yield to oncoming traffic. This kind of behavior is colloquially known as “jaywalking.” And though Arizona law does not specifically make use of this term, it does prohibit pedestrians from crossing the street in certain scenarios in which it is deemed unsafe to do so. If you are facing legal trouble involving jaywalking, the Silkman Law Firm is standing by to help. Call us at (606) 560-5178 or reach out to us online to schedule your free, confidential consultation with an experienced member of our team. Read on for a brief introduction to jaywalking regulations in Arizona.

Pedestrian Accident Statistics

According to the Centers for Disease Control and Prevention (CDC), more than 7,000 pedestrians died in motor vehicle crashes nationwide in one recent year. This translates to approximately one pedestrian death every 75 minutes. The CDC further reports an estimated 104,000 emergency department visits to treat non-fatal pedestrian injuries in that same year. Though not all of these incidents involved jaywalking, pedestrians should nonetheless take care to cross the street when and where it is safe to do so.

Jaywalking Laws in Arizona

Again, the state code does not specifically use the term “jaywalking.” However, Arizona law does require that pedestrians follow certain rules when crossing the road. The governing statute provides as follows:

• A pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles on the roadway.
• A pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles on the roadway.
• Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.

Can I File a Pedestrian Accident Claim If I Was Jaywalking?

Absolutely. If a pedestrian is injured in an auto accident, they can certainly file a claim seeking compensation from the at-fault party. However, their right to compensation may be impacted depending on how much the pedestrian contributed to the cause of the accident. Many states allow injury victims to sue for compensation only if they were less than 50 percent responsible for the underlying accident. A small minority of states also bar would-be plaintiffs from pursuing compensation if they contributed even slightly. Fortunately, Arizona falls into neither camp. Instead, pedestrians in the state are allowed to pursue compensation even if they are 99 percent responsible for the underlying cause of an accident. However, their total compensation will be reduced proportionately to their degree of fault. For example, let’s say that your injuries in a pedestrian accident are worth $100,000. However, the jury in your case finds that you were 25 percent responsible. In this scenario, your damages would be reduced proportionately to $75,000. If you believe you may be partially at fault for your pedestrian accident, the best way to reduce or eliminate the risk of losing money in your claim is by working with an experienced jaywalking accident attorney.

Consult With Our Experienced Pedestrian Accident Lawyers

Jaywalking accidents can be particularly devastating because, unlike riders in an enclosed vehicle, pedestrians have nothing to shield them from the full impact of an oncoming vehicle. If you have been injured in this kind of accident, do not wait to consult with an attorney. The Silkman Law Firm is standing by to make sure you know your rights and help you down the path toward full and fair compensation. Call us at (606) 560-5178 or reach out to us online to schedule your free, confidential consultation.

Posted in Pedestrian Accident | No Comments »

A truck driver was killed in an accident on I-10 near Tucson recently when his tractor-trailer overturned. In the rollover, nitric acid spilled onto the roadway and released red and yellow vapor into the air. Authorities identified the victim as Ricky Immel, 54. The wreck triggered the evacuation and shelter-in-place orders due to the hazardous nitric acid. Authorities closed the freeway. They also ordered residents within a half-mile of the crash to leave their homes and those within one mile to shelter in place. The deadly truck accident occurred in mid-February. Winter weather conditions delayed cleanup efforts for two days. State troopers say they tested the air near the site soon after the wreck and determined it was free of nitric acid.

Common Injuries After a Truck Accident Involving Hazardous Materials

Thankfully, no one else appears to have been injured by the recent HAZMAT truck accident in Tucson. Traffic wrecks involving large semis carrying hazardous loads have the potential to cause devastating truck crash injuries, such as:

• Burns from exposure to caustic, reactive, or flammable chemicals
• Respiratory problems from inhalation of toxic fumes
• Traumatic injuries from the impact with the truck itself
• Physical injuries from contact with flying debris or shattered glass
• Infections and diseases, depending on the nature of the hazardous cargo

Long-Term Consequences After an Accident with HAZMAT

The long-term consequences of a HAZMAT truck accident vary depending on the severity of the crash, the types of hazardous materials involved, and a victim’s exposure to the materials. Possible long-term health consequences include:

• Increased risk of certain cancers and other diseases
• Chronic respiratory problems like chronic obstructive pulmonary disease (COPD)
• Neurological problems like chronic headaches, seizures, and neuropathy
• Reproductive issues like infertility and a higher risk of birth defects or miscarriage
• Immune system damage, increasing the risk of infections and diseases
• Psychological injuries such as depression or post-traumatic stress disorder (PTSD)

Compensation for HAZMAT Truck Accident Injuries

If the truck driver, the trucking company, or someone else caused the accident, they could owe you compensation for the harm you suffered. A successful insurance claim or lawsuit against the liable parties could provide you with money for:

• Past and future medical expenses
• Lost income
• Reduced earning potential
• Pain and suffering
• Lower quality of life
• Property damage

Discuss your case with a HAZMAT truck accident lawyer today to learn more about your options.

Contact Our Arizona Semi-Truck Accident Attorneys for Help

Were you or a loved one hurt in a HAZMAT truck accident in Arizona? Then don’t wait to reach out to Silkman Law Firm Injury & Accident Lawyer. You deserve full compensation for the injuries, expenses, and other losses you suffered – and you may have several options for pursuing it. Our team can identify all possible sources of recovery, investigate the circumstances of the truck accident, and demand the money you need to be made whole. Contact us today to learn more about your legal options in a free initial case review with our Arizona truck accident attorneys.

Posted in News | No Comments »

If another person’s negligence injured you, Arizona law entitles you to seek compensation for your accident-related injuries and losses. In legal terms, the compensation you’ll get for these losses is called “damages.” In personal injury lawsuits, courts may award the injured party compensatory damages. This money compensates injured people for their economic and non-economic losses. In rare cases, courts may also award punitive damages – which are meant to punish the defendant. These damages are only awarded when the at-fault party’s conduct was malicious or especially reckless. Economic damages compensate you for losses that have a specific cost. These damages are easy to prove since records, like bills or receipts, are available as direct evidence of your loss. Economic losses include medical expenses and lost wages. So what are non-economic damages?

Definition of Non-Economic Damages

Non-economic damages compensate you for the effects of your injury that are non-monetary and intangible. While economic losses are verifiable and objective, non-economic losses are subjective and more difficult to prove. Because non-economic damages are more difficult to prove, the amount of non-economic damages you may be awarded in any injury case depends heavily on just how much your day-to-day life is impacted by your injuries and what sort of evidence or witnesses can be gathered to help provide proof of the losses you have suffered.

Examples of Non-Economic Damages

You could recover many types of non-economic damages in a personal injury claim. Non-economic damages are awarded in all types of personal injury cases. You could recover these damages if you suffered an injury in a car, motorcycle, truck, or slip and fall accident. Non-economic damages are also recoverable in wrongful death cases. Non-economic damages include:

• Pain and suffering
• Inconvenience
• Emotional distress
• Loss of enjoyment of life
• Loss of companionship and society
• Loss of consortium
• Mental anguish
• Disability, scarring, or disfigurement

How Are Non-Economic Damages Calculated?

Calculating the fair and reasonable value of your non-economic losses in a personal injury case is challenging. Insurance carriers don’t want to pay more money than they must and will likely challenge any demand you make for non-economic losses. An attorney experienced in dealing with insurance companies and skilled in presenting evidence of non-economic losses is crucial to your successful personal injury claim. So how do you calculate non-economic losses since they are difficult to measure and verify? One method of calculating non-economic losses, primarily in situations where the injuries are less severe and your day-to-day life is not impacted for very long, is to apply a multiplier to the number of your economic losses. For example, take your economic damages and multiply them by a factor of 1.5 – 2.5 to come up with a value for your non-economic losses. An alternative way to calculate your non-economic losses is the per diem method. An amount would be selected based on the severity of your injuries and multiplied by the number of days it took you to recover. Ultimately though, no two injury cases are ever perfectly alike, and an appropriate measure of non-economic damages needs to be done on a case-by-case basis. Consulting an experienced personal injury attorney is important to help determine what an appropriate amount of non-economic damages may be for your specific case.

Contact an Experienced Personal Injury Attorney in Phoenix, AZ Today

If you have suffered substantial non-economic losses due to another person’s negligence in Phoenix, Silkman Law Firm Injury & Accident Lawyer has the knowledge and experience to build a solid case on your behalf. Our firm works with an extensive network of legal and non-legal professionals to cover every issue in your case and pursue the full and fair compensation you deserve. To learn more, contact Silkman Law Firm Injury & Accident Lawyer today for a free consultation.

Posted in Personal Injury Law | No Comments »

If you have suffered an injury from an accident or incident that was someone else’s fault, you may be entitled to compensation from the person who hurt you. From the moment you are injured, collecting evidence is vital to proving another party is responsible for the harm you experienced. The personal injury lawyers of Silkman Law Firm Injury & Accident Lawyer are here to explain why you need proof of your injury, what evidence is essential, and how an experienced personal injury lawyer could help you. To learn more, contact our office today for a free case review.

Do You Need Proof for a Personal Injury Claim?

To secure compensation for your injuries, you must prove that another party is responsible for them. In most cases, this involves establishing the circumstances of the incident, how you became injured as a result, and how that other party contributed to those circumstances. Proving each of these elements requires collecting and preserving evidence such as medical records, eyewitness statements, pictures of the accident scene, and other documentation showing liability. Without this evidence, your claim could be denied or you may not receive the full compensation you deserve.

What Evidence Is Needed for a Personal Injury Claim in Phoenix?

The types of evidence commonly needed for a personal injury claim include the following:

• Photos – Pictures of the accident scene and your injuries can be invaluable to proving the other party is at fault. You should take pictures of the scene where your injury occurred as soon as possible.
• Witnesses – Witnesses who saw what happened can provide valuable testimony about how the accident occurred and who was at fault. Be sure to get their contact information so your attorney can follow up with them.
• Medical records– All medical records related to your injury should be preserved, including hospital stays, doctor’s visits, physical therapy appointments, and diagnostic tests. These records will demonstrate the severity of your injury and how much you could be owed in compensation.
• Police report – A police report could help prove fault and provide other information, such as whether anyone was cited or arrested.

How to Preserve Evidence After an Accident

If you have been involved in an accident, preserving evidence related to your personal injury claim is essential. You can do so by:

• Taking photographs of the scene immediately
• Getting the contact information of others involved and any witnesses
• Requesting a copy of the police report
• Keeping all medical records of your injury

Collecting all of this evidence can be overwhelming and time-consuming, especially when dealing with a serious injury. Fortunately, a qualified personal injury lawyer can handle the bulk of these efforts on your behalf.

How a Phoenix Personal Injury Lawyer Can Help You Collect Evidence

An experienced personal injury attorney is a critical ally as you seek to build your case for compensation. Not only do they know precisely what evidence could build a strong case, but they also have access to resources that can help them gather and preserve it. If you were injured in Phoenix, contact Silkman Law Firm Injury & Accident Lawyer today for a free legal case review.

Posted in Personal Injury Law | No Comments »

Car accidents can be incredibly devastating and even life-altering events, with the potential to cause physical and psychological trauma that can last long after the accident itself. One common but often underappreciated injury is nerve damage or pinched nerves. If you’ve been injured in a car accident due to another driver’s negligence and are experiencing nerve damage, you may be entitled to compensation. Contact the Phoenix accident attorneys at Silkman Law Firm Injury & Accident Lawyer for more information.

Causes of Nerve Damage After a Car Accident

Nerve damage is a type of injury caused by pressure or stretching of the nerve fibers and can cause extreme pain, numbness, tingling, and even paralysis in some cases. Even someone who isn’t directly struck by a piece of the vehicle or another object can suffer trauma from a rapid change in acceleration or deceleration – a type of injury called whiplash. The most common type of nerve damage caused by car accidents is peripheral neuropathy, which affects the arms and legs. It is essential to get checked out after any car accident, no matter how minor your injuries may seem at the time, because even low-impact crashes can result in long-term nerve damage if the underlying injury isn’t treated immediately.

Symptoms of Nerve Damage After a Car Accident

Common symptoms of nerve damage after a car accident include: pain, numbness, tingling sensations, muscle weakness or paralysis, loss of balance, and sensitivity to touch. If you suspect that you may have nerve damage after a car accident, it’s essential to seek medical attention as soon as possible. Prompt diagnosis and treatment can help to reduce further injury and improve overall recovery time. Be sure to discuss all of your symptoms with your doctor so they can assess the extent of your injury and recommend appropriate treatments.

What Damages Can I Recover from a Nerve Damage Claim?

If you have experienced nerve damage as a result of a car accident, you may be entitled to financial compensation for any harm associated with your injuries. Some damages commonly recovered from a nerve damage claim include medical expenses, lost wages, pain and suffering, and mental anguish. In order to determine if you have a valid claim, you should contact an experienced personal injury lawyer who can help you understand the legal aspects of your case and explain what damages you may be able to pursue.

Talk to Our Personal Injury Lawyers at Silkman Law Firm Injury & Accident Lawyer

At Silkman Law Firm Injury & Accident Lawyer, we understand the physical and emotional challenges that come with nerve damage caused by a car accident. We firmly believe that no one should have to pay the price for an accident that was not their fault. Our legal team wants to help you demand the money you need for your medical bills, lost income, and pain and suffering. Contact us today for a free consultation with our Phoenix-area car accident lawyer and find out what we can do for you.

Posted in Car Accident, Personal Injury Law | No Comments »

Parking lots are the sites of many accidents. When only motor vehicles are involved, the results are often minor fender benders. But the results can be devastating when a 3,000-pound car hits an unprotected pedestrian. Even being hit at a low speed can lead to debilitating injuries and significant medical bills. Many of these pedestrian accidents in parking lots are caused by negligent drivers. If you were hit and injured by a motorist while walking through a parking lot, you could seek compensation from them through a personal injury lawsuit.

Common Causes of Pedestrian Accidents in Parking Lots

There are several common ways that pedestrians may be hit by a car in parking lots, including:

• Driving while distracted— Texting, talking on the phone, adjusting the radio, eating and drinking, and daydreaming are all examples of driving distractions. If a motorist is distracted, they may not notice a nearby pedestrian before it is too late.
• Focusing on finding a place to park— Drivers can be so focused on finding a parking spot that they become oblivious to their surroundings — including vulnerable pedestrians.
• Backing out of a parking spot without looking for pedestrians— Pedestrians often pass directly behind parked vehicles when in parking lots. A motorist who backs out without first ensuring there aren’t any pedestrians in their blind spots could cause a collision.
• Pedestrian negligence— Occasionally, pedestrians can be partly responsible for parking lot accidents. For instance, a pedestrian may be distracted by their cell phone or not using walkways when available.

What to Do If You’ve Been Injured in a Parking Lot Pedestrian Accident

Taking as many of these steps as possible can help build your claim for compensation after a parking lot accident:

• Get the driver’s contact details —Don’t speculate about the accident, apologize, or admit fault. You only need to get the driver’s name, phone number, insurance provider and policy number, driver’s license number, and license plate number.
• Gather evidence — Take photos and videos of your injuries, the vehicle that hit you, the accident scene, and other relevant evidence. Visual evidence can significantly strengthen your case against the at-fault driver.
• Get information from eyewitnesses — Talk to any bystanders who witnessed the accident and ask for their contact details. They could provide testimony that supports your case.
• Report the accident to law enforcement —Unless there are significant injuries involved, often law enforcement will not come to the scene of an accident if it occurred in a private parking lot. This makes the information that you gather yourself all the more important. However, it is still always a good idea to report the crash to police officers. They may still prepare a report or at least make a record of where and when an accident occurred, which could help you obtain a settlement from the at-fault motorist’s insurance company.
• See a doctor — Seek medical attention right away, even if you don’t think you were severely injured. Some injuries don’t show symptoms immediately. You should never assume that you don’t need medical care.
• Contact a lawyer — You should speak with a skilled Phoenix pedestrian accident lawyer as soon as possible.

Injured in a Parking Lot in Arizona? Talk to Our Experienced Personal Injury Attorneys in Phoenix, AZ Today

If you were hit by a car in a parking lot, you have a legal right to pursue compensation from the motorist who hit you. At Silkman Law Firm Injury & Accident Lawyer, our Phoenix pedestrian accident lawyers can help you hold the at-fault driver accountable for your injuries and losses after a collision in a parking lot. Contact us today for a free consultation.

Posted in Pedestrian Accident | No Comments »

Too many personal injury claimants have lost out on the compensation they deserved by making posts on social media that an insurance company used to contradict their claims or attack their credibility. While you may think you’re posting something innocent, the insurance company can still find a way to twist it. To learn more about how you can avoid hurting your personal injury claim on social media, contact Silkman Law Firm Injury & Accident Lawyer for a free consultation.

How Social Media Can Hurt Your Personal Injury Case

Any of the following online actions could derail your case for compensation:

• Posting specific details about the accident or your injuries — When posting on social media, you may unintentionally contradict statements you have made in your official claim. The information you post can hurt your case by giving the insurance company a reason to deny your claim or reduce the compensation they offer you. Posting inconsistent statements on social media can also damage your credibility if your case goes to court.
• Making negative comments about the insurance company or opposing party — Making comments about the party at fault for the accident or the insurance company might leave the jury to assume you are being vindictive rather than simply pursuing the compensation you need to put your life back together.
• Revealing the extent of your physical abilities and limitations — Do not post photos of yourself doing anything that could undercut the claims you’ve made about your injuries. For example, an insurance company could use a photo of you out with friends to suggest that you are not as hurt as you claim.

What Not to Put on Social Media During a Personal Injury Case

Things to avoid putting on social media during your injury case include:

• Photos or videos of yourself
• Location check-ins, which may suggest you are doing activities like exercise or sports
• Details about the accident or injuries you have suffered
• Updates on the progress of your claim
• Any angry or critical comments about the insurance company or any at-fault parties

You should not accept connection or friend requests from anyone you do not know during your injury claim. They may come from an insurance representative who wants access to your social media timeline. You should also set your profile to private. However, this does not fully protect you. Insurance companies may instead send connection requests to your friends and family to gain limited access to your social media posts.

Can a Court Order You to Show Your Social Media Activity?

The insurance company may request a court order requiring you to turn over a copy of your social media timeline if it has evidence that your posts contradict your claims. Any information you post may be damaging to your case or favorable to the insurance company or defendant. Because a court may order you to produce a copy of your social media activity, you should not delete or alter any posts on your accounts. Editing your social media may be considered destroying evidence.

Contact a Personal Injury Lawyer in Arizona for Help

Contact Silkman Law Firm Injury & Accident Lawyer today for a free, no-obligation consultation with a personal injury lawyer in Arizona. Our firm can explain the risks social media poses to your injury case and discuss how to pursue the compensation you need.

Posted in Personal Injury Law | No Comments »

Have you been in an Arizona car accident while on the job? If so, you likely have questions about who will cover your repair expenses or medical bills. Silkman Law Firm Injury & Accident Lawyer is here to help determine who could be liable when on-the-clock employees are involved in traffic collisions.

When Is My Employer Responsible for Damage to My Vehicle?

An employer’s responsibility for a car crash involving one of its employees varies depending on the circumstances. Your employer is generally only liable for what happens when you are on the clock and actively engaged in work-related activities. Your employer might be liable for damage to your vehicle if you crashed while driving:

• A delivery truck, which you use exclusively to make deliveries for the company
• A rental car for a work-related trip to another city
• A company car at any given time or location
• From one off-site work location to another

When Is My Employer Not Liable for Damage?

In most circumstances, your employer will not be responsible for vehicle damage from accidents. You may be on the hook for your repair expenses in the following scenarios:

• You were supposed to be at work but were driving for reasons unrelated to work when you crashed.
• You crashed because you were driving while intoxicated or engaged in another behavior that violates your employer’s policies.
• You were driving for work-related purposes but had left your intended route to run a personal errand at the time of the crash.

What Other Parties May Be Liable for an On-the-Clock Car Wreck?

One or several parties that are not your employer may be liable in a car accident that occurs while you are on the clock, including:

• Other road users – Another road user, such as a motorist or pedestrian, may be liable if their actions caused the wreck.
• Vehicle manufacturers – A vehicle manufacturer may be responsible if its poor product design led to a mechanical failure that contributed to the accident.
• Vehicle mechanics – You may also be able to hold a mechanic or repair shop responsible if it failed to properly inspect or fix faulty car parts that caused the accident.
• Local governments – A local government agency might be liable if poor road conditions or missing road signs led to the accident.

What If I’m an Independent Contractor?

If you are an independent contractor, you are effectively self-employed. You have no employer to hold liable for damage to your vehicle, even if you were paid to work for someone when the accident occurred. However, you could hold a client or other party responsible for crash damage if they were somehow responsible for the collision. You could also seek compensation from a property owner if the crash occurred on their premises due to their negligence.

Get Help for a Car Accident That Happened While You Were on the Clock

If you were involved in an accident while driving a personal or company vehicle for work, contact Silkman Law Firm Injury & Accident Lawyer. We can address your concerns and review your case for free when you contact us for your initial consultation session.

Posted in Car Accident | No Comments »