During National Safety Month, Silkman Law Firm Injury & Accident Lawyer wants to help keep you and your loved ones safe. We’re not just just dedicated to helping individuals after they’ve suffered an injury. We want to provide you with information about the safety hazards you encounter daily and how you can prevent them.

Auto Accidents and Distracted Driving

Nearly 20-50 million people are injured or disabled due to auto accidents. It’s estimated that seatbelts save over 13,000 lives every year. Additionally, the most recent reports from the Department of Transportation state that in 2015, 3,477 people died and 391,000 were injured in motor vehicle crashes caused by distracted drivers who were either texting or using their cell phones. Put the cell phones down while driving, it can wait.

Motorcycle Accidents

According to the U.S. National Highway Traffic Safety Administration, motorcycles have a higher fatality rate per unit of distance traveled compared to automobiles. Helmets saved an estimated 1,859 lives in 2016.

Slip and Fall Accidents

Falls are the third highest cause of unintentional death. Commercial establishments are responsible for using wet floor signs and keeping their property safe from defects and dangerous conditions that could cause injuries.

Semi-Truck Accidents

In 2016, 3,986 people died in large truck crashes, many due to truck driver fatigue. Most semi-trucks have black box recorders which record crash information.

Bicycle Accidents

722 bicyclist deaths occurred in 2012. Helmet use in bicycle accidents is estimated to reduce the odds of head injury by 50% and neck or face injury by 33%. Therefore, it is important for bicyclists to wear helmets while riding to help protect themselves from potentially fatal head and neck injuries in the event of an accident. Helmets can significantly increase the chances of surviving a bicycle accident and reduce the severity of injuries sustained.

Dog Bites

Dog bites send 368,000 victims to emergency rooms per year. In Arizona, dogs are never permitted to go at large.

Boat Accidents

In 2015, the Coast Guard counted approximately $42 million dollars of damage to property because of recreational boating accidents. Alcohol use is a leading contributing factor to fatal boating accidents. Have you or a loved one been wrongly injured? At Silkman Law Firm Injury & Accident Lawyer, we fight for those who have been personally injured or even suffered a wrongful death every day. We believe you or your loved one deserves justice. Contact us for a free consultation.

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No one ever wants to be in any sort of car, motorcycle, or bicycle crash, but if you are, ideally the at-fault driver carries an adequate amount of liability insurance coverage. They cover your expenses, and you don’t pay a dime. Research shows though that 20% of Arizona drivers are uninsured. That’s a 1 in 5 chance of getting into an accident with someone with no insurance. In that case, what do you do?

Uninsured Coverage

You have the right to add uninsured coverage to your own car insurance policy. This coverage can be used when the at-fault driver doesn’t have any liability coverage, or in unique situations where their auto policy does not cover them even though they were at fault for causing the crash. Uninsured coverage can even be used in hit-and-run situations where you are not sure who the at-fault driver was. When you use your uninsured coverage, it covers the same sorts of expenses you would expect the at-fault driver to cover, such as your medical expenses, lost wages, and pain and suffering.

Filing a Lawsuit

Unless you live in a no-fault car insurance state, you have the option of filing a lawsuit against the at-fault driver. Arizona is not a no-fault car insurance state. Individuals who attempt to file a lawsuit without an attorney often find themselves at the end of a losing battle. Most people who aren’t insured don’t have much in the way of assets, and there’s no guarantee you’ll be able to collect any money. This is why carrying uninsured coverage as part of your own automobile policy is so important.

Hiring an Attorney

If you’ve been in a serious accident with an uninsured driver seek an attorney immediately. A good lawyer can obtain necessary evidence related to the collision and your damages, evidence that you may not even know you need. A good injury lawyer will be able to properly negotiate a possible settlement for you. They understand the worth of the case, and how much it will take to fully compensate you for your damages.

What to Do

Have you been seriously injured in an auto accident involving an uninsured driver? Contact Silkman Law Firm Injury & Accident Lawyer today. We understand your case and will pursue every option available to you so you’re compensated for your losses. Contact us for a free consultation today.

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Approximately 75 million riders use Uber, and 23 million riders use Lyft. These ridesharing services are convenient, but can cause complications regarding accidents. If your Uber driver gets into a car crash, who’s to blame? If you’re injured by a Lyft driver, can you file a claim? Here’s what you need to know about ridesharing and personal injury.

Insurance

Both Uber and Lyft have coverage to ensure the protection of passengers. If you’re injured in a ridesharing service, you may not be able to file a claim against your driver’s personal policy. Personal auto insurance companies can deny injury claims if they become aware the driver was graining profit from a driving service and did not carry applicable coverages. Therefore, Uber and Lyft cover injury damages for their passengers up to $1 million, even if the driver is uninsured. If an Uber or Lyft driver gets into an accident while on duty but while awaiting a pick up request, and does not have passengers, the insurance typically covers at least:

• $50,000 per person for bodily injury
• $100,000 per accident total for bodily injury
• $25,000 per accident for property damage

Scenarios:

Passenger Injury

In this scenario, the ridesharing service should cover up to $1 million if your rideshare driver is at fault for causing the collision, or if your driver is not at fault but the at-fault driver is either uninsured or did not carry enough insurance to compensate you for your damages. If your injuries exceed $1 million, that’s when it gets complicated and an in-depth investigation of all possible insurance policies needs to take place.

Bystander Injury

An investigation needs to take place to determine if the rideshare driver was on duty and awaiting a pick up request, in route to a pick up request, or had already accepted a pick up request. These facts determine to what amount of coverage Uber/Lyft may be responsible for versus the rideshare driver’s own personal policy. If the driver is off duty, the accident should be treated as any other car wreck and your claim would be made against the rideshare driver’s personal policy.

What to Do

Claims involving rideshare drivers can be very complex. If you were injured while using Uber or Lyft or by a rideshare service driver, it’s important to contact a personal injury lawyer as soon as possible. Silkman Law Firm Injury & Accident Lawyer is not afraid to take on big insurance companies and fight for your right to seek compensation. Contact us today for a free consultation.

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It’s important for both dog owners and victims of dog bites to be informed on dog leash laws in Arizona. Dog owners must ensure the public’s safety, no matter how harmless they believe their dogs are.  

Phoenix City Code 8-14

Laws

• Dogs are NEVER permitted to go at large (at large meaning not in captivity or confinement).
• Dogs older than 3 months must wear a collar or harness with a valid license tag when off the owner’s property.
• No person in charge of any dog shall permit such dog in a public park or upon any public school property unless they are physically restrained by a leash, enclosed in a car, cage, or similar enclosure
• In a rabies quarantine area, no dogs shall be permitted at large. Each dog shall be confined within an enclosure on the owner’s property, secured so that the dog is confined entirely to the owner’s property, or on a leash not to exceed six feet in length and directly under the owner’s control when not on the owner’s property.

Exceptions

• Dogs that are used for the control of livestock, being used or trained for hunting, being exhibited or trained at a kennel club event or engaged in races approved by the Arizona racing commission, and or being transported to and from such events, need not wear a collar or harness with a valid license attached provided that they are properly vaccinated, licensed and controlled.
• Dogs are permitted in public parks and school property without restraint if they are being exhibited or trained at a recognized kennel club, public school, or park sponsored event.

Penalties

The penalties for disobeying dog leash laws depend on how often the dog owner offends. They can vary from:

• Misdemeanor charge(s)
• $250 – $5,000 charge
• 5 day imprisonment

If you’ve been a victim of a dog bite, you every right to contact an attorney. At Silkman Law Firm Injury & Accident Lawyer, we’re more than prepared to face the dog owner’s insurance head on and get you the recovery you deserve. Contact us today for a free consultation.

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There’s an object in most semi-trucks called a black box recorder. Its official name is electronic control module (ECM) or event data recorder (EDR). They’re devices installed in motor vehicles to record technical vehicle and occupant information for a brief period of time before, during, and after a crash. According to the National Highway Traffic Safety Administration, black boxes can record the following:

• Pre-crash vehicle dynamics and system status
• Driver inputs
• Vehicle crash signature
• Restraint usage/deployment status
• Post-crash data such as the activation of an automatic collision notification (ACN) system

Black Box’s Vital Information

Regarding semi-truck accidents, the information inside a black box recorder can be used as evidence in court against the driver. They can keep track of the following data:

• GPS coordinate location
• Average speed
• Speed at time of accident
• Acceleration rate
• Hard braking and sudden stops
• Cruise control usage
• Seat belt usage
• Length of time driving and distance
• Driver identification

The data can also be used to recreate the accident with computer animation software.

Preserving Data

The driver and trucking company are not legally required to share this information with an accident victim. They fight hard against turning over black box recordings if they have proof the driver is liable. The company is required to give this information to law enforcement, though. Trucking companies may overwrite or delete information from the black box recording (intentionally or by accident). Restarting the engine or driving the truck after the accident can clear black box data.

During and After an Accident

It’s crucial for semi-truck accident victims to ask if black box data can be preserved at the scene and to request the truck be towed rather than driven away. Many black box recorders can only save data for thirty days or less. Ensuring the data is saved is crucial, and that may involve a protective order and subpoena. If you or a loved one has been in a semi-truck accident, act now. Contact the personal injury lawyers at Silkman Law Firm Injury & Accident Lawyer today.

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The news of a loved one passing is devastating. Discovering that their death could have been prevented– crushing. When a family uncovers the evidence of their loved one’s wrongful death, they are often flooded with emotions: heartache, anger, confusion, and helplessness. The end of a life often rings as a sealed and shut door. But justice does not stop at death.

How Wrongful Death Cases Work

When a person dies or is killed (including murder) because of someone else’s negligence, the victim’s surviving family members may sue for wrongful death. A suit for wrongful death may only be brought by the personal representative of the decedent’s estate. The family member(s) will then sue for the suffering monetary injury.

What Must Be Present in a Wrongful Death Lawsuit

• Evidence of the death. Unlike most criminal trials, wrongful death suits require a lower standard of proof.
• Evidence of perpetrator’s negligence, misconduct, or intent to harm.
• Evidence of the surviving family members’ monetary suffering due to the victim’s death.
• A personal representative for the decedent’s estate.

Money Doesn’t Make Up for Death

There’s a false belief that the money won from a wrongful death suit is used to just comfort the family. This simply isn’t true. The money won can help surviving family members with the following (not limited to):

Paying the Victim’s Hospital Bills

Never underestimate how high hospital bills can run. A few years back, it was reported that someone was charged a $93,000 bill for a false alarm heart attack. The last thing a victim’s family should have to do is pay the bill for a wrongful death.

Making Up for Loss of Income

An example of that would be the money going towards a now-widowed mother providing for her children. During this sensitive time, families need to focus on grieving, not survival.

Therapy Sessions

Neurologists and experts alike are still baffled by how little we understand of the human brain. Bills should never get in the way of someone seeking mental health help, especially after the traumatic death of a loved one. Has someone you know lost a loved one due to a wrongful death? At Silkman Law Firm Injury & Accident Lawyer, we understand your pain and want to do what we can to help you heal. Contact us today.

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A study finds that from 2001 to 2003, only 48% of children between the ages of 5-14 wore helmets while riding their bikes. Older children are less likely to wear helmets than younger children. The study goes on to say that in 2010, there were approximately 515,000 bike-related injuries and 800 bicyclists were killed. Half of these were children under the age of 20. The New York Daily News reports that minority children and children in poverty are even less likely to wear helmets. They found that out of 7,678 bicycle accidents involving children, only 22% were wearing helmets. In their research, minority children are 62% less likely to wear helmets, and kids covered by Medicaid are 67% less likely to wear helmets than kids with private insurance. Half the children surveyed were at least 11, and again, older children were less likely to wear helmets. 300 children die from these accidents every year according to this study.

Media

It’s no myth that we’re a country influenced by advertisement. It’s estimated that $194 billion was spent on US advertisement in 2016 alone. In 1970, approximately 37.4% of adults smoked. One year later, cigarette commercials were banned. That percentage went down to 16.8% in 2014. Think about the last time you saw a bicycle helmet commercial. In 2012, Boston decided to tackle this issue with its No Excuses campaign, featuring images around town of gruesome accidents. This went downhill as more people were scared into not riding bikes at all.

Laws

Only 22 states have laws regarding bike helmets and youth. In Arizona, there isn’t a statewide law, but Flagstaff, Pima County, Sierra Vista, Tucson, and Yuma all require helmets for those under 18 years of age. An Australian advertisement made news when it showed a Dutch bike rider wearing a helmet. This is because while not wearing a helmet in Sydney earns you a $234 fee, Amsterdam doesn’t even consider helmets as safety measure.

How to Encourage Older Kids to Wear Helmets

1. When gifting an older child a bike, be sure to include the helmet with it.
2. Let your child pick out a helmet, rather than forcing one on them.
3. Lead by example. If you’re a bike rider, allow your child to see you wearing a helmet.

What to do When Your Child is Hurt

After the 911 call and hospital visit, parents could be left with a medical bill they weren’t prepared for. They might not know they can seek legal help and that bicycle accidents do fall under personal injury claims. Has your child been seriously injured from a bicycle accident? Call Silkman Law Firm Injury & Accident Lawyer at (602) 535-5899 for a free consultation, or visit our website to learn more about bicycle accident claims.

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Windows open, music blasting, Mr. J was headed south on the 101 to work when his whole world exploded into chaos. Eyes alertly watching the road, Mr. J could see a large 18-wheel truck turn on its blinker and start moving into his lane. The problem for Mr. J was that the big rig truck was moving into the space he was already occupying. Scared, Mr. J slammed on his horn to alert the truck driver but he was ignored. Knowing that if he didn’t take action he was going to be killed by the truck, he jerked the wheel quickly to the left. At the speed Mr. J was travelling, the move was a dangerous one. A sense of panic rose within him as he felt the car dramatically shifting to the left. He pulled the wheel quickly to the right to keep himself from going off the road but it was too little too late. The swerving caused the vehicle to lose it’s connection to the road and he could feel himself lifted upwards against the seat belt as the car flipped over. The sound of shattering glass, tearing steel, and screeching tires filled his ears before he lost consciousness. When he awoke, emergency crews were on the scene, cutting him free from the seat belt. His whole body was in pain.

The Facts

Fortunately the truck driver did the right thing and pulled over quickly. A quick review of the scene by the police resulted in a citation being issued against the driver. It was clear that the truck driver had caused the accident. Mr. J was rushed to the hospital where the emergency room doctors identified he’d sustained multiple injuries that were all very severe. During the process of patching him up, doctors warned Mr. J that some of the injuries were going to take a long time to heal and that he may even lose some of his range of motion. As a man who worked for a living, Mr. J wasn’t just hearing about the pain of his upcoming recovery. He was hearing from the doctors that he wasn’t going to be returning to work for a long time. Something he just couldn’t afford.

The Case

A week or so after leaving the hospital, Mr. J called the truck driver’s insurance company. While making the phone call and speaking with their adjuster, Mr. J thought “their guy was at fault for the accident so his insurance company will start taking care of me, right?” Wrong. Shortly after the phone call, Mr. J received a call back from the truck driver’s insurance company. Their “investigation” revealed that it was Mr. J’s speed that was the primary cause of the accident, not their driver and his negligent lane change. Mr. J’s claim was denied. Realizing right away that he needed expert assistance to help him deal with this case, Mr. J contacted Silkman Law Firm Injury & Accident Lawyer to review the situation.

The Outcome

Not one to take no for an answer, Silkman Law Firm Injury & Accident Lawyer filed a lawsuit. A few months later, the case was successfully negotiated and settled in private mediation for a confidential sum. The outcome was that Mr. J received a significant five-figure settlement—this after attorney fees and medical bills were paid—allowing him to get back to his normal life. If you have been seriously injured in an auto accident, don’t go up against the insurance company alone. Contact us or call the Silkman Law Firm Injury & Accident Lawyer for a free case evaluation at 602.535.5899.

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The story starts off like any other day. A family member is taken to the hospital for a routine procedure, the kind that occurs hundreds of times a day at medical facilities around the globe. But this time is different. This time, it’s not so routine. This time, your loved one doesn’t come home. What was supposed to be a simple procedure has turned into a nightmare. You now have a wrongful death suit on your hands.

What Defines Wrongful Death

A wrongful death claim is a civil suit against a person who can be held liable for the death of another person due to negligence. The standard of proof in such a case is a “preponderance of evidence” rather than “beyond a reasonable doubt” needed in a criminal case. However, a criminal suit may be pursued in addition to the wrongful death case, and that fall under the title of murder, manslaughter, or criminally negligent homicide. When a company is liable for the death, criminal charges cannot be filed, so a wrongful death is the only course of action.

Aspects of a Wrongful Death Suit

If you believe a loved one has been the victim of a wrongful death, there are steps to take to ensure you are able to move forward with a lawsuit, should it be warranted. You definitely want to contact a skilled personal injury attorney as soon as feasible so that you can receive appropriate counsel. Only people who have a relationship to the deceased are able to bring a suit. These include: the personal representative of the deceased estate, surviving spouses, children, or the parents of the deceased. In the case of a wrongful death suit, the amount of damages sought can include both economic and non-economic, such as medical and funeral expenses, loss of expected earnings, loss of benefits, loss of inheritance, mental anguish, and loss of love and care. In Arizona, a wrongful death case must be filed within two years of the date of the person’s death. In essence, this is a personal injury case that has gone beyond injury, so a personal injury attorney is the appropriate choice to litigate in such an instance.

How to Know Who Is Liable

The hospital can be held liable if the negligence is caused by an employee of the hospital, but this doesn’t follow when the attending physician, for example, is an independent contractor and not employed by the institution. In that case, while the hospital may not be included in the suit, the doctor can still be held liable. If both could be considered at fault, the strategy will determine if your suit will include both the medical professional and hospital. In the case of a nurse being negligent, consider some of the most common errors made by nursing staff:

• Failure to monitor a patient properly
• Failure to properly chart the patient’s progress and symptoms
• Administering the wrong type of medication, the wrong amount of medication, or giving it at the wrong time
• Failure to report symptoms or patient complaints to the doctor in charge

Hospitals can be negligent in a number of ways, including:

• Failing to confirm that staff is trained and licensed as required by law
• Failing to remove incompetent staff
• Failing to implement proper procedures for safety and cleanliness
• Understaffing the facility, leading to improper or inconsistent care

Don’t Go It Alone

If you feel your loved one was the victim of a wrongful death at the hands of a medical professional, you deserve to be compensated for your loss. Trust the Phoenix personal injury attorneys at Silkman Law Firm Injury & Accident Lawyer to provide you with sound advice and advocacy during your time of grief. Contact us or call today at 602.535.5899 for your free case review.

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There’s one question we hear a lot from people – “Do I really need to call the police if someone hits me? I mean, what if I’m not that injured or there’s not much damage to my car?” We know what’s motivating the question. The vision of calling the police –sitting in the middle of traffic (or on the side of the road) waiting for them to show up; people are staring at you from their cars and you’re probably late for something. Nobody wants to put up with that. And really, what’s the big deal? If you feel like you do not need to be transported to the emergency room and your car is drivable, does it matter?

Yes, yes it does matter. A lot.

When you get into an accident, your blood is pumping and adrenaline is rushing through your body. Your natural defense mechanisms are actually protecting you from feeling any injuries. But over time, as this wears off, the real impact of your injury can be felt. Your shoulder aches. Your neck hurts. Your hand is stiff. It’s more than just a little injury. You start cutting back work hours because it hurts. You’re seeing a doctor because it hurts. You’re spending money on pain relief because it hurts. Also, what appeared at the time to be a relatively minor dent may be much more serious after a body shop figures out what has to be repaired on your vehicle. Without a police report, usually the only account of the crash and how it happened is your version of the story and the other guy’s.

The Purpose of the Police Report

The police report exists to provide an independent assessment and record of the accident. Who is at fault for the accident is often determined in the police report as well (especially when someone is given a traffic ticket). Having a police report can become vital in a case where it may not be so clear-cut who is at fault for the accident. Without it, it becomes your word against theirs.

What to Do If You Have An Accident

As soon as you’ve made sure you’re OK, contact the police right away. While you’re waiting for the police to arrive, it’s important for you to gather information yourself. Take pictures of their car, your car, and the accident scene. Taking a video on your phone of the whole accident scene is even better. Collect the contact information of anyone around who may have been a witness to the scene. Definitely get the insurance information of the person with whom you’ve been in the accident with. After the police arrive on the scene and have completed their report, be absolutely sure to get a copy of the accident exchange information form. A copy of the record itself is important too, but that generally takes a couple of weeks before it is available. Also, make note of any tickets the police issue.

How Silkman Law Firm Injury & Accident Lawyer Can Help Your Personal Injury Case

After you’ve done all the right things at the scene of your accident, you may still need to involve a car accident personal injury attorney like the Silkman Law Firm Injury & Accident Lawyer. We offer free case reviews for your accident so that you can have a professional look at your case and let you know whether it’s worth pursuing – never make that decision on your own – you might miss out on important compensation to pay for current or future medical expenses. Contact us today for your free case free or call us at 602.535.5899.

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