What Are Black Box Recorders?
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.
Getting Legal Help After a Wrongful Death
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.
Older Children Less Likely to Wear Helmets
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
- When gifting an older child a bike, be sure to include the helmet with it.
- Let your child pick out a helmet, rather than forcing one on them.
- 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.
Client Case Review – Rollover Crash Case
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.
Wrongful Death Case: What You Should Know
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.
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.
We can all accept that accidents will happen, and we do our very best to avoid them. Unfortunately, though, we don’t always have control of what happens, and that’s when accidents can be the most tragic. What do you do when you’re out for a drive and you get into a motor-vehicle accident that is clearly not your fault? You may assume that insurance will kick in and cover your medical expenses and property damage; however, it often happens that the at-fault driver is either underinsured or uninsured. What then?
The Accident
Mr. C, a high-school senior, was driving on a rural highway in Arizona when he was hit. The other driver fell asleep at the wheel, careened across traffic, and collided with Mr. C’s vehicle head on, directly in front of the passenger area of the car, at a speed of approximately 55 mph. Fortunately, there was no doubt that other driver was 100% at fault for falling asleep.
What the Law Says
The National Highway Traffic Safety Administration estimates an annual 100,000 police-reported crashes are the direct result of driver fatigue, when a driver feels sleepy or actually falls asleep. That number translates to nearly 1,550 deaths and 71,000 injuries, not to mention more than $12 billion in property damage. Keep in mind that these numbers are statistics, since it’s challenging to identify sleepy drivers. While Arizona does not currently have any laws regarding drowsy driving, as driving while fatigued is termed, it is clear that falling asleep at the wheel and being the cause of a motor-vehicle accident is pretty cut and dried when it comes to fault.
How Silkman Law Firm Injury & Accident Lawyer Helped
Mr. C was severely injured in this accident, accruing hospital bills in excess of $450,000. Automotive insurance only provided $65,000 of coverage—both at-fault liability and underinsured. In addition, the at-fault driver had no personal assets over which to sue. Mr. C and his family carried AHCCS, Arizona’s Medicaid agency, which paid all of his medical bills but also had a lien in the case to reimbursed more than $80,000. All of this meant that there wasn’t enough insurance to go around. The automotive insurance would need to go to AHCCS to cover medical bills, leaving Mr. C owing an additional $15,000. Silkman Law Firm Injury & Accident Lawyer negotiated with AHCCS for nearly eight months on this case, finally settling on an $8,000 payment instead of the initial $80,000. That meant that of the $65,000 in automotive insurance, Mr. C was able to keep a majority of it for himself.
Trust Your Professional Phoenix Personal Injury Attorney
Even when a situation seems to be simple, there are always nuances and complexities. Instead of risking losing your settlement and even incurring additional expenses, contact Silkman Law Firm Injury & Accident Lawyer or call us at 602.535.5899 today for your free case evaluation. We have the knowledge and experience to ensure that you’ll receive a fair settlement.
Boat Drunk Driving Personal Injury Case
It doesn’t matter what you’re driving—car, truck, motorcycle, ATV, aircraft, or boat—if you’ve been drinking, you shouldn’t be driving. Unfortunately, this kind of thing happens every day: someone who’s had a bit too much gets behind the wheel. When you move this scenario to one of our gorgeous Phoenix-area lakes, it can turn a relaxing day out with friends into a weekend full of tragedy.
What Would You Do?
Imagine you’ve spent the day out on your boat in the party cove at Lake Pleasant. You and a hundred other fun-seeking folks have docked together throughout the day, taking turns with the paddleboat, jet skis, and swimming. You’ve all enjoyed your fair share of alcohol that seems to be flowing as smoothly as the waves. But the sun is setting, so it’s time to turn back to shore and head home. You’re smart enough to recognize that just like your car, you need a designated driver to get your boat back to the dock. But one of the other boats operators on the lake wasn’t so smart, it’s not like they’re worrying about police hiding and red lights out on the water. The next thing you know a dark shape is coming towards your boat too fast for your designated driver to get out of the way. With a loud thud, their boat hits the side of yours, doing damage to the boat and injuring one of your guests in the process.
Whether on Land or in Water, Drunk Driving Rules Apply
In the state of Arizona, if someone is operating a vehicle with a blood alcohol level of .08 or higher, they are driving under the influence (DUI, referred to as operating under the influence—OUI—when in a boat). Just as with a DUI, they can be charged with aggravated OUI, which is a much more serious offense. This can occur if they:
- Are convicted of three OUIs within 84 months.
- Have a passenger on their boat who is younger than 15 years of age and they recklessly endanger the minor, have a prior OUI conviction, or have a blood alcohol level of .15 or higher.
- Have a blood alcohol level of .15 to .19 (extreme OUI) or .20 or higher (super extreme OUI).
What to do
If you’ve been involved in a boating accident with a drunk driver here’s what you need to know. Immediately contact the authorities, especially if there has been an injury during the accident. The most important thing is to get medical attention to ensure that any injuries are treated right away. Next, either you or someone on your boat should begin documenting the circumstances right away. Get the information about the other boat and photographs as well. These may be critical pieces of information later when you need to file a claim against the other boat operator. Law enforcement jurisdiction on the waterways can be a little different that you’d expect. Typically Arizona Game and Fish are responsible for policing the waterways but tribal police may be involved if your incident occurs on water with native sovereignty. Your best strategy is to make sure that you provide a complete accounting of the events to the authorities that respond to the call for help and make sure you get a copy of the report and take note of everyone who was on the boat as witnesses for later. Officials are out on the lakes year during the busiest boating months: March through September. Remember, they are there to help you make smart choices and keep everyone on the lake safe.
Protect Your Rights
Just as though a drunk driver of a car hit you, you need to get legal representation right away. Dealing with multiple jurisdictions and whether or not they have adequate insurance on boat can be a nightmare tangle that you want to avoid handling on your own. The team at Silkman Law Firm Injury & Accident Lawyer has experience handling these issues and we’ll make sure that even if someone ruined your good time at the lake by being irresponsible, that you’ll still get the outcome you deserve in the end. Contact us today or call Silkman Law Firm Injury & Accident Lawyer at 602.535.5899 for a free case review.
No one wants to be in any sort of traffic accident. Whether you drive for business or pleasure, what starts as a way to get from point A to point B can quickly turn to tragedy. Today, we explore two crash situations and look at how, even when faced with adversity, the use of a knowledgeable personal injury attorney helps these accident victims get the outcome they deserve.
Motorcycle Accident
Too often, when it comes to accidents involving a motorcycle, it’s assumed that the rider was at fault. “He was probably riding too fast” is a perception many have. Although with little to protect them, if a motorcyclist’s life is lost, who is responsible is of little consolation. Let’s look at a recent motorcycle accident in Arizona and discuss what the next legal steps should be. In early March of this year, the tire on a cement truck traveling west on US 60, near Gilbert Road in Mesa, blew out, causing the driver to lose control. Once the driver lost control, the truck collided with a motorcycle and then the concrete barrier wall on the highway. Thankfully, the rider was not killed, but he was badly injured and pinned beneath the truck. After authorities came and were successfully able to free him, he was sent to the hospital in serious condition.
What Could Happen Next
Given the details of the initial story, it appears that the motorcyclist will survive this accident, but who knows what his long-term injuries may be? When determining who is at fault for the accident, one would assume the fault is entirely on the cement truck rather than the motorcycle rider. But who else may be at fault? A few parties that could be held at fault include:
- The cement company
- The manufacturer of the truck
- The manufacturer of the truck tire that blew out
- The driver of the truck
As personal injury attorneys, we at Silkman Law Firm Injury & Accident Lawyer look at the police reports and witness statements to determine the events of the incident. We then may complete research on the truck and tire to see if there were any defects that need to be pursued. If we find that the company may have been negligent as well as the actual truck driver, we may file a lawsuit against both. With multiple defendants involved in the lawsuit, they may be equally responsible for the plaintiff’s damages, or they may be held accountable for varying percentages of fault. In this case, we would expect a strong settlement or judgment in favor of the motorcycle rider.
Semi-Truck Accident
If you live in Arizona, you probably heard about the huge semi-truck accident along I-10 this summer. In July of 2015, a series of misfortunes befell a number of drivers in Quartzsite. First, a semi-truck was going the wrong way on the highway, leading to a fatal accident. Separately, another semi driver failed to slow for the congested traffic caused by the first accident, leading to a second collision when he rear-ended a different semi. Two other semi-trucks were also rear-ended in the accident, which led to the first truck—the one that failed to slow in the congested traffic—catching on fire. The driver in that fiery truck died. Initial reports indicated that fatigue might have been an issue in this case, which led to the allegedly impaired driver’s death.
What Could Happen Next
With multiple participants in an accident like this, you’re likely going to have a number of litigants, both plaintiffs and defendants. One thing to consider with semi-trucks is the increased level of responsibility they have. Commercial drivers need a different type of license and must follow various state requirements with a CDL (commercial drivers license). Also, commercial vehicles are required to carry a higher level of insurance, which could be a benefit for the person who is looking to insurance to pay out. The team at Silkman Law Firm Injury & Accident Lawyer looks at all of the components of a complicated case such as this one and use our extensive experience and case knowledge to deliver the best outcome. Depending on the amount of damage and injury incurred, we would expect a substantial settlement.
If It Happens to You
If you are involved in an accident while on a motorcycle or with a semi-truck, don’t rely on the insurance companies to make the best decisions. You need an experienced personal injury firm in your corner to ensure you get everything that is coming to you. Contact Silkman Law Firm Injury & Accident Lawyer or call us at 602.535.5899 for a free personal injury case review.
When it comes to filing a lawsuit against a medial professional (a doctor or nurse, typically), there are certain things you have to know to come out on top. Medical malpractice suits are often long, complicated, and expensive due to the burden of proof and the specifics that must be followed. Here are seven things you must know:
- You must be able to prove that the medical professional made a mistake AND you were harmed by that mistake. The two components need to be related to have a case. If you cannot link causation to the harm, you will not have a viable case.
- You should be able to prove that the medical professional did not follow the standard of care. Remember that “standard of care” is different for each case and for each person based on your specific healthcare needs.
- Obtain a “certificate of merit” by contacting another physician to review your medical records and certify that the healthcare provider in question deviated from accepted medical practices in the case, which resulted in your injuries.
- Know the statute of limitations for the case. In Arizona, the Arizona Revised Statutes section 12-542 says that a legal action alleging malpractice by a healthcare professional must be filed within two years of the when the cause of action “accrues”. This means two years from the time a reasonable person knows, or should have known, of the defendant’s negligent conduct.
- Determine if you have a proper suit. Common types of medical malpractice include failure to diagnose, improper treatment, and failure to warn a patient of known risks.
- Although there are court fees and expenses for experts to testify in court, most of the time, the law firm will cover those costs upfront and then take a percentage of your settlement at the conclusion of the case to cover those expenses.
- Some states have a cap on how much money can be awarded in medical malpractice suits. Currently, Arizona is not one of those states.
If you feel you have grounds for a medical malpractice suit, contact Silkman Law Firm Injury & Accident Lawyer or call us at 602.535.5899 for a free medical malpractice case review.
