Specific details and identifying information have been changed in order to protect the confidentiality of the settlement agreement. Riding a bicycle on a gorgeous day should be a leisurely and enjoyable time, but for one of our clients, it turned into a harrowing experience that threatened to put him at fault. Luckily for him, he contacted the skilled bicycle accident lawyers at Silkman Law Firm Injury & Accident Lawyer, where we found the legal precedent to win his case.

The Bicycle Accident

Mr. H was riding his bicycle down Lincoln Drive in Scottsdale, heading east on the north side of the road, riding against traffic on the sidewalk. He had biked this route for years because there was neither a bike lane nor a sidewalk on the south side of that part of Lincoln, so this was the safest choice. As he approached an intersection, the light was green and the walk sign was lit for the crosswalk. As Mr. H entered the crosswalk, a southbound car stopped at the intersection in anticipation of turning right to continue westbound on Lincoln. Mr. H thought he and the driver had made eye contact, so he entered the crosswalk. But as he did so, the driver accelerated into his right turn, colliding into Mr. H’s left leg. When the police showed up at the accident shortly thereafter, they did not cite Mr. H or the driver of the car. They did, however, threaten MR. H and document the conversation in the police report that Mr. H was lucky he was not cited for traveling against traffic on the wrong side of the road. Noting the officer’s remark, the driver’s insurance company stated it was their position that Mr. H was 70% at fault for being on the wrong side of the road. The company only assumed liability for 30% of the accident.

What the Law Says

We began to conduct research on past cases to find legal precedent that would help Mr. H’s case and discovered Maxwell v. Gossett. That case had facts very similar to Mr. H’s. In that case, a young boy was riding his bicycle home from a store on the northwest corner of an intersection. As he was attempting to ride east across the intersection, crossing on the north side of the road, he was struck by a car and killed. One of the main point the defendants argued was that they weren’t liable because the boy had been on the wrong side of the road and riding against traffic. The court disagreed. They said in part that it was not unlawful to ride a bike in a crosswalk and that it didn’t matter what his direction of travel was since he was hit while in the crosswalk. The defendants in that case lost the argument.

The Settlement

Armed with this information, we drafted a demand letter to the insurance adjuster citing this case, along with other relevant statutes, to point out the error of their judgment. We told the insurance agency that if they didn’t accept 100% liability, we would file a lawsuit on Mr. H’s behalf. Within 30 days, the insurance company changed their position and accepted 100% liability. Because their settlement offer was insufficient, we did file a lawsuit, but through negotiations, we settled shortly thereafter. Mr. H received a settlement of nearly $25,000, which covered his soft-tissue injuries incurred in the collision. If you or a loved one has been involved in an accident and told that you were at fault, we may be able to help. Oftentimes, there are cases that support your stance. Since we know the law and the cases, we can fight for you and get you the outcome you deserve. Contact us or call Silkman Law Firm Injury & Accident Lawyer at 602.535.5899 today for a free case consultation

Posted in Bicycle Injury, Case Study | No Comments »

It’s March and here in Phoenix, that means spring training baseball is back. It’s a great time to see your favorite players getting ready for the regular season at a discounted price and in a much smaller setting than at Chase Field. Most people don’t imagine getting hurt at a spring training game, but sometimes injuries happen. Hot dog and beer in hand, you’re sitting on the first base line talking to a friend when a foul ball comes screaming in your direction. Too fast to react, you get hit by the ball. And while this does happen (that’s why stadiums have signs up everywhere warning you of your danger), there’s often very little that can be done about these kinds of injuries. While not a law, there is a rule called the Baseball Rule that says that by attending a baseball game, you’re knowingly putting yourself in danger and assume liabilities for your injuries. In fact, game tickets often have the liability waiver printed right on the back of the tickets you purchase. And while it’s a dramatic type of injury, being struck by the ball or an errant bat, there are much more common injuries that happen at games.

Common Spring Training Injuries

Here are some of the most common types of injuries that can occur at a spring training (or any sporting event):

• Spilled food or drink – Games are messy events with food and quick finding itself on the ground as often as into people’s mouths. The venue is responsible for ensuring dangerous messes are dealt with quickly.
• Wet restroom floors – Just like outside in the concourse, restroom floors often get wet because of overflowing toilets or sinks that have been stopped up.
• Blocked aisles – One of the more serious dangers are stairs with obstructions down to your seats. If a sizable piece of trash is left in the stairway and you fall because of it, the crash down the cement stairway can cause serious injury.

Ultimately, attending a sporting event like a spring training game can be just as dangerous as any other kind of event. And when you’re dealing with a spring training game, it’s more complicated than dealing with a similar type of incident that may occur in regular business like a grocery store. Often times the sporting event venues blend public, private, and even tribal organizations that involve a complex set of issues that need to be addressed for you to get the outcome you deserve. You can’t handle these kinds of issues alone. You need to work with the experienced team at Silkman Law Firm Injury & Accident Lawyer. We will conduct a comprehensive review of your case including incident reports, medical records, and eyewitness accounts. No matter what your injury (even if you got hit by a baseball), contact Silkman Law Firm Injury & Accident Lawyer or call us today at 602.535.5899 for your free case review and find out how we can help you.

Posted in Personal Injury Law | No Comments »

When your child is at school, you rightfully assume the teachers and other staff are watching out for them. Schools are generally safe, but children can suffer injuries when teachers and administrators do not protect the children in their care. If your child was injured at school, you may have legal options for pursuing compensation for the harm they suffered. To learn more about schools’ duty to protect children, contact Silkman Law Firm Injury & Accident Lawyer for a free consultation.

Common Causes of School Injuries

Some of the most common incidents that cause school injuries include the following:

• School bus accidents
• Car accidents
• Pedestrian accidents
• Slip and fall accidents
• Sports injuries
• Playground injuries
• Bullying and fights among students
• Food poisoning
• Exposure to toxic substances

Common Types of School Injuries

School injuries can be severe, depending on the circumstances. Some common types of injuries that happen at schools are:

• Lacerations and abrasions
• Bruises and black eyes
• Sprains and strains
• Broken bones
• Illnesses related to food poisoning or exposure to toxic substances
• Head injuries
• Neck and back injuries
• Traumatic brain injuries (TBIs)
• Emotional distress and other mental health disorders

In Loco Parentis: The Duty Schools Have to Protect Your Children

School teachers and administrators are legally obligated to protect students when they are on school property or participating in school-related activities. This duty is called in loco parentis, a Latin phrase that means “in the place of a parent.” Essentially, schools are required to care for students like a parent would anytime students are at school. A school that fails to uphold this duty may be liable for injuries a child suffers on school grounds.

What Actions Are Considered to Be Negligent by a School?

If a student is injured because a school doesn’t follow standards of care, the school could be considered negligent. Various actions may be deemed to be negligent, including the following:

• Not fixing broken sidewalks or other hazards on school grounds
• Incorrectly installing or not maintaining handrails or other safeguards
• Exposing children to asbestos or other toxic substances
• Not adequately supervising students
• Improperly or inadequately training school bus drivers
• Not preparing or storing food properly to mitigate food-borne illnesses
• Not maintaining playgrounds or other outdoor equipment
• Not preparing for emergencies

What to Do If Your Child Is Injured at School

If your child is injured at school, here is what you should do to protect them and your legal rights:

• Take pictures of your child’s injuries and, if possible, the scene of the accident
• Look for eyewitnesses or nearby security cameras that may have captured the incident
• Take your child to the doctor immediately and make copies of their medical records
• Contact a personal injury lawyer for help pursuing compensation

Contact a Phoenix Personal Injury Lawyer to Demand the Compensation You Deserve

If your child was injured at school, you have legal rights that could entitle you to seek the compensation your family needs. The team at Silkman Law Firm Injury & Accident Lawyer can help you pursue justice and accountability. Contact our office today for a free consultation.

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We aren’t used to rainy days here in Phoenix. When it happens, we’re often unprepared, searching for umbrellas and shoes with a good grip. By the time we reach our destination, we’re damp and distracted. That’s when a slip and fall accident occurs. Running between the raindrops, you forget the grocery store entrance is wet and you lose your footing. Landing on your backside, with what initially feels like only a bruised ego, you pick yourself up only to be sat down and interrogated by the store manager. Don’t be annoyed at the fuss. The manager is just doing her job recounting the events for what is likely to become an incident report for upper management. She’s not out to ruin your day.

What to expect during your slip and fall accident

It’s important to understand that what felt like an inconvenient fall for you is a potential liability for the store. The managers are frequently trained to deal with each fall as a serious problem and may be overly eager to protect the store’s interest. Stay calm. Becoming upset or angry won’t change what happened. It’s in your best interest to cooperate only to the point that you’re asked to sign a statement. Your signature could be interpreted as admitting fault, releasing the store of fault, or reaching a settlement. If you’re asked to sign anything, respectfully decline. Without the support of Silkman Law Firm Injury & Accident Lawyer, experienced slip and fall injury attorneys, you may end of signing something you’ll regret later. And it’s easy to blame yourself for the accident. Maybe your shoes were wet. Maybe you were distracted as you were coming into the store. Never assume any responsibility for the accident. There are many factors that could have played into your slip and fall injury, including…

• Was there excess water on the floor at the time of your fall?
• Had a mat been in place to absorb water?
• Was there another substance causing the floor to be wet or slippery?
• Was there a caution sign posted indicating a wet floor?

What to do about your slip and fall accident

Sometimes the smallest things can impact the success of pursuing your slip and fall accident injury case.

• If a manager doesn’t come to you after your accident, make sure to notify them before you leave the store.
• Keep the clothes and shoes you were wearing, as they may be important later.
• Get contact information from witnesses.
• Take pictures of the area where you fell so you can easily recount the events leading to your slip and fall.

After all of this, make seek medical assistance to get checked out and make sure what feels like a bump isn’t a sign of something more serious. And honestly, even if you don’t have outward signs of injury, it’s important to get checked – many injuries can present their effects days or weeks after your fall. Once you’ve started that process, then it’s time to contact us or call Silkman Law Firm Injury & Accident Lawyer at 602-535-5899, your personal injury attorney. We will sort the details and get you compensation you deserve.

Posted in Slip and Fall | No Comments »

Accidents seem to come from nowhere. You get in your car after a party for what you think is a safe and quiet ride home. Stopped at an intersection, the light turns green and your friend pulls into the intersection. Suddenly two bright headlights come speeding towards your door, the other car ignoring the red light. There’s no time to react. Everything happens in slow motion. The car smashes into your door, spins the car around before everything comes to a screeching stop. Both cars are totaled. The other driver gets out of the car to see what happened. They stumble, not because of the accident, but because they’ve been drinking too much. Great. Your car is wrecked. Your body hurts and the guy that hit you has been drinking. You’re worried about your car and medical bills – they’re worried about a stay in Tent City.

You’ve Been Hit by a Drunk Driver, Now What?

There are three things to focus on when involved in an injury accident with a drunk driver. You want to make sure that you keep yourself safe, that you get information for your injury claim, and to protect your rights.

Keep yourself safe

Make sure that as soon as you’re safe that you (or someone else) calls 911. Be sure to stay calm until police and paramedics arrive. If the other driver was drinking, they may be in some serious legal trouble. Be mindful of that and don’t engage with the other driver more than is necessary – they may be more likely to react angrily and even violently under those circumstances. And even though you might feel fine, get checked at the scene and then seek additional medical attention as needed. Some injuries can take days or even weeks before you notice them so it’s a good idea to get checked out by a doctor as soon as you notice something is going wrong – it could be a sign that something serious is going on.

Get information

If you’re able, get contact information from witnesses and insurance information from the other drivers involved in the accident. If you are not able due to injury (or because they won’t cooperate) Silkman Law Firm Injury & Accident Lawyer will get the information needed for your case. Also, it never hurts to get pictures of the scene of the accident. While we’ll seek other evidence as needed, there are times we find it useful to review cell phone images of the scene that can provide more information about what happened and why.

Gather evidence quickly

In cases of drunk driving, it is important to move quickly to collect the evidence that other driver was in fact drunk. If we can prove that the driver’s intoxication was a proximate cause of the accident, you may be entitled to punitive damages (damages intended as punishment) in addition to compensatory damages (damages for medical expenses, pain and suffering, and lost wages). Punitive damages, if awarded, can be substantial making it important to not only gather evidence but to seek the assistance of Silkman Law Firm Injury & Accident Lawyer, an experienced car accident attorney with a track record of successfully pursuing punitive damages in drunk driving accident injury cases.

Protect your rights

Don’t talk to or sign documents from insurance companies until we review your case. By signing, you may be agreeing to settlement terms that are not in your own best interest. Remember that it’s in the best interests of their insurance company to get you to agree to terms as quickly as possible. You’ll want to make sure that you talk to us before you talk to them. Stay off social media. You may want to let people you know what happened but sharing your experience online can hurt you. What you say on Facebook, Twitter, Instagram, or other social media platforms can be used against you in the settlement process.

Get results

If you or a loved one has been injured in an injury accident involving a drunk driver, contact Silkman Law Firm Injury & Accident Lawyer right away. The sooner we’re involved, the sooner you can get the outcome you deserve. At Silkman Law Firm Injury & Accident Lawyer, we work on behalf of our clients to get them punitive damages, compensated for medical bills, pain and suffering, and lost wages. Contact us or call us today at 602-535-5899 for a free case review.

Posted in Car Accident | No Comments »

On the 300 or more sunny days of the year walking in Phoenix isn’t a bad choice. It’s the few rainy days that make it dangerous for many pedestrians. Of the 109,554 automobile accidents that happened in Arizona in 2014, 13,883 were weather related including 3,152 rain related accidents according to Valley Metro. The lesson? If you’re walking on a rainy day, stay alert. It can be challenging to juggle a cumbersome umbrella and jacket along with your backpack while trying to cross busy streets but paying attention can save you from injury or death. What happens if you’re walking across the street when a car skids to a halt, slides, and hits you? Seek medical attention first. You may not think you’re seriously injured, at least on the outside, but you can suffer internal injuries that can only be diagnosed at a hospital. Gather as much information from witnesses at the scene as you can and use your smartphone to photograph the accident scene. You may need the pictures later to remember details of the incident. After your injuries are assessed, it’s time to call Silkman Law Firm Injury & Accident Lawyer, experienced personal injury attorneys for a free case review. If you were in the crosswalk walking at the proper time, it’s likely the driver of the car is at last partially at fault for the accident.

• Was the driver of the vehicle involved in the accident obeying the rules of the road?
• Was the driver intoxicated or distracted at the time of the incident?
• Were you crossing the street using the crosswalk and signals?
• Was the vehicle that hit you maintained properly?
• Are there any outstanding recalls on the vehicle that could impact its performance at the time of the accident?
• How much was weather a factor?

All of these and more are questions the Silkman Law Firm Injury & Accident Lawyer can get answered for you. We can navigate insurance claims on your behalf and negotiate to get you compensated for injuries, pain and suffering, and lost wages resulting from being a pedestrian involved in a motor vehicle accident. Don’t take on the insurance company, other drivers, and car manufacturers all by yourself. Contact us or call Silkman Law Firm Injury & Accident Lawyer at 602-535-5899 today to review your case and get you the settlement you deserve.

Posted in Pedestrian Accident | No Comments »

Specific details and identifying information has been changed in order to protect the confidentiality of the settlement agreement. What happens when you’re t-boned and can’t afford the medical bills? You call the experienced team at Silkman Law Firm Injury & Accident Lawyer. That’s just what Mr. L did, a 30-year-old power lifter in peak physical condition, whose injuries could have ended his ability to do what he loved.

The Car Accident

It was late afternoon. The sky was mostly clear with puffy white clouds and comfortable breezes – in short the perfect early autumn day in Arizona. With his favorite music playing and the windows open, Mr. L was on his way home from a long day of work. Heading south on 19th Ave, Mr. L hit the gas to go through a four-way intersection after the light turned green. Out of the corner of his eye, Mr. L saw a wildly out of control vehicle headed his way. The car came barreling through the intersection, clipping a northbound vehicle first and then slamming into Mr. L’s rear driver side door. With a loud crunch into the side of his car, Mr. L was banged around and had the wind knocked out of him as his vehicle was forced through the intersection and off the road. Heart beating wildly from the adrenaline, Mr. L pulled himself out of his twisted vehicle and looked at the smashed in side of his car. He wondered how he even survived the accident based on how badly his car was damaged. Due to alert witnesses, the police and emergency services were quickly called for help. Unfortunately for Mr. L, the driver who caused the accident was drunk and angry, unwilling to cooperate with providing his insurance information. And when the police arrived, they arrested the other driver, leaving Mr. L to figure out what to do next. All things considered Mr. L was grateful. As bad as the accident looked, he didn’t feel like he’d been injured – just shaken and sore.

The next few days

Mr. L woke up the next day hurting all over and with deep pain in his shoulder. It also quickly became clear that he was having trouble moving his arm. A couple of days later, he found out the bad news that the driver of the vehicle who hit him was minimally insured. While he wasn’t an insurance expert, he was pretty sure this meant that he would be lucky to get anything from the insurance company to cover his costs and his medical bills.

Two weeks later he contacted Silkman Law Firm Injury & Accident Lawyer

Frustrated by the constant pain and worried that he was going to have to have big medical bills because of the accident, Mr. L knew he needed help. A close friend of his referred him to Silkman Law Firm Injury & Accident Lawyer because they knew that not only would we help with pursuing the insurance company, but that we would work the medical professionals to get him the help he needed. It started with a referral to a physical therapist with expertise in working with accident injury victims. And despite the excellent care, it turned out that he had sustained a substantial tear of his rotator cuff. It looked like he would need surgery. Understandably, Mr. L was concerned about his health insurance deductible and time off from work to recover.

The Car Accident Case Settlement

Between mid-October and Thanksgiving, we connected Mr. L with a trusted orthopedic surgeon who would perform the surgery on a medical lien (an agreement to wait for payment until after a settlement) over our client’s paid time off at Thanksgiving. This allowed Mr. L to not have to worry about paying for the surgery and dealing with time off from work – neither of which he could afford to handle at that moment. During the course of our work with Mr. L we not only negotiated his outstanding liens and medical bills so that he didn’t have to pay for any medical care out of pocket, he also received a five-figure settlement check at the closure of the case. Our comprehensive service during his case allowed Mr. L to achieve the peace of mind he needed and get the outcome that he deserved. If you or a loved one has been involved in a car accident, stop worrying about how to pay medical bills and living expenses and call Silkman Law Firm Injury & Accident Lawyer for a free case review.

Posted in Car Accident, Case Study | No Comments »

Riding a Valley Metro bus is a great way to travel the greater Phoenix area without having to spend money on gas or sit in traffic jams in your own vehicle. Listen to music or podcasts, read a book or magazine, or get caught up on social media as you travel to your destination. Sounds simple and pleasant but what happens when your Valley Metro bus experience hits a bump in the road? If you or a loved one have been involved in an bus accident injury with a Valley Metro bus, it’s important to seek legal advice immediately. An accident injury involving a bus is complicated at best because you are potentially dealing with a municipality, bus owner, bus driver, insurance companies, and witness accounts of the incident. While you can’t control what others do, you can practice safe travel on your next bus ride with these tips:

• Avoid playing chicken with a bus. Sounds obvious but if you’re late for work or an appointment, you may try to flag down the bus or step near it in an effort to stop the bus. This can cause the bus driver, other drivers, and pedestrians to get distracted, causing an accident.
• Use a crosswalk and obey traffic signals. You can’t control what other drivers do but you can control where you’re crossing the street.
• Be visible and step away from the curb. Buses are heavier than a car, especially when filled with riders. An inexperienced or distracted driver can catch a curb, making it unsafe to be too close to the road. Take a step back; the bus will stop for you.
• If you drop something as you’re exiting the bus, leave it on the ground until the bus passes. Bending over to pick it up could put you a little closer to the bus than you want to be, causing injuries or worse.
• Be courteous to the driver and other passengers. A scuffle on the bus can distract the driver and cause an accident. Not to mention it’s just better to be nice to each other. Avoid altercations as best you can.

We can’t always avoid an bus accident injury. Other drivers, pedestrians, weather, and the bus driver can each be part of the cause of an accident. If you or a loved one was involved in a Valley Metro bus accident, contact us at the Silkman Law Firm Injury & Accident Lawyer or call 602-535-5899 for a free case review to be sure you’re being properly compensated.

Posted in Personal Injury Law | No Comments »

You’ve been involved in a Phoenix motorcycle accident. Now what?

The weather is darn near perfect in Phoenix for motorcycle riding.

You grab your gear and hop on your bike for a long weekend ride.

But…

A distracted driver makes a left turn in front of you as you’re going straight through the intersection.

Statistically, at 42% this is the most common type of accident involving a motorcycle and another motor vehicle. [Source]

You realize the driver has turned in front of you but you don’t have time to stop.

The next thing you know, you’re on the ground wondering what just happened.

Stay calm. Even if the other driver or witnesses are angry and screaming, do your best to not get frustrated. Instead, assess how you’re feeling.

The best course of action, even if you think you aren’t hurt, is to go to the hospital to get checked. With all the adrenaline and stress, injuries can creep up later or be unseen.

If you’re able, ask someone there if they will get witness contact information and pictures at the scene of the accident. If you are unable to, do not worry. The police should gather some witness information too.

If that is the case in Phoenix, the motorcycle accident lawyers at Silkman Law Firm Injury & Accident Lawyer can gather witness accounts and other evidence later as we review your case.

When you arrive at the hospital you need to tell doctors what happened in order for them to diagnose your injuries. Be careful in telling details of the accident however. Doctors are not lawyers and even though they rarely mean to, they may write down their view of the accident in your chart in a way that is later used by insurance companies against you.

The other driver’s insurance will likely contact you for a statement or to sign forms. It’s their job to get you to make statements that can later be used against you.

They aren’t evil; they’re just trying to do their job. We recommend not giving a statement or signing anything until you’ve spoken with someone experienced in the local Phoenix, AZ area.

It’s a lot to handle which is why we’re here to help you navigate your accident claim.

As you’re getting back to health track doctor appointments, courses of treatment, and time you miss from work as a result of the accident so you’re compensated properly. If you or someone you love has been involved in a motorcycle accident of any kind, contact us or call the Silkman Law Firm Injury & Accident Lawyer at 602-535-5899 for a free case consultation.

Posted in Motorcycle Accident | No Comments »

It’s the most wonderful time of year. Or at least that’s how the song goes. You’ve RSVP’d to holiday parties and purchased gifts for the hosts. When you arrived at the party, you slipped going up the steps that lead to the well-decorated front door, twisting your ankle and bruising your wrist. In the moment you think you’ll be okay but later x-rays reveal a broken wrist and hairline fracture to your ankle as a result of your slip and fall at the holiday party. Your medical insurance doesn’t cover all of the costs and you wonder if your slip and fall medical bills could be covered by the host’s homeowners insurance. Unless there was an obvious hazard that wasn’t addressed by the host prior to the party, it’s unlikely they are liable but it’s worth a free case review to be sure.

Getting Ready for a Holiday Party

We all wanted to have a fun experience at our holiday parties but there are often potential hazards like extension cords, lights, decorations, and gifts in our path. But we all know accidents happen even when you did your best to avoid them both inside and outside the home. In the example here, unless there was a known loose piece of the steps that wasn’t fixed prior to the party, it’s not likely the hosts’ insurance will pay the claim. But what if the homeowner WAS aware there was a partially broken step in the walkway but thought it would hold out long enough that he/she could get around to fixing it sometime after the party? In that case, you may actually have a slip and fall claim. This doesn’t mean the host’s homeowners/renters policy is just going to pay up though. Whether you like it or not, sometimes the only option to get your medical bills paid may be to sue the host of the party who is also your friend. That’s not exactly in the holiday spirit but you need your bills paid so you can heal physically and mentally. If you’ve missed work as a result of the injuries, you may also need to be compensated for lost wages. Navigating through the negotiations, especially with friends or family, can be uncomfortable which is why you need the experienced team at Silkman Law Firm Injury & Accident Lawyer to guide you through the process. If you or a loved one suffered a slip and fall accident, it’s worth your time to call Silkman Law Firm Injury & Accident Lawyer for a free case review. We can review your case and determine the best course of action. Contact us or call the experienced team at Silkman Law Firm Injury & Accident Lawyer at 602-535-5899.

Posted in Slip and Fall | No Comments »