Category: Injury Law

Social media is a great way to share what is going on in your life with friends and family; however, if you are pursuing a personal injury claim, be aware that anything you post, whether related to the case or not, can be used against you in court.

Just as your attorney will aggressively fight to win your case, opposing counsel will do whatever they can to win on their client’s behalf. This includes capturing posts and comments from your Facebook, Twitter, SnapChat, YouTube, and other social media platforms, regardless of privacy settings, to disprove your claim. Posting anything online about your accident or case is a big no-no, but even innocuous comments like “doctor says I’m good as new” or “never felt better” can have a negative impact.

The following are tips on how to avoid providing the defense with the ability to use your own actions and words against you:

• Be sure all your accounts are set to private, and all posts are set to “friends.” While this may not necessarily prevent opposing counsel from accessing the information, it will make the process more difficult.
• Be cautious of accepting new “friends,” especially if you do not know them. The defense may try to gain access to your account if they do not have sufficient cause to obtain a subpoena.
• Do not post anything related to your case, such as when or where the accident happened, who was at fault, the status of your injuries, or damage to property. Provide updates in person or over the phone.
• Ask friends and family to refrain from posts about your injuries and case as well
• If you or someone else does inadvertently post something related to your injuries or case, do not go back in and delete it. This will appear as if you are trying to hide evidence, and the consequences can be worse than having the actual post discovered.
• Do not visit the social media sites or communicate with the defending party or their counsel. Leave that to your attorney.
• Refrain from posting “check-ins,” and these may be evidence that your injuries are not as serious as you claim. For example, if you claim to have suffered a shoulder injury, and you checked-in at the bowling alley, opposing counsel may use this to disprove your claim…even if you did not bowl.
• Do not post photos or videos, especially of your injuries or of any activities you participate in. Posting a video of you dancing when your personal injury claim states a neck injury will be very damaging to your case.
• Do not post rants about your doctors, attorneys, the defendant, or anyone else involved in your case. If you have an issue, discuss it with your attorney.
• Do not post about your settlement or any other outcome of your case. You could be violating confidentiality clauses or hurting future appeals.
• Be open and honest with your attorney. If you think you or someone else may have posted something that could hurt your case, make your attorney aware so s/he can be prepared rather than blindsided.
• If you cannot fight the urge to get on social media, limit usage to simply reading or liking others’ posts.

Following these tips will minimize the risk of having information from social media used against you. If you have any concerns regarding how social media activity may impact your case, discuss them with your attorney.

Even the most seasoned driver can get rattled by being involved in a car accident. You may experience an adrenaline rush, pain, a range of emotions, or any number of things that can affect your ability to stay calm, act rational, and accomplish the tasks necessary to get through the events that follow. Below are nine steps that will help you through the process.

GET TO SAFETY

Safety first! If the crash has put you in imminent danger, such as in the path of oncoming traffic or in an intersection, get somewhere safe. If your car is disabled and you are not injured, turn on your hazard lights, exit the vehicle, and move out of harm’s way when it is safe to do so. If your car is operational, you are allowed move it off the road. In fact, it is the law.

Have you noticed the highway signs that say, “Minor Crash. Move from Roadway”? They are based on Arizona’s Quick Clearance law, which requires parties involved in minor, non-injury collisions to clear the roadway as quickly as possible. Refusing to move your vehicle out of the travel lanes is dangerous for you, your passenger, other drivers, and emergency personnel reporting to the scene of the accident. It is unnecessary to keep your vehicle in its post-collision position. You can explain to the officer where and how the crash occurred. There will also be other evidence of the collision. Once your vehicle is off the road, turn it off and be sure your hazard lights are on.

The Quick Clearance law works in conjunction with the Move Over law, which requires motorists to move over one lane or, if that’s not possible, slow down as they pass a vehicle on the side of the road or highway with emergency lights blinking, such stranded motorists, road and highway workers, and first responders.

Keep in mind that safety is not limited to traffic dangers. If the other party to the accident appears to be aggressive, you are in a rough area, or something else feels off, listen to your instincts and stay in your vehicle until the police arrive. Aside from cracking your window to let the other person know that the police are on their way, refuse speaking to them. It is okay to be a little rude rather than put yourself in danger. Better safe than sorry.

CHECK FOR INJURIES

Once you are in a safe location, check yourself and passengers for injuries so that you can communicate to the 911 dispatcher whether an ambulance is needed. Again, better to be safe than sorry. Internal injuries, while not visible, can be life threatening. Fite Law Group recommends you request paramedics respond to the scene if, at a minimum, any of the following conditions apply:

• Pregnancy
• Recent surgery
• Head trauma
• Rollover collision
• Child in a car seat
• Heart condition and implant, such as pacemaker
• Mental or physical disabilities that might compromise a person’s ability to perceive his or her injury

If paramedics are on scene and offer to transport you or a passenger to the hospital, accept the offer. Many people worry about the cost of an ambulance and emergency room visit; however, if the other party is insured and at fault for the accident, these expenses should be covered. Cars can be fixed, property can be replaced, but you just have the one life. Make your health a priority.

CALL THE POLICE

Always call the police, even for minor fender benders. Some insurance companies require a police report to consider a claim. Many accident victims find themselves in trouble when neglecting to call police because they feel sorry for a teen or elderly driver, don’t have visible injuries or immediate pain, or just don’t want to cause a hassle. Without the benefit of a police investigation, you are giving the other party the upper hand and opportunity to talk to their insurance company or an attorney and provide their one-sided version of the accident.  So, while you think no harm, no foul, they are putting together a case. Call the police and let them do their job.

Always be polite to the police and the other driver during questioning.  Most Arizona officers use body cameras to record interactions. What you say or do out of frustration could be easily misinterpreted by an adjuster or a jury.

Do not offer information or elaborate. Be concise and provide the officer with basic information – just the facts and nothing more. Keep your emotions in check and DO NOT ADMIT FAULT. Traffic laws in Arizona can be confusing and hard to understand. It is your attorney’s job to argue who is at fault for the collision.

IDENTIFY WITNESSES

Hopefully, witnesses to the accident will have pulled over to assist. If they unable to wait for the police to arrive, get their name and phone number so they can be contacted for a statement. Independent witnesses can be critical if it comes down to a “he said, she said” dispute about who did what. They are especially crucial to intersection accidents. Independent witnesses can verify the color of the lights, the speed of the vehicles, and the sequence of events. Their word is taken more seriously and held in higher regard since they are not a party to the collision.

TAKE PICTURES

Smartphones have become a crucial part of documenting accidents, particularly before the police arrive. There are several things you will want to record at the scene as soon as possible. The first is photos of the crash. It costs nothing to take photos with your phone, so use it to its full advantage.  Take pictures of all the vehicles involved from a variety of angles, inside and out, especially if you can safely photograph them in the position that they stopped after the crash. Take pictures of the surrounding area from all angles (including roads, street signs, streetlights, etc.), debris in the roadway, visible injuries, bystanders, and construction or weather conditions that might have contributed to the crash. And do not get just close-ups. Take some from a wider angle so that the person viewing them months down the road can see the big picture.

Why are photos of the crash site so important? The insurance companies are likely to take pictures in a tow yard or onsite in a garage. They usually get close up photos of specific parts of a vehicle to show specific areas of damage for the purposes of creating an estimate for repair. They are not trying to help you prove your case.

The insurance companies may also try to argue that some damage was pre-existing or that it is not consistent with how you described the crash. Or they might argue that the impact could not have caused your injuries. But pictures from the scene of the accident are worth a thousand words – and could be worth thousands in compensation.

EXCHANGE INFORMATION WITH OTHER PEOPLE

This is another way your phone will help during an accident. Use it to snap images of the other driver’s insurance card, license plate, and driver’s license. You can also record the other driver’s contact information, along with that of witnesses and first responders. At a minimum, be sure you have the following information:

• Name and contact details
• Driver’s license and license plate number/state
• Insurance company and policy holder/number
• Witness name(s) and contact details
• Exchange card/report number (the police will give you an exchange card that will allow you to get a copy of the police report when it is ready)

TAKE NOTES

While the accident and events that follow are fresh in your mind, use your phone’s note app or voice recorder to document what happened and any particular details you think might be important, such as, did the other driver smell like alcohol or otherwise seem impaired? Was the sun setting directly in front of or behind you? Was there a sandstorm, rain, or other weather event? Also note the location of crash and specific details that will help, in conjunction with your photos, create a diagram.

GET MEDICAL HELP

Often, after an accident, people’s biggest concern is the state of their vehicle. If it is disabled, they worry about how to get to work or pick up the kids from school. We understand that the property damage is an especially important logistical problem for our clients; however, we want to ensure that they focus as much, if not more, energy on their own wellbeing.

To reiterate advice in no. 2 above, take the ambulance to the emergency room if it is offered. The paramedics will triage your most severe injuries and ensure that you get immediate care once you arrive at the hospital. Follow advice for any follow up care you are provided when released.

If your injuries were not severe enough to require a trip to the hospital, make an appointment to see a medical provider for a check-up just to make sure everything is alright. Be sure to get treated within your health insurance network if you can, but keep in mind that there are also doctors who are willing to work “on a lien,” meaning that they will wait for payment until your injury claim is resolved. These medical practices have a lot of experience working with car accident victims and can ensure that your insurance claim is handled seamlessly with your attorney. Medical providers that work on a lien often prefer to have an attorney involved in the case because it increases the likelihood that they will get paid. Fite Law Group can help you find a medical provider in your neighborhood that is willing to work on a lien.

HIRE AN ATTORNEY

Do not call your insurance company until you have hired an attorney. Do not give a recorded statement without talking to an attorney. You might think that it is the insurance company’s job to help you and pay your claim. In theory, that is true. In reality, an insurance company is a business. It brings in money in the form of premiums and makes money by paying out as little as possible. The insurance company will be looking for exceptions and exclusions in your policy so that it does not have to pay your damages. It will take a recorded statement and ask leading questions to get you to say something that reduces what the company must pay. It may even try to offer a small monetary settlement before you even know what kind of injuries or damages you have suffered. Let the attorney help you decide what your injuries and damages are worth – not the insurance company.
Does every case require an attorney? No. But it is free to talk to an attorney at Fite Law Group. Our founding attorney, Bear, is known for telling it like it is, so if he thinks you can handle the case on your own, he will happily let you know. If you do become a client, Bear will aggressively fight your case to get the compensation you deserve. Call (602) 368-1869 to set up your free case evaluation.

The beginning of the school year is when we begin to see an increase in the average number of fatal car accidents involving teens. Although the pandemic has delayed classroom learning for most districts, it is still a good time to remind parents and teens of some simple rules for inexperienced drivers that can help prevent accidents.

1. Teach your teen to drive defensively. Defensive driving is the act of driving as though everyone else on the road is out of their minds and likely to behave like they are at a roller derby. Teen drivers are not always responsible for the events that lead to a crash. Sometimes, it is a matter of failing to pay attention to what other drivers are doing – or not doing. To get their license, teens need to know the “rules of the road” intimately, but they also need to be aware that they share the road with others who may not always remember or follow those rules. Like the guy in the lane to their right doesn’t use his turn signal before changing lanes. Or the woman up ahead who slams on her breaks because she was too preoccupied with her kids in the back seat to notice traffic has come to a standstill. Think of the times you’ve been driving on the freeway where traffic is moving just fine when suddenly, the large truck in front of you suddenly brakes hard and swerves into the shoulder to avoid a crash. Or that time a vehicle ran a red light and nearly side-swiped you. Or, as is quite common in Arizona, that last car in the left turn lane determined to “make it” after the arrow has already turned red. Even the most experience drivers are sometimes reckless and, well, just plain stupid. These are the types of scenarios teen driver needs to be aware. It’s not necessarily a matter of not trusting them, it is not trusting everyone else.
2. Make sure your teen has plenty of time. We have all been a little late heading out the door, which causes us to drive a little faster and maybe not as carefully. As hard as it may be to get your teen out of bed in the morning, help him leave the house with plenty of time to get to wherever he is going without feel rushed. If he ends up running behind, tell him it is okay – better late than dead!  It sounds harsh, but it is true. Detention is temporary. Dead is forever. When inexperienced drivers feel rushed, they tend to pay less attention to safety and important rules of the road, such as using turn signals, driving the speed limit, and stopping when traffic lights are turning red.
3. Do not let your teen drive with other teens until they are capable. Studies have repeatedly shown that teen drivers are distracted by the presence of other teens while driving. They want to chat, play music, take photos, Facetime, and post to social media. Hard ground rule – no friends in the car until you are sure your teen is a confident, focused, and capable driver. On the plus side, the distraction factor does not usually apply to relatives, such as younger siblings, but still make sure your teen is a safe driver before assigning her soccer practice drop-off and pick-up duties.
4. Speaking of ground rules…Phones should not be anywhere near your teen driver’s hand while he is driving. Hopefully, you have modeled this good behavior. If not, you and your teen should be aware that in the State of Arizona, getting caught using a phone while driving can result in a ticket and a fine. Recent studies show that a person attempting to text while driving has the same accuracy, error, and response rate as a person who is driving under the influence of alcohol over the legal limit. Driving safety advocates have been working towards strengthening the law so that causing a crash while texting makes the driver subject to punitive damages, which are monetary awards for the victim that are specifically meant to punish the driver at fault, rather than just compensate for the victim’s injuries. This can be a very important distinction because almost every vehicle insurance policy excludes payment of punitive damages – meaning the money will come directly from your pocket regardless of how much insurance you have.
5. This rule is for the divas and social media stars. Do you know why people like to apply makeup, film videos, and take selfies in their car? It is because the natural lighting tends to be flattering. Make sure your teen knows that the car must be parked, turned off, and in a safe place before snapping that chat, Facebooking her story, or Instagramming a duck-face pic. There is a time and place to start the next big dance craze. Driving is not the time and any road is not the place.
6. Talk through what to do when things go wrong. Being a responsible driver requires knowledge, experience, and the collection of skills that are learned over time. Inevitable, something is bound to go wrong while your teen is behind the wheel, like getting a flat tire or running out of gas. Be sure your teen knows what to do to be safe while changing the tire or wait for assistance. You also need to ensure your teen knows how to respond if he is in an accident, such as make sure the other driver is alright; call the police; wait in a safe place near the scene of the accident; have your license, insurance card, and registration ready; explain what happened; etc. And, sadly, given a recent incident the occurred in Flagstaff, discuss with your teen driver what to do if she accidentally hits a pedestrian – call 911! Do not leave the scene, stay with the injured person until help arrives, apply first aid if trained, stay at the scene until the police have given the okay to leave, etc. There is no excuse for leaving the scene of an accident.

Even though you think your child is the most responsible teen on the planet and a super-careful driver, it is a good idea to do a ride-along once in a while to check on her skills and ensure she is driving responsibly.

And a final word of advice – if you have a teen that is getting ready to drive for the first time, consider enrolling them in a professional driving course. My mother would tell you it is well worth the money spent. As a parent, you may have a hard time seeing your kids as anything other than children. It can be terrifying to see your baby behind the wheel of a car…even if your “baby” is taller than you. And, being in the passenger seat, gripping the dashboard every time your teen hits the brakes, is unnecessarily stressful for you both. Professionals are specially trained to instruct inexperience drivers and they do not have the same emotional responses to your teen’s driving. Believe me, your heart and nerves will thank you. (Note: Some school districts still offer formal programs in place for Driver’s Ed. Research and take advantage of them if they are available.)

If your teen is involved in a serious accident, you may need the help of experienced personal injury attorneys. We are here to help. Feel free to call us at (602) 368-1869 or email [email protected].

All around Arizona, clients of the Fite Law Group are sporting a new accessory – branded face masks.

“We wanted to help our clients stay safe by providing comfortable, breathable, and reusable face masks,” stated Berin Fite, who manages the firm with his partner and wife, Jennifer. “They were encouraged to share selfies sporting their face masks on our Facebook page, and we had such a great response.”

Fite Law Group hopes that everyone will continue to “mask-up” and help prevent the spread of COVID-19.

Self-driving cars and trucks have become an increasingly familiar sight on the roads in and around Phoenix.  This exciting technology holds the potential to reduce a large number of auto accidents which are caused by human error. But it does pose an important legal question: Who is at fault for an accident caused by a self-driving vehicle? For the most part, existing statutes and case law do not adequately answer this novel question. There are several possibilities.

Products Liability: Manufacturers of consumer goods have an obligation to make their products reasonably safe for the consumers who will use them. Because of this, auto manufacturers can be liable for accidents caused by defective parts, equipment or systems. This is why some auto manufacturers issue recalls of faulty equipment. In such a case, the company’s lawyers and accountants have determined that it will be less expensive to recall the product than to pay the likely costs of lawsuits.

In the case of a self-driving car or truck, the vehicle will consist of many more consumer products and systems than those vehicles which are piloted by a human driver. An autonomous driving program which malfunctions may incur liability to the software manufacturer which developed the system, the hardware manufacturer which designed its parts, the systems engineer who integrated both systems together, or the manufacturer of the entire vehicle. Which manufacturer is liable will depend upon the exact nature of the malfunction which occurred. In many cases, more than one manufacturer can be liable for an accident caused by an autonomous vehicle.

The Other Driver: Autonomous driving technologies have impressive success rates. They are programmed with an enormous amount of data to predict an impressive variety of driving scenarios. They also eliminate human error in driving tasks (if not in the design process). For these reasons, it is highly likely that many accidents involving self-driving vehicles will be the fault of the other driver involved in the accident, and not the driver or manufacturer of the autonomous vehicle. In this situation, traditional rules of liability will apply. The responsible driver will be legally obligated to compensate the victim for all property damage, medical bills, pain and suffering, and lost wages which occur as the result of his or her negligence.

Just How Safe Are Self-Driving Vehicles?

Many drivers, government regulators, and politicians are adverse to a driving technology which completely eliminates the need for a licensed driver to be in the vehicle. Yet time and again, research demonstrates that self-driving vehicles are safer than vehicles driven by humans. C-Net reports that 94 percent of accidents caused by human error could be eliminated by the use of autonomous vehicle technology. “Human error” can constitute a wide variety of bad driving behavior. Drunk driving, drowsy driving, distracted driving and road rage account for thousands of traffic deaths every year across the United States – deaths which could be prevented by autonomous driving technologies which are impervious to such disruptions.

For some helpful tips on driving your non-automated car safer, read this article.

Aggressive Defense of Your Personal Injury Claim Arising From an Auto Accident

If you or a loved one has been involved in an auto accident – whether involving an autonomous vehicle or not – it is important to seek advice from an experienced personal injury attorney as soon as possible. Schedule your free consultation with the Fite Law Group by calling (602) 368-1869, or sending an email to [email protected]. Our friendly staff and experienced attorneys will conduct a thorough review of your claim in order to best protect your legal interests.

Every year, hundreds of thousands of Americans are injured in accidents across the United States. Auto accidents, workplace accidents, household accidents, medical malpractice, and many other types of negligences cause devastating financial losses to many families. It is important for injury victims to enforce their legal right to be compensated for financial losses caused by other person or company’s negligence. Not only is this a right protected by state and federal law, but such claims and lawsuits also hold defendants accountable for conduct which places other people at risk of injury and harm. In this way, the civil justice system makes daily life safer for drivers, workers, and patients across the country.

IMPORTANT CASES of 2017

The major civil lawsuits of 2017 demonstrate the wide variety of public health and safety issues which are addressed by the civil justice system on a daily basis. In Albuquerque, a federal judge allowed claims to go forward against a tobacco manufacturer which advertised its products as “natural”. CNBC reports that the lawsuits came after a 2015 finding by the U.S. Food and Drug Administration that the company had misled consumers about the risks associated with its products. In an agreement with the FDA, the company has since stopped labeling its products as “additive free”, and restricted the use of the “natural” label in its marketing products. These actions undoubtedly contributed to consumers’ feelings of injustice over being misled about the tobacco products.

CNBC also reports on important legal actions against General Motors as a result of defective airbags. GM has reportedly paid $2.6 billion in penalties and settlements as a result of defective ignition switches, which cause engines to stall and prevent airbags from deploying. This total includes a $900 million settlement with the U.S. Department of Justice in order to settle criminal charges resulting from the defect. As of November 30, 2017, there were still 1,723 unresolved personal injury claims resulting from the defective ignition switches. GM is now in private litigation to resolve these cases.

The opioid crisis was also a major public health problem in 2017. Many different legal tactics have been used to address the problem, and now the civil justice system is being used, as well. According to The Atlantic, the Attorney General of Ohio has filed a lawsuit against several large pharmaceutical companies. The lawsuit accused the companies of spending millions of dollars on marketing campaigns which trivialize the risks of opioids and overstate their benefits for chronic pain. This and similar lawsuits result from new and emerging evidence of the role big pharmaceutical companies may have played in creating the opioid crisis. In addition to heavy – and potentially dangerous – marketing efforts, pharmaceutical companies spend significant amounts of money to lobby both doctors and politicians to make their drugs more available to the public.

These are just three of the hundreds of example of important social issues which are addressed by the civil justice system in the United States. Public safety is very much affected by the actions of both large companies and individuals alike. When that conduct is dangerous, it places all members of the public in danger.

2017 has also been an unprecedented year in how civil lawsuits are handled. Some of the most significant changes were an attempt to make the process quicker and more efficient to account for all the new technology available to lawyers today.  Read further here.

THE IMPORTANCE OF A GOOD ATTORNEY
With the advice of an experienced Arizona personal injury attorney, injury victims can enforce their legal rights, hold negligent individuals and companies responsible for dangerous conduct, and help make America safer for everyone. Schedule your free consultation with the Fite Law Group by calling (602) 368-1869, or sending an email to [email protected]. We fight hard to protect injury victims’ legal rights and prevent defendants from harming other innocent victims with their dangerous conduct.

With so much media attention on drunk driving and other controversial accidents, it can be easy to forget that many dangers are right in your own home. According to WebMD, household accidents kill twenty thousand Americans every year. Another seven million people are injured in household accidents and require twenty million hospital trips annually. Many homeowners fail to realize the scope of the safety problem, simply because commonplace household accidents receive little – if any – media coverage. Nonetheless, these common accidents devastate thousands of American families every year.

The good news is that homeowners can take control of dangers hidden throughout the house and improve household safety dramatically. With effective preventative measures, the risk of sustaining a household accident can be reduced. And when household accidents do occur, injury victims have the right to be compensated by a homeowner’s insurance carrier. An experienced Arizona personal injury attorney can help ensure that you, your family, and any injured guests receive the compensation you deserve.

How You Can Perform a Safety Check of Your Home

Carol Runyan, the director of injury prevention research at the University of North Carolina at Chapel Hill, has identified the most common household accidents found by UNC researchers:

• Falls were the most common type of household accident. Homeowners can improve safety and reduce the risk of falls by keeping heavily-trafficked areas of the home free of debris. Perform regular inspections of walkways, and pay particular attention to rugs, which tend to bunch and skid. Elderly homeowners should also ensure that grab bars and other support structures are installed by toilets, showers, tubs, and other areas with a high potential for falls.
• Poisonings were the next most common risk. Surprisingly, the research found that these were not just accidental ingestion of poisons by small children, but also many instances of adults mixing prescription and/or illegal drugs. Homeowners should ensure that all medication is inaccessible to children and teens. Old medications should be disposed of appropriately. Be alert to any warning signs of a substance abuse problem from adult family members, so that medications can be restricted appropriately.
• Fires are also a major factor in household accidents. Homeowners should regularly inspect their smoke detectors, carbon monoxide detectors, and heating systems. All heating elements should be free of debris – especially flammable lint and dust. Open flames should never be left unattended. Set candles on a sturdy surface away from curtains and other fabric. Ensure that pets and children cannot accidentally knock them over. Take particular caution with Halloween jack-o-lanterns. Use safer alternatives – such as flashlights, glow-sticks, or battery powered LED candles – whenever possible.

The Right Representation  for Your Family’s Legal Rights

Consult an experienced Arizona personal injury attorney as soon as possible after any household accident. You and your family have the legal right to be compensated for household injuries through your homeowners’ insurance policy, and sometimes, it takes an aggressive attorney to enforce this right. Schedule your free consultation with the Fite Law Group by calling (602) 368-1869, or sending an email to [email protected]. Our experienced attorneys will ensure that you receive full and fair compensation for your injuries.

According to the Centers for Disease Control and Prevention, an average of six teenagers died every day in 2015 from motor vehicle injuries. And AAA reports that new teen drivers aged sixteen to seventeen are three times more likely to be involved in a fatal traffic accident than adults. Back to school season can be a particularly dangerous time for high school students, as high concentrations of young, inexperienced drivers increase the frequency of traffic accidents in and around school zones.

These studies corroborate decades of previous data which has established just how dangerous teen drivers can be. But what, specifically, are the factors that cause this danger? And how can parents address these factors in order to reduce their teen driver’s risk of having a car accident?

Specific Problems With Specific Solutions

Passengers are a critical problem for teen drivers. The New York Times reports that adding one non-family passenger to a teen’s vehicle increased the odds of having an accident by forty-four percent. Interestingly, distraction was found to be highest when male teen drivers had male teen passengers in the car. Male drivers with female teen passengers drove more safely.

Distracted driving is another serious problem which has spread rapidly across America with the prevalence of smartphones. Teens are not immune to this trend: Forbes reports on a Governors Highway Safety Association study which found teens to be the largest age group of drivers who were distracted at the time of an accident. While distraction is dangerous for any driver, is is particularly problematic for young, inexperienced drivers who are not always prepared to deal with obstacles in the road. Surprisingly, this study also found that teens were the second least likely age group to use a cell phone while driving. This suggests that, despite teens’ awareness of the risks of distracted driving, they are nonetheless still likely to crash on the relatively rare occasions when they do use a phone while driving.

The Research on Teen Drivers with ADHD

Attention-deficit hyperactivity disorder (“ADHD”) is a condition which many American children, teens, and adolescents suffer from. Among other symptoms. ADHD makes it difficult for the teen to concentrate on a single task. This lead a group of researchers to examine whether ADHD was correlated with higher rates of teen driver accidents. The findings, published in the Journal of the American Medical Association, were that:

(1) The crash hazard among new teen drivers with ADHD was 36% higher than the crash risk for teens who had not been diagnosed with ADHD.

(2) The risk for ADHD drivers remained elevated regardless of licensure type, gender, age, and medication.

Parents of teen drivers who have been diagnosed with ADHD should be particularly mindful of their teen’s driving habits. Extra training and supervision can help parents ensure that their teen’s ADHD symptoms are not interfering with safe driving behaviors.

Medication also slashes the risk of crashes for teens diagnosed with ADHD by an average of 40% according to the JAMA study.

Aggressive Defense of Your Family’s Legal Rights

If you or your teen has been involved in an auto accident, it is important to seek advice from an experienced personal injury attorney as soon as possible. Schedule your free consultation with the Fite Law Group by calling (602) 368-1869, or sending an email to [email protected]. Our friendly staff, experienced attorneys, and thorough review of your case will ensure that you receive the full and fair compensation you deserve.

Summer is the season of road trips. For motorcyclists, good weather means good opportunities to ride – especially outside of the Arizona heat! But increased traffic also increases your chances of being involved in a motorcycle accident. If you or a loved one is involved in a motorcycle accident, it is important to consult with an experienced motorcycle accident attorney who understands the unique needs of riders.

Summer is a dangerous time for motorcyclists in Arizona:

• According to the Governors Highway Safety Association, Arizona was in the top twelve states for number of motorcycle fatalities in 2015.
• 60% of the Arizona motorcycle fatalities in 2015 occurred between May and September.

 What Can I Do to Stay Safe?

• Always wear a helmet! Research consistently shows that helmets save lives, and that states with mandatory helmet laws consistently have fewer motorcycle fatalities that states without such laws. Wear a helmet, even when riding through states that do not require it.

• Stay visible. Motorcycles are smaller than passenger vehicles, and this makes them more difficult to see – especially at night or in inclement weather. Use reflective clothing and proper signaling to help other drivers see you.

• Don’t get distracted by technology. If your road trip is bringing you to an unfamiliar area, be sure to review your route ahead of time, so you aren’t distracted by navigation systems on the road. Motorcycle drivers must use greater physical control than drivers of cars or trucks. This makes smartphones and navigation systems even more dangerous to use for a motorcyclists.

• Make sure you have the proper skills and experience before you hit the road. There is a reason one must obtain a separate motorcycle operator’s license. This is only the first step, however. Continue logging hours on a variety of roads. Continue taking courses and learning about your motorcycle.

• Slow down! Speed is a factor in many motorcycle accidents. The best way to avoid a collision is to allow enough time to react to obstructions, traffic, and other road conditions.

• Use particular caution on weekends. According to the Arizona Department of Transportation, about one third of the 2014 motorcycle crashes in Arizona occurred on Fridays and Saturdays.

• Participating in organizations such as the Arizona Motorcycle Safety and Awareness Foundation can help you stay up to date on current motorcycle safety practices. Increasing public awareness is also important, both to increase safety practices in other riders, and to make other drivers aware of motorcycles on the road.

Contact Experienced Motorcycle Accident Attorneys

If you or a loved one has been involved in a motorcycle accident, it is important to seek advice from an experienced attorney who is familiar with motorcycle accident cases. Schedule your free consultation with the Fite Law Group by calling (602) 368-1869, or sending an email to [email protected]. Our attorneys have the experience and skill necessary to address the unique needs of motorcycle riders, and our staff offers the personalized attention necessary to get the compensation you deserve.

Car insurance coverages vary in Arizona depending on how much you want to pay, but there are specific minimum coverages required. These can cover property damage, uninsured motorist coverage, medical payments coverage and more.

In the event of an accident, $5,000 is the amount advised for medical payments coverage. If you were to pay more, the money would be reimbursable to the insurance company. You must be insured for liability in Arizona in the amounts of at least $15,000 per person, or $30,000 per crash.

Liability insurance is required to show “financial responsibility” that can stem from an accident. Financial responsibility is proving you can pay if you are involved in an accident where you are at fault. All that is needed is proof of having car insurance in the state. Otherwise, the DMV says you can be forced to pay $250 or have your license suspended for up to three months the first time you fail to show proof.

The property damage minimum is $10,000 in Arizona for car coverage in an auto accident. However, as most cars are worth much more than ten thousand dollars today, we recommend having $25,000 to $50,000.

If you have important and more expensive assets, it is recommended to have more coverage. This way, you are adequately protected. It is possible to obtain high limits, even at $500,000, as well as what is known as an umbrella policy. The umbrella policy is a term for having more insurance, or additional liability, and can be cheaper to have than you think.

You also need to have uninsured and underinsured motorist coverage, which can cover medical expenses and lost money when you are involved in an accident with an uninsured driver or vehicle. Many people choose not to insure at a rate of up to 10.6% of drivers in Arizona as of 2012. The national average is higher at 12.6%, or about one out of every seven people. This average is steadily growing, so it is important to have your own insurance.

Ultimately, what kinds of coverage to have and the limits of that coverage are a personal decision based on your needs and the amount you can afford to pay for insurance.  Remember to shop around, check lots of different auto insurance companies and ask for rate quotes that include uninsured and underinsured motorist coverage to see if it is affordable for you.

Sources:

https://www.azdot.gov/mvd/VehicleServices/insurance-information
http://www.dmv.org/insurance/uninsured-motorist-coverage.php
http://www.iii.org/fact-statistic/uninsured-motorists
https://www.geico.com/information/aboutinsurance/umbrella/