Category: Car Accidents

In my experience as an injury lawyer, I have found that insurance companies in Arizona and other states try to payout as little as possible on personal injury claims. Insurance is a business. The less they pay on claims, the bigger their profits. All too often insurance adjusters try to settle claims with accident victims for a much smaller amount than the true value of the injury case. Further, major insurance carriers have high-end computer software, skilled insurance adjusters and tough defense lawyers at work on their behalf.

On the other hand, the average accident victim has no experience, no computer software and no idea what they are doing. Claimants moving forward without dedicated injury lawyers helping them are at a huge disadvantage. I cannot stress how important it is to have counsel fighting for you.

One issue that has been in the news lately is the computer programs that some insurance companies use when evaluating a personal injury claim for settlement. A number of companies and insurance adjusters use a program called Colossus to determine the value of a case. Insurance carriers like Allstate that use the program claim that Colossus enables people hurt in accidents settle their cases in a timely matter for a fair amount of money.

The problem with Colossus is the program can be manipulated, which results in smaller personal injury settlement offers to consumers, according to Mark Romano, a former claims project manager at Allstate. Romano spoke out in a June 2012 report entitled “Low Ball: An Insider’s Look at How Some Insurers Can Manipulate Computerized Systems to Broadly Underpay Injury Claims,”

In theory, Colossus was intended to aggregate claims based on the severity of injuries sustained in accidents. Settlement ranges are determined by entering past injury claim payouts into the system. According to Romano, in order to manipulate the program larger accident settlements were often omitted by Allstate. Romano claims that this omission created a settlement range that was around 20% less than the actual value of each claim. Romano further alleged that Allstate would encourage its insurance adjusters to claim that injury plaintiffs were somehow negligent in accidents. This was done to try to reduce settlement payments.

Computer Sciences Corporation is the company that created the Colossus program. In 2005 they, along with several auto insurance carriers, were hit with a number of class-action lawsuits. In the filings customers alleged that insurance companies were using the program to underpay them on personal injury cases. Several years later an investigation concluded that Allstate needed to use much more oversight when using Colossus to evaluate claims. Further, Allstate agreed to pay out a $10 million settlement due to the manner in which it used the computer program for policyholder claims. Allstate also agreed to inform the public that it may be using Colossus to evaluate personal injury cases in the future.
Continue reading “Handling your personal injury claim without a lawyer?”

A car crash involving four vehicles in Mesa, Arizona has resulted in the death of an 87-year-old man. Two others involved were hospitalized with serious injuries.

The collision took place around 1:45 PM on Sunday in the area of 2900 N. Recker Rd. It is being reported that an 85-year-old woman caused a head-on collision by driving her Lincoln SUV in the wrong direction, striking a Mazda van. The accident caused the van to flip over, while the SUV spun out and struck a Chevy Cavalier and a Jeep Cherokee.

Accident witnesses state that just prior to the accident the Lincoln SUV had failed to stop at a red light at the intersection of Recker and McDowell Roads.

The person that was killed was a passenger in the Lincoln SUV. The elderly SUV driver was taken to a local hospital with life-threatening injuries. Two occupants in the Mazda van were also injured.

Mesa police officers state that it is not known why the driver went the wrong direction, and that their investigation is ongoing.

Unfortunately head-on collisions in Arizona are not uncommon. The Arizona Department of Transportation reports that there were 1,525 head-on collisions in 2011. In those accidents, 54 involved fatalities and 735 involved injuries. While head-on collisions represented only 1.8% of all Arizona accidents in 2011, at the same time they represented over 12% of fatal accidents. This statistic demonstrates the extreme danger of head-on collisions.

Beware of nighttime driving: According to the National Highway Traffic Safety Administration, fatal head-on collisions and other collisions are three times more likely to occur during nighttime hours. Around 50% of vehicle occupant deaths across the United States occur at night, even though only about 25% of all driving is done after dark.

Someone hurt in a Mesa car crash could be entitled to obtain a financial recovery for his or her pain and suffering, medical expenses, injuries, lost income, and other damages. The family of an accident victim who died due to the negligent driving of another motorist may have a wrongful death claim to pursue. If you or a loved one has questions after being injured in a collision, we strongly advise you to contact an experienced auto accident attorney as soon as possible.
Continue reading “Arizona auto accident – 1 dead, 2 injured”

Rear end accidents occur often in the Valley of the Sun. Drivers and passengers struck from behind can suffer broken bones, back and neck injuries (whiplash), spinal cord injuries, severe head trauma, and sometimes death. Most crashes from the rear are caused by a driver failing to pay attention or following too close. Sometimes these accidents are caused by distracted drivers; people texting or talking on a cell phone, or even playing with the radio, eating or drinking.

A rear-end car accident victim can recover compensation for medical care, pain and suffering, bodily injury, and loss of income sustained from an accident. Sometimes insurance adjusters unfairly deny personal injury claims of accident victims who were struck from the rear, or an adjuster might make an low settlement offer, knowing that a person is not represented by counsel.

Recently our office reached a $35,000 settlement for a client who was rear-ended back in November of 2011. She was driving eastbound on Pecos Road in Phoenix and as she approached the intersection with S. 40th Street. The light was red and a car stopped in front of her. She brought her vehicle to a complete stop behind the other car.

At that time our client was hit from behind by another driver who failed to notice the red light and failed to notice traffic come to a stop. The defendant struck the rear of our client’s car with the front end of her vehicle. Our client was thrown forward in her seat and her car struck the vehicle in front of her.

The Phoenix Police Department responded to the crash. At the scene of the accident the defendant admitted she was at fault.

The plaintiff had a headache immediately after the accident, along with back and neck pain. Overnight and the next morning her pain intensified. Several days later she followed up with a physician.

At that time she complained of migraines, neck pain, back pain, nausea, and trouble concentrating. Her injuries were affecting her daily activities and her pain was made worse with sitting, movement, and working. She was diagnosed with migraines, cervical sprain/strain, thoracic and lumbar pain. A course of physical therapy was prescribed to eliminate her muscle spasms, increase her range of motion and return her to normal activities without pain.

The case settled without having to go to court, saving both sides the cost of litigation.
Continue reading “Settlement reached in Phoenix rear-end auto accident case”

Aggressive driving is a major concern of drivers on roadways across the country. As a matter of fact, aggressive driving is ranked as one of the top traffic safety issues in national surveys. In the state of Arizona, law defines aggressive driving as:-Speeding and at least two of the following: failure to yield right of way, following too closely, unsafe lane change, passing on the right out of regular lanes of traffic or failure to obey traffic control device, and is an immediate hazard to another person or vehicle.

There are only 15 states that address aggressive driving behaviors in their legislatures. Luckily, Arizona is one of those states, according to the Governors Highway Safety Association (GHSA). Officials with GHSA are urging states to step up in the fight against these dangerous drivers. To help to reduce the risks of aggression-related car accidents, GHSA recommends the following:

-The National Highway Traffic Safety Administration (NHTSA) should consider sponsoring a campaign to push enforcement efforts, to raise awareness and to educate drivers about the dangers of aggressive driving.

-Local and state officers should consider tackling speeders and aggressive drivers at the same time, especially since speeding is common among aggressive drivers. This would also be an effective route of enforcement because the driving public typically sees aggressive driving as more dangerous. The public would typically support this kind of effort compared to one that only targets speeding drivers.

Ninety percent of drivers who were surveyed by GHSA said that they felt that aggressive driving is unacceptable. Still, about 50 percent of these same drivers admitted to engaging in aggressive driving behaviors.

Aggressive driving may be more common on our roadways because our roadways are typically more crowded nowadays. As a matter of fact, the number of vehicle miles driven is up nearly 40 percent over the last 10 years. There are more vehicle miles driven because there are more vehicles on our roadways. During that same period of time the number of miles of roadway has only increased by 1 percent. That’s a lot more vehicles and a lot more travel on just about the same amount of road. With the driving public in a hurry and our roadways congested, we’re left with a recipe for aggression. Drivers are urged to ignore aggressive drivers that they run into on our roadways. Never return the aggressive behavior. Stay calm and stay away from that driver. Report them to officers to help keep our roadways safe for all. Stay calm, stay alert and stay safe on our roadways. Don’t let aggression get the best of you!
Continue reading “State Law Fighting Aggression-Related Car Accidents in Arizona”

According to a recent release from the Governors Highway Safety Administration (GHSA), speed continues to be a top factor in nearly 30 percent of all fatal car accidents in Phoenix and elsewhere. This new release comes with a number of recommendations from GHSA regarding ways for state and local government officials to help to fight speeders on our roadways. Although campaigns have helped to reduce the risks associated with nearly every other kind of driving danger, speeding is still a top contributor. As a matter of fact, there were more than 10,500 people who were killed in speed-related car accident in the U.S. in 2010.Unfortunately, the fatalities associated with speed-related accidents haven’t seen any kind of reduction in the last 12 years. As a matter of fact, these kinds of fatal accidents have increased nearly 10 percent since 2000. The increase was despite a 25 percent increase in the use of seat belts in fatal accidents and a 5 percent decrease in alcohol-related accidents.

Speed continues to be only area of highway safety that hasn’t seen a reduction in nearly 30 years. Still, there’s nothing forcing drivers to speed. It’s just a result of dangerous driving habits and little emphasis on roadway safety.

Many states are going the wrong way in fighting speedy drivers. As a matter of fact, there are 7 states that have raised the speed limits to more than 80 miles per hour on some roadways. These states went against the grain and against evidence that concluded that accidents were more likely with higher speed limits. On the other hand, there are only 2 states that have raised their fines for drivers busted speeding. Another 3 states have launches new “super” or “excessive” speeder classifications.

The public doesn’t seem to be too worried about speeders either. According to a recent survey that was conducted by GHSA, nearly 80 percent of drivers responded with a “public indifference to speeding.” About 60 percent responded with a “public perception that speed enforcement is just a revenue generator” response. Another 45 percent of respondents cited “lack of federal funding for enforcement” as the reason why speeders are so common on our roadways.

Right now, there are 35 states that are experiencing a reduction in available enforcement officers to target speeds.

“Not having enough officers available to conduct speed enforcement…makes it difficult to convince offenders that speeding is unacceptable,” said Troy E. Costales with GHSA.

GHSA suggests that states start targeting speedy drivers through aggressive driving enforcement campaigns. This is suggested because the public typically views aggressive driving as more of a threat than speeding. The second recommendation is that officers should target speedy drivers in work zones and in school zones. These areas typically get more support for enforcement efforts.
Continue reading “Speeds Increasing Risks for Car Accidents in Arizona”

It’s a scary thought – letting your teen out on our roadways without a supervising driver. Luckily, there are monitoring tools that can help parents to keep an eye on their newly-licensed drivers, even when they’re not able to ride with them.

My Northwest recently reported about the Tiwi device, which is a device that can be installed in the windshield of your teen’s car. It knows where the car is, how fast it’s traveling and even the speed limit of the road it’s traveling on. This information is then passed on to the parents of these teen drivers, allowing them to keep an eye on their young driver’s habits behind the wheel and to help to reduce the risks of car accidents in Phoenix and elsewhere.The device also comes with a cellular modem and a GPS. This device is able to warn drivers about dangerous driving habits. If teens don’t listen to these warnings and they don’t shape up, then parents will be notified immediately.

Our Phoenix car accident lawyers understand that teen drivers face some of the highest risks for car accidents on our roadways. These drivers are not equipped with the same driving experience as you and me. When our teen’s graduate from the GDL program, it’s important to stay on top of their driving habits to help ensure a safe driving career. Luckily, these devices and cell phone apps can help to keep an eye on these drivers even when parents can’t be present in the car.

Like the Chicago Sun-Times reported, there are a number of smartphone apps that parents can use to keep an eye on their teen’s driving behavior.

–iGuardianTeen: This app can monitor G-force readings in your kid’s vehicle, meaning if they’re taking turns too fast then parents will be notified. The app also allows parents to see into the vehicle when these G-forces are too high. Parents are notified immediately if the phone has been turned off or if the app has been terminated.

–Speedbump: This app lets parents control the speed. Parents can set speed limits for different roadways in the area. When these speeds are exceeded, parents are notified. If the app is disabled, parents are also notified.

–MobileTeen GPS: This device can notify parents about their teen’s whereabouts. These notifications can be sent every five minutes if the parents want. Parents can also set up unacceptable driving areas, which alerts parents in their teen is driving in places they’re not supposed to be.

Do these devices help keep teen drivers on the road to safer driving habits?

“‘Yes, they absolutely work,'” said Peter Kissinger, with the AAA Foundation for Traffic Safety.

Keep an eye on the teen driver in your life. Make sure that they know what is expected of them behind the wheel. Make sure they understand that driving is a responsibility and shouldn’t been taking lightly.
Continue reading “Smartphones Actually Reducing Risks of Teen Car Accidents in Phoenix and Elsewhere?”

Every day, there are about four families across the U.S. that have the unfortunate task of burying a loved one who is killed as a result of a backover car accidents. What’s even worse is that many times these loved ones are children who have been backed over by a motor vehicle and killed, according to AZ Central. Many times, these accidents happen when a child or an elderly loved one gets caught in a vehicle’s blind spots. These accidents are a top concern for officials, but it seems that the solution may be a little farther away than we initially thought.Safe-driving advocates have been saying for years that these types of car accidents in Phoenix and elsewhere could be prevented if more vehicles were equipped with rear-view cameras. We could have seen more cars with this technology a lot sooner if the National Highway Traffic Safety Administration (NHTSA) had kept to its initial proposals to have camera technology in all new-model vehicles by 2014. While officials were supposed to finalize this rule in late February, it has now been postponed until later this year. Pressure from the automobile industry is being blamed for the delay.

Our Arizona car accident attorneys understand that nearly 115 lives could be saved if all new-model cars had these rear-view cameras. In addition to that, officials believe the technology has the ability to prevent more than 7,500 injuries. Officials with the NHTSA have been working to require backover cameras in new cars to help to reduce these risks.

“While the Department has made progress toward a final rule to improve rearward visibility, it has decided that further study and data analysis — including of a wider range of vehicles and drivers — is important to ensure the most protective and efficient rule possible,” said the NHTSA.

Now, the final rule may not be issued until the 31st of December.

According to Janette Fennell, president and founder of KidsAndCars.org, this is the third delay this rule has been through. She says that already in 2012, she knows of 11 kids who have been killed in these kinds of accidents. There could be many more. She adds that were only going to see more until someone does something about it.

About four years ago, Congress first passed the Cameron Gulbransen Kids Transportation Safety Act. This act was a result of a backover accident in which a father ran over his 2-year-old child in his own driveway.

Nationwide statistics reveal that there are nearly 250 people killed and another 17,000 injuries every year in backover accidents that involve a passenger vehicle.

“Every vehicle has a blind zone immediately behind the rear bumper,” said Ami Gadhia with the Consumers Union.
Continue reading “Higher Risks for Backover Car Accidents in Phoenix and Elsewhere with NHTSA Delay”

As a Phoenix car accident attorney who deals with the fallout of collisions on an ongoing basis, it’s hard not to notice that driving a car can be more like playing a video game nowadays. From the driver’s seat, we can search thousands of radio stations, request driving directions, surf the web, make phone calls, send text messages, update our Facebook status and adjust many other features of our vehicle. While many of these devices are designed to be voice-operated and hands-free, not everyone’s buying it. The main arguments against these devices are that we’re compromising roadway safety with all of these unnecessary distractions.Recently, the National Highway Traffic Safety Administration (NHTSA) submitted a set of recommendations to car makers, asking them to tone down the technology to help keep drivers’ attention on the road and to reduce the risks of car accidents in Phoenix and elsewhere. The NHTSA isn’t asking that these devices be completely eliminated from all cars. The agency is simply asking that these devices be disabled when a car is in drive, according to the Arizona Daily Star.

There are a lot of in-car technologies designed to help make driving a little easier and our roadways a little safer. These are things like the advance warning systems that alert you before you encounter a potential accident. These types of safety devices are exempt in the NHTSA’s proposal. Gloria Bergquist with the Alliance of Automobile Manufacturers says that automakers already have their own guidelines that they’ve been operating under since 2002. She says that drivers are going to talk on the phone and chat with passengers and look for directions and listen to music while they’re driving – no matter what. She says we might as well offer them a safer way to do it.

“The guidelines we’re proposing would offer real-world guidance to automakers to help them develop electronic devices that provide features consumers want without disrupting a driver’s attention or sacrificing safety,” said NHTSA Administrator David Strickland.

Bergquist says if we don’t have these devices available in today’s cars, drivers are going to go back to talking on a hand-held phone and looking at actual paper maps, which is even less safe. There’s got to be a happy medium.

Despite the government’s proposal, Bergquist says it’s not a good idea to turn these devices off while the car is moving. There are often passengers present who are good candidates for working these devices. She adds that if GPS devices are disabled while the car is in drive, motorists will simply start bringing their own hand-held GPS devices with them, which will ultimately defeat the purpose.

Barbara Harsha, with the Governors Highway Safety Association, says that these new recommendations from the NHTSA are a good step in achieving better driver attention. She says there should be no in-car electronics – just the car, the driver and their eyes on the road.
Continue reading “Phoenix Car Accidents to be Reduced Under New Guidelines”