Anyone injured in a car accident because of someone else’s fault is entitled to be compensated for the following:
- Medical expenses
- Lost wages
- Intangibles such as pain and suffering
- Property damage (Car rental, repair/replacement) if applicable.
Early investigation of accidents can be crucial in obtaining compensation for injuries/property damage. The investigation might include photos of scene, measurements, witness interviews etc. Busby, Bell & Biggs has a full time investigator/photographer on staff.
According to many popular cycling magazines, Tucson is considered one of the top 10 bicycle friendly cities in the nation. Tucson has been said to have the most bike-lane miles (over 620) in the nation (www.bicycling.com). Bicycle riding is a popular form of transportation in Tucson and other cities in southern Arizona and is also a popular hobby for many people. Unfortunately, the increase in bicycle traffic has also resulted in an increase in bicycle accidents and fatalities. According to the most recent National Highway Traffic Safety Administration (NHTSA) data, in 2011, 677 pedal-cyclist were killed and an additional 48,000 were injured in motor vehicle traffic crashes.
When a car hits a cyclist, the resulting injuries tend to be severe as bike riders have little protection against an impact with a vehicle. Bicycle accident injuries include fractures, sprains, and dislocations, as well as more severe injuries including traumatic brain injuries (TBI), concussions, fractured vertebrae, and even the loss of limbs.
Important Safety Reminders for Bicyclists and Motor Vehicle drivers who share the road with them
(from the NHTSA).
All bicyclists should wear properly fitted bicycle helmets every time they ride. A helmet is the single most effective way to prevent head injury resulting from a bicycle crash.
Bicyclists are considered vehicle operators; they are required to obey the same rules of the road as other vehicle operators, including obeying traffic signs, signals, and lane markings.
When cycling in the street, cyclists must ride in the same direction as traffic. Drivers of motor vehicles need to share the road with bicyclists.
Be courteous—allow at least three feet clearance when passing a bicyclist on the road, look for cyclists before opening a car door or pulling out from a parking space, and yield to cyclists at intersections and as directed by signs and signals.
Be especially watchful for cyclists when making turns, either left or right. Bicyclists should increase their visibility to drivers by wearing fluorescent or brightly colored clothing during the day, dawn, and dusk.
To be noticed when riding at night, use a front light and a red reflector or flashing rear light, and use retro-reflective tape or markings on equipment or clothing. (NHTSA’s Office of Safety Programs)
If you are a bicyclist who has been injured in auto accident, or someone close to you has been injured or killed in a bicycle accident, it is important to consult an experienced personal injury attorney to ensure you receive full and fair compensation. Contact our office today for more information. There is never a consultation charge to talk to an attorney at Busby, Bell & Biggs. Free home and hospital consultations are available.
Pedestrians are injured every day in Tucson and surrounding Arizona cities and towns. Accidents can occur when crossing the street, jogging, walking on the street or even on a side-walk.
Pedestrian accidents can happen in many ways. Most often an automobile driver is not paying attention and the pedestrian is struck in the middle of a crosswalk. Whatever the cause, the consequences of pedestrian accidents are devastating. Those who survive are often permanently disabled and unable to work.
When cars collide with pedestrians, there is high potential for serious injury or death. The injuries victims tend to suffer in pedestrian accidents often involve head, neck, back, and limbs. Injuries consists of fractures, sprains, dislocations, tears to muscles, tendons, and ligaments, and friction burns from pavement. Catastrophic injuries can consists of traumatic brain injuries, spinal cord injuries and amputation, just to name a few.
The victims of pedestrian accident often face a lengthy recovery period, as well as some sort of long-term consequence and future medical treatment.
Frequent Causes of Pedestrian Accidents
- Excessive speed and failure to control speed
- Inattention while driving
- Distracted driving, including cell phone use and texting
- Drunk driving
- Motorists rolling through stop signs, especially when making right turns
- Motorists making illegal or unsafe u-turns
- Dangerously designed intersections
- Poorly timed signals at cross-walks
- Street repair and construction sites
- Dangerous sidewalk conditions, including uneven pavement, cracks, and debris
- Trees, posts, signs, utility poles, and other obstructions blocking visibility
Important Safety Reminders for Pedestrians
Wait for traffic to stop – You can never assume a driver will stop for you. The safest practice is to wait for all traffic to come to a complete stop before crossing the street.
Cross in crosswalks – It is safest to cross roads in designated crosswalks. Usually, drivers are alerted to approaching crosswalks by road signs or traffic lights. Drivers are required to yield the right-of-way to pedestrians crossing streets in marked or unmarked crosswalks in most situations.
Look both ways – A defensive pedestrian is a safe pedestrian. Even if you are in a crosswalk and all traffic has stopped, it is still a good idea to look both ways for oncoming vehicles. If a parked vehicle
The popularity of riding a motorcycle is attributed to the low initial cost of a motorcycle, good fuel efficiency, and use as a pleasure vehicle.
Because motorcyclists have little protection once an accident does occur it is important for the motorcyclist to do all they can to avoid an accident and to reduce the risks of injury. Motorcycle riders should exercise extreme caution in anticipating another motorists’ conduct, conducting a safety check of their motorcycle, not riding at certain times, and by wearing protective clothing to minimize injuries. Although helmets can save lives, motorcyclists have little else to rely on should a crash occur.
Important Safety Reminders for Motorcyclists
Always wear a helmet when riding a motorcycle. (Arizona Law – An operator or passenger of a motorcycle, all-terrain vehicle or motor driven cycle who is under eighteen years of age shall wear at all times a protective helmet on the operator’s or passenger’s head in an appropriate manner.)
If the helmet has no face shield, wear goggles too. (Arizona Law – An operator of a motorcycle, all-terrain vehicle or motor driven cycle shall wear at all times protective glasses, goggles or a transparent face shield of a type approved by the director unless the motorcycle, all-terrain vehicle or motor driven cycle is equipped with a protective windshield.)
Protect your body from abrasion in case of a spill by wearing a leather jacket, long pants, leather gloves, and boots. At night wear clothing with reflective strips.
Drive defensively; motorists often don’t see a motorcycle until it is too late. Even if you have the right-of-way at an intersection, slow down and be prepared to stop or swerve. Never weave in and out of traffic, and never pass a vehicle on the right. Look well ahead so that you can avoid sand patches, potholes, obstructions, and animals.
Check your rear-view mirrors often, especially when you stop at an intersection. If you see a car approaching rapidly, tap the brakes repeatedly to make the brake light flicker.
Be sure that the tires have sufficient tread and are properly inflated.
Keep your motorcycle in good repair. Read the owner’s manual and follow all recommendations.
Make sure you are properly trained when riding a motorcycle. Motorcycle safety courses are offered by various organizations. Ask your motorcycle dealer for details.
Premises liability is a broad area of personal injury law that defines the responsibility of those in possession of land or property for injuries suffered by persons on the premises. This practice area covers a wide variety of personal injury cases including but not limited to:
- Trip and Falls
- Slip and Falls
- Falling objects
- Electrical injuries
Essentially, if you are injured on another person’s property because the conditions of the property were unsafe or dangerous, you may have a premises liability case.
Electrical shock or electrocution accidents can have serious, often fatal, affect on a person. The damage that can be caused from exposure to an electrical shock includes cardiac arrest due to the electricity’s effect on the heart; muscle, nerve, and tissue destruction from an electrical current passing through the body; and thermal burns from contact with the electrical source.
Electrocution injuries can occur at any time and in a variety of ways. High voltage electrical lines are virtually everywhere and when contacted can result in devastating injuries including loss of limbs. Contact with high voltage electricity often results in death. Some people who have come into contact with an electrical power source do not show serious outward signs of injury, but their internal organs may have been damaged.
Most people do not realize that serious injury and death can also result from contact with a very small amount of electrical current. Electrical shock from a small amount of current is often the result of a defective product such as appliances, power tools, or medical devices. Faulty installations or repairs can also result in electrocution and is a primary cause of electrical accidents in the home.
If you have suffered an injury or a loved one has died due to contact with an electrical line, or while using a power tool, household appliance, or other electrically powered product, contact the attorney’s at Busby, Bell & Biggs. The attorney’s at Busby, Bell & Biggs have been successful in representing construction workers, maintenance personnel, cable pullers and miners, and others who suffered electrical burns and injuries as a result of contact with high voltage lines. We have also represented children and adults who have been injured by electrical shock as a result of faulty wiring or repairs.
A slip and fall caused by dangerous conditions in a store, restaurant or other commercial location can be devastating. Landowners have a duty to keep property in a safe condition and to clearly warn you about potential dangers. When they fail to meet their obligations and you are injured as a result, you may have the right to recover compensation.
Examples of hazardous conditions but not limited to:
Wet, polished, or waxed
floors When tile, vinyl, or laminate floors are wet because of leaks, spills, or the application of floor polish or wax, they can become slick and more likely to cause slip and fall accidents. Property owners should always post signs warning people of slick and dangerous floors.
Food or other spills on floors
Food or other slippery items could spill on floors and create a fall hazard. This can happen in food preparation areas and in stores that sell food or other liquid or slippery products. For example, a jar in a grocery store could break open and cause a fall risk.
A fall caused by dangerous conditions in a store, restaurant or other commercial location can cause devastating injuries. Landowners have a duty to keep property in a safe condition or to clearly warn you about potential dangers. When they fail to meet their obligations and you are injured as a result, you may have the right to recover compensation.
Examples of some dangerous conditions:
- Uneven or cracked side-walks
- Potholes that are not blocked off
- Obstructions in store aisles
- Construction debris
- Wires strewn across floors
- Loose carpeting
- Items left on stairways
- Falling objects
- Inadequate lighting
- Water or other liquid on the floor
- Unreasonably slippery floors
They may be known as “Man’s Best Friend,” but it’s important to remember that dogs may bite when they feel threatened, scared, or want to protect their owners. Dog owners are responsible for the actions of their animals under most circumstances.
A victim of a dog or other animal bite knows that it can be very traumatic. Animal bites can also result in significant injuries, including infection, scarring and panic attacks. Scarring and other physical and emotional issues can be complicated by age and other factors.Contacting an experienced personal injury attorney has nothing to do with you being a “dog hater” or going after the owners of dangerous dog breeds. You may be legally entitled to be compensated for the medical bills, lost wages, scars, emotional trauma and pain and suffering caused by the dog bite.
If bitten by a dog or other animal, it is important to identify the dog or animal and the owner as soon as possible. It is important to determine if the animal has been vaccinated. A dog owner’s home-owner’s insurance will often cover the damages caused by the owner’s pet.
Important dog safety tips from the Center for Disease Control
Examples of some dangerous conditions:
- Do not approach an unfamiliar dog.
- Do not run from a dog or scream.
- Remain motionless (e.g., “be still like a tree”) when approached by an unfamiliar dog.
- If knocked over by a dog, roll into a ball and be still.
- Tell children they should not play with a dog unless supervised by an adult.
- Avoid direct eye contact with a dog.
- Do not disturb a dog that is sleeping, eating, or caring for puppies.
- Do not pet a dog without allowing it to see and sniff you first.
A “wrongful death” occurs when a person dies as a result of reckless or negligent behavior of another. An Arizona wrongful death claim is intended to recover damages the survivors have suffered. According to Arizona law, a claim may be brought on behalf of the surviving husband or wife, children, parents, or the deceased’s estate.
Examples of situations that result in wrongful death actions include:
Important dog safety tips from the Center for Disease Control
Examples of some dangerous conditions:
- Car Accidents
- Truck Accidents
- Bicycle or Pedestrian Accidents
- Motorcycle Accidents
- Medical Malpractice
- Defective products
- Workplace accidents
- Medication Errors
The effects of a wrongful death incident can be far-reaching. After a loss, families can be left with large debts, significant medical and funeral bills, and a loss of income that cannot be replaced. This financial burden will come as a shock to a family still recovering from the loss of a loved one. The primary reason for a wrongful death suit is to ease the overall burden, by providing monetary compensation for the family that has been emotionally and financially injured.
One of the most commonly asked questions or concerns after an auto-mobile accident is “what about the damage to my vehicle?” If your vehicle is damaged in an accident, the at fault party or their insurance company is obligated to pay the cost of repairs or the fair market value of the vehicle, whichever is less. The at fault party is only liable for the damage they caused. They do not have to pay for any pre-existing damage or sentimental value.
If the repairs to your vehicle are greater than the value of your vehicle, it is deemed a total loss and the at fault party owes you the fair market value of your vehicle. Busby, Bell & Biggs works to get you paid the “fair” market value, not what the insurance company’s appraiser says the value is. They also assist in arranging to get your vehicle to a repair shop of your choice.
If you were involved in an accident but not injured and just have questions about your property damage, call Busby, Bell & Biggs. They will answer your questions.
Getting a Rental Car After an Accident
Getting a rental car after you have been in an accident can certainly make life much easier, whether your need is to get to doctors appointments, or to work or school. Getting a rental car after your accident depends on which insurance company you are dealing with and the facts of the accident. If you are getting a rental car using the rental coverage you purchased from your insurance company, that insurance company should assist you in making those arrangements.
Remember, when using your own insurance company’s rental coverage you are bound by the terms of your insurance policy, which typically only allow for a certain number of days of rental and/or a maximum daily allowance for the cost of the rental vehicle. Most rental policies also have a cap on the maximum amount your insurance company will pay for the total duration you are in a rental car. Some insurance company only pay a percentage of the daily rate of your rental costs. Make sure to read your policy and to clarify with the rental company what the insurance company has agreed to pay. Most misunderstandings concerning renting a vehicle end up costing you money. That is why it is important to contact Busby, Bell & Biggs right away.
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