Bache & Lynch https://tucsonpersonalinjurylaw.com Thu, 07 Mar 2024 21:15:31 +0000 en-US hourly 1 How is Pain and Suffering Calculated in Arizona? https://tucsonpersonalinjurylaw.com/how-is-pain-and-suffering-calculated-in-arizona/ Thu, 07 Mar 2024 21:15:31 +0000 https://tucsonpersonalinjurylaw.com/?p=3960 What is pain and suffering, and how do you make sure you’re compensated fairly if you’ve been injured due to someone else’s careless or negligent actions? 

Under the general Arizona personal injury law, you can seek compensation for your medical expenses and lost wages. Any chronic pain or mental anguish that results from the injury could also have a lasting impact on your quality of life — and finances. You may wonder if you’re also able to receive compensation for the pain and suffering you endure as a result of the injury. 

In short, the answer is yes. 

The main question, then, is what qualifies as pain and suffering and how is it calculated in Arizona? First, you have to understand the types of damages a court can award.

The Types of Damages That Can Be Awarded in Arizona

Arizona law recognizes three types of damages in a personal injury case. They are:

  • Economic damages: These compensate a victim for financial losses they’ve suffered due to their injury, including lost wages, reduced earning potential, medical bills, property damage, etc. They are sometimes called “special damages.”
  • Punitive damages: The second type of damages are punitive damages, which is less common. This is awarded when the injury was caused by a defendant acting with “an evil hand and mind” or malice. You have to be able to show the defendant did something beyond an ordinary act of negligence when causing the injury.
  • Non-economic damages: The third type of damages are non-economic or “general damages.” These are intended to compensate someone for the non-monetary losses associated with their injury. This is where pain and suffering comes into play. 

How Does Arizona Law Define Pain and Suffering?

Arizona law says there are two general types of pain and suffering:

  • Physical pain and suffering refers to the actual pain associated with the person’s injuries. This accounts for pain through the healing process, as well as chronic pain that may continue beyond the expected recovery and any future complications. Some examples of physical problems qualifying as “pain and suffering” might be: chronic back or neck pain, traumatic brain injury, broken or fractured bones, headaches, nerve damage, internal organ damage, dislocated joints, scarring, disfigurement, pulled or torn muscles or paralysis.  
  • Mental pain and suffering includes the emotional toll that the injury takes on the person, including depression, psychological trauma, grief, persistent fear, anxiety, PTSD, anger issues, diminished quality of life, loss of enjoyment, lack of purpose or energy, humiliation, shock, insomnia, sexual dysfunction, cognitive changes due to a head injury.

Here’s an example of this in action from Enjuris:

John is involved in a car accident on highway U.S. 93 just outside of Phoenix that results in several broken bones. It takes him 2 years to fully heal from the accident. During much of this time, he is bedridden and in extreme discomfort. On top of that, John is unable to participate in playing soccer with his friends—something he enjoyed prior to the accident. As a result, he becomes depressed and angry.

All of these problems (the physical discomfort, the depression, and the anger) constitute “pain and suffering” directly related to the accident and John would be entitled to compensation for these problems.

How is Pain and Suffering Calculated? 

There is no standard formula to calculate pain and suffering in Arizona. The two methods below are examples of a possible starting point. But always keep in mind that in certain cases differing guidelines can be used to begin calculating pain and suffering. More can go into the equation that an experienced attorney can help with.  

  • Multiplier method: When using the multiplier method, actual damages such as medical bills or lost wages are added together and multiplied by a number between one and five (the more severe the injury, the higher the multiplier). For example, let’s say you’re in a car accident and sustain a brain injury that results in $100,000 in medical expenses. Because a brain injury is considered a “severe” or “catastrophic” injury, it would receive a multiplier of 5. This would put the pain and suffering damages at $500,000.

Factors that go into identifying the multiplier include the type or severity of injury, type of medication, length of recovery, or the permanence of the injury. 

  • Per diem method: The per diem method assigns a dollar amount to every day between the injury to the day the victim achieves a full medical recovery.

For example, the victim could seek a per diem calculation of $100 a day. If they reach full recovery 300 days after the injury, they would multiply those 300 days by the $100 per diem payment and seek $30,000 in compensation for their pain and suffering.

The total amount of damages awarded for pain and suffering vary greatly from case to case which is why you should never rely on a specific formula. While some states place a limit on the amount of money an accident victim can recover, Arizona doesn’t put a cap on the amount that can be recovered for pain and suffering in personal injury cases.

You Deserve Compensation for Your Pain and Suffering

Because pain and suffering is hard to calculate and difficult to prove, you need an experienced legal team to present convincing evidence of how your injury has affected you. If you wish to discuss the specifics of your case in a free consultation with an experienced Tucson personal injury lawyer, please contact us today.

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Are You Using a Dangerous or Faulty Medical Device? https://tucsonpersonalinjurylaw.com/dangerous-medical-devices/ Fri, 23 Feb 2024 19:09:23 +0000 https://tucsonpersonalinjurylaw.com/?p=3957 Tens of millions of Americans rely on medical devices and implants to improve their quality of life. It’s an underlying assumption that those same devices have been tested for safety and effectiveness. 

Consumer Reports says that’s typically not the case. “For most implants and other high-risk devices brought to market, manufacturers do nothing more than file some paperwork and pay the Food and Drug Administration (FDA) a user fee of roughly $4,000 to start selling a product that can rack up many millions of dollars in revenue.”

As a result, most medical implants have never been tested for safety, and unsuspecting Americans are paying the price. Injuries, complications, or deaths due to faulty medical devices have increased by over 500 percent in the last decade.  

So, it begs the question, are you using a dangerous or faulty medical device? And if you were, how would you even know? 

Recently, a group of U.S. senators called for a thorough investigation into the oversight practices of the FDA regarding medical devices. Their request for an inquiry comes in the wake of concerns raised by the recall of certain Continuous Positive Airway Pressure (CPAP) machines due to potential health risks and the alleged failure of the FDA to keep Americans safe from these faulty devices.

Senators Call for Probe of FDA After CPAP Failures

Last year, a joint investigation into Phillips, a major manufacturer of breathing machines, discovered that the company withheld over 3,700 complaints about potential health risks associated with its products for 11 years despite being aware of the dangers. The company kept warnings and complaints about the potential harm caused by foam used in its continuous positive airway pressure (CPAP) devices secret while its profits continued to rise. The company did not launch a formal investigation of the problem until 2019 — nine years after the first wave of complaints and three years after the first known tests by the company found that the foam was deteriorating.

Due to this investigation, a group of U.S. Senators have urged the Government Accountability Office (GAO) to conduct a detailed probe into the FDA’s handling of the CPAP recall and its broader regulatory oversight of medical devices. This bipartisan effort reflects growing apprehensions among policymakers regarding the effectiveness of the FDA’s regulatory mechanisms in ensuring the safety and efficacy of medical devices. 

Protect Yourself with These Four Tips

One of the problems the Senators uncovered in the investigation is that the FDA’s current oversight practices may be inadequate in addressing emerging risks and ensuring timely responses to safety concerns. While the investigation plays out, these four tips from Consumer Reports can help protect your or your loved ones from the risk of defective medical devices. 

  1. Consider the alternatives – If your doctor suggests an implant, ask what will happen if you don’t get it. Sometimes, patients aren’t adequately informed about the options. For example, women who received transvaginal mesh for prolapse repair may not have needed surgery. But people ill enough to require an implantable defibrillator for their heart may not have a choice.
     
  2. Research the device – The Food and Drug Administration’s website, FDA.gov, contains information on device safety warnings, complaints, and recalls, all accessible by searching the device’s name. Also, search elsewhere for patient forums and other information about the device online.
     
  3. Write down the details – Ask for your device’s brand name, model, and serial number (if applicable) so that if you learn of a warning or safety recall, you’ll know whether yours is one of the problem models.
     
  4. Don’t panic – If you discover problems with your device, don’t assume it has to be removed. Contact your doctor and learn to recognize possible adverse side effects in your case.

Medical Device Recall Spotlights Missteps by the FDA

The CPAP recall serves as a focal point for examining these issues, shedding light on potential gaps in the FDA’s regulatory processes and the need for reforms to enhance the safety of all Americans who use medical devices. 

If you have unknowingly been the victim of a faulty medical device and you wish to discuss the specifics of your case in a free consultation with an experienced Tucson personal injury lawyer, please contact us today.

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Questions You Should Ask Before Hiring a Personal Injury Attorney https://tucsonpersonalinjurylaw.com/questions-you-should-ask-before-hiring-a-personal-injury-attorney/ Fri, 16 Feb 2024 14:50:28 +0000 https://tucsonpersonalinjurylaw.com/?p=3922 When facing the need for a personal injury attorney, it’s essential to recognize that not all lawyers are the same. The right attorney can make a substantial difference in the outcome of your case. To ensure you make an informed decision, it’s crucial to ask the right questions before hiring a personal injury attorney in Arizona. This blog post will guide you through the essential questions to help you evaluate potential attorneys and make the best choice for your legal needs.

Before you even get to the point of comparing attorneys, make a list of all the details about your case. Do you have a minor injury or a major one? Even that specific of a detail will help you narrow down the type of attorney to work with. And then once you choose an attorney, knowing the details will help make sure you’re both on the same page right off the bat.

To ensure you make an informed decision, here are some essential questions you should ask a personal injury attorney before hiring them.

  • Do You Have the Right Personal Injury Law Experience?

Experience is a critical factor in the legal field, particularly in personal injury cases. Inquire about the attorney’s specific experience in personal injury law. A seasoned practitioner with a focus on personal injury cases is more likely to understand the nuances and intricacies specific to this area of law.

  • Do You Specialize in Personal Injury Cases?

Understanding the focus of the attorney’s practice is vital. Some law firms handle a variety of cases, while others practice exclusively in personal injury law. Opting for a firm that exclusively handles personal injury cases ensures that they possess in-depth knowledge and expertise in this specific area, increasing the likelihood of a favorable outcome.

  • Are You Sufficiently Resourced for My Case?

Personal injury cases may demand significant resources, especially in complex or catastrophic situations. Ensure that the attorney has the necessary resources for your case, including financial capabilities for litigation, hiring experts, and covering other associated costs.

  • Are You Comfortable With Litigation?

Not all personal injury cases can be resolved through negotiations, and some may require litigation. Confirm whether the attorney is willing to take your case to court if negotiations fail. A willingness to litigate can significantly influence the outcome and enhance your chances of obtaining a fair settlement.

  • How Are You Perceived in the Legal Community?

The reputation of your attorney can play a crucial role in negotiations and courtroom proceedings. Inquire about their standing among insurance companies, defense lawyers, and within the legal community. A well-respected attorney may have an advantage in negotiations, potentially leading to a more favorable resolution.

  • How Will We Communicate Back and Forth?

Effective communication is essential during legal processes. Clarify who you will be working with directly – the attorney, paralegals, or a team of professionals. Direct access to your attorney ensures that you can ask questions, discuss concerns, and stay informed about the progress of your case.

  • How Does Transparency Factor Into Your Process?

Transparency is key to establishing trust between you and your attorney. Ensure that the attorney is upfront about the legal process, potential challenges, and realistic outcomes for your case. A transparent attorney will empower you to make informed decisions throughout the legal proceedings.

Remember, maintaining an honest and open relationship with your attorney is crucial for a successful legal journey. Do you feel comfortable with this person? Did you get a good feeling about the potential for a productive partnership? 

Additionally, being transparent about all details of the case ensures that your attorney has the necessary information to navigate effectively. Make the right choice for your personal injury case by asking the right questions and fostering a collaborative relationship with your attorney.

Are You Entitled to Compensation From an Injury? We Can Help.

Choosing a personal injury attorney is a significant decision that can impact the outcome of your case. By asking these essential questions, you can evaluate potential attorneys and make an informed choice. At the end of the day, do you feel comfortable with this person? Did you get a good feeling about the potential for a productive partnership? Remember, an honest and open relationship with your attorney is crucial for a successful legal journey.

If you or somebody you love has been injured and you wish to discuss the specifics of your case with an experienced Tucson personal injury attorney, contact us today.

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Could We See Technology That Detects Impaired Driving in 2024? https://tucsonpersonalinjurylaw.com/could-we-see-technology-that-detects-impaired-driving-in-2024/ Wed, 07 Feb 2024 15:57:10 +0000 https://tucsonpersonalinjurylaw.com/?p=3914 There’s new technology that could prevent DUI deaths, which would be a game-changing advancement for curbing drunk driving. 

“With historic increases in traffic deaths over the past three years, implementation of impaired driving prevention technology is urgently needed,” Stacey D. Steward, chief executive of Mothers Against Drunk Driving (MADD), said in a statement. 

According to Forbes, “If technology that recognizes when drivers are dangerously impaired by alcohol or other causes and prevents them from driving were installed in every vehicle on the roads, thousands of lives could be saved every year.” 

What’s on the table from a legislation standpoint is passing a federal requirement that all new passenger vehicles be equipped with this type of system, which most Americans overwhelmingly support. Researchers at the Johns Hopkins Bloomberg School of Public Health found that nearly two-thirds of respondents (almost 65%) in a nationwide survey agreed that driving impairment technology should be standard in all new vehicles. 

If implemented, the systems would be able to detect blood alcohol content and monitor driving with cameras and sensors. In years to come, the technology could also detect drugged, drowsy, or distracted driving, which could be helpful as a test for driving under the influence of marijuana.

Legalizing Pot Makes for a Sticky Situation on Roads

Last year, a 25-year-old driver with marijuana in his system misjudged his speed while approaching an exit ramp on a Bronx highway and crashed into a nearby house. The force of the crash ejected him from the car, which proved fatal.

The National Highway Traffic Safety Administration (NHTSA) found in a recent study that about 26% of drivers who were seriously injured or died during a car crash had active THC in their system. This test shows how dangerous it can be to drive while high and the consequences for those on public roads.

Nightmare scenarios like these are precisely what safety advocates predict will become commonplace on our nation’s roads as the list of states legalizing marijuana for recreational use continues to grow. The NHTSA offers these fast facts to help support why this is a growing problem on the roads:

  • The psychoactive component of marijuana can slow reaction times, impair cognitive performance and make it more difficult to keep a steady lane position.
  • There are many misconceptions about marijuana use, such as rumors that it can make you a safer driver or it can’t impair you. Several scientific studies show that this is false.
  • If you’re feeling a little high, buzzed or stoned, never get behind the wheel. If you do, you will be arrested for DUI.

Drive Responsibly By Following These Tips

There’s still a lot to learn about the effects of driving under the influence of marijuana. And we need better equipment for detecting and measuring marijuana-related impairment. 

The science of intoxication surrounding marijuana is different from that of alcohol and may demand a more nuanced response by policymakers and law enforcement. Here’s what you can do to keep yourself, your passengers, pedestrians and other people on the road safe. 

  • Plan a safe and sober ride home ahead of time.
  • If you’re hosting a gathering, make sure all your guests have a sober ride home.
  • If you have smoked or ingested an impairing substance, do not drive.
  • If you know someone who is impaired, take their keys and don’t let them get behind the wheel.
  • Call 911 if you see an impaired driver. 
  • Always wear your seatbelt — it’s your best defense against impaired drivers.

Under the Influence, State-By-State Laws

The federal government is scheduled to complete rule-making for driving impairment technology in 2024. To review the laws on marijuana and driving in your state, click here.

If you have been the victim of a crash caused by a driver impaired by marijuana and you wish to discuss the specifics of your case in a free consultation with an experienced Tucson personal injury lawyer, please contact us today.

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Arizona is the Most Dangerous State for Pedestrians. Here’s Why https://tucsonpersonalinjurylaw.com/arizona-is-the-most-dangerous-state-for-pedestrians-heres-why/ Wed, 10 Jan 2024 15:44:33 +0000 https://tucsonpersonalinjurylaw.com/?p=3909 The reasons people move to Arizona: blue skies, fantastic weather, and beautiful scenery, are also why it’s the most dangerous state in the country for pedestrians. 

Arizona has the highest rate of pedestrian deaths in the nation and is widely recognized as one of the most dangerous states to travel on foot. According to the Arizona Department of Transportation 2022 Motor Vehicle Crash Facts report, there were 302 pedestrian fatalities during 2022, which reflected an increase of over 16 percent. 

On a per-capita basis, Arizona has 4.17 pedestrian deaths per every 100,000 Arizonans, which is two times the national pedestrian fatality rate (every day, 20 people in the U.S. walk outside and end up killed by a moving vehicle).

Unfortunately, pedestrian accidents have been on the rise for quite some time. “There are more pedestrians being killed today than in decades,” said Russ Martin, the senior director of policy and government relations at the Governors Highway Safety Association. The organization estimates that more than 7,500 pedestrians were killed by drivers last year, which is the highest number on record since 1981. 

Given the grim portrait, what do pedestrians do to remain safe? It starts with understanding the laws surrounding pedestrians. Here’s how Arizona views pedestrian safety. 

Understanding Arizona’s Pedestrian Laws

As with laws that help drivers and bicyclists, pedestrians need to understand what their rights and responsibilities are in Arizona. Here’s how the law stacks up for drivers and for pedestrians.

All drivers in Arizona are required to:

  • Exercise due care to avoid colliding with a pedestrian.
  • Yield to pedestrians crossing the roadway within a crosswalk.
  • Avoid passing another vehicle when that vehicle is stopped at a crosswalk. 

All pedestrians in Arizona are required to:

  • Follow traffic control signals at intersections.
  • Yield the right-of-way to all vehicles when not at a crosswalk.
  • Must walk expeditiously when possible on the right half of the crosswalk.
  • Must not suddenly walk or run into the path of a vehicle. 
  • Must not walk on a roadway when a sidewalk is available. 
  • If a sidewalk is not provided, a pedestrian must walk on the left side of the road or its shoulder facing traffic. 

Stay Safe as a Pedestrian With These Walking Tips

Injuries to pedestrians are often catastrophic because the human body is just no match for a car or truck, even at a low speed. Here are some things you can do to stay safe – and avoid liability – when you’re out walking. 

  1. Be predictable. Follow the rules of the road and obey signs and signals.
  2. Walk on sidewalks whenever they are available.
  3. If there is no sidewalk, walk facing traffic and as far from traffic as possible.
  4. Keep alert at all times; don’t be distracted by electronic devices that take your eyes (and ears) off the road.
  5. Whenever possible, cross streets at crosswalks or intersections, where drivers expect pedestrians. Look for cars in all directions, including those turning left or right.
  6. If a crosswalk or intersection is not available, locate a well-lit area where you have the best view of traffic. Wait for a gap in traffic that allows enough time to cross safely; continue watching for traffic as you cross.
  7. Never assume a driver sees you. Make eye contact with drivers as they approach to make sure you are seen.
  8. Be visible at all times. Wear bright clothing during the day, and wear reflective materials or use a flashlight at night.
  9. Watch for cars entering or exiting driveways, or backing up in parking lots.
  10. Avoid alcohol and drugs when walking; they impair your abilities and your judgment.

Who’s Responsible in an Accident With a Pedestrian? We Can Help.

Arizona has several laws to determine who is responsible for injuries when an accident involves a pedestrian. It is entirely possible for a pedestrian to be at fault in a car versus pedestrian accident. 

Because the different scenarios can complicate who is found liable, talking with an experienced Tucson personal injury lawyer may be your best bet. If you or somebody you love has been injured in a pedestrian accident caused by the careless or negligent actions of another person, contact us today.

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How to Shop for Safe Toys This Holiday Season https://tucsonpersonalinjurylaw.com/how-to-shop-for-safe-toys-this-holiday-season/ Fri, 15 Dec 2023 20:07:17 +0000 https://tucsonpersonalinjurylaw.com/?p=3902 One thing we can all count on during the holiday season? Many parents and other loved ones will buy toys for children. An overlooked – and arguably more important – goal should be to take precautions to make sure you choose safe toys for those same kids. 

The United States Consumer Product Safety Commission (CPSC) reports that almost 210,000 children went to the emergency room for a toy-related injury in 2022. Of those injuries almost 40 percent of them were sustained by children four years of age or younger.  

While supervision is still the best bet to prevent childhood injuries, our hope is that being an informed shopper will help ensure a festive holiday for you and yours.

Annual Survey Shows Not All Toys Meet Safety Standards

Unfortunately, making a list and checking it twice for safety is not always easy. The CPSC does not test all toys, and not all toys in stores or online meet CPSC standards. Trouble in Toyland, the definitive annual survey from the U.S. Public Interest Research Group, identified numerous toxic toys out there that create choking or strangulation hazards, are too loud, or present other dangers.

In recent years, traditional toys like stuffed animals, games, race tracks and building sets have become safer overall thanks to tougher laws that were adopted in 2008, as well as more oversight. The safety issues that persist and are still a priority include:

  • Water beads, which are often used as sensory toys. These tiny, squishy balls can still be deadly. 
  • The online retailers that pose an ongoing risk by continuing to sell recalled toys in violation of the federal law. 
  • Ongoing threats from high-powered magnets, button batteries, choking hazards, counterfeit toys, and inadequate warning labels. 

Common Sense Safety Tips for Buying Toys 

It goes without saying that you should always heed the age limits of toys, buy from reputable sellers and read reviews before you make a purchase. If you aren’t sure if a toy is safe, leave it on the shelf! 

Here are some common sense safety tips and resources you can use to prevent toy injuries and keep the magic of the holidays alive throughout the year:

  1. Choking is the leading cause of toy-related deaths.
    If a toy can pass through a standard toilet paper tube, it is unsafe for a child who still puts things in their mouth. Toys with small parts intended for children between ages 3 and 6 must include an explicit choking hazard warning.
     
  2. Magnets can look like candy.
    Small, powerful magnets can easily fall out of toys and look like shiny candy. Swallow more than one, and the magnets attach inside the body, causing life-threatening complications.
     
  3. Batteries can be fatal.
    Keep watch or “button” batteries away from children. If swallowed, the battery acid can cause fatal internal injuries.
     
  4. Toxic chemicals can still be found in toys.
    Dangerous levels of lead and other toxic chemicals can still be found in older toys and those not made in the United States. Steer clear of toys made of PVC plastic, soft vinyl lunch boxes and bibs, and children’s costume jewelry – especially jewelry and other toys that can be swallowed.
     
  5. If it’s too loud for you, it’s too loud for them.
    Children’s ears are very sensitive. Remove the batteries from loud toys or cover the speakers with tape to muffle loud sounds.

It’s Up to Us to Keep Kids Safe

We can always count on children to remind us of the true joy associated with the holiday season. So it’s up to us – parents, grandparents, aunts and uncles, friends and family – to keep that spirit alive by selecting safe toys for the kids in our lives. Report dangerous toys (or other products) or learn if a product is unsafe before you purchase it. 

If your child has had a toy-related injury and you wish to discuss the specifics of your case in a free consultation with an experienced Tucson personal injury lawyer, please contact us today.

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What Happens if My Uber or Lyft Driver Gets in an Accident? https://tucsonpersonalinjurylaw.com/what-happens-if-my-uber-or-lyft-driver-gets-in-an-accident/ Tue, 12 Dec 2023 18:16:17 +0000 https://tucsonpersonalinjurylaw.com/?p=3897 It’s undeniable that rideshare services like Uber and Lyft have revolutionized transportation, kept impaired drivers off the road, and offered unparalleled levels of convenience and accessibility. 

Unfortunately, the increase in usage means more congestion and accidents. According to a recent National Highway Traffic Safety Administration (NHTSA) study, there were over 7,000 Lyft accidents reported in Arizona between 2017 and 2019. Of the 7,000 accidents, approximately 40 percent of them resulted in injuries and 4 percent led to deaths. 

Given so many people love the convenience that rideshare services provide to get around, is there anything you can do to keep yourself safe? 

Rideshare Safety Tips Anyone Can Follow

The reality of utilizing a service like Uber or Lyft is that you’re putting your safety at risk by accepting a ride with a stranger. If that person is reckless or aggressive, you could find yourself in an unwanted – and unsafe – situation. Fortunately, there are some steps you can take to protect yourself and hopefully enjoy a smooth ride. Start with these top rideshare safety tips:

  1. Find a safe place to wait for your driver where it’s well-lit and there are plenty of other people around. Avoid your home if you are able to. 
  2. Learn about your driver through their profile, such as how previous passengers have rated them, the badges they’ve earned, how long they’ve been driving, the number of trips, etc. If any of the details bother you or make you uncomfortable, choose a different driver. 
  3. Confirm your driver matches the description you’ve received, which should include identifying details such as name, photo, vehicle, and license plate number. Don’t get into the vehicle if any of the details are missing or off. 
  4. It may sound like a small detail but it’s best to sit in the back seat when possible, which would allow you to easily exit the vehicle safely and may better protect you in case of an accident.
  5. It’s a given that you should always wear your seatbelt in an Uber or Lyft vehicle. Not only is it safer but not wearing one could affect your customer rating.  
  6. Once you’re settled into your ride, text or call a friend or family member and share your trip details, such as where you’re going, how long the trip should take, and who you’re driving with. Check in with a friend as needed to confirm that you’re safe. 
  7. Unfortunately, the most convenient time to request an Uber or Lyft is when you’re too intoxicated to drive safely yourself. And although using a rideshare service is ALWAYS better than driving while intoxicated, entrusting your safety to a stranger while in a vulnerable state may not be wise. Don’t ride as the only passenger if at all possible. Or, instead, ask a sober driver you trust to give you a life when you’re impaired. 
  8. If your driver is engaging in any unsafe behavior like speeding, tailgating, or running red lights, don’t hesitate to speak up. You have a right to call out unsafe driving habits or ask to be let out at the nearest safe location. Then, report them to their rideshare service to protect future passengers from facing the same danger. 

What to Do if Your Uber or Lyft Driver Gets in a Car Accident

You can take all the safety precautions but since rideshare drivers are human like anyone else, accidents can still happen. Here’s what you should do if you’ve been involved in a rideshare accident:

  • Remain calm
  • Protect yourself first and foremost. Seek medical care immediately if there’s any possibility of injury. 
  • Contact the police or ensure that someone else does. They will conduct an investigation and file an accident report that is used by insurance carriers. 
  • Notify the rideshare company of the accident through the app. You’ll need to do this as soon as possible. 
  • Contact your insurance carrier and let them know you were involved in a crash inside a rideshare vehicle. You’ll want to relay basic details about the accident. 
  • You may need to consult with an attorney who can step in and gather all of the evidence needed to prove liability. 

Confused About Who is Liable in a Rideshare Car Accident? We Can Help.

The liability isn’t always clear when it comes to a rideshare accident. In a typical car accident, the at-fault driver is responsible for any damages. With a rideshare service, this can change depending on whether the driver was considered to be working at the time, which shifts liability over to the employer (in this case Uber or Lyft). 

If you need help understanding any of this and wish to discuss the specifics of your case in a free consultation with an experienced Tucson personal injury lawyer, contact us today.

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Hurt On the Job? You Have a Right to a Safe Workplace https://tucsonpersonalinjurylaw.com/hurt-on-the-job-you-have-a-right-to-a-safe-workplace/ Mon, 27 Nov 2023 21:08:15 +0000 https://tucsonpersonalinjurylaw.com/?p=3891 Millions of Americans tune into reality TV shows like Deadliest Catch and Big Timber for an inside look at the two most dangerous jobs in America: logging and commercial fishing.

And even though logging was America’s most deadly job in 2021 at 82.2 deaths per 100,000 workers, you don’t have to get tangled in a runaway fishing net or whacked by a falling tree to get hurt on the job. 

Every day, 14 Americans go to work and never come home. Every year, 2.6 million more suffer debilitating injuries. All workers deserve a safe workplace and yet, the number of fatal work injuries increased by nearly 9 percent from 2020 to 2021. According to the Census of Fatal Occupational Injuries, there were 5,190 fatal work injuries recorded in the United States in 2021. 

Most Workplace Deaths in 2021 Were Preventable

It’s bad enough that the number of fatal work injuries increased from 2020 to 2021. What’s worse: the National Safety Council estimates that 4,472 of the workplace deaths recorded in 2021 were preventable! 

It’s easy to assume that a common desk job may not invite much risk but the National Safety Council says not so fast. Some jobs naturally come with more risk but these industries were ranked as the most dangerous in 2021:

  • Construction: experienced the most workplace deaths
  • Education and health services: experienced the most nonfatal injuries and illnesses involving days away from work
  • Agriculture, forestry, fishing and hunting: experienced the highest death rate per 100,000 workers
  • Transportation and warehousing: experienced the highest injury and illness rate involving days away from work per 10,000 workers

Ten Safety Tips Employees Can Implement Now

Workplace safety should be a top priority for all employers. And it goes without saying that employers, employees, health and safety professionals, and government officials must continue working together to keep workplace safety top of mind. 

There are things employees can implement to create a safer work environment for themselves and others. Start with these 10 safety tips:

  1. Be aware. Know the hazards particular to your workplace.
  2. Learn good posture. While at your desk, keep your shoulders in line with your hips. And use good form when lifting.
  3. Take regular breaks. Many work-related injuries occur when a worker is tired. Schedule tough tasks when refreshed.
  4. Don’t take shortcuts. Skipping proper procedures when using dangerous tools and machinery is the leading cause of workplace injuries.
  5. Keep emergency exits clear. And make it easy to reach emergency shutoffs.
  6. Report unsafe conditions to your supervisor. Don’t be shy if you see a workplace hazard. Your supervisors are legally obligated to ensure your safety.
  7. Use mechanical aids whenever possible. Don’t carry something heavy when you could use a wheelbarrow, conveyor belt, forklift, or other aid.
  8. Stay sober. The Centers for Disease Control (CDC) estimates that alcohol use contributes to 18% of workplace injuries.
  9. Reduce stress. Stress can make it hard to concentrate.
  10. Wear proper safety equipment. Earplugs, hard hats, safety goggles, gloves, etc., significantly reduce the risk of workplace injury.

Every Employee Has the Right to a Safe Workplace

Under federal law, every employee has the right to a safe workplace. If you believe your workplace is dangerous, you can request an inspection from the Occupational Safety and Health Administration (OSHA), a federal agency. Click here for more information, including educational resources for both employees and employers.

Workers’ compensation, which is regulated on the state level, covers medical bills, lost wages, disability, and job retraining for employees injured on the job. If you are hurt at work, report your injury to your employer immediately. Then, contact your state workers’ comp office (list here) for additional guidance. 

If your employer doesn’t have work comp insurance or penalizes you for filing a claim (or the insurer denies your claim) and you wish to discuss the specifics of your case in a free consultation with an experienced Tucson personal injury lawyer, please contact us today.

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Your Rights to Your Medical Records under Arizona Law https://tucsonpersonalinjurylaw.com/your-rights-to-your-medical-records-under-arizona-law/ Fri, 10 Nov 2023 16:06:07 +0000 https://tucsonpersonalinjurylaw.com/?p=3886 Did you know that under Arizona law you have a right to access your medical records? 

Medical records, also known as health records, are an important thing to have because it gives you better knowledge about your own care, including how to approach certain medical decisions. 

Thankfully, the federal law called the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule gives all U.S. citizens the right to see and obtain a copy of their health records. Under this federal law you also have the right to not only access the information but also to make corrections as needed. 

Most health care plans and providers – including doctor’s, clinics, hospitals, pharmacies, labs, and nursing homes – must follow this law. If a standard in Arizona law conflicts with a standard in the HIPAA Privacy Rule, your health care provider must follow the law that is the most protective of your rights.  

What the Arizona Law Entitles You To With Medical Records

An important component of this law is that the privacy of a patient’s medical records is protected by both federal and state laws. Arizona’s laws keep all privileged patient medical records confidential, unless needed by pharmacists. Arizona law entitles you to:

  • Right to Access Your Medical Record: You have the right to see and get a copy of your medical record within 30 days of your initial request. It’s up to the discretion of the health care provider whether to charge you a fee for copying your record. 
  • Right to Amend Your Record: You also have the right to correct your medical record by adding information to it to make it more complete or accurate.  
  • File a Complaint: If you believe that a health care provider has violated your right to see, get a copy of, or amend your medical record, you have the right to file a complaint with the Office for Civil Rights, U.S. Department of Health and Human Services. You can also file a complaint with the state agency that regulates your health care provider. 

How to Request a Copy of Your Medical Records

While everyone has the same right to access their medical records, how you request them can vary, depending on the health care provider. Many providers now have online patient portals where you can access your records on demand, make appointments or message your provider directly. 

If your provider does not have an online portal, you’d need to fill out a form or request the records by phone or email. 

The Office of the National Coordinator for Health Information Technology (ONC) in the U.S. Department of Health and Human Services created a free guide to walk people through the process of getting your health records. The guide walks you through how to:

  • Narrow Down What You Need: You’ll need to know whether to access all or only part of your records, the number of copies as well as your preference with paper or electronic records. 
  • Submit a Request: This will include how to make a request from your health care provider along with information on how to fill out their form. 
  • Make Corrections: You’ll learn how to find and fix mistakes in your health record, including what to look for and how to have a mistake fixed. 
  • Use Your Health Information: Know what to look for in a health app as well as how to manage your information through your phone or tablet. 

Can My Doctor Refuse My Request?

There are limited circumstances where a doctor has a legal right to deny your request. Arizona law says that a doctor can refuse a request if he or she determines that:

  1. Releasing your records would likely endanger the life or physical safety of a patient or another person.
  2. If your records make reference to a person other than a healthcare professional and would likely cause substantial harm to that other person, or if the records would likely cause substantial harm to the patient, or if they would reveal information obtained under a promise of confidentiality with someone other than a healthcare professional.

If a doctor does refuse your request, it must be noted in your medical records and he or she must provide you with a written explanation of the reason for denying.

Confused by Your Medical Records Rights? We Can Help.

The laws surrounding patients’ rights to privacy and access to their medical records are frequently changing. If you need help understanding any of this and wish to discuss the specifics of your case in a free consultation with an experienced Tucson personal injury lawyer, contact us today.

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Why Are Dangerous Chemicals – Like Asbestos – Still Allowed in the U.S.? https://tucsonpersonalinjurylaw.com/why-are-dangerous-chemicals-like-asbestos-still-allowed-in-the-u-s/ Fri, 27 Oct 2023 14:46:10 +0000 https://tucsonpersonalinjurylaw.com/?p=3881 The first known death due to asbestos was in 1906. In the 1970s, court documents proved that asbestos industry officials knew of its dangers since the 1930s and had concealed them from the public. It wasn’t until 2002 that asbestos mining ended in the U.S. with the closing of the last U.S. asbestos mine.

And yet, asbestos is still not banned in this country, exposing millions of people to the long-term effects of this dangerous chemical. In fact, from 1999-2017, there were 5,157 asbestos-related deaths in Arizona. 

So why are these chemicals still allowed and used in the United States? A new investigation from ProPublica exposes an ineffective, underfunded regulatory system, and more than happy to bow to industry pressure. Here’s how we’re losing the fight against toxic chemicals:

The Toxic Substances Law Benefits the Producers

Industry advocates rejoiced in 1976 when the Toxic Substances Control Act was enacted, giving the Environmental Protection Agency (EPA) the power to ban or restrict toxic chemicals. The only problem? Industry leaders were closely involved in drafting the law with minimal oversight. The result was over 60,000 potentially dangerous chemicals remained on the market. The language of the law also required the EPA to always choose regulations that were the “least burdensome” to companies, which was not changed until 2016.

The EPA is Met With Massive Resistance

The United States follows a “risk-based” approach to regulation, which puts the burden on government officials to prove that a chemical poses unreasonable health risks rather than requiring manufacturers to prove that its products are safe. After the EPA struggled to regulate asbestos effectively, it did not try to ban other toxic chemicals for decades, feeling that it could only follow the “least burdensome” statute of the 1976 Toxic Substances Control Act. The EPA is also chronically underfunded and faces resistance from industry lobbyists and sympathetic lawmakers on every proposed evaluation.

The EPA Employs Industry Insiders Who Influence Regulations

The EPA often hires scientists and top officials from the companies it regulates, which allows the industry to influence the agency’s science and regulatory powers. According to an investigation by the Chicago Tribune, one glaring example is the case of a toxicologist and lawyer hired by the EPA three separate times to help assess the risks of certain chemicals. Before joining the EPA, he worked for the companies that produced some of the hazardous chemicals in question. At one point he argued that people could be safely exposed to a flame retardant at doses more than 500 times higher than the EPA standard. 

Disposing of Toxic Chemicals Properly Starts With You

While you may not be able to influence an entire industry to take the proper action, there are things you can do to keep yourself and others safe. Do your part to reduce the risk of toxic substances in the ground or in drinking water, and dispose of household chemicals properly by following these tips:

  • Follow the instructions on product labels to safely handle hazardous wastes and prevent any accidents. 
  • Read the product labels first so you know whether there’s a risk of a chemical exploding, igniting, leaking, mixing with another substance, or posing other hazards. 
  • Keep the hazardous products in their original containers and never remove the labels. If you have a container that is corroding, call your local hazardous materials official or fire department for special handling instructions.
  • If you have leftovers, never mix any chemicals with other substances. Incompatible products might cause a dangerous reaction, like igniting or exploding. 
  • Check with your local environmental, health or solid waste agency to see if there’s a collection system or designated days for collecting household hazardous waste. 
  • Don’t keep empty containers with hazardous waste lying around as they can still pose hazards with residual chemicals left inside; handle with care. 

If long-term exposure to asbestos–or a related substance–has resulted in illness or injury and you wish to discuss the specifics of your case in a free consultation with an experienced Tucson personal injury lawyer, please contact us today.

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