Arizona Accident Information Law Blog : Arizona Personal Injury Lawyer & Attorney : Solomon & Relihan Law Firm : Auto Accidents & Car Wrecks : AZ Accident Information Law Blog

Injuries can occur in the most unexpected places. In an odd case in New York City, a woman is suing a restaurant after a large stuffed moose head fell of the wall and struck her in the head, leading to a concussion. Raina Kumra was dining at the Scandinavian-themed White Slab Restaurant when the 150 pound moose head fell from the wall and struck her in the head. The incident led to a concussion, chronic neck pain, fatigue, and dizziness. Kumra claims that the restaurant was negligent and put patrons in danger by failing to properly secure the large moose head to the wall.

While this case may at first inspire some chuckles, the incident illustrates a serious problem. Proprietors of restaurants and other businesses have a duty to ensure the safety of their customers. However, safety is often overlooked in favor of looks and entertainment. The large moose head was a part of White Slab’s Scandinavian theme and contributed to its “whimsical” nature, but the proprietors should have also ensured that the moose head was properly secure and did not endanger its customers. If you have been injured at a restaurant or other business due to negligence on the part of the business owners, you should not have to be solely responsible for the medical bills, lost wages, and pain and suffering that result. You should consult an attorney to discuss your case.
 

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The City of Williams, Arizona has settled a $2.3 million lawsuit filed by the family of a Mesa man who was struck and killed by a policeman’s vehicle while riding his motorcycle on Highway 64. James Innes was hit by the police officer on May 20 when the officer, Brandon Hernandez, attempted a U-turn and apparently did not see Mr. Innes. Officer Hernandez was issued a traffic citation, but no charges were filed.

This case illustrates two important issues for motorcycle riders. First of all, it once again shows how susceptible motorcyclists are to accidents when inattentive drivers do not notice them. An internal investigation by the police department determined that the accident was “avoidable,” meaning Officer Hernandez did not exercise proper care and discretion before attempting his U-turn. It requires extra effort and attention to see a motorcycle, which Officer Hernandez apparently did not demonstrate. In addition, since Officer Hernandez was on duty and in a police department vehicle at the time of the accident, this means that the city of Williams, and not Officer Hernandez personally, was the responsible party for the accident. This is why Innes’ family filed suit against the city and not Officer Hernandez. Filing suit against a government agency for a traffic accident caused by one of their vehicles can be a difficult and confusing process, and you need an experienced attorney on your side to do so.
 

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A Northern California man who was left quadriplegic after an accident at a dump is suing the county responsible for maintaining the facility, claiming that if the county had properly maintained it, he would not have suffered his horrific injury. Reginald Soto fell off of a 5-foot-ledge at the Lovelace Materials Recovery and Transfer Station north of Manteca, California on July 8, 2009. His suit argues that the San Joaquin County, which maintains the facility, did not follow proper building and safety codes and should have installed a guardrail to prevent such accidents from occurring. Many other accidents have occurred at the facility due to the lack of a guardrail. According to Soto’s attorney, eight people fell from the ledge between 1995 and 1997 alone, and he is investigating other possible accidents at the facility.

Owners of public facilities, whether they are governments or private businesses, have a responsibility to take reasonable action to ensure the safety of people who come on to their property. In many cases, such as Mr. Soto’s, a simple solution, like a guardrail, could have prevented a tragic and life-altering accident. The fact that this simple solution was not put in place after earlier accidents had occurred demonstrates the possibility of negligence or willful disregard for safety on the part of the operators of the facility. If you have been injured in a public facility, you should discuss your case with an attorney. Your attorney can investigate the circumstances of your accident and determine if the operators of the facility should be held responsible for not properly ensuring your safety
 

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Actor James Woods recently settled a lawsuit against a Rhode Island hospital for his brother’s wrongful death. Michael Woods died at Kent Hospital in Rhode Island in 2006 after suffering a heart attack. The hospital admitted to making mistakes in treating Woods. The settlement will provide for Michael’s family, as well as establish an institute at the hospital in his name and provide $1.25 million for research into new methods and procedures to reduce hospital error and prevent more wrongful deaths in the future.

This case illustrates one of the great fears that many of us have. When we enter a hospital, we are putting our lives and well-being into the hospital’s hands. Even a minor error can lead to severe problems or even wrongful death. A wrongful death caused by hospital, doctor, or emergency responder error can be devastating to a family, especially if the person was financially responsible for others. If you have a loved one who has suffered a wrongful death due to a hospital error, you should contact an experienced wrongful death attorney to discuss your case.
 

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La Salle University recently agreed to pay $7.5M to the family of a football player who suffered a severe brain injury in a 2005 game. Preston Plevretes was a 19-year-old sophomore when he was knocked unconscious, woke up combative for three to five minutes, and then slipped into a coma. He had to have emergency surgery to relieve brain swelling. His family’s lawsuit contends that the severity of the injury was caused in part by a concussion Plevretes had suffered a month earlier in practice, and that the university was liable for allowing him to play after the concussion.

Head injuries in football have recently become a major issue in the national news and while the focus has been on professional players, it is an especially disconcerting issue for parents of junior high, high school, and college players. Schools are legally responsible for protecting the well-being of their students, so when they put them in danger by allowing them to play sports injured, they may be liable for the for the student’s medical bills and pain and suffering. If you believe your child’s school put them in danger and contributed to injuries they suffered, whether in sports or other activities, you should contact a personal injury lawyer to discuss your case.
 

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Recently an Illinois man and his teenage daughter received $6 million in a lawsuit settlement in Joliet, Illinois. It is believed to be a record for Will County, Illinois. In 2006, Richard and Kelly Wright were struck by a pickup truck driven by John Martis when he attempted to turn left at a stop sign. Both Richard and Kelly suffered severe injuries. Richard suffered a fractured wrist and ankle, which required surgery, while Kelly, who was 15 at the time, suffered a severely broken left ankle and a severe right tibia fracture. Though the accident occurred over three years ago, she has not yet fully recovered and is scheduled to have fusion surgery on her ankle later this year.

This case highlights two of the biggest dangers to motorcycle riders. First of all, motorcycles are often hard to see, so are more susceptible to be hit by inattentive drivers, especially at intersections, as in this case. Second, motorcycle riders are more exposed to injuries, so even a minor car-motorcycle accident can cause severe injuries which can incur severely large medical bills. If you are injured in a motorcycle accident caused by another vehicle, you should contact a motorcycle injury attorney to discuss your case.
 

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As a new year begins, people across the country are making resolutions to do a few things differently. Hopefully for at least 4,500 Arizonans, one resolution will be to stop driving while impaired.

Four thousand five hundred is the number of Arizona residents who were arrested for DUI since Thanksgiving. That's almost a 2000 person increase since the holiday season of 2008. The Associated Press reported, arrests for the entire year numbered above 14,000: a 3,500 increase since 2008.

These rising numbers reveal two trends. The first is the good news that increased enforcement has taken more unsafe drivers off the road. Hopefully this will inspire them and others to stay sober behind the wheel.

But, the second trend is of a large number of drivers ignoring the potential consequences of impaired driving and choosing to put others at risk. Preventable injuries to motorists and motorcyclists are caused each week when someone makes the negligent decision to reach for the keys when buzzed or drunk.

We can only hope that public awareness and deterrence can begin to lower number of impaired drivers and the injuries they cause. Perhaps this holiday's spike in enforcement will help spread the message and keep Arizona's drivers a little safer in 2010.
 

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If you're wondering why the car ahead of you keeps drifting out of its lane, consider that this year one trillion text messages were sent by drivers. This shocking fact is revealed in a major study that also indicates the rate of teens texting while driving is on the rise.

This trend is disturbing considering the huge distraction texting poses. Reuters news service reports that texting makes drivers 23 times more likely to be in an accident. Teens texting will surely be at greater risk when their lack of driving experience is factored in. However, in a survey teens reported little concern about the dangers of texting while driving. This growing danger has lead for the call to create a national texting while driving ban.

Phoenix is one of a few cities that does have a ban on texting while driving. But, this does not necessarily mean Arizona roads are safer. In the survey, teens admitted to ignoring such laws. Police also state the laws are notoriously difficult to enforce.

Given that teens and young adults are so reliant on mobile technology and texting, signs point to continued texting even if a national ban is passed. If you are ever in an accident and suspect the driver was texting at the time, that fact may be critical in helping you hold the negligent driver accountable. Your best option is to contact an experienced accident attorney who can help bring that fact to light.
 

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The Arizona Republic published a small blurb about two cars being struck by a Semi on the westbound I-10 in Phoenix. Though the paper dedicated only about five lines, I’m sure that accident was much more significant for those involved.

Accidents with semis, also called tractor trailers, can be terrifying. Their large size and momentum make them imposing figures to nearby cars, trucks and motorcycles. Also, their actions may seem unclear to regular motorists who are unfamiliar with the requirements of driving a big rig.

The Republic did not explain how the accident occurred, but there are several unique risks associated with big trucks. The cars may have been in the large blind spot along the trailer. If the side-view mirrors were not visible to the accident victims, the truck could have merged into them. Additionally, long haul truckers often work at a grueling pace; the driver may have been suffering from fatigue.
 

The occupants of the smaller vehicles reported minor injuries at the scene, but the symptoms may worsen as the adrenalin wears off. If the truck driver was at fault, the claim “he just did not see them” is not a valid excuse for a negligent mistake. And, those injured motorists are entitled to seek compensation for their injuries and damaged vehicles.
 

If you find yourself sharing the road with a semi or another large vehicle, be sure to give them a wide berth to avoid an accident. If the road is crowded, at least be sure you are in the field of vision of the side-view mirrors. And, don’t hesitate to use your horn if necessary.
 

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