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car accident out of state while on vacation

Have you ever had the terribly unfortunate experience of having a car accident out of state, while on vacation? An otherwise perfect trip can be completely ruined in an instant.

You could be California resident who has had a car accident while on vacation to the Grand Canyon, or an Arizona resident on who has had an accident outside of Disneyland. Because you reside in one state and have an accident in another, you may face a series of highly important, but very common, questions regarding finding the right lawyer for your accident claim.

Watch Negretti & Associates’ Jonathan Negretti on AZTV 7’s Daily Mix show, discussing what you should do if you have a car accident out of state, while on vacation.

Negretti & Associates is a personal injury firm that is licensed to practice law in Arizona, California, and Colorado. We’re familiar with the laws of those three states, and we have handled many claims in each. We have helped many Arizona residents who have had accidents in California and receive treatment for injuries while at home in Arizona.

Experience has taught us this: If you have been involved in a car accident out of state, you will want to work with an attorney who is licensed both in the state where the accident occurred, as well as the state in which you live and are receiving post-accident treatment.

This is because there are different laws in all 50 states of the United States. What’s more, there be conflicts between state laws, and some states have little-known laws that can directly impact what you are entitled to, in terms of damages and recovery. It can be tremendously helpful to work with a lawyer who knows and understands the differences of “local” state laws.

Example: A Disneyland Trip Gone Wrong

Imagine that you and your family drive from Arizona to Anaheim, to take the children to Disneyland. You’re nearing the entrance to the Disneyland parking lot and suddenly you get rear ended.

You take the kids the hospital, to have them checked out. You quickly realize that it’s best to return home early. Vacation is over.

Once at home, you start looking for a personal injury attorney to help you with your accident claim. The accident happened in California, and the person who rear-ended you is a California resident. Yet, you are an Arizona resident who will be receiving medical treatment in Arizona.

Some questions start to bubble to the surface:

  • Should I hire an attorney in California, or an attorney in Arizona?
  • Does it matter whether the attorney in Arizona is licensed to practice law in California?
  • Does it matter whether the California attorney is licensed to practice law in Arizona?

These are normal, common questions to be thinking about in this situation. As the following legal cases show, a lawyer who knows and understands the differences in state laws can have an important impact on your accident claim.

Differences in California and Arizona Accident Laws

In the event that you are on that trip to Disneyland, and you don’t have auto insurance at the time of your accident, you may be limited on what you can recover as a claimant in that auto accident claim, because of a less-well-known law called Proposition 213.

Prop 213 says is that if you are in an auto accident and you are not at fault, but you did not have auto insurance at the time of the accident, you are not entitled to recover for your pain and suffering. That drastically changes what you can recover for your injuries in an auto accident claim.

California attorneys would be very familiar with Prop 213. Yet an Arizona attorney who has never practiced in California may not aware of this law, because there is no equivalent to Proposition 213 law in Arizona. In effect, you could work with an Arizona attorney to pursue your claim, and all of the sudden you realize that you’re only able to be paid back for your medical bills — not additional pain and suffering.

In addition, there is also a California Supreme Court decision, called Howell v. Hamilton Meats & Provisions, Inc., of 2011.

The Howell case decided that, in California, the auto insurance company only has to pay you for paid hospital or medical charges, not billed hospital or medical charges.

To illustrate, assume that you get into an accident in Arizona. You go to the hospital, and the bill for medical treatment is $1,000. Your health insurance pays $250. You submit the $1,000 bill and you get compensated $1,000 by the auto insurance company that insured the driver who caused the accident. They may argue about the reasonableness of that bill, but essentially, the argument would be that you should get paid for the $1,000.

In California, according to Howell, there are key differences. You would go to the hospital and be billed $1,000, and your health insurance pays $250. Yet, the other driver’s auto insurance company is only required to pay $250. This causes a number of problems:

  • Your health insurance company may have a right to be reimbursed for anything they paid on your behalf, which means your net result there is zero.
  • The hospital, itself, may record a lien, stating that it wants to recover the difference between what your health insurance paid ($250) and what the billed charges were ($1,000). As a result, you would owe the hospital $750.

Scenarios such as these frequently come into play when dealing with out-of-state car accidents. That’s why having an attorney who is familiar with local state laws can be helpful when you are in an accident in a different state.

Compensation for Unused Tickets and Reservations

Let us return to the Disneyland accident example for one moment. If you were unable to enjoy your theme park visit because of the accident, you should be compensated for the unused tickets, in addition to car damages and medical bills. The unused tickets are considered to be among your damages, which is a legal word for your losses that occurred as a result of that accident.

Yet, if you were in an accident and went into Disneyland anyway, and it wasn’t any fun for you, because you had a sore back, a claim of damages would be a tough argument to make. There would be no way to verify whether you didn’t enjoy yourself, or didn’t enjoy the park as much as you would have, had you not been involved in an accident.

Other forms of loss that you may have experienced — such as unused, nonrefundable hotel reservations, or having to purchase plane tickets to fly back home early, because you could not drive — may also qualify as damages. All sorts of out-of-the-ordinary things can happen with accidents while on vacation.

That said, if you are an Arizona, California, or Colorado resident, and you have a question about damages related to your out-of-state car accident — while on vacation in Arizona, California, or Colorado — contact Negretti & Associates. We’ll talk you through what compensation you may be entitled to.

Having Trouble Finding an Out-of-State Lawyer? Contact Negretti & Associates

If you get into an accident in a different state than where you live, and you are trying to find an attorney who is licensed in both those states, and it may not be easy.

If you cannot find a lawyer that is licensed in two specific states, give Negretti & Associates a call. We have access to a database of attorneys who practice all over the US. We will do our best to find you someone who is licensed where your accident occurred and licensed where you live.

We would rather have you put in the right hands — a law firm who understands local laws and can help you properly resolve your accident claim. You should achieve a recovery that’s commensurate with everything you endured with regards to your accident.

Please call us at 602-531-3911 in Arizona, 619-777-3370 in California, or 720-636-3444 in Colorado. Or, you can click here to contact us with our online form.

how pain and suffering damages are calculated

Within the field of personal injury law, pain and suffering is a general term that refers to classifying damages. It is the physical and emotional stress caused by an accident — the “hassle factor” for having to deal with the aftermath of an accident. It can include those everyday aches and pains, as well as emotional distress that others may not notice.

After an accident, a victim cannot “sue” for pain and suffering. However, one can file a lawsuit for the negligence caused by another party — and damages resulting from that negligence.

Factors Influencing How Pain and Suffering Damages Are Calculated

Unfortunately, there is no magic formula for calculating what one should be paid for pain and suffering damages. That’s because pain and suffering is specific to each individual claimant. As individuals, we have different daily activities and we experience pain differently.

Many pain and suffering calculators are available online, but their calculations can be way off the mark. This is because online pain and suffering calculators often take a one-size-fits-all approach to valuing claims. They commonly do not take into account the state or county in which accidents occur.

The location of an accident is an important factor when calculating pain and suffering damages. A state or county with a more conservative population could award less in damages than a state or county with a more liberal population. By diving deeper into where an accident occurred and gaining a better understanding of the jury pool in a state or county, we can produce more accurate case valuations.

Additionally, online calculators don’t have a way to enter data related to pain and suffering. If a client requires treatment for more than one year before they are well again, that factor is vital to determining his or her pain and suffering.

Online calculators simply don’t have a way to capture that information and provide an accurate assessment of case value. Online calculators often give false expectations and, as a result, tend to leave clients disappointed and confused.

How Much Is the Average Settlement for a Car Accident?

There is no such thing as an average settlement for a car accident. That is because no two car accidents are exactly same. In fact, at Negretti & Associates we sometimes represent multiple people involved in the same car accident, and each person’s injuries are different. In other words, each person’s settlement will vary depending on his or her injuries.

Rather than trying to figure out an average settlement, you really should be trying to determine whether your settlement is fair to you, based on your specific set of circumstances.

How Much Do Insurance Companies Pay for Pain and Suffering?

The amount insurance companies pay for pain and suffering depends greatly on the type of injury suffered and the specific facts of a case. For example, someone who has neck pain would be compensated differently from someone who breaks a leg. Additionally, someone who goes to urgent care and doesn’t follow up with any other treatment would be paid differently from someone who goes to the ER and then follows up with 8 weeks of physical therapy.

The Pain and Suffering Multiplier

Decades ago, it was customary for insurance companies to pay a so-called pain-and-suffering “multiplier” to accident claimants. Insurance companies would “multiply” medical bills to determine pain and suffering.

Insurance companies stopped valuing claims with a pain and suffering multiplier after realizing that they were losing too much money. Instead, they developed sophisticated software programs that analyze data and compute case values. Software completely removed the human element from the process and has dramatically changed the way cases are valued.

If someone has told you that you should “look into collecting on a pain and suffering multiplier” for your accident claim, you will be disappointed to learn that insurance companies no longer do this.

Currently, you will be compensated based on factors such as the severity of the injury, the length of treatment, and the pain and suffering experienced. This will not equate to a multiplier of your pain and suffering.

Can You File a Pain and Suffering Claim Without a Lawyer?

You can certainly file a claim to recover for pain and suffering without a lawyer. However, without a lawyer, you will most likely collect much, much less. This is not because a lawyer has a magic set of skills. It is because a good lawyer will take the time to work with you, to understand all of the damages suffered, and how to properly present those to the insurance company.

Additionally, a great lawyer will work on the back-end of the settlement, to reduce the money that the client may owe to third-parties — for example, medical providers — and to ensure the client nets the best possible result.

At Negretti & Associates, we pride ourselves on our honest approach to your case value. Through experience we have developed a case valuation tool that helps us arrive at a settlement range for each case, based on specific facts.

Please give us a call to discuss your settlement and we will do our best to give you valuable feedback, so that you can make an educated decision on whether or not to settle your claim.

Call us in Arizona at 602-531-3911, in California at 619-777-3370, and 720-636-3444 in Colorado. Or, you can click here to contact us with our online form. We’ll be happy to talk with you.

california distracted driving lawIt is no secret that distracted driving continues to be on the rise. According to the California Office of Traffic Safety, 80% of vehicle collisions involve some aspect of driver inattention.

According to California distracted driving law, anything that takes your full attention off the road is considered distracted driving.

Texting and Phone Use

Using a handheld device while driving is illegal in California. Judges and juries often award huge recoveries to those who are injured by a driver who was using his cell phone at the time of the incident.

Fast Food

Although eating while driving isn’t prohibited, it is still a major cause of distracted driving accidents. Foods that may require special attention, like the ones that you dip into sauces, are common culprits for distracted driving accidents.

Personal Grooming

Whether its touching up your mascara or shaving before an important meeting, any form of personal grooming while behind the wheel is considered to be distracted driving. Although countless drivers engage in this hazardous form of multitasking, it can also be a massive problem if it results in a car crash.

Rowdy Passengers, Children in the Backseat, Bending Down to Reach the Floor

As mentioned before, anything that takes your full attention off the road is considered distracted driving. Be wary of distracted drivers not looking or paying attention to the road and their surroundings.

Your Potential Distracted Driving Claim

No matter what state you are in, if you have been injured in an auto accident caused by a distracted driver, that person is at fault.

In these cases, the distracted driver and their insurance company are responsible for paying for your damaged vehicle, medical bills, lost wages, and pain and suffering.

If you know if the other driver was texting, eating, meddling with passengers, or distracted for any other reason, it’s important to mention it the police officer writing up the report. Your truthful statement will help build up your future claim.

How An Accident Attorney Can Help You

Your recovery can hinge on whether or not you have an experienced accident lawyer on your side.

An insurance company will try to minimize your injuries to save themselves as much money as possible. Do not go it alone. At Negretti & Associates, we will negotiate with the insurance company on your behalf to get you the maximum compensation you deserve for your current and future medical treatment, property damage, and lost wages.

Our team of accident attorneys knows what it takes to win. We promise to fully investigate your claim and make sure you get the recovery you deserve. If you have been involved in an accident with a distracted driver in California, we invite you to schedule a free consultation with our firm by calling 619-777-3370 or contacting us online.

Wildfires often cause irreparable damage to the environment, public health and your personal property. You can be both directly and indirectly affected. Even those who are far away from a wildfire can be adversely impacted by the air quality it produces.

Wildfires are not always caused by natural forces but sometimes by electrical and power companies who fail to follow safety regulations and protocols.

Recently, the victims of the devastating Woolsey Fire have filed a lawsuit against Southern California Edison alleging that the company was negligent in failing to turn off the power prior to the wildfire. The lawsuit also states that Edison shut off power four days after the fire started, which may have caused further, unnecessary harm.

As such, attorneys representing the Southern California residents are seeking just compensation for victims’ injuries, damaged property, lost wages, and attorney’s fees.

Potential Claims for Wildfire Victims

If you think you have been injured by a wildfire, it could have been due to the negligence of a power or electrical services company. If so, you are entitled to pursue a personal injury claim against negligent companies.

These companies are expected to take proper safety precautions in order to prevent disastrous accidents like wildfires. When they do not adhere to state and federal safety protocol, innocent people can become seriously injured.

How An Attorney Can Help You

Your recovery can hinge on whether or not you have an experienced accident lawyer on your side.

An insurance company will try to minimize your injuries to save themselves as much money as possible. Do not go it alone. At Negretti & Associates, we will negotiate with the insurance company on your behalf to get you the maximum compensation you deserve for your current and future medical treatment, property damage, and lost wages.

We will vigilantly defend your rights and pursue any rightful claims for damages, medical expenses, and compensation for the pain and suffering you have endured. We also understand the importance of securing compensation for future medical treatment. We will also help you collect compensation for time you have to take off from work to deal with your injuries.

Our team of accident attorneys knows what it takes to win. We promise to fully investigate your claim and make sure you get the recovery you deserve. http://www.fire.ca.gov/general/firemaps

 

 

Does your accident involve a Rideshare company such as Uber or Lyft?  Were you the passenger? Were you the other vehicle? What if the driver was on his way to pickup a passenger? Is there insurance coverage in these situations?  It depends. As millions of people use rideshare companies to get around, there is a lack of understanding of what happens and the potential issues arise when being injured due to a rideshare accident involving a driver from a rideshare company. Rideshare companies such as Uber and Lyft have transformed the public transportation industry.  Riders love the low cost, the convenience, the choices (luxury vehicle, SUV, fuel efficient vehicle), the overall friendly service and ability to rate their drivers.

When ridesharing companies first started about ten years ago, it was common practice for their drivers to use the driver’s own personal insurance policies for accident coverage. The problem with this practice was that most personal insurance policies did not cover the driver or their passenger(s) if the driver was operating the vehicle for commercial use. This left the victims of these accidents without a source of recovery.

As more serious accident began to occur, such as the death of a California woman while riding in a Lyft vehicle outside of Sacramento in 2014; rideshare companies and their drivers began to be more closely scrutinized by the public. The conversation about who was ultimately responsible for coverage (the driver or the rideshare company) forced changes in the industry.

Ridesharing companies such as Uber and Lyft now provide their drivers with a $1 million dollar liability policy in the event of an accident. This means that the driver and their passenger(s) may be covered for damages. However, it is not that black and white. The coverage still depends on a variety of factors.

Both Uber and Lyft cover their drivers with a three-part insurance plan, which states:

  1. Driver Mode Off: If the rideshare driver is not driving for Uber or Lyft at the time of the accident, their personal insurance policy will provide liability coverage for accidents caused by the driver. This means the $1 million dollar policy does not apply.

Many insurance companies now offer specific coverage for rideshare. However, it is up to the rideshare driver to look into their personal insurance and add rideshare coverage to their  policy. If the driver fails to do so, they could be personally liable if they are involved in an accident.

  1. Driver Mode On Without a Passenger: If the rideshare driver has the driver mode on and is waiting for a ride request when they are involved in an accident, the driver is covered under both Uber and Lyft’s contingent liability coverage. The contingent liability coverage is used in the event the driver’s personal insurance does not provide coverage or does not provide enough coverage. Lyft’s contingent liability coverage is $50,000.00 per person or $100,000.00 maximum per accident and $30,000.00 for property damage.

However, some states, including California, have created legislation (Assembly Bill 2293) to mandate a higher excess liability coverage when accidents occur during this phase of a  rideshare driver’s employment.  In 2015, California mandated that third-party liability insurance covering the costs of injury, death, and property damage must be at least $200,000.000.

Additionally, the law clarifies that driver’s personal insurance can no longer cover this time period.  It must be covered by the rideshare company.  The new regulations have been put into place to prevent ridesharing companies from claiming their insurance policies should not kick in because drivers have personal coverage.

  1. Driver Mode On With a Passenger: If the rideshare driver has the driver mode on and is driving a passenger at the time of the accident, the driver and the passenger are generally covered by the ridesharing company’s liability coverage. Both Uber and Lyft have $1 million dollar liability coverage policies as well as $1million dollars in uninsured and underinsured coverage.

Rideshare accidents may be complicated, involve multiple insurance companies and need expert investigators.

If you have been involved in an accident involving a rideshare company it is important to contact an attorney at Negretti & Associates for a free consultation.

 

Negretti & Associates had another incredible turn out for our second Fill-A-Bag party for the Phoenix Rescue Mission on Wednesday, November 15, 2017.

A huge thank you goes out to our incredible clients who have shown nothing but love and support donating to our endeavor to help make this world a better place.

We were able to donate 104 bags (1,012 lbs.) of food along with 25 bags (63 lbs.) of dog food to the mission this time.

We also want to thank Kneaders Cafe and Bakery in Scottsdale for letting us come and take over half of their restaurant to fill all of the bags.

From all of us at Negretti & Associates, we thank you!

day of giving 2017 day of giving 2017 day of giving 2017

With roughly 210 million licensed drivers cruising around the United States, it is not surprising that over 15,000 of them are involved in vehicle accidents every day.  Oftentimes, accidents may have devastating effects to drivers and passengers, however, even if nobody is physically injured in a vehicle accident, it is important to know that the participants may still have suffered a financial injury involving their vehicle, known as diminished value.

If you have been involved in a collision in which your vehicle has been damaged and then repaired, diminished value is the difference between a car’s pre-accident value and its value after the repairs.  Even if your vehicle is expertly repaired, with no signs of damage, the fact that it has a damage history or is considered a vehicle that has been in an accident, will make its resale value lower in the eyes of prospective buyer.

However, there is a way in which to recover the diminished value of your vehicle.  A diminished value claim is when you request an amount of money from an insurance company to compensate you for the difference between your car’s value before an accident and its value after an accident.  In some cases, this value may amount to thousands of dollars for newer vehicles.

Each state has their individual diminished value laws.  California, Arizona and Colorado are all diminished value states, which means that you may be entitled to the diminished value of your vehicle following an accident.  The time period in which you must file a claim in order to bring a diminished value claim, or be barred from doing so, in Arizona and Colorado is two years, while in California it is three years.

Steps in a Diminished Value Claim

In most states, if you are at fault for the accident, it is unlikely that you will be able to recover the diminished value of your vehicle.  However, if you are not at fault for the accident, the first thing that you should do when pursuing a diminished value claim is speak with an experienced attorney.

An experienced attorney, like the ones at Negretti & Associates, will work closely with dedicated vehicle appraisers who can help to determine the amount of loss you will incur and the amount of the claim against the insurance company.  Insurance companies do not like paying for diminished value claims and will do everything they can to make it difficult for you to recover.  Many insurance companies save millions of dollars each year because accident victims do not know that they have the option of filing a diminished value claim.

You typically do not have the right to recover for a diminished value loss through your own insurance company.  This applies even when they repair your vehicle.  Therefore, it is extremely important that you put your own insurance company on notice of your intent to pursue a diminished value claim against the at-fault party.  If you do not do this, you could lose out on the property limits that are available to cover your loss.

Consequently, you will be making a diminished value claim through the at-fault party’s insurance company.  Diminished value claims can be very difficult to establish, so a professional evaluation from an appraiser that specializes in diminished value insurance loss is essential.  When evaluating your vehicle, an appraiser may look at things such as: what type of damage did the vehicle sustain, the condition and mileage of the vehicle prior to the accident, was the vehicle repaired to industry standards and has the vehicle been involved in other accidents.

Additionally, a trade-in value in writing from the dealership that you purchased the vehicle from can also help support your diminished value claim.  It is important to know, that in order to establish your vehicles diminished value, you do not have to sell your vehicle; the loss to you occurs at the time of the accident.

It is also helpful to take photos of each angle of your vehicle after the accident.  These photos can be used as evidence to help establish the damage done to your vehicle. It is also important to take photos of your vehicle after the accident to establish that your vehicle has been restored to its original condition.

Once your attorney has the pertinent information, they will begin negotiations with the at-fault insurance company. As mentioned above, diminished value claims are insurance companies unchecked lottery tickets, saving them millions of dollars a year.  Consequently, it may be very difficult negotiating with an insurance company regarding your diminished value claim making it very important that you contact an experienced attorney. The experienced attorneys at Negretti & Associates work with top industry appraisers and will fight for you as we pursue your diminished value loss.

 

Although swimming pools are a great source of entertainment and exercise, it is important for both parents and children to be educated about water safety and pool requirements in order to avoid unnecessary tragedy.

One of the countless benefits of living in Arizona is the many days of clear skies and sunshine.  Phoenix ranks fourth in the United States for annual days of sunshine, boasting 211 days of sunshine a year (Yuma, Arizona ranks number one).  With the amount of sunny days, it’s no wonder why the indoor-outdoor lifestyle is so common to Phoenicians.  Residents are accustomed to flip-flops year-round, daily applications of sunscreen, collections of sunglasses and swimming pools.

In most states, a swimming pool is a luxury, however, in Phoenix it is staple.  In fact, Phoenix ranks number one in the United States in residential pool ownership.

Two new reports from the U.S. Consumer Product Safety Commission (“USCPSC”) cited that 390 children drown each year in the United States, with the majority of this number occurring in the summer. Inez Tenenbaum, chairman of the USCPSC, puts that number into perspective explaining, “We are talking about 15 preschool classes lost in a pool or spa every year.”

In 2016 in Arizona alone, there were 157 water related incidents, 90 of which involved toddlers and infants, resulting in 16 deaths. In 2017 there have already been 44 deaths.  Subsequently, drowning is the leading cause of death in 1-4 year olds in Arizona.

Some of the common causes of drowning include:

  • Lack of swimming ability
  • No barriers surrounding the pool
  • Parents lack of supervision in the bathtub
  • Panic when in the water
  • Boating accidents
  • Fatigue
  • Concussion, heart attack or seizure while in the water
  • Alcohol use
  • Nonuse of lifejackets

Lori Schmidt, president of the Drowning Prevention Coalition of Arizona, says the “ABCs” of preventing drowning remain the first and best line of defense when working at eliminating child drowning tragedies.  Schmidt states, “The No. 1 thing people need to understand is we can prevent drowning so we need to make sure we take those steps to lower our chances. Drowning prevention is a three-pronged approach with the key being adult supervision.” The three prongs (ABC) include: adult supervision, barriers to water access and life vests and coast guard approved CPR classes for adults.

Additional ways to prevent drowning include:

  • Educating your child about pool safety, including, but not limited to: where they can swim, what activities are appropriate, if they may dive into a pool, what to do if they are struggling in any way, where the pool ladders or steps are located, what to do if another child is struggling in a pool and how to deal with pool or spa drains.
  • Instructing your children on what drowning means.
  • Installing pool barriers (it is the law). It is not enough to lock the house doors, children of all ages can think of crafty ways to open a locked door, go through a window or out a doggy door.
  • Parents must educate themselves, including CPR, proper supervision, and correct installation of pool drains and covers.
  • Appreciating and knowing the environment, including water depth, water current and terrain.
  • Enrolling your child in swimming lessons, children are able to begin swimming as young as six months of age. Both Hubbard Family Swim School and Aqua-Tots offer classes to children as young as four months of age through advanced swimmers.  Additionally, both companies offer classes for special needs children.
  • Never consuming alcohol while operating a boat or any type of watercraft.
  • Knowing, and being honest, about you, or your child’s swimming level.
  • Understanding how to choose and fit a life jacket.
  • Recognizing the risk of a “dry,” or delayed drowning.

The Arizona State Legislature has recognized the importance of pool safety and passed A.R.S. § 36-1681 to prevent children from gaining unsupervised access to residential swimming pools.  The statute includes requirements such as: pool enclosure height (must be at least five feet high), door and gate measurements, when a wall or barrier is necessary and enclosure distance from the water’s edge.

In part, A.R.S. § 36-1681 states:

“A. A swimming pool, or other contained body of water that contains water eighteen inches or more in depth at any point and that is wider than eight feet at any point and is intended for swimming, shall be protected by an enclosure surrounding the pool area, as provided in this section.

  1. A swimming pool or other contained body of water required to be enclosed by subsection A whether a belowground or aboveground pool shall meet the following requirements:
  2. Be entirely enclosed by at least a five-foot wall, fence or other barrier as measured on the exterior side of the wall, fence or barrier.
  3. Have no openings in the wall, fence or barrier through which a spherical object four inches in diameter can pass. The horizontal components of any wall, fence or barrier shall be spaced not less than forty-five inches apart measured vertically or shall be placed on the pool side of a wall, fence or barrier which shall not have any opening greater than one and three-quarter inches measured horizontally. Wire mesh or chain link fences shall have a maximum mesh size of one and three-quarter inches measured horizontally.
  4. Gates for the enclosure shall:

(a) Be self-closing and self-latching with the latch located at least fifty-four inches above the underlying ground or on the pool side of the gate with a release mechanism at least five inches below the top of the gate and no opening greater than one-half inch within twenty-four inches of the release mechanism or be secured by a padlock or similar device which requires a key, electric opener or integral combination which can have the latch at any height.

(b) Open outward from the pool.

  1. The wall, fence or barrier shall not contain openings, handholds or footholds accessible from the exterior side of the enclosure that can be used to climb the wall, fence or barrier.
  2. The wall, fence or barrier shall be at least twenty inches from the water’s edge.”

Additionally, public swimming pools in Arizona must be in compliance with the Virginia Graeme Baker Federal Pool and Spa Safety Act.  The Act was signed by President Bush on December 2007, to prevent public swimming pool and spa accidents.

It only takes seconds for tragedy to occur.  Make sure that you have educated your household about the crucial elements of pool safety, so that your family may continue to enjoy Arizona’s sunny days and all the benefits a pool has to offer.   Should you need any assistance with a pool related injury, please contact Negretti & Associates for a free consultation.

Being involved in a motor vehicle accident can be a devastating and life changing event, not only for the people involved, but for their family, friends, co-workers and the community.  The National Highway Traffic Safety Administration estimated that in 2015 there were 2.44 million people injured in motor vehicle accidents with over ten million accidents that year.  Additionally, it is estimated that the average driver will file a claim for a vehicle collision every 17.9 years.

Although most drivers aim to be safe and defensive while driving, it is important to know what steps you should take if you have been involved in a vehicle collision.

Stop at the Accident Scene

The first step that you should take when you are involved in an automobile accident is to stay at the scene.  Many states, including Arizona, have laws that require a person involved in a vehicle accident to perform certain duties.  Arizona Revised Statute 28-663 requires a person that was involved in an accident to:

“1. Give the driver’s name and address and the registration number of the vehicle the driver is driving.

2. On request, exhibit the person’s driver license to the person struck or the driver or occupants of or person attending a vehicle collided with.

3. Render reasonable assistance to a person injured in the accident, including making arrangements for the carrying of the person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if the carrying is requested by the injured person.”

Additionally, it is important to not leave the scene because criminal charges may be filed if you flee. Arizona Revised Statute 28-611 requires drivers that have been involved in an accident resulting in injury or death to stop and comply with Arizona Revised Statute 28-663, or they may be charged with a felony.

Check for Injuries

Once you are stopped at the scene it is imperative that you determine whether you, or any other person in the accident, has been injured.  If there is an injury to any person involved, call 911 immediately. If you are not injured and you can drive your car, and it is safe to do so, move your car to an area that will not be obstructing other traffic more than necessary.

It is also important to note that if you feel, at any point after the accident, that you have soreness or that you have a minor injury, you should visit a physician.  After an accident, the people involved may be confused and running on adrenaline, which may cause the body to ignore injuries that have been sustained due to the collision.  Additionally, you may have sustained injuries that cannot be detected by the naked eye, they may be internal.  It is important to visit a physician to get treatment for any injury, whether minor or major, as well as to rule out any internal injuries and to create documentation of your injuries that you may bring to your attorney and have for your insurance company.

Police and Accident Reports

Once you have taken the proper health precautions at the accident scene, you should call the police.  The police will arrive on the scene and file an accident report.

Each state has different laws pertaining to filing accident reports.  For example, in Colorado, each person involved in an automobile accident has a duty to report a traffic accident.  If the driver of the vehicle is physically unable to file a report, it is the duty of a capable passenger to do so.  If a person is involved in an automobile accident in which someone is injured and does not file an accident report, it is considered a class 2-misdemeanor traffic offense.

A traffic report may be important for many different reasons, however, especially if you file a claim because of injuries sustained in the vehicle accident.  Although the police report is generally not admissible in civil court, it is very persuasive and may assist in gaining leverage in informal settlement discussions with an insurance carrier or opposing counsel in your personal injury dispute.

The report may contain helpful information such as the date, time, weather conditions and location of the accident.  It will also contain the name, statements and telephone numbers of others involved in the accident, or any witnesses to the accident, which may prove invaluable when trying to prove fault.

Furthermore, the report will have the officer’s initial assessment of fault and if the officer has given a citation to the at-fault party.  This will include the officer’s written description of the details and causes of the accident, and usually includes a diagram. Causes of the accident may include negligence, violation of a vehicle code, or use of drugs or alcohol.

Once the police arrive on the scene they will ask pertinent questions about the accident; you should answer their questions.  However, stick to the facts.  The police will put their initial assessment of fault on a police report and many times during accidents people are confused and may admit things that they are not liable for.  Therefore, it is important to stick only to the facts, as liability will be investigated at a later time.

Collect Relevant Evidence

After you have answered the officer’s questions and cooperated fully, take time to collect the phone numbers and names of any persons involved in the accident or witnesses to the accident.  If you have the opportunity to speak with anyone at the scene make sure that make notes of their responses.  Additionally, try and document by writing, or photos (most people will be able to take photos using their phones), any injuries that you may have to your person, vehicle, or any other information that you believe is critical.

Shortly after the accident, take time to write down your own detailed account of what occurred.  It is important that this is done shortly after the accident so that every detail that you can remember is noted.  Many times, injury claims may take months, or even years, and people forget important details during that time.

Your description should include weather conditions, the time of day, a play-by-play description of how the accident occurred, any statements made by persons involved in the accident or witnesses, and any injuries that you sustained or emotions that you feel after being involved with the accident.

Contact a Personal Injury Attorney

If you are injured in an automobile accident you should speak with an experienced personal injury attorney as soon as possible.  An attorney will be able to evaluate your case,  guide you through the personal injury process, analyze the information you have gathered, and speak with insurance companies, which will allow you to focus on what’s most important, your health.  Contact the attorneys at Negretti & Associates for a free case evaluation.

 

           

 

dog bite laws arizona california colorado

Dogs are considered to be part of the family, offering a wide range of benefits — companionship, unconditional love, lower blood pressure, exercise, and opportunities for children to learn responsibility. Dogs are especially loved in Arizona, which has the highest percentage of dog owners in the United States. Approximately 1.7 million (43.3 percent) Arizona households include man’s best friend!

However, what happens if your beloved family dog bites another individual?

Common Law and Colorado’s “One Bite Rule”

Under the common law, a person that was injured by a dog could recover if they proved that the owner knew, or should have known, that the animal had a predisposition to cause harm. This was known as the “one bite rule.”

Under the Colorado “one bite rule,” an owner generally would not be held liable if his or her dog bit someone for the first time, because the owner would never have known that the dog had a predisposition to cause harm. However, once the dog had bitten someone (or growled and snapped), the owner would know that the dog had the ability to cause harm, and could be held liable if the dog bit a person in the future.

Colorado is included in a list of states that apply the “one bite rule.”

Arizona and California Dog Bite Law

Arizona and California, however, impose strict liability on the owner of a dog in dog bite cases. This means that in Arizona and California, dogs do not get “one free bite.” Owners will be held strictly liable for the injuries caused by their dogs without regard to an owner’s knowledge of the dog’s predisposition to cause harm.

Arizona Revised Statute 11-1025 and California Civil Code section 3342 govern dog bite cases. Arizona and California law explain that a dog’s owner is liable if his or her dog bites a person who is in a public place or lawfully in a private place when the bite occurs, “regardless of the former viciousness of the dog or the owner’s knowledge of its viciousness.”

Two common defenses that may be raised in an Arizona or California dog bite case include trespassing and provocation. Since both laws require the injured person to “lawfully” be in a public or private place when the injury occurs, a person who is trespassing would be on the premises unlawfully. Therefore, the trespasser would be unable to recover damages. Additionally, the statute states that an injured person cannot recover if the person “provoked” the dog. Although provocation was initially directed at military or police dogs, it is a common defense for household pets as well.

Damages

Although the dog owner is liable for any injuries caused by their dog, often their insurance company will ultimately pay for the damages. Additionally, rental, business and landlord insurance may also cover dog bite injuries. Some damages that may be recovered from a dog bite case include: lost wages, medical bills, future medical bills, therapy, pain and suffering and loss of quality of life.

Dogs add such a wonderful facet to life. Please take the time to review your state’s dog bite laws to keep your family, which includes your dog, and others safe.

Negretti & Associates Can Help

If you have been bitten by a dog, it’s important to get medical treatment right away. After that, you’ll need to begin collecting evidence as quickly as possible. Contact our team of dog bite lawyers so that we can evaluate your situation and help you determine if your case is worth pursuing.