The Law Office of Nathan C. Cooley, PLCMesa Personal Injury Attorney | The Law Office of Nathan C. Cooley, PLC2024-03-13T12:42:46Zhttps://www.ncooleylaw.com/feed/atom/WordPressOn Behalf of The Law Office of Nathan C. Cooley, PLChttps://www.ncooleylaw.com/?p=476082024-03-13T12:42:46Z2024-03-13T12:42:46ZLooking at the right people
In many cases, the insurance providers for the truck driver, the trucking company or other involved parties are the ones who will actually handle the claims. However, if you are considering filing a personal injury lawsuit, it is beneficial to know who can be liable.
Depending on the unique facts and circumstances surrounding the truck accident you were involved in, you can file an injury suit against the following individuals and entities:
Truck driver: If the accident was due to the driver's negligence, such as speeding, distracted driving or driving under the influence, you can file a claim against the driver.
Trucking company: You can hold the truck company responsible if the accident was a result of the company's negligence, such as inadequate driver training or allowing drivers to exceed the allowed hours of service.
Truck or truck parts manufacturer: If the truck accident was due to a mechanical failure that you trace back to a manufacturer's defect, you could file a claim against the manufacturer of the truck or its parts.
Cargo loaders: Improperly loaded or secured cargo can cause accidents and the party responsible for loading the truck could be at fault.
Government entities: If the accident was a result of poor road conditions or inadequate signage, the local government or road authority where the accident happened can be responsible.
Note that there may be other entities that could be liable, especially in extremely unique cases. Nonetheless, the ones above are the common parties responsible in truck accident cases.
Finding your answer
If you are unsure who is liable in your situation, it is usually beneficial to consult with a personal injury attorney who specializes in truck accidents to help determine all the potentially liable parties and to navigate the complexities of your claim.]]>On Behalf of The Law Office of Nathan C. Cooley, PLChttps://www.ncooleylaw.com/?p=476072024-03-06T10:14:49Z2024-03-06T10:14:49Zemotional damages, you are asking for compensation for noneconomic losses, including grief, sorrow, loss of companionship and mental anguish resulting from the death of a loved one. Nonetheless, while intangible losses are difficult to prove, it is still possible.
Gathering comprehensive evidence
To build a strong case for emotional damages, it is essential to gather comprehensive evidence, which includes the following:
Testimonies from family and friends: Personal accounts from you, other family members, relatives and friends can illustrate the relationship the deceased have had with you and the emotional toll the loss has taken on you.
Expert testimony: Mental health professionals can provide expert opinions on the psychological impact the death has had on you and other surviving family. They can also discuss the typical symptoms and long-term effects of grief and trauma.
Journals or diaries: Written records you or others have kept that document your emotional state over time can serve as a tangible account of your pain and suffering.
Photos and videos: Visual evidence of the deceased's life and their interactions with you and the other surviving family can help convey the significance of your loss.
While these evidences do not guarantee success, they can help you increase your chances of receiving compensation for the emotional pain you have suffered.
Pursue relief from your financial woes
No amount of compensation can replace the pain and wave of emotions you feel for losing a loved one in a wrongful death. Nonetheless, receiving monetary damages can help you reduce the financial distress you are also facing.
By understanding how you can make a persuasive claim for emotional damages, you can move forward confidently with pursuing your loved one’s wrongful death case. All of this is possible through extensive research and the guidance of a legal professional.]]>On Behalf of The Law Office of Nathan C. Cooley, PLChttps://www.ncooleylaw.com/?p=476052024-03-01T14:28:29Z2024-03-01T14:28:29ZFatigue can stem from more than a lack of sleep
Lack of sleep is an obvious cause of fatigue, but it’s not the only one. Anything that makes someone drowsy can lead to problems. This includes working shifts that force a person to drive while they normally sleep. Another issue that can lead to fatigued driving is drugs. This involves illegal ones, but over-the-counter and prescription medications can also cause it. For example, antihistamines and narcotic pain relievers are common culprits.
Microsleeps are a primary concern
One of the main issues that can occur with drowsy driving is when a driver dozes off while they’re driving. A microsleep lasts only a few seconds, but that’s enough time for a catastrophic injury to occur because the vehicle is moving without sufficient control by the driver. In only five seconds, a vehicle will move the length of a regulation football field if it’s moving at 55 miles per hour. That distance will be even longer if the vehicle moves at interstate speeds.
When a crash occurs
The victims of a drowsy driving crash may suffer from catastrophic injuries, which can lead to costly medical care. They may not be able to return to work as they did before the crash. This can also have a significant impact on their finances, but they have the option of seeking compensation from the fatigued at-fault party to help offset negative financial impacts.
Working with a legal representative who can help them learn their options and build the case to move forward is generally a good idea, given what’s at stake and the complexities of such matters.]]>On Behalf of The Law Office of Nathan C. Cooley, PLChttps://www.ncooleylaw.com/?p=476042024-02-27T17:32:52Z2024-02-27T17:28:23ZPhotographs and videos
Right after the incident, it's essential to use your smartphone to take as many photos and videos as possible. Capture the accident scene, the damage to vehicles involved and any visible injuries. Don’t forget to include any important road conditions or traffic signs in your pictures.
These visuals provide tangible proof of the circumstances surrounding the incident and can help substantiate your claim.
Police report
When the police arrive at the scene, they will write an official report of the accident. This report often includes details about who might be at fault. A police report can serve as a strong piece of evidence for your claim, especially coming from an enforcement agency. So, it's crucial to obtain copies of the police report as supporting documents for your claim.
Witness statements
If there were any witnesses to the accident, you should get their names and contact details. Ask them to provide a short statement about what they saw. These firsthand accounts can support your version of events, providing a wider view of the incident.
Medical records
If you sustain any injuries, seek medical attention immediately. Your medical records and bills can serve as evidence of the injuries you sustained and the treatment you received. Keeping copies of these records is important as they show the physical and financial impact the accident had on you.
Supporting your case
Beyond these tangible pieces of evidence, your recollection of what happened is equally important. Don’t underestimate the value of documenting everything you remember as soon as possible, from the weather conditions to the direction you were traveling. This personal account can provide valuable context and support for your claim.
In fighting for fair compensation, it's not uncommon for an insurer or the at-fault driver to dispute your claim. In such cases, consider consulting a legal professional who can help protect your rights and guide your response to the dispute.]]>On Behalf of The Law Office of Nathan C. Cooley, PLChttps://www.ncooleylaw.com/?p=476022024-02-15T19:31:42Z2024-02-15T19:31:42ZCrashes can cause new functional limitations
Whether someone works in a mentally-exhausting white-collar career or a physically-demanding blue-collar profession, crash injuries could affect their job performance. Someone who suffers a spiral fracture to their leg, for example, may never have the same strength and range of motion they previously enjoyed. Others could suffer consequences from a brain injury that affect their job performance in a white-collar job. Injuries can diminish the income someone can earn and may force them to retire or change professions.
Lost time can affect career trajectories
Even in scenarios where workers could make a full recovery, they may miss work. Both extended leaves of absence after a crash, and regular, shorter absences while undergoing treatment can affect someone's career opportunities. Generally speaking, employers should not consider medical issues when deciding who to promote. However, research has shown that those who miss large amounts of work for health-related issues often have a more difficult time developing their careers than those who do not frequently miss work.
Collisions can affect mental health
A car crash that severely injures someone or causes injuries to others could affect someone's mental health. People sometimes develop post-traumatic stress disorder (PTSD), depression or anxiety after a major collision. The mental health consequences of a crash can have subtle implications on someone's career. They may have a harder time closing deals with clients or may no longer be as effective at managing subordinates in the workplace. The mental health and social consequences of crash trauma can impact someone's job performance and diminish their chances of securing the best opportunities in the future.
Individuals who are negotiating insurance settlements or preparing to take a personal injury claim to court often need to consider the potentially complex career consequences their injuries could trigger. Accurately quantifying the financial impact an injury can have on someone's income may make it easier for them to request a fair amount of compensation after a crash caused by another’s negligence.]]>On Behalf of The Law Office of Nathan C. Cooley, PLChttps://www.ncooleylaw.com/?p=476012024-02-14T07:27:54Z2024-02-14T07:27:54ZDelaying reporting the accident
After a car accident, informing your insurance company as soon as possible is important. A delay in reporting can raise questions about the validity of your claim. So, even if there’s a lot going on, make sure you take the time to report the accident to your insurer to avoid doubts about the claim’s legitimacy. In the state of Arizona, there’s no specific time limit stated by law to report an accident to your insurer, but, if possible, you should do so within 24 hours.
This allows you to provide the most accurate information while the details of the accident are still fresh in your mind.
Any omission or provision of incorrect information could lead to complications later on. These complications might include delays in processing, disputes over a fair coverage evaluation or even a denial of your claim.
Accepting the first settlement offer
Your insurance company may offer you a settlement offer quickly after the accident. However, keep in mind that they may not always have your best interests at heart. The initial offer could be lower than what you’re rightfully entitled to, or it could be based on a quick, less thorough investigation of the accident. As such, it’s essential to carefully review the initial offer before accepting. Given the complexity of these matters, consider consulting a legal professional. They can guide you through the legalities of the process and help you with your claim.]]>On Behalf of The Law Office of Nathan C. Cooley, PLChttps://www.ncooleylaw.com/?p=475982024-02-13T15:03:12Z2024-01-31T15:12:03ZDetermining whether to report a minor car accident to your insurance company can be confusing. It can be especially challenging when the accident appears minor, with little to no visible damage or injuries. Minor accidents could include situations like a small fender bender, a minor scrape or a low-speed collision.
Regardless of how minor the situation might seem, there are several reasons why you should still report it to your insurance company.
Staying ahead of the other driver
In Arizona, reporting a minor incident to your insurance company is not legally required. However, doing so can be beneficial. Reporting the incident provides your insurance company with the necessary details about what happened. With the information you provide, they will be better prepared if the other driver decides to file a claim against you.
Considering injuries from minor accidents
When considering injuries from minor accidents, it's crucial to remember that even in such incidents, injuries may not be immediately apparent. Soft tissue injuries, for example, might not show symptoms until a few days after the incident. Reporting the accident to your insurance company allows them to document these injuries.
This documentation can help establish a connection between the accident and any injuries, which could become important if symptoms develop later on and a claim needs to be filed.
Starting the claim right
Leaning toward the safe side by reporting the incident to your insurance company is important. Doing so not only provides a formal record of the event but also prepares you for any potential claims that may arise in the future. Plus, it becomes especially beneficial if the other driver was at fault, as you may later need to file a claim against their insurance for bodily injury, avoiding unnecessary out-of-pocket expenses.
If you find yourself in a situation where the other driver was at fault, or you need to file a claim for bodily injury, you should consider consulting an attorney. They can help you with your insurance claim and recover compensation according to your accident.]]>On Behalf of The Law Office of Nathan C. Cooley, PLChttps://www.ncooleylaw.com/?p=475972024-01-30T01:03:57Z2024-01-30T01:03:57Zlast four decades.
Numerous factors contribute to a pedestrian's level of risk, many of which are outside of their control. Trends in vehicle design, for example, have a relationship with pedestrian collisions. Bigger vehicles and smaller windshields both contribute to the increased risk for those walking or jogging near motor vehicles.
There are other factors that connect many pedestrian crashes, and Arizona residents who are aware of those risk factors may have an easier time avoiding an incident that could produce life-altering or fatal injuries.
Vehicle speed
One of the most important considerations when evaluating the severity of a pedestrian crash is the speed of the vehicle involved. At slower speed limits, like those used in residential neighborhoods, pedestrian crashes are likely to cause injury but less likely to cause fatalities. Once the speed of the vehicle reaches 42 miles per hour, the chance of someone dying increases to about 50%. Pedestrians can protect themselves by choosing to walk in residential neighborhoods or on trails instead of on rural roads with higher speed limits.
Visibility issues
A large number of pedestrian collisions occur after dark. Drivers already have a hard time noticing pedestrians in traffic. When they have trouble monitoring their surroundings due to darkness, the chances of a crash may increase. Decreased visibility coupled with decreased awareness of pedestrian activity at night contribute to nighttime pedestrian crash risk. Pedestrians who walk during the day or use illuminated gear to draw attention may be able to reduce their risk of a crash.
Distraction while walking
Most people readily acknowledge that distracted driving is dangerous, but they may think nothing of typing out a text message while walking to the corner store. Distracted pedestrians may step out into traffic and end up severely hurt as a result. Pedestrians should pay close attention to their surroundings, especially when they approach intersections or cross the street.
If a motorist strikes a pedestrian, they may have to provide insurance coverage for the injured pedestrian. In some cases, the pedestrian may even have grounds to take legal action against the driver who hit them if their insurance coverage is not sufficient to address their losses.
Understanding these risks can help pedestrians to avoid collisions and can help accident victims to build stronger cases against at-fault parties.]]>On Behalf of The Law Office of Nathan C. Cooley, PLChttps://www.ncooleylaw.com/?p=475962024-01-18T07:55:05Z2024-01-18T07:55:05Zfile a wrongful death claim include the decedent’s spouse, child, parent or estate representative.
The common damages they can recover tend to be financial in nature. These economic losses cover reasonable funeral and burial expenses, the decedent’s medical bills, lost wages the decedent would have earned had they survived, and property repair or replacement.
However, not all damages are quantifiable. Surviving families may also experience intangible losses that may not have a direct amount but still deserve compensation.
Identifying noneconomic damages
The devastation from losing a loved one can impact surviving families’ well-being in ways that can have long-term adverse consequences. So, it will help if the eligible party knows the noneconomic damages they can claim, including:
Emotional and mental pain and suffering
Loss of love, affection, intimacy, companionship or consortium
Loss of household services or the decedent’s role in maintaining the household, such as being the family’s primary breadwinner
A wrongful death case can have an amicable resolution or a disputed litigation. Surviving families may negotiate and settle with the defendant’s insurance company. On the other hand, suppose both parties continue to disagree on terms. In this case, the judge can decide how much to award based on presented proof and other relevant factors.
Finding closure
In truth, no amount can sufficiently compensate for the profound loss of a loved one’s death. However, with their legal team’s guidance and support, surviving families can use the financial relief to help them move forward. Doing so can also bring the decedent to an honorable and peaceful rest.]]>On Behalf of The Law Office of Nathan C. Cooley, PLChttps://www.ncooleylaw.com/?p=475952024-01-09T20:19:43Z2024-01-09T20:19:43ZUnderstanding liability in Arizona
Imagine driving along Arizona roads, and suddenly, a wild animal jumps in front, causing an accident. One question may arise: Who will pay for your damages?
In Arizona, the individual who causes the accident typically bears financial responsibility for the resulting damages. If no one else was involved, the driver may have to shoulder the damages themselves. In the same vein, if the driver’s attempt to avoid the animal causes them to hit another person or damage property, they could be held liable.
Things may become complicated if multiple drivers are found at fault. Arizona courts abide by the legal doctrine of comparative fault. The judge will determine how much each party contributed to the accident and assign an amount based on their responsibility.
In case of a single vehicle accident, the driver’s insurance provider may pay for a portion of the damages. However, this depends on the exact terms of their policy. It can also become particularly difficult to make a claim.
Determining the at-fault driver is crucial when determining liability. However, it is likely that the driver involved in a car accident with an animal will have to shoulder the expenses.
Don’t let your guard down
Navigating Arizona roads demands extra precaution, particularly due to the risk of encountering wildlife. In case of a car accident with a wild animal, the guidance of a personal injury attorney can be pivotal when pursuing compensation.]]>