Phoenix Personal Injury Lawyer Blog

CAR SAFETY FOR DOGS

Posted by Jay L. Ciulla | Oct 29, 2014 | 0 Comments

n our Phoenix personal injury law firm, we rarely see cases of injuries to a pet dog in a car accident; however, it is no beyond the realm of possibility. I am sure you are aware that dogs are allowed to ride in automobiles without restraint and are often allowed to stand with their heads out window! I am sure you agree that a dog is a beloved family member, whose loss you would mourn just as greatly. I am sure you would agree that medical care for a dog is as expensive as medical care for its master. More often or not, a dog owner will not have medical insurance on the dog for economical reasons. Reasons for restraining a dog include:

Representing Injured Children in Arizona

Posted by Jay L. Ciulla | Oct 27, 2014 | 0 Comments

I often represent injured children in my Phoenix, Arizona personal injury law practice. Typically, one or both parents retain me to represent their child who was injured in a car accident, dog bite or in a premises liability case. There are some additional legal complications involved in representing children, because typically, court approval of the settlement and appointment of a conservator is necessary for claims in excess of $10,000.00. Arizona Revised Statute § 14-5401 et seq,

Claims Against Public Entities or Employees Must Be Served within 180 Days

Posted by Jay L. Ciulla | Oct 26, 2014 | 0 Comments

You snooze - you lose. Many valid personal injury cases go unpaid because of blown deadlines. Most people injured by a public entity or public entity are shocked to learn that they have only 180 days under Arizona law to file a Notice of Claim. This law applies to all sorts of claims against state and local governments including routine car accident cases where the at-fault party is a public employee, such as a police officer or public school employee. Arizona Revised Statute Section 12-821.01 lays out the specific requirements for a Notice of Claim, like serving the notice before the deadline and demanding a "sum certain."

CHECK YOUR CAR: ONLINE VEHICLE RECALL INFORMATION

Posted by Jay L. Ciulla | Oct 24, 2014 | 0 Comments

This post is a follow up to my recent blog regarding the mass vehicle recalls -  . Although most of the car accidents we are called upon to deal with in our Phoenix personal injury law firm are caused by negligence or driver error, sometimes they are caused by defects in the vehicle itself.  How ...

STEPS TO TAKE AFTER A MINOR CAR ACCIDENT

Posted by Jay L. Ciulla | Oct 23, 2014 | 0 Comments

At our Phoenix personal injury law firm, we help car accident victims obtain a fair amount of compensation from third party insurance companies. We find that often opportunities are lost because clients do not know what to do immediately after a car accident. Some auto insurance companies give their insured checklists to keep in their glove compartments. If you do not have a checklist, we have provided one below for minor car accidents.

YUCK - RAT HEAD CHILI - Foreign Objects in Restaurant Food Cause Injury

Posted by Jay L. Ciulla | Oct 22, 2014 | 0 Comments

When we spend hard-earned money in restaurants, we hope that back in the kitchen, our food is prepared in a safe manner. Unfortunately, this is not always the case. In a recent well publicized and disgusting case in Florida a man was served a rat head in his meal: Rat head found in Golden Coral chili. Cases of foreign objects in food are not as rare as you might think. I have personally represented personal injury clients who ingested dangerous foreign objects in their restaurant food and were injured. In one case, a client ingested a piece of metal in a deli sandwich which lodged in his throat requiring surgical removal. In another case, in which I was an arbitrator, a man was served a bottle cap in his soup which lodged in his throat nearly choking him to death.

CONSUMER ADVISORY: DEFECTIVE AIRBAGS CAUSE INJURIES IN CRASHES

Posted by Jay L. Ciulla | Oct 21, 2014 | 0 Comments

At our Phoenix personal injury law firm, we generally help people who have been injured in a car accident with another vehicle. In our cases, airbags usually are a safety device that prevents serious injury or death. However, the consumer advisory regarding airbags issued by NHTSA yesterday is important . On October 20, 2014, National Highway Traffic Safety Administration (NHTSA) issued an urgent consumer advisory to owners of Toyota, Honda, Nissan, Mazda, BMW, and General Motors cars dating back to 2002

PHOENIX PROHIBITS TEXTING WHILE DRIVING BUT ARIZONA DOES NOT

Posted by Jay L. Ciulla | Oct 20, 2014 | 0 Comments

y now, most everyone is aware that distracted driving, especially texting while driving is unsafe and is a common cause of car crashes. Texting, Facebooking, or emailing while driving has been unlawful in the City of Phoenix since 2007. However, the State of Arizona has not enacted legislation prohibited this conduct. According to the Governors Highway Safety Association 44 states, D.C., Puerto Rico, Guam and the U.S. Virgin Islands ban text messaging for all drivers. Arizona is missing from that list.

OPENING THE CAR DOOR CAN CAUSE A CRASH

Posted by Jay L. Ciulla | Oct 18, 2014 | 0 Comments

Every so often, I encounter a case in which a parked vehicle opens a door into a pedestrian, bicycle or another vehicle causing an car accident. In one such case, a parked car negligently opened a door in front of my bicyclist client, causing her to fly off her bike causing a head injury. Most people don't know that Arizona law places the higher duty of safety on the vehicle opening the door. Arizona Revised Statute, Section 28-905. Opening vehicle door reads as follows:

WATCH FOR PEDESTRIANS

Posted by Jay L. Ciulla | Oct 17, 2014 | 0 Comments

Being a pedestrian is dangersous - according to NHTSA, "[f]ourteen percent of all traffic fatalities and an estimated 3 percent of those injured in traffic crashes were pedestrians." There are several Arizona traffic laws that seek to protect pedestrians from motor vehicle accidents. First, A.R....

BACK YARD TRAMPOLINE DANGER

Posted by Jay L. Ciulla | Oct 15, 2014 | 0 Comments

As a Phoenix personal injury lawyer, I generally deal with lawsuits concerning car accidents or dog bites; however, occasionally I have a case involving a trampoline injury. Some parents see trampolines as toys that will keep their children occupied away from the television and ipads; however, according to SpineUniverse.com, home-use trampolines actually cause the most trampoline-related injuries. The American Academy of Pediatrics has gone so far as to recommend that parents never purchase trampolines for home use and never allow their children to jump on trampolines at someone else’s home.

NHTSA ESTIMATES 39,976 LIVES SAVED BY FRONTAL AIR BAGS

Posted by Jay L. Ciulla | Oct 14, 2014 | 0 Comments

Here at our Phoenix personal injury law firm, the majority of our cases are motor vehicle collisions. We are happy that since the advent of safety devices in cars, most of our clients are survivors of these collisions, not their heirs. Unfortunately, there are still drivers and passengers who do not believe in the laws of physics and refuse to wear their seat belts. Frontal air bags are the second line of defense against serious injuries; seat belts are still the first and best defense in car accidents.

Hospital Liens on Personal Injury Cases in Arizona

Posted by Jay L. Ciulla | Oct 13, 2014 | 0 Comments

Most injury victims are shocked when they learn that the hospital has recorded a lien with the county recorder after they received treatment due to an accident, crash or other incident that may be the fault of a third party. Arizona has unique laws that pertain to these liens. Basically, the hospi...

Q & A: SHOULD I WAIT TO SEE IF I NEED TO HIRE A LAWYER FOR MY ACCIDENT CASE?

Posted by Jay L. Ciulla | Oct 09, 2014 | 0 Comments

Q & A: SHOULD I WAIT TO SEE IF I NEED TO HIRE A LAWYER FOR MY ACCIDENT CASE? No, it is almost never a good idea to wait to hire a lawyer. An experienced competent attorney can do a lot of good early in a case. Since most attorneys handle injury cases on a contingency fee, you don't save any money by waiting to hire a lawyer. It is critically important to preserve evidence, locate witnesses and document the case properly from the beginning.

BICYCLE SAFETY AND CRASH PREVENTION

Posted by Jay L. Ciulla | Oct 06, 2014 | 0 Comments

In our Phoenix personal injury law firm, we negotiate fair settlements for bicyclists who have collisions with automobiles. In 2012, 726 cyclists were killed and an additional 49,000 were injured in motor vehicle traffic crashes. Cyclist deaths accounted for 2 percent of all motor vehicle traffic fatalities and made up 2 percent of the people injured in traffic crashes during the year.

Q & A: SHOULD I GIVE A RECORDED STATEMENT TO THE INSURANCE COMPANY AFTER A CRASH?

Posted by Jay L. Ciulla | Sep 22, 2014 | 0 Comments

Q & A: SHOULD I GIVE A RECORDED STATEMENT TO THE INSURANCE COMPANY AFTER A CRASH? No, you should NOT give a recorded statement to an insurance adjuster after a car accident, until you speak with a lawyer. If you are asked to give a recorded statement by an insurance company, you should politely refuse to do so until you have consulted with an attorney.

TEACHING CONSTITUTIONAL LAW TO 5TH GRADERS

Posted by Jay L. Ciulla | Sep 18, 2014 | 0 Comments

Today, I had the pleasure speaking to three 5th grade classes at the Landmark School in Glendale, Arizona for Constitution Week 2014. We discussed the Bill of Rights as a human rights document and covered each of the individual rights contained in the bill of rights. We looked at First Amendment ...

WRONGFUL DEATH LAWSUIT FILED AGAINST SKIER WHO CRASHED INTO ANOTHER SKIER ON ASPEN MOUNTAIN

Posted by Jay L. Ciulla | Sep 15, 2014 | 0 Comments

A lawsuit was filed by the estate of a 48 year-old woman was killed in a skiing crash at Aspen Mountain, Colorado. She had stopped on the side of a run to wait for her boyfriend, when she was struck by another woman skiing downhill, a 53 year-old New York City dermatologist. According to the Aspen Times, the lawsuit alleges that the skier who caused the crash was skiing wildly, out of control and at a high rate of speed, ignored "slow" signs when she collided with the downhill skier.

HOW DID PHOENIX STREETS GET THEIR NAMES?

Posted by Jay L. Ciulla | Sep 12, 2014 | 0 Comments

The streets of Phoenix, Arizona are mostly on a grid system and most of the north-south street names like "Central" are obviously named.. Anyone who has driven through downtown Phoenix, and has a even a faint memory of 5th grade social studies will notice that that the streets from Roosevelt to Jackson are named after U.S. Presidents. My Phoenix personal injury law practice has been located at Central and Thomas, but I had no idea how Thomas Road got it's name - it turns out it is named after William E. Thomas, the Arizona territorial deputy county recorder at the turn of the century.

Crashes Aren’t Accidents

Posted by Jay L. Ciulla | Sep 10, 2014 | 0 Comments

Here at our Phoenix personal injury law firm, the majority of our cases are motor vehicle collisions. We avoid using the word “accident” because it falsely implies that the collision occurred without fault and was unpreventable. Everyone has heard someone say "accidents happen" while shrugging their shoulders helplessly. In fact, most car crashes are not accidents. Most occur because of driver negligence and are entirely preventable incidents.

DRIVER IN FATAL CRASH WAS ON FACEBOOK

Posted by Jay L. Ciulla | Sep 05, 2014 | 0 Comments

In a recent North Dakota case, a young woman is accused of killing an elderly woman in an rear-end crash that occurred while she was looking at photographs on Facebook while driving 85 miles per hour. http://www.azcentral.com/story/news/nation/2014/09/05/driver-crash-facebook/15132205/ Over the ...

CLEAN AIR − BLUE SKIES IN THE ARIZONA HOV LANE

Posted by Jay L. Ciulla | Aug 29, 2014 | 0 Comments

Here at our Phoenix personal injury law office, we see car accidents resulting from congestion and traffic occurring more frequently in part, due to the density of vehicles on our freeways.  Now the Arizona Department of Transportation Motor Vehicle Division has created another path to freedom in...

DRUNK DRIVING – WHAT IS THE SOLUTION?

Posted by Jay L. Ciulla | Aug 27, 2014 | 0 Comments

Few people exhibit as much bitterness and anguish as family members of people who were killed in a drunk driver-related collision. Here at our Phoenix personal injury and wrongful death law firm, we help DUI victims receive just settlements from automobile insurance companies, but we cannot heal the emotional pain.

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