Luis P. Guerra, LLC
Call Today
602-730-7727

Phoenix Personal Injury Law Blog

Construction accidents can follow employer negligence

Arizona construction workers who suffer on-the-job injuries can pursue compensation for medical expenses and lost wages through the workers' compensation system. However, workers' comp benefits will not cover damages such as pain and suffering, and it is essential for injured workers to know their rights. If construction accidents resulted from gross negligence by employers or were caused by the negligence of third parties, the victims might have grounds to file civil lawsuits to recover the compensation they deserve.

For a successful civil lawsuit, the injured victim must prove negligence by identifying a duty and a breach of duty along with a discernible injury, and subsequent damages. How those rules can apply to employment includes negligent hiring, retention, training and supervision. Negligent hiring can result from the failure of an employer to properly check an individual's background before hiring him or her, and that person then causes injuries to other workers.

Medical malpractice claim follows non-healing amputation wound

Arizona residents would expect their doctors to diagnose their conditions accurately and provide proper care. They would also want care of an acceptable standard in any surgical procedures. While most doctors strive to uphold high standards of medical care, this is not always the case, and medical malpractice claims continue to arise.

A hospital and a doctor in another state are facing such a lawsuit that was recently filed by a man. He alleges the defendants failed to provide standard care that any reasonable person would expect. Court documents indicate that the man was a patient of the hospital and under the care of the doctor after a procedure to amputate his lower left leg. However, the plaintiff claims that his post-operative wound did not heal.

Motor vehicle accidents: Alleged DUI driver kills pedestrian

A significant percentage of annual crash fatalities nationwide is caused by drunk driving. Despite the strict, zero-tolerance DUI laws in Arizona, lives are still lost due to drunk driving motor vehicle accidents. One such an incident occurred in Phoenix on a recent Thursday.

According to a report prepared by the Phoenix police, a pedestrian was struck by a car at approximately 11 p.m. Reportedly, an 18-year-old driver lost control of his vehicle, allowing it to mount the sidewalk. Witnesses say one pedestrian was fortunate to move out of the way and avoid being struck, but the car smashed into a second person. Authorities say the injured pedestrian later succumbed to his injuries.

Did old tires result in a blowout accident?

Heading out on the road can be an enjoyable experience. You may simply love having time behind the wheel because it allows you to get out, take in the view and travel somewhere you need or want to go. You may also take great pride in your vehicle itself and work to ensure that it remains in top working condition, which not only benefits the car but also better ensures your safety.

While you may consistently check that everything under the hood operates correctly, you may slack on checking your tires. However, tire safety is extremely important, and you should regularly inspect your tires, even if you recently purchased them. You may wonder why you might need to check new tires, but some businesses may not always carry the best products. If you receive tires that have had a prolonged shelf-life, or have defects or other issues, you could be at risk of a tire blowout.

Victims of construction accidents may have grounds to sue

In Arizona, some employers are allowed to carry their own insurance instead of state-approved workers' compensation insurance. For that reason, employees often have questions about their options for compensation after suffering injuries in construction accidents or other incidents in their places of work. While workers' compensation is typically regarded as the only source of compensation, injured workers are entitled to explore other options.

Arizona workers may consider filing civil lawsuits against their employers under certain circumstances. If an employer's insurance provider does not cover long-term expenses for injuries that led to permanent disabilities, there may be grounds for a lawsuit. In circumstances in which the coverage excludes certain medical treatments, it may be necessary for an injured worker to take steps to enforce his or her legal rights.

Investigation launched to seek answers about RV tire safety

Motorhome owners in Arizona and elsewhere may be interested in learning that safety regulators have launched an official investigation into the hazards posed by Goodyear G159 RV tires. Reportedly, tire safety questions about this particular Goodyear product have been asked for more than 20 years. The National Highway Traffic Safety Administration and the Center for Auto Safety initiated the federal investigation, submitting a Freedom of Information Act request to start the probe.

CAS alleges that Goodyear has hidden vital safety information from the public, and the Center asks insight into documented information about the safety of G159 tires. One of the many lawsuits against Goodyear alleges G159 tires have caused more than 100 injuries and deaths. NHTSA asks for a recall of an estimated 40,000 tires, which are still on RVs today, despite the proved danger they pose.

Motor vehicle accidents: Motorcyclist killed in crash with car

Motorcyclists in Arizona enjoy the feeling of freedom while riding their bikes on the open roads. However, a significant level of risk comes with this pleasure because bikers typically have little to protect them in the event of motor vehicle accidents. Many of the dangers that motorcyclists face are caused by the carelessness or negligence of vehicle operators.

A 20-year-old man lost his life in a collision that occurred in Phoenix on a recent Tuesday. According to an accident report, police officers responded to an accident scene at about 5 p.m. Reportedly, they arrived to find the critically injured motorcyclist who had been ejected when he was struck by a car.

Foreign object left in abdomen leads to medical malpractice suit

Foreign objects left inside the bodies of patients during surgery is quite a rare occurrence, and estimates of the frequency of such incidents varies widely. One study in a medical journal showed that 1,500 of approximately 28.4 million surgeries per year nationwide, including in Arizona, were recorded as cases in which foreign materials remained in the patients after surgery. A woman in a neighboring state recently filed a medical malpractice claim against a medical facility and a doctor who performed a surgical procedure on her.

According to court documents, the 52-year-old woman went to the medical center for the removal of a benign abdominal tumor last April. For approximately two weeks after her discharge from the hospital, the plaintiff contends she suffered abdominal, kidney and back pain so severe that she visited the emergency room of another hospital in the beginning of May. During this visit, ER doctors identified the cause of the pain to be a foreign object.

GM's Marketplace may cause more motor vehicle accidents

Distracted driving is the cause of many crashes. While authorities in Arizona and other states work tirelessly to find effective ways to get drivers to avoid using electronic devices while driving, it seems some car manufacturers are more interested in profits than preventing fatal motor vehicle accidents. General Motors recently announced its plans to provide motorists with an e-commerce platform that will allow them to make online purchases with a mere tap on the dash.

In promoting the e-commerce facility it calls Marketplace, GM says it will enable drivers to order their morning coffee while en route. The automaker says drivers will be able to interact with retail, hospitality, fuel, food, hotels and other businesses through touchscreens in their vehicles. Although the company wants to create the impression that it has developed the e-commerce platform to provide services that are less distracting for consumers, it may not be the real motivation.

It's never offensive to be a defensive driver

Regardless of the time of year or the road conditions, there is always some degree of risk that comes with driving the streets of Phoenix. That's even before you take all the other drivers into account. Speeding drivers aggressively hurrying into work, cutting off other cars and bending -- or breaking -- traffic laws, creates a lot to worry about, no matter how skilled you yourself are at safe driving practices.

The good news is, there's something you can do behind the wheel to help increase your safety and that of your passengers, and it's called driving defensively. Defensive driving is a set of tactics you can adopt that may put you ahead of the curve when it comes to road safety.