Car Defect Injury Claims

Posted: January 9th, 2013 | Author: Austin-Personal-Injury-Blog
Categories: Blog

Personal injury claims following a car accident generally involve the issue of negligence on the part of one or more parties in the accident. However, in the event of a personal injury case based on a vehicle defect, the issues of negligence are often irrelevant. If you were injured due to a vehicle defect, you will likely have a personal injury case based simply on the strict liability of the manufacturer or seller of the vehicle. In such a case, you would not need to prove that the manufacturer or seller was careless or negligent, only that the defect was a direct cause of your injury or injuries.

There are several factors to consider in claiming a personal injury as the result of a car defect. First, you will likely need to provide a claim that the vehicle had what was considered an “unreasonably” dangerous defect and that this defect caused you injury. This could include any number of problems with the vehicle and may not be restricted to just engine problems such as a sticky accelerator or faulty brakes. The question of fault in the car accident may not be an issue if the accident itself can be found to have been caused by a dangerous car defect.

Other factors to consider are whether the vehicle was being used as intended and whether you had made any substantial changes to the vehicle after purchase, changes that may have contributed to the vehicle being defective. Generally, substantial changes are classified as those that significantly alter the way the vehicle operates. These last two factors could impede your personal injury case against the manufacturer or seller of the vehicle.

In addition, when bringing a personal injury claim, the other party may question the length of time that the vehicle was owned in order to try to prove that you may have been aware of the defect but chose to drive the vehicle anyway. This could provide a valid defense for the manufacturer or seller. In addition, some states may allow consideration of whether your own negligence in a car accident may have been the cause or contributed to your injuries, providing further defense against a personal injury claim.

The exception to this would be a claim based on the crashworthiness of the vehicle. In such a case, injuries are generally sustained due to a defect that did not cause the accident but that could have prevented or lessened injuries in the event of an accident. A personal injury claim based on crashworthiness would generally not consider who was at fault in the accident, as this would be considered irrelevant.

If you have been injured in a vehicle accident that you feel was the result of a car defect, regardless of whether the defect was a direct cause of the accident or not, you should not have to deal with the financial burden alone. Consult the experienced personal injury attorneys at Zinda & Davis as soon as possible to discuss all of your options.


Arizona: Multiple Vehicle Accidents

Posted: December 29th, 2012 | Author: Austin-Personal-Injury-Blog
Categories: Blog

The evening news has been full of reports of multiple vehicle traffic accidents. Sometimes these are caused by low visibility and sometimes they occur as a result of drivers traveling too fast or making unsafe lane changes. Drivers often follow too close. Traveling at speeds of over 60 mph or more, an automobile cannot stop quickly enough if that becomes necessary.

 

In October of 2012, 52 people were injured on I-75 in Florida. A full 46 vehicles were involved in the multi-car pileup and dozens sustained serious injuries. Last January another multi-car pileup in Gainesville, Florida occurred killing 11 people and injuring 46. This crash was caused by heavy fog and smoke from a nearby fire. The authorities claimed that although there were fog and smoke warning signs, many of the drivers did not slow down or take precautions.

 

Very often, Arizona freeways are filled with high volume traffic traveling too fast. All it takes is one driver who isn’t paying attention and a massive chain reaction can be set off endangering the lives of dozens. Last June, a 19-vehicle pileup occurred on the 14 Freeway near Agua Dulce. 15 people were sent to local hospitals. The accident was caused by a big rig truck that slammed into the car in front of it, setting off a dangerous chain reaction.

 

In 2009, there were nearly 11,000,000 auto accidents across the United States. The cost of these crashes was more than 280 Billion dollars. An incredible 3 million people were injured and 33,808 killed. This equals approximately one death every 15 minutes or around 100 people each day killed in car accidents.

Auto accidents cost Americans billions of dollars each year and whether it’s a very serious accident or just a fender-bender, they disrupt our lives. Very often, we lose a loved one or receive such serious injuries that we must be off work for extended periods of time. At the very least, we must deal with insurance companies and auto body shops in order to get the car repaired.

 

At Zinda & Davis PLLC, we represent clients each year who have been injured in an Arizona multi-car pileup. We have extensive experience in dealing with these cases. We understand the legal implications and issues that must be proved in a court of law in order for you to receive compensation for your injuries and losses.

 

If you or a loved one has been injured in an auto collision of any sort and you feel that someone else was at fault, then you will need an experienced law firm on your side. Zinda & Davis PLLC is a highly respected Arizona law firm that assists people every day with cases like this.

 

Please call Zinda & Davis PLLC today for your free attorney consultation. We believe that we can offer you the type of quality legal representation that you deserve. We don’t collect a dime from our clients until we win your case.


Brain Injury Equals Unlimited Medical Bills

Posted: August 26th, 2012 | Author: Austin-Personal-Injury-Blog
Categories: Blog

Even after more than two years since her wholesale mlb jerseys 2010 car wreck, one Tucson teen continues to recover from the collision that resulted from another driver slamming into her car’s passenger side.  The wreck left teenager Jessyka Murray with a severe brain injury, yet she continues to show progress in rehabilitation.  She no longer needs a feeding tube; able to eat on her own.  She can also communicate pain during cheap nba jerseys physical therapy and respond verbally when greeted.  Her cheap mlb jerseys father’s health insurance has Pima capped her at cheap jerseys online 60 rehabilitative sessions per year, which her family feels is far too few.  Arizona’s Medicaid program equivalent covers ten more sessions as well as 25 hours per week with a caregiver.  Still, the Murrays are Jersey paying over Meeting $25,000 per year out of pocket to provide a minimum wholesale mlb jerseys of care for Jessyka.  Jessyka lost about 27% of can her brain, but some argue that no brain 18 injury heals in the same way and, therefore, cannot be treated by a one-size-fits-all approach.  Buy Her story may inspire Arizona state legislators to visit the idea of reforming the laws concerning health care.  To learn more about Jessyka’s story, visit:  http://www.facebook.com/pages/Jessyka-T-Murray-Hope-Fund/144983492235363


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