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If you were hurt in an icy road accident in Phoenix, AZ, you might be wondering if you can pursue a claim for your losses. The fact that weather was a factor does not keep you from filing an injury claim. If someone’s carelessness caused or contributed to the auto accident, you might be able to hold that person responsible for your damages.
We know how inconvenient it is when you are injured unexpectedly. Even everyday activities can become challenging. As an added service to our clients, we can visit you in your home or hospital room for your initial consultation. Also, we will handle the consultation and sign-up during the same appointment. Call Zanes Law today at (833)-890-8329 to get started.
Damages in Icy Road Accidents
Every case is unique, so we can’t say how much compensation you can recover without talking with you and investigating your case. Your damages could even be very different from another person in your car. Here are some of the damages we have won for our clients:
- Lost wages. This category can include the wages, salary, self-employment, and other forms of income you missed because of the crash and your recuperation time.
- Medical expenses. Your settlement can include the reasonable cost of the medical treatment you needed for your injuries. These bills can be things like the ambulance, emergency room, hospital, doctors, prescription drugs, surgery, and physical therapy.
- Rehabilitation facility. Sometimes people with severe injuries like traumatic brain injury or spinal cord damage have to go to a specialized facility for several months or longer.
- Equipment and home modifications. You might need a wheelchair, lift equipment, ramps, or an adapted vehicle.
- Pain and suffering. This category covers the physical discomfort and emotional distress you endured.
- Other intangible losses. Many people experience post-traumatic stress disorder (PTSD) after a significant crash. Additional items in this category are things like disfigurement and loss of enjoyment of life.
Do not worry if the legal issues and damages seem confusing. We will help you navigate every step of the process.
How to Establish Liability in Phoenix Icy Road Accidents
A driver can be responsible for your injuries if she was operating a motor vehicle recklessly for the icy road conditions, such as tailgating or driving too fast even if within the speed limit. The Arizona Department of Transportation warns drivers to slow down and drive cautiously when our roads get slick and icy.
We have to prove all four of these factors to hold someone liable for your injuries:
Duty of Care
All drivers have a duty of care to drive safely and to adjust their conduct based on the road conditions.
Breach of the Legal Duty
When someone does not slow down and allow more space between cars, he can violate the legal duty of care. Conduct that fails to measure up to a legal duty of care is negligence. Let’s say that an impatient driver was tailgating. Following too closely on icy roads breaches the duty of care and is negligence.
Causation
The negligent act must be the thing that causes the accident. In our scenario, the tailgating driver slammed into the car in front of him because he could not stop in time when the traffic slowed. The driver’s negligent act of tailgating caused the collision.
Damages
The careless act that caused the accident must result in measurable damages. Physical injuries satisfy this requirement of quantifiable losses.
Important Things to Do After an Icy Road Accident in Phoenix
Every situation is different, and there is no checklist that can cover every possibility. You should do what makes sense in your circumstances.
Here are some tips of things you might want to do after an icy road accident in Phoenix:
Get Medical Help Right Away
You should get treatment for your injuries right away. Some injuries can get worse and become life-threatening without prompt medical intervention. You might have additional harm that you have not yet discovered, like internal bleeding or broken bones. It can take a day or two or longer for some kinds of injuries to show symptoms, but the trauma specialists at the emergency room will evaluate you.
Your medical records will also link your injuries to the accident, so do not delay in getting medical attention. If you wait a day or two, the defendant might allege that you got hurt by some other event, and not from the collision.
Get a Lawyer
The defendant’s insurance company will start gearing up to defend against your claim as soon as they learn about the accident. A lawyer will stand between you and the insurer. Once you get an attorney, the adjuster and insurance company are not supposed to contact you directly.
Avoid Pitfalls That Could Damage the Value of Your Injury Claim
The insurer might try various tactics to reduce the amount of money they pay you for your losses. The adjuster might make a lowball settlement offer, far below what you deserve for your damage. Many people accept lower settlements than they deserve because they are unaware that they can get more.
Adjusters often ask injured people to give recorded statements. If the adjuster asks you to do this, tell him to talk to your lawyer. Recorded statements can help the insurer pay you less money than they should, because they can take your words out of context and twist them into something you did not intend.
Getting Help for Your Phoenix Icy Road Accident
You do not have to take on the at-fault driver’s insurance company by yourself. An attorney will protect your rights and provide guidance throughout the claims process.
Phoenix Icy Road Accident Lawyer Near Me
We will gather the evidence to build your case and advocate for you. We will negotiate with the insurance company and file a personal injury lawsuit if necessary.
Call Zanes Law today at (833)-890-8329 for a free consultation. There is no obligation.
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