My Car is Defective and Caused an Accident

It is no surprise that today’s automobiles are much safer than ever before. Technologies, devices and equipment ensure car passengers and drivers are well-protected. Seat belts, road and vehicle condition monitoring computers, crumple zones, airbags, and warning indicators help drivers avoid accidents, also protecting everyone in the vehicle when a crash happens.

But sometimes those protective systems fail. Like any equipment, technology, or mechanical device, these systems can be defective due to improper manufacturing or faulty installation. When people “souped up” their car using aftermarket additions, those may also interfere with the vehicle’s safety or performance.

 

 What are some Common Defective Car Parts?

Regardless of the cause of a vehicle defect that results in an accident, that defect likely means others are at least partially to blame for the damage suffered in the wreck. But what can be done about this? Who is at fault, when a car or its parts are defective? For answers to these questions and guidance through the legal maze of auto accident negligence, it is important to work with an experienced personal injury attorney that has dealt with these types of claims.

Because attorney Jason Hutzler started his legal career as an adjuster and then moving onto to insurance company defense, he has many years of experience knowing the insurance tricks used to deny a claim. This gives Hutzler Law the upper hand when dealing with your accident claim.

Some frequently experienced defects that result in car accidents include:

  • Airbags not deploying on impact, or spontaneously deploying
  • Computer systems causing the car to accelerate unexpectedly
  • Faulty braking systems
  • Faulty or defective tires
  • Poorly designed engine parts
  • Substandard materials
  • Other defects

These defects and others have resulted in case filings following auto accidents in the past several years. You may have seen stories about such cases in the media. When the media reports on accidents caused by automaker deficiencies, this helps others with the same make or model of cars become aware of a potential problem. Manufacturer recalls may result, or drivers can have their car checked for the same type of defect to prevent an accident of their own.

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About Hutzler Law PLLC

If anyone has been injured, provide first aid measures until help arrives. If you can, photograph the damage to both vehicles, the scene, and your injuries. If you are unable to take photos, ask someone else if he or she can take pictures for you with your smartphone. Get the names and contact information of any witnesses who saw what happened.

Exchange information with the other driver, making certain to write down his or her name, contact information, registration information, and insurance information. If you can, photograph the driver’s license plate, driver’s license, insurance card, and registration paperwork. If the driver is belligerent, stay in your car until the police arrive and ask them to get the information for you. Never accept blame or say that the accident was your fault.

If you have been injured in a vehicle accident seek the advice of a car accident lawyer. In Phoenix contact Hutzler Law PLLC. In the Phoenix AZ area call (602) 730-4530 or visit us at HutzlerLaw.com


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Settlement over defective airbags means money for more than 40K AZ car owners

PHOENIX (3 On Your Side) — Arizona has reached a $5 million settlement with Honda related to faulty Takata airbags, and 3 On Your Side has learned that thousands of Arizona car owners will get a piece of it.

Arizona Attorney General Mark Brnovich claims that the carmaker concealed known safety issues with Takata airbags in some of its vehicles for years. Despite recall announcements and awareness campaigns, many dangerous Takata airbags remain in cars, including one involved in a deadly crash in Mesa on Aug. 20, 2020.

According to Honda, the driver of a 2002 Honda Civic was killed when a recalled Takata airbag inflator ruptured. Metal shrapnel was discovered in Amber Strahan’s neck during an autopsy, a report from the Mesa Police Department revealed. The airbag inflator had been under recall since December 2011.

 

Strahan’s death is the second in Arizona and the 17th nationwide related to a faulty Takata airbag, Honda said. According to the company, Strahan was not the registered owner of the vehicle.

“Starting in January 2012, more than 15 mailed recall notices were sent over the course of eight years to registered owners of this vehicle before the August 2020 crash,” a company statement said. “In addition, Honda made numerous phone calls in an attempt to reach owners of this vehicle and physically visited the address of the current owner, leaving recall information attached to the home’s front door.”

“Our thoughts and deepest sympathies are with the family of the driver,” Honda added.

Under Brnovich’s new settlement with Honda, there will be a financial incentive to get recalled airbags off the road.

“We know there’s a family that lost a loved one, not only here in Arizona, but it’s happened in other places. And so we want to make sure that people know about this, and as soon as possible, they get those airbags replaced,” Brnovich said.

According to the settlement, some Honda and Acura owners in Arizona will receive restitution checks worth at least $100. Another 40,000 Arizonans will be mailed gift cards worth $50 to $150. The gift cards will not be activated until recalled airbags are replaced.

“We wanted to create an incentive, a creative incentive, working with Honda so people would go in

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About Hutzler Law PLLC

Motor vehicle accidents are common occurrences in Arizona and result in thousands of injuries and fatalities each year. The Arizona Department of Transportation reports that in 2018 alone, 127,056 crashes were reported to law enforcement in the state. Out of those crashes, 28.73% resulted in injuries and 0.72% resulted in fatalities, injuring 53,376 people and killing 1,010. More needs to be done to reduce the number of accidents. According to a report from the Center for Internet & Society at Stanford Law School, 90% of car accidents are caused at least in part by human error.

If you have been injured in a car accident seek the advice of a car accident attorney. In Phoenix contact Hutzler Law PLLC. In the Phoenix AZ area call (602) 730-4530 or visit us at HutzlerLaw.com


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Does a Better Economy Mean More Semi Truck Accidents?

In today’s world, more and more 18-wheelers are taking to the highways picking up goods, foods, and materials from one place to take to another. However, more big rigs on the road means potentially more semi truck accidents. When a big truck strikes a passenger vehicle on the road, the force can drive the car into another automobile or off the road claiming lives or causing severe injuries.

According to NHTSA’s CRSS data, Semi-truck and bus accident injuries have increased 4% from 112,000 in 2016 to 116,000 in 2017.

In 2009, the U.S. Department of Transportation (DOT) recorded 286,000 collisions involving 18-wheelers. These accidents claimed the lives of 86 percent occupants of passenger cars and left 75 percent injured. According to Jennifer Tierney, head of the Truck Safety Coalition (TSC) and an article posted in the New York Times, in 2015, written by Howard Abramson, from 2009 to 2013 the death toll for crashes that involved trucks rose immensely. In fact, from 2009 fatal accidents rose 28 percent. Moreover, recent reports show that truck-involved accidents that caused fatalities rose for four straight years, reaching 3,946 in 2013.

Safety Comes First to Prevent a Truck Accident

When semi truck accidents takes place, those wearing seat belts have a much better chance of survival. Seat belts can help prevent a driver from slamming into the steering wheel or dashboard as well as prevent backseat passengers from being thrown around, getting slammed indoors and, flying into the front seat. Numerous testimonials have been given regarding how wearing seatbelts saved lives. Furthermore, it doesn’t cost anything to wear seat belts; however, if you don’t wear them it can cost you your life.

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Recent Statistics of Semi-Truck Accidents

The Federal Motor Carrier Safety Administration had released statistics of commercial truck accidents in the year 2018. The reports and statistics had stated that in 2018 alone, there were over 164,660 vehicle accidents that involved semi truck, with 79,950 reported injuries and 4,720 fatalities. In comparison to 2017, there were 154,673 vehicle accidents, 76,015 reported injuries, but an increase of fatalities to 4,865.

Not included in those statistics above are the number of accidents and fatalities involving a bus. In 2018, there were over 18,350 injuries related to a bus accident, 310 of those resulting in a fatality.

Since there are an estimated 2.7 million tractor-trailer / semi trucks on the road, the odds of an accident involving a semi truck greatly increase. But what are some reasons why these accidents even occur? Continue reading to find out. If you or a family member have been involved in a commercial truck accident, the compensation you deserve is just a phone call away.

About Hutzler Law PLLC

If you have suffered a commercial truck accident injury you may be entitled to compensation. Contact Hutzler Law PLLC. In the Phoenix AZ area call (602) 730-4530 or visit us at HutzlerLaw.com


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4 Common Motorcycle Injury Questions in Arizona

Accidents involving motorcycles are some of the most serious crashes on Arizona roads. The standard design of a motorcycle offers very minimal protection from impact with other vehicles. Potential issues that may contribute to, or cause, a motorcycle accident include driver error, improper traffic control devices, poorly designed roadways, vehicle design, and tire wear and defects.

More often than not, there are compounding causes of an accident, not simply one single cause. Although there are numerous tips to prevent injury from motorcycle accidents, this makes determining the cause of a motorcycle injury an extremely complicated process.

According to the National Highway Traffic Safety Administration (NHTSA), there were close to 5,000 motorcyclists killed in 2018. While that number is decreasing almost 5% from previous years, it still poses as a staggering number. The NHTSA published a document that shows even more shocking motorcycle crash statistics. There is a silver lining however if you or a loved one has been involved in an accident.

1. The day after my accident I can hardly move. Is it too late to file a claim for my injuries?

In short, the answer to your question is “no”, it is not too late to file a claim if you have not done so already. If, on the night of the accident, you provided a statement to the responding officer and said that you were all right; do not be concerned. This is common and is not a significant obstacle to face when recovering from your injuries. When your body sustains trauma, it is not unusual for you to feel “fine” immediately following the accident. It could take several hours for your body to recognize the symptoms of an injury.

It is for this very reason that most emergency rooms will issue instructions upon releasing patients. The instructions will advise the patient or caregiver to keep an eye out for various symptoms that could indicate that their condition is worsening. Should they encounter these symptoms, they should immediately return to the hospital to be examined. It is a commonly accepted notion that symptoms present as minor, and then increase in severity as time progresses. Examples of injuries that present with minimal symptoms and then worsen over time include the swelling of the brain and the swelling of the discs in your back.

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About Hutzler Law PLLC

If you have suffered a motorcyle accident injury you may be entitled to compensation. Contact Hutzler Law PLLC. In the Phoenix AZ area call (602) 730-4530 or visit us at HutzlerLaw.com


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Interesting Facts About Semi Truck Accidents in Arizona

Although commercial truck accidents are not as talked about as traditional passenger vehicle collisions, they often cause more serious damages. The law states that any vehicle carrying over 10,000 pounds are considered trucks, but often times these trucks carry much more. Sometimes trucks can weigh up to 80,000 pounds.

Compared to a 3,000-pound passenger vehicle, the large size and weight of a commercial truck can do much more damage, cause more serious injuries, and frequently even death when involved in an auto accident. If the truck is carrying hazardous or bulky items, the risk of fatalities and injuries in the event of an accident increases drastically.

The Insurance Institute of Highway Safety, or IIHS, reports that over half a million trucks were involved in accidents in the U.S. in 2010 alone, resulting in about 100,000 serious injuries and over 5,000 deaths. In 2009, only 3,200 deaths were caused by commercial truck accidents. As the number of trucks on the roads increase, the number of fatalities due to truck accidents will increase as well.

With many truck accidents, there is someone at fault. If the accident was clearly caused by the actions of another individual and a death or serious injury resulted, the victim or victim’s surviving family members may be able to receive financial damages for everything from medical expenses, pain and suffering, loss of income, or other opportunities that were taken away as a result of the accident.

 Semi-Truck Accidents and Negligence

 In the legal world, a truck accident includes an incident or series of events involving a vehicle with a weight greater than 10,000 pounds that resulted in property damage, bodily injury, and/or death. Although these accidents are usually caused by one party or another, in order for the victim to receive compensation from the truck driver, the truck accident must meet the following criteria:

  1. The truck accident was a result of fault and/or recklessness of another driver
  2. The injury or death of the victim was a result of the truck accident
  3. The injuries resulted in compensable damages

There are several ways to prove that negligence was at fault and will be crucial for proving the fault of the driver and receiving damages. Acceptable forms of evidence include police reports, photographs, and expert or witness testimonies. Additional forms of evidence that may be accepted include proof that the driver was operating his truck while under the influence of drugs or alcohol, or showed signs of additional impairment, like driving with a lack of sleep.

truck accident lawyer can help you determine if negligence is present in your case.

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Car & Semi-truck Accident Injuries

Getting into an accident with a semi truck or 18-wheeler can be very traumatizing for everyone involved. If you have recently been involved in an accident with a commercial vehicle in the state of Arizona, you are going to need the professional experience of a Phoenix semi truck accident attorney. Your attorney will be able to help you receive compensation for your injuries and damages done to your commercial vehicle.

Because of the catastrophic accidents, these trucks can cause in a collision and the chances of death and severe injuries, you will need a highly-motivated Phoenix car accident attorney. The injury attorney assigned to you at Hutzler Law will fight on your behalf to get you the compensation amount you deserve.

About Hutzler Law PLLC

If you have suffered a commercial truck accident injury you may be entitled to compensation. Contact Hutzler Law PLLC. In the Phoenix AZ area call (602) 730-4530 or visit us at HutzlerLaw.com


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Car Accidents Caused by Defective Tires and Tire Blowouts

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Car accidents can be caused by many different factors, including driver negligence and others. In some cases, accidents result from defective tires when a tire blowout occurs and causes the driver to lose control of the vehicle he or she is driving.

Each year, hundreds of people are killed in the U.S. because of defective or worn tires. The National Highway Traffic Safety Administration reports that 738 people were killed in car accidents caused by tire problems in 2017 alone.

Tire safety is something that should not be overlooked. Unfortunately, many drivers fail to regularly check their tires, which could result in blowouts and accidents. When a driver or vehicle owner causes an accident because of worn tires that fail, the driver or owner can be found liable for the losses caused to others injured in the resulting collision. The injuries and property damage caused by driving with unsafe tires can be extensive.

There have also been numerous instances involving unsafe or defective tires that have defects even when the tires are new. Some of these defects have led to massive recalls in the past following accidents.

If you have sustained serious injuries in an accident caused by bad tires, you should talk to an experienced attorney at Hutzler Law to learn about the rights that you might have.

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About Hutzler Law PLLC

If anyone has been injured, provide first aid measures until help arrives. If you can, photograph the damage to both vehicles, the scene, and your injuries. If you are unable to take photos, ask someone else if he or she can take pictures for you with your smartphone. Get the names and contact information of any witnesses who saw what happened.

Exchange information with the other driver, making certain to write down his or her name, contact information, registration information, and insurance information. If you can, photograph the driver’s license plate, driver’s license, insurance card, and registration paperwork. If the driver is belligerent, stay in your car until the police arrive and ask them to get the information for you. Never accept blame or say that the accident was your fault.

If you have been injured in a vehicle accident seek the advice of a car accident lawyer. In Phoenix contact Hutzler Law PLLC. In the Phoenix AZ area call (602) 730-4530 or visit us at HutzlerLaw.com


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Traumatic Brain Injury Symptoms After an Accident

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Traumatic Brain Injury Symptoms After an Accident

Traumatic brain injuries (TBI) are one of the most prevalent, and most costly, health care problems in the United States today. Injuries sustained to the brain can often go undiagnosed and untreated because many people believe that problems only arise when the injury is catastrophic.

However, that is not true; even a mild bump on the head can cause injury and long-term damage under the right conditions, and the only way to know for certain if the injury to the brain has occurred is to undergo assessment.

Many motorcycle accident or car accident victims do not realize until it is too late, that they have sustained a life-altering injury that may take years of treatment because brain injury symptoms do not always show up right away. They may not present for days, or even weeks after an incident and therefore may not be associated with the original traumatic event.

The long-term impact of a traumatic brain injury can be devastating, both emotionally and cognitively. Changes in personality and the inability to complete normal, everyday tasks may change a person’s entire world. Full recovery may not be possible, but ongoing treatment and support are vital if the accident victim is to have any kind of quality of life after an accident.

Types of Traumatic Brain Injury

Even very similar brain injuries can present with very different symptoms. There are a lot of factors that affect how a brain trauma will affect each individual, including prior head injuries, mental illnesses, or conditions like depression or a medical problem, like epilepsy and a host of others.

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About Hutzler Law PLLC

If you or a loved one has suffered a traumatic brain injury you may be entitled to compensation. Contact Hutzler Law PLLC. In the Phoenix AZ area call (602) 730-4530 or visit us at HutzlerLaw.com


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Aggravation of Pre-Existing Injury After an Accident

Accidents in Arizona can cause significant injuries. When others negligently cause accidents and injuries, the victims are entitled to pursue compensation for their losses by filing personal injury lawsuits. However, some people who have pre-existing conditions suffer an exacerbation of injury because of their accidents.

In other words, the victims’ underlying pre-existing injuries might be aggravated by their accidents. Insurance companies frequently point to a pre-existing injury in an effort to reduce the amounts that they might have to pay to accident victims or to avoid paying claims completely.

Examples of Pre-existing Injuries

Many different types of injuries can predate an accident, including the following:

  • Bones were broken in the past
  • Disc herniations
  • Back pain
  • Traumatic brain injuries
  • Neck pain
  • Sprains and strains

Some injuries that predate an accident will not worsen because of it. However, others will be aggravated and cause worsened symptoms. If you have a pre-existing medical condition, it can also cause your accident-related injuries to be worse.

Some examples of medical conditions that can impact the severity of your injuries from an accident include the following:

  • Arthritis
  • Cardiovascular disease
  • Fibromyalgia
  • Diabetes
  • Degenerative disc disease

First Posted At https://hutzlerlaw.com/pre-existing-injury-in-settlement/

Created May 5, 2021 at 08:33AM

Swimming Pool Injury, Liability, Accidental Drowning & Slip & Fall

In Arizona, accidental drowning is one of the most devastating types of accidents a family can experience. It only takes a few moments for a family’s future to be permanently changed because of a swimming pool accident. Whether an accident results in a swimming pool injury or fatality, the experienced attorneys at Hutzler Law are…

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First Posted At https://hutzlerlaw.com/swimming-pool-accident-attorney/

Created May 3, 2021 at 09:40PM

4 hospitalized after Phoenix car crash

PHOENIX (3TV/CBS 5) – Four people were injured, two of them critically, in a car wreck Sunday afternoon.

It happened northeast of 40th Street and Broadway Road. Few details were immediately available, but the Phoenix Fire Department said two people were thrown out of their vehicles. Capt. Scott Douglas said there were children at the scene when firefighters arrived, but they were not hurt.

Douglas said a man and a woman were in critical condition when they were taken to the hospital. The other two adults reportedly were in stable condition. Video from the scene showed two mangled cars, one on either side of the street and facing opposite directions. The driver-side airbag deployed in one of them. That car also had a demolished windshield. The other vehicle had a logo for Community Bridges, Inc. on its passenger side.

Investigators are working to piece together the moments leading up to the crash.

First Posted At https://www.azfamily.com/news/4-hospitalized-after-phoenix-car-crash/article_8bce5eda-a610-11eb-a076-4f2cab599d45.html

Created April 26, 2021 at 04:41AM