How to Stay Safe on New Year's Eve

New Year's Eve is the time to remember all the good things from the past year and ring in the new year with style and celebration. For many of us, this means heading out to a favorite restaurant or bar, or even to a friend's house for festive drinks. But this happy day can be dangerous for drivers due to increased traffic, the potential for bad weather and higher risk of drunken drivers on the road.

Here are some New Year's Eve safety tips to consider before driving:
1. Say "No" to drinking and driving
Every minute, one person is injured from an alcohol-related crash, according to Mother Against Drunk Driving. Be smart and plan ahead if you're going to be drinking at a holiday gathering. Take a cab, stay at a friend's hour or designate a sober driver. Some bars and restaurants offer safe rides home as a service to patrons during the holidays.

2. Be a Cautious, yet defensive driver.
Even if you're not drinking at your New Year celebration, you need to be extra aware of what's going on around you when you drive. If you sot someone whom you suspect of driving under the influence, call the police and give them license plate number. You might save multiple lives by being proactive and thinking of the safety of yourself and others.

3. Prepare your vehicle for cold weather.
Have your car checked to ensure it's prepared for winter driving. The battery and brakes are two essential things to have checked. Make sure tires are property inflated so they provide the best traction possible. Also make sure your engine coolant and windshield washer fluid is full.

4. Check the weather before heading out.
Cold weather can bring snow and rain that is traitorous to drive through, especially on New Year's Eve. Before you drive, take time to remove any snow and ice from your vehicle, including the mirrors and lights. If the weather is particularly bad, you may want to cancel your plans or imply leave earlier or later. If you do decide to drive during bad weather, make sure you have a charged cell phone handy, and either let people know when, where and how you are traveling, or have a passenger with your additional safety in numbers.

5. Make an emergency kit.

Should the worst happen, be prepared by having a winter driving kit in your car. It's best if the kit includes a small bag of abrasive material (sand, salt, cat litter), a small snow shovel, a snow brush, traction mats, a flashlight with new batteries, window washer solvent, an ice scraper, a clot or roll of paper towels, jumper cables, a blanket, warning devices (flares or triangles), drinking water, extra clothes and snacks.

Have a safe and Happy New Year!!

If you or a loved one has been injured in an accident, call Blake Law Firm today at 602-274-7000 or visit our website at: http://www.blakefirm.com/ to schedule a free consultation.

Halloween Marks an Increase in Child Pedestrian Deaths

Halloween is fast approaching, which surely you hear everyday if you have a young child. Did you know that pedestrian fatalities among children 5 to 14 years increase 400-500% on Halloween, according to the National Highway Traffic Safety Administration (NHTSA)?

There are so many factors involved in this, and we could easily get lost amid all of the information. However, for the purpose of this entry I am going to focus mainly on the things that involve cars and drivers. I am not sure how else to relay this other just a bullet list, so here you go:


1. DO NOT DRINK AND DRIVE.


2. Drive extra slow, because children will be walking in the roadway, on curbs and medians, running across the roads, blinded by their scary masks and poorly illuminated by their dark costumes.


3. WATCH for children darting out from between parked cars or running out from driveways. Indeed, plan on it-- and drive as through you anticipate this to occur.


4. Enter and exit driveways, alleys, parking lots, etc very carefully.


The fact that Halloween is on a Sunday night this year makes it all the more lethal, because weekend party goers will be on the road at the same time our children will be trick-or-treating. If you are hosting a pray, please provide nonalcoholic options for drivers and alternative methods of transportation. If you are attending a party, please take your responsibility to other seriously, and do not allow them to drink and drive.


Next, reminder for what parents can do to help protect their children:

• Adult supervision for all children under the age of 10


• Make sure your children are aware of all traffic/pedestrian safety rules.


• Keep the groups together.


• Costumes should not be so long that children trip on them.


• If possible, use makeup instead of masks. Masks are more likely to obstruct a child's vision.


• Dress in light-colored clothes and using retro-reflective marking on clothes and shoes to provide better visibility to others.


• A flashlight is a good idea, however, make sure your child knows not to distract drivers by shining it into cars.

Have a Safe and fun Halloween!!!

If you or a loved one has been injured in an accident, call Blake Law Firm today at 602-274-7000 or visit our website at: http://www.blakefirm.com/ to schedule a free consultation.

Tips for Driving in Bad Weather

It's beautiful day in Phoenix. Moisture is increasing rapidly across the state and we pick up a slight chance for valley showers and storms. "Driving in the rain can be treacherous, especially in the middle of a downpour when visibility is bad and the streets and highways are slick, or even flooded, "Phoenix police Sgt. Andy Hill wrote in an e-mail.
High winds and heavy rain can make for potentially-fatal accidents. Police recommend the following driving tips to avoid tragedy:
1. Never drive into moving water. Large puddles or run-off more than a few inches deep can sweep your vehicle off the road. Arizona drivers who attempt to navigate through areas covered in a significant amount of water, or who ignore warning, can be held liable for rescue expenses under state law.
2. Yield to the driver to your right. Flooded intersections, where the street light is out an no officer is directing traffic, can cause confusion.
3. Slow down. Remind yourself it takes longer to stop when the streets are wet, especially if your tires are in poor condition. Drivers are encouraged to take a closer look at their tires today to make sure they are properly inflated.
4. Keep your distance. Make sure to keep enough braking space between you and the car in front of you so in the event of a slide or skid, if your vehicle is truck by the motorist behind you, that extra space can prevent a second collision. Police also recommend avoiding following too closely behind large trucks or buses since the splash created by larger tires easily obstructs your ability to see.
5. Turn on your headlights. Doing so increases your visibility and makes your vehicle more visible to other motorists. Police recommend checking the bulbs in your headlights, tail lights and turn signals today.
6. Keep both hands on the wheel. Rainy days are not the best day to talk on the phone while driving. Any reaction time is critical while driving in a serious rainstorm.
7. Pull over if necessary. If you can't see the edge of the road, pull over into a parking lot or out onto the shoulder as far as possible to wait out the storm. Use your hazard lights if stopped on the side of the road so other motorists can see your vehicle.
8. Check your windshield wipers. Today is a great day to make sure they're working properly. Worn-out wiper blades can create visibility problems during a heavy thunderstorm.
On the whole you are most likely to encounter drivers who respond poorly to weather conditions as the seasons change, or when weather conditions are unusual for the location. Following a heavy rain after a dry spell, it takes some drivers a while to adjust to the weather conditions.
If you or a loved one has been injured in an accident, call Blake Law Firm today at 602-274-700 or visit our website at: http://www.blakefirm.com/ to schedule a free consultation.

Are Passengers Safe in the Back of a Pickup?

Ask almost what the leading cause of death in children. What is the response? Most will tell you motor vehicle accidents, and they would be right. We see far too many incidents where a young child, unseatbelted, is injured in a motor vehicle in a motor vehicle collision. While disturbing, unfortunately, it is not the worst we see.

Arizona law requires children under 18 to wear a seat belt. Indeed, it is the responsibility of an adult driver to make sure that all children in the car are properly secured. So, how can it be that there are no laws prohibiting children and passengers from riding in the backs of pickup trucks? That makes no sense to me whatsoever. I do not understand what all states have been able to pass laws banning or restricting riding in the cargo areas of trucks.

Just a few weeks ago, an 8-year-old boy feel out of the back of a truck that was reportedly only going 5 to 10 miles-per-hour. The Chandler boy was transported to Maricopa Medical Center due to a head injury. Initial reports were not optimistic. We have not heard an update on his condition.

According to the American Academy of Pediatrics, passengers riding in a cargo area are eight (8) times more likely to die than restrained passenger riding in the cab. A scary statistic: Over 30% of deaths to those riding in the cargo area are due to non-crash events like swerving or stopping. A child on a motorcycle may even be safer than riding in the back of a truck, considering they at least have to wear a helmet (in all but two states).

If you drive a pickup and allow your child to ride in the cargo/bed area, and your child is injured in a collision, even if it is the fault of another, it is very likely that you will share the blame for your child's injuries. In Arizona, the law of "comparative negligence" means that we look at everyone who shares fault for anther's injuries and damages and we apportion responsibility for that fault. Can you imaging being a victim of another driver's mistake, yet, being held at fault and monetarily punished? This is the law in Arizona.

People often think that they don't need an attorney when involved in an auto collision that is another's fault. However, as in this type of instance, a case you may feel is simple and clear cut can easily turn into something involving comparative negligence, and before you know it, a finger of blame is being pointed at YOU. I would not suggest for even a moment you attempt to navigate the legal system alone.

If you or your loved one has been injured, call us to day to set up a free consultation, 602-274-7000. Visit our website to learn more about our firm, http://www.blakefirm.com/

Deadliest Teen Driving Days - Memorial Day to Labor Day

During the summer, teens and other children typically enjoy vacation and the freedom of being out of school. Statistics show that this time period (Memorial Day to Labor Day) involves the 100 most deadly days on the roadway for teens.

It appears that summer months are the peak months for teen automobile accident deaths and personal injuries. Some experts believe that teen driving has gotten worse over time rather than better. This is due, in part, to additional driver distractions in the form of mobile telephone conversations, text messaging and e-mailing surfing on iPhones, Blackberry devices, and other smart or advanced phones. Parents should warn and instruct their children about the dangers of driver distraction, drinking and driving and other driving habits that can and do result in automobile accidents.

We wish all our clients, family and friends a safe and happy Labor Day weekend. Make sure to take some time to relax and enjoy.

If you or a loved one has been injured in an accident, call Blake Law Firm today at 602-274-7000 or visit our website at http://www.blakefirm.com/ to schedule a free consultation.

Take Immediate Action

Helpful Hints

BASIC PRINCIPLES OF PROTECTION
If you've been involved in an accident, there are things you need to think about if it's possible that the situation could lead to an injury claim being made.

1. Take Care of Yourself
Make sure you are at a safe location. If you were injured, get immediate medial attention.

2. Identify the Negligent Party
Write everything down. Exchange personal information with the person that caused the accident. If you were injured at a place of business, make sure to write down the name(s) of the person taking the incident report (manager, owner, etc.).





3. Identify Witnesses
Get names, phone number and addresses of anyone who saw what occurred.

4. Follow Your Health Care Providers' Advice
Be diligent in keeping your appointments with your health care providers and follow their medical advice.

5. Take Photographs
Either you or someone else should attempt to take pictures of every angle and distance where the accident occurred, your injuries and of the vehicles, if it is an automobile accident.

6. Report the Accident
Advise all the proper agencies of the occurrence. This may include filing a police report and the company/person who owns or controls the place where the injury took place.

7. When should you call Blake Law Firm
a. When you are injured.

b. when more than one person caused the accident.

c. When you are partially at fault.

d. When you claim involves death of a family member.

e. When you have questions regarding property damage.

f. When your insurance company does not respond to you.

g. When you are not comfortable dealing with the insurance company.

h. When the negligent party has no car insurance.

i. When you have a legal question you cannot get answered

If you or your loved one has been injured in an accident, call Blake Law Firm today at 602-274-7000 or visit our website at Blakefirm.com to schedule your free consultation.

Evaluating the Medical Aspects of an Injury Claim

If someone is injured an accident, numerous medical issues must be addressed when it comes time to prepare the case for settlement or trial. Here are some of the factors that come into play.

Diagnosis; What are the injuries or conditions arising out of the accident?

Objective Findings; Have the doctors made the correct diagnosis and are they supported by objective findings, such as X-rays, MRI or CAT Scans?

Causation: Are the diagnoses for the injuries medically and causally related to the accident?

Pre-Existing Conditions: Are there any pre-existing injuries or conditions affecting the person's recovery from the injuries or conditions he or she sustained as a result of the accident in question?

Apportionment; If the accident only partially contributed to the current condition, how are the conditions between this accident and the other conditions or events apportioned?

Current Treatment: Has the medical treatment to date for the accident injuries in question been reasonable and necessary?

Future Treatment: As a result of the accident injuries in question, what type of future medical treatment is necessary, including the frequency and duration of the suggested treatment.

In our next Blog, we will discuss other aspects of an injury claim that must be considered in reparation of a case for settlement.

We hope you find this information helpful. If you or a loved one have been injured in an accident, call Blake Law Firm today at 602-274-7000 or visit our website at http://www.blakefirm.com/ to schedule your free consultation.

Arizona Highway Speed Cameras Are No More!

Since their inception almost two and a half years ago, Arizona's highway speed cameras program mailed over 1.1 million tickets to drivers who were caught exceeding the sped limit. An Australian company, Redflex, operated the cameras that sent out close to 1,125 tickets per day. As of July 16, 2010, however, Redflex was forced to shut down the 78 fixed and mobile cameras for good.

A Group Called Camera Fraud has been hard at work since 2009 to do away with the speed cameras. Arizona Governor Jan Brewer, apparently decided that the cameras were not put in place for driver safety, but as a money maker for the state. The previous Governor, Janet Napolitano, has cited the fact that these cameras would bring in a much needed influx of money, approximately $120 million each year, as grounds for keeping the speed camera program in place. However, this figure was never reached. Only $78 million was brought in over the 2.5 year period, likely due to the fact that only 34% of speed camera violation were being paid.

There still remain some Arizona municipalities with speed-detecting cameras in use and the shutdown doesn't effect the red light cameras, a program run by American Traffic Solutions, which are still in operation.

We at Blake Law Firm would like to remind all drivers that eliminating speed cameras is not a reason to exceed the speed limit. If you or a loved one has been injured in an accident and another party was at fault, call Blake Law Firm today at 602-274-7000 to schedule your free consultation or to learn more, visit our website Blakefirm.com.

Dangerous Vehicles

Forbes Magazine came up with a list of the most dangerous cars and trucks in terms of crash results and accident injuries: Chevy Aveo, Chevy Colorado, Chevy Trailblazer, Chryster PT Cruiser, Dodge Nitro, Ford Ranger, GMC Canyon, GMC Envoy, Hummer H3, Hyundai Accent, Jeep Liberty, Jeep Wranger, Kia Rio, Mazda B. Series, Nissan Frontier and Suzuki Equator. Maybe one explanation as to why these vehicles made the worst 10 because when sales are lagging in a tough economy, manufacturers decide to sped less on safety and more on glitz.


But Forbes cautions that there are pros and cons in deciding whether to purchase a vehicle on this list, noting that consumers should think about where they live and what kind of driving they do. For instance those who live in urban center, and rarely venture onto a highway, a small auto to get around town may be a good choice. At slower speeds and on less dangerous roads, a lower safety rating won't matter as much compared to driving on a crowded interstate highway.

Buyers should try to strike a balance and find cars that are not only safe, but are suited to their individual needs. The $11, 990 Smart car, for example, is the smaller car on the road, yet it received solid safety ratings for both crashes and rollovers. We should all be concerned about safety, which requires us to see if the vehicle we're interested in has side-curtain airbags, rear head restraints and electronic stability control. The National Traffic Highway Safety Administration (NHTSA) estimates that stability control reduces single-car crashes by 26% and reduces passenger rollovers by 64%. It can prevent 85% of SUV rollovers in single-vehicle crashes. Finally, don't skimp on rear-crash protection just because those accident tend not to be fatal--a rear-end crash happens every 17 seconds in the U.S., according to Consumer Reports.

Actually, some of the lower rated vehicles on the 10 worst list performed better under certain tests, but worse on other. For Instance Jeep's Liberty and Wrangler both received "good" front-impact ratings from the Insurance Institute of Highway Safety, but poor rating in rear and side crashes. And several light trucks found their way onto the list, mostly for their poor rear-crash results on their propensity to roll over.

We hope you find this information helpful. If you or a loved one have been injured in an accident or have any questions, call Blake Law Firm today at 602-274-7000 to schedule your free consultation.

Time Periods For Filing A Claim In Arizona

"Statutes of Limitations" are laws that set time limits on how long you have to file a lawsuit, like for a personal injury claim. These time limits depend on the type of legal issue involved and vary from state to state.

As a general rule, once the time period in the statute of limitations expires, the opportunity to file suit is gone. The time period specified in the statute of limitations typically begins to run on the date the claim arises, such as the date of an automobile accident.


Here in Arizona, each civil claim has its own specific period of time in which the claim must be filed. You should be aware that the statute of limitations for making claims against government entities is shorter compared to the time limits for filing against a private party. Be sure to seek legal advice right away on this important issue.


We hope you find this information helpful. If you or a loved one have been injured in accident of have any questions regarding whether or not your civil claim can still be filed, call Blake Law Firm today at 602-274-7000 to schedule your free consultation.

Medicare Complicates The Settlement Process

Sometimes, distribution of a client's settlement proceeds has to be put on hold because accident-related medical bills were paid by Medicare. Under federal law, Medicare is entitled to claim a reimbursement lien for the medical expenses it paid on behalf of an older person making an accident injury claim. Unfortunately, it may take several months to verify and resolve a Medicare Lien. There are even a few instances where it has taken over a year for Medicare to determine how much a client is required to reimburse.

And Medicare doesn't always get it right the first time. Problems arise when medical expenses not related to the client's injury case are accidentally included by Medicare as part of its lien. While all these issues are being sorted out by our law firm and Medicare, the funds have to be held in a trust account.

There has been some improvement recently in terms of how long it takes to resolve a Medicare lien. In some instances, Medicare has outsourced the lien collection process to third party administrators, which have the incentive to hurry up and resolve the lien issues because they only get paid when the lien is reimbursed. The only good part of the process is that Medicare is required to reduce its lien based on the legal fees and costs associated with obtaining the client's settlement.

We hope you find this information helpful. If you or a loved one has been injured in an accident, call Blake Law Firm today at 602-274-7000 to schedule your free consultation.

How Safe Are Arizonan Roads?

In a recently published national magazine, there was a report regarding the safest -and most dangerous - places to drive in America. Although the US has spent millions to improve and maintain roads, our heavily traveled urban streets are quickly being degraded.

Of the 50 states, Arizona ranks 14th overall for the best roads. But this comforting statistic is a bit empty because the report also lists Arizona as the 13th most dangerous state to drive in. The article states multiple reasons for the poor driving statistic, some of which include:

1. Wardrobe changes while driving
2. Eating and drinking behind the wheel.
3. Distractions (28% of all accidents occurred while driver used a cell phone or texting).
4. Putting on makeup.
5. Speeding (Arizona is ranked 9th worst in the country).

Although the infrastructure for Arizonan roads is good, it is now up to us drivers to improve how we use them. We at Blake Law Firm, P.C. find this information helpful and practical in keeping you and your loved ones healthy. If you have any questions regarding an accident, call us today at 602-274-7000.

Helpful Tips to Avoid Collisions

We at Blake Law Firm, P.C. created the firm’s Injury Blog as a way for our clients, and the public, to have practical advice easily available. Our goal is to help keep you and the ones you care about safe while operating a motor vehicle. In addition, we want you to be well-informed about the types of legal issues our firm is concerned about.

Here are several more suggestions to keep in mind when operating an automobile:

1. Always expect the unexpected. Never assume drivers will do the correct and safe thing.
2. Always be alert and well-rested.
3. Always keep your eyes moving.
4. Adjust your driving speed to suit the environmental and traffic conditions.
5. Don't be afraid to honk your horn.

If you have suggestions for new material or questions you would like to have answered in regards to accident and personal injury issues, please feel free to contact us. Also, if you have any questions regarding an automobile accident you've been in call us today at 602-274-7000 to schedule your free consultation.

The Dreaded Rear-Ender

One of the most common accidents a motorist can get into is a rear-end collision. Sometimes, a rear-end accident can be avoided by allowing more room between cars. Tailgating - not leaving enough stopping distance between your vehicle and the car in front of you – is the typical cause of a rear-end accident.

Reacting to a rear-end collision can be achieved through several techniques:

1) Firmly grip the steering wheel with your arms bent. This will help you to maintain control even when being pushed forward.

2) Wear your seat belt at all times in a vehicle.

3) Try to keep your head upright against the head rest to prevent whiplash.

4) If you are at a stop and you see a car coming up quickly behind you, attempt to warn the driver behind by lightly tapping on your brakes. Do not do this when heavy traffic is moving freely.

We at Blake Law Firm, P.C. hope you have found these tips on how to deal with a rear-end accident useful. While typically not life threatening, rear-end accidents can cause serious neck and back problems. If you have any questions regarding an automobile accident call us today at 602-274-7000 to schedule your free consultation.

How to Handle Driving Emergencies

One of the most common accidents a motorist can get into is a rear-end collision. Sometimes, a rear-end accident can be avoided by allowing more room between cars. Tailgating - not leaving enough stopping distance between your vehicle and the car in front of you – is the typical cause of a rear-end accident.

Reacting to a rear-end collision can be achieved through several techniques:

1) Firmly grip the steering wheel with your arms bent. This will help you to maintain control even when being pushed forward.

2) Wear your seat belt at all times in a vehicle.

3) Try to keep your head upright against the head rest to prevent whiplash.

4) If you are at a stop and you see a car coming up quickly behind you, attempt to warn the driver behind by lightly tapping on your brakes. Do not do this when heavy traffic is moving freely.

We at Blake Law Firm, P.C. hope you have found these tips on how to deal with a rear-end accident useful. While typically not life threatening, rear-end accidents can cause serious neck and back problems. If you have any questions regarding an automobile accident call us today at 602-274-7000 to schedule your free consultation.