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By Arizona Accident Injury, March 11, 2010 9:20 am

Federal officials shut down the Los Angeles charter bus company that was involved in last week’s crash that left six dead and sixteen others injured just outside of Phoenix.

Federal investigators shut down Tierra Santa Tours Inc. when records provided damning evidence that the company has failed to comply with government regulations, boasts a poor safety record, and has been operating off the books for some time now.

The accident happened last week when a bus was on its way to Los Angeles, from Zacatecas, Mexico when the bus slammed into the back of a Ford F-150 on I-10 near Phoenix, causing the bus to roll down an embankment. Six of the 22 passengers were killed, while 16 others sustained injuries.

The president of Terra Santa Inc., Cayetano Martinez, signed a consent decree, which acknowledges that his tour company has never obtained federal authorization, which is required when transporting passengers over the U.S. boarder.

The federal authorization was designed to ensure that bus companies maintain their vehicles, and test their drivers for drugs and alcohol, in addition to other requirements that they must adhere to.

According to documents and federal officials, Tierra Santa officials were fully aware that they were doing business without federal operating authority at the time of the crash.

In April 2009, the tour company applied for official authorization, but didn’t heed request for more information, which led to a denial of their application.

The owner of Tierra Santa has reportedly been previously shut down by federal authorities, but somehow managed to “reincarnate himself as a new carrier.”

Investigators are now looking into how the bus company continued to operate the bus runs from Mexico to California despite numerous issues with inspectors and less than acceptable safety reviews. The Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) is investigating the accident.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

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By Arizona Accident Injury, March 9, 2010 1:59 pm

We have all heard how dangerous texting while driving can be. Studies conducted in vehicle simulators have shown that texting while driving impairs a driver’s abilities.

To combat the dangers of texting while driving, Arizona legislature has been trying to ban Arizonians from doing so for the second year in a row. Last Tuesday, it looked as though the legislature’s efforts had failed again when proposed legislation that would have prohibited writing, reading or sending text messages and e-mails while driving on a state highway died with an 11-11 vote by the Senate.

Two days later, Senators gave preliminary approval to the bill on a 17-11 vote, which would be enough support for passage on a formal vote that could occur sometime this week. Senate passage would send the bill to the House.

A change made Thursday was that drivers could text if they pull over to the side of the road and stop their vehicle.

The bill would not have prohibited talking on the phone while driving and would have allowed drivers to type a name or telephone number to make a call.

Sen. Al Melvin, R-Tucson, introduced the bill that passed the Senate. As written, violators would face a $50 fine. If involved in an accident, they’d face a fine of $200.

Despite continued support from dozens of organizations, including cell phone company representatives, hospital, police and firefighter groups, legislation to ban the act has failed in its efforts thus far.

Legislators who voted against it acknowledged that texting while driving is dangerous, but said they opposed unnecessary government restrictions.

Supporters said the bill is about saving lives. They said parents would be able to tell their children that texting while driving is illegal.

Nineteen states prohibit all drivers from texting. Arizona is still in debate over whether or not they will be joining that list.

Legal or not, please always be conscious of driver safety and take every step you can toward preventing injury or harm to yourself and everyone else out on the road.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

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By Arizona Accident Injury, March 5, 2010 8:45 pm

A fatal car crash caused six to die this morning when a bus hit a pickup and rolled over on the interstate south of Phoenix.

Come to find out…the bus company involved in the accident has been operating without insurance for almost a year, and its buses should not have been on the road!
The carrier is a company by the name of Tierra Santa Inc. who lost its authorization to operate on April 1, 2009 but has been continuing to put its buses out on the roads none-the-less.

In the last two years, the company has been involved in only one other crash, but this morning’s event certainly was catastrophic for all involved.

Furthermore, the company has a history of violations, including one failed bus inspection resulting in the bus being taken out of service. Two of the company’s drivers had also lost their authorization to drive.

At about 5:30 a.m. this morning (March 5, 2010) is when the crash occurred. The roof of the bus was crushed and all the windows were knocked out, with one passenger thrown as far as 25 yards.

Sadly, the women and children aboard the bus didn’t fare so well.
Department of Public Safety spokesman Bart Graves said two men and four women, all aboard the bus, were killed. The bus was carrying 22 passengers on its way from central Mexico to Los Angeles. Six died and the surviving 16 passengers were all injured.

An 11-year-old boy and the bus driver were among the patients at the hospital but have been declared as having non-life-threatening injuries.

Eight of the injured were taken to Maricopa Medical Center in Phoenix, where six were in critical condition with life-threatening injuries ranging from broken spines and pelvises to head injuries.

Emergency crews needed to break the bus’ windows to remove everyone from the vehicle and medical helicopters landed on the freeway to airlift the most critically injured to area hospitals.

The accident scene, about 25 miles south of downtown Phoenix, remains under investigation.

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By Arizona Accident Injury, March 5, 2010 9:07 am

Six people were killed this morning when a passenger bus hit another vehicle and rolled over on the interstate south of Phoenix, according to the Arizona Department of Public Safety. The accident occurred around 5:30 a.m.

According to Department of Public Safety spokesman Bart Graves, two men and four women were killed. The bus was carrying 21 passengers, and all those killed and injured were on the bus.

The bus, which is owned by Tierra Santa Tours out of Durango, Mexico, apparently rear-ended a passenger car and lost control, Graves said.

The bus was headed west on I-10 when it rear-ended a passenger car, Graves said. The bus driver lost control and the bus veered off the road and rolled over. Two non-injury accidents occurred behind the bus crash.

Ten of the injured were taken by ambulance to various hospitals and five were flown by medical helicopter, he said.

Both westbound lanes of I-10 were closed at milepost 173, and traffic was being rerouted on State Route 587.

The Department of Public Safety said it had no estimate on when the highway would reopen for traffic.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

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By Arizona Accident Injury, March 4, 2010 1:31 pm

Flickr User: Steve Rhodes

The title sounds a bit foolish…comical, even. But you won’t find a Los Angeles traffic cop by the name of Macrida Patterson laughing anytime soon.

In May 2007 Patterson was changing in the locker room at work after her shift. As she was putting on her Victoria’s Secret thong underwear, a piece of metal flung from the undergarment and popped into her eye.

Patterson claims she was in excruciating pain but managed to drive home that evening. She didn’t realize how severe her injury was until the next morning when she awoke to much discomfort in her eye. She then decided to go to the hospital.

Come to find out, the piece of metal to Patterson’s eye caused three cuts to her cornea. She was treated with some topical steroid and had to take time off from work.

Patterson hired attorney Jason Buccat and filed a lawsuit against Victoria’s Secret in June 2008. Her counsel says the lingerie store chain should pay for the incident. Patterson sued Victoria’s Secret for the eye injury she suffered because of what she alleges to be a defective thong. The offending garment is a blue bit of fabric with a rhinestone heart forming part of the waistband, connected to the fabric by metal links.

Victoria’s Secret wasn’t allowed the chance to examine the item of apparel, which Patterson had owned for a while and had worn and laundered previously.

Buccat advised Patterson to hang onto the undergarment, as it was a piece of evidence.

Buccat refers to “the stream of commerce” as a product that was defective in manufacture and design, saying that what he had wasn’t a thong that went sprong, but a product liability case.

He said how much money — if any — it will take to pay her medical bills, alleviate her pain and suffering, and compensate her time away from work would be determined at trial, adding that it would be more than $25,000.

Lesson here folks—just stick to the granny panties.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

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By Arizona Accident Injury, March 2, 2010 2:35 pm

Flickr User: bobby-james

Children are extremely vulnerable during car accidents and should always be placed in a car seat or wearing a seat belt to help ensure their utmost safety. Child safety seats can significantly reduce the risk of injury or death for infants and toddlers during a car accident.

But what happens if your child has been injured in a car accident despite taking full safety precautions?

First and foremost, it is important to stay calm. It is perfectly understandable if you are angry and upset with the driver who harmed your loved ones. However, the important issue at this point is to make sure that your family members obtain necessary health care and that you preserve their rights to have the other driver pay for all of their damages.

If there is no dispute about negligence (meaning everyone agrees the other driver is at fault), then the other driver is responsible to pay all the medical bills, any lost wages, and other miscellaneous accident related expenses of all of the injured occupants of the other car.

The injured individuals are also entitled to a reasonable amount of compensation for their pain and suffering. The owner of the vehicle in which your family was riding is entitled to have that vehicle repaired or replaced at the expense of the other driver, and also entitled to a rental vehicle while repairs are taking place.

Children, like adults, can recover for any injuries they suffer in a car accident. Cases involving minors, however, are a bit more complex because of court rules and state laws that protect minors, even if you settle with an insurance company without filing a lawsuit. A judge may need to approve any settlement in order to make sure that the child’s award is properly invested or kept in a fund until the child reaches majority.

Because some of the rules and statutes are different for minors, it is often advised to hire an experienced car accident lawyer who can help you protect your rights and obtain the full compensation for your family members.

First and foremost, remember to get your children the healthcare they need to help recover from their injuries as soon as possible!

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

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By Arizona Accident Injury, February 26, 2010 8:12 am

Flickr User: JOE M500

Road hazards are a common cause of motorcycle accidents and many hazards that go unnoticed in a car will, in fact, cause a motorbike to crash. Things like debris, uneven road surfaces, small objects, or wet pavement, can cause a motorcycle to crash.

Motorcyclists encounter many more hazards on the road than do cars, and bikers should not assume that because they’ve been driving a car for years, they know how to practice safe driving on a motorcycle.

Some of the most common hazards for motorcycles are surprising. Learning what does and does not constitute a hazard before driving your motorcycle may help prevent serious injury in your future.

It is important for motorcyclists to understand what constitutes a hazard, be alert for such dangers, and take precautions to avoid them. Here are some of the things bikers should be on the lookout for:

• Crosswalks and other painted lines
• Railway tracks
• Railway crossing areas
• Metal bridge decks
• Cattle guards
• Oil, anti-freeze, grease
• Rain after a long dry spell
• Gravel on pavement
• Leaves
• Small animals
• Standing water
• Ice
• Snow

If a biker is injured in a road hazard accident, negligence law governs whom or what entity might be liable for the biker’s injuries.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

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By Arizona Accident Injury, February 25, 2010 9:32 am

Accidents involving commercial tractor-trailers are more likely to cause serious injury than those involving automobiles. Commercial trucks are those that are used in the course of business and/or for the transport of commercial goods, including tanker trucks, 18 wheel tractor-trailers, delivery trucks and other large trucks. These trucks can weigh over 80,000 pounds, while the average car weighs 3,000 pounds.

If you or your family member is injured or killed by a commercial truck, there are special Vehicle Code sections that apply only to commercial truck drivers and trucking companies. These special licensing requirements generally make truck accidents harder to defend and easier to win for plaintiffs.

Flickr User: Horia Varian

Anyone who is injured or has had a loved one killed in a truck accident can sue as long as some other person or entity is at fault for the accident. This includes adults and children (who can sue through guardians or parents); and even truck drivers if another person or entity was at fault for the accident.

If you are the victim in a truck accident and are confused about who to sue—the driver or the company the driver works for—you can do both.

Any person or entity that was at fault for causing the accident can be sued. This includes the truck driver and the trucking company, the owner of the trailer, the shipper, as well as any other driver, person or entity who in any way contributed to the accident, such as the manufacturer of one of the vehicles involved in the accident, the manufacturer of a tire that contributed to the accident or the owner of any public or private property whose negligence contributed to the accident.

Because there are so many factors that come into play in truck accident lawsuits, it’s wisest to seek legal help as soon as possible. Large trucking companies will perform their own investigation immediately after the accident, putting you at a vast disadvantage. It is important that you retain an attorney who immediately investigates the case to attempt to pin down liability on any potential at-fault defendants.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

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By Arizona Accident Injury, February 23, 2010 11:16 am

Flickr User: Matti Mattila

After you’ve been in an auto accident, no matter who is at fault, you should contact your insurance company. Your insurance company will gather information from you about the accident for their records—and yes, it is likely that they will want to record the phone conversation.

It is also likely that they will first ask your permission to record and monitor the phone call for their records. Many insurance businesses ask as a company policy—explicitly letting the customer know their phone conversation is being recorded. Hopefully they always let you know if or when your conversation is being recorded. If not explicitly told so, assume the call may be monitored.

Many would suggest that if you or your passengers were injured in the accident, or if you believe the insurance company might try to claim you are not covered or you have any concerns about the adequacy of your coverage, you should contact an attorney before you give the insurance company permission to record your conversation.

Many also advise that you never give a statement to the other driver’s insurance company without consulting with an attorney first. If you do, you may very well regret it. If you are contacted, politely decline to talk. Insurance companies’ claims adjusters are professional negotiators, with extensive experience in using every psychological technique to maneuver you into giving information which can hurt your claim, including discouraging you from using the professional services of a lawyer.

However, it is not wise to delay the process of reporting accidents to your insurance company. Failure to provide information to your insurance company on a timely basis (your individual policy will set forth how quickly you must notify the company) could result in loss of coverage for the accident, without it constituting bad faith by the insurer.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

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By Arizona Accident Injury, February 18, 2010 11:20 am

Flickr user: Ryan Hoist

Truck accidents are those involving a large semi-truck (with a gross vehicle weight of greater than 10,000 pounds) and a passenger vehicle.

Truck accidents account for more than 200,000 crashes each year in the U.S. and often result in fatalities.

In 2007, large trucks accounted for 8 percent of all vehicles involved in fatal crashes and 4 percent of all vehicles involved in injury and property-damage-only crashes. One out of nine traffic fatalities resulted from a collision involving a large truck.

Involvement in a truck accident can lead to serious medical problems and loss of income. You may need to file a personal injury lawsuit against the trucking company responsible for your accident.

Because trucking accident injuries tend to be more serious and the insurance coverage higher, trucking accident settlements tend to be higher than typical car accident settlements.

In some cases, it may be possible to receive a fair settlement without going to court; however, in other cases, litigation may be required.

If you do go to court, the jury will likely analyze your case based on two types of damages—economic damages and non-economic damages.

Economic damages are those that are quantifiable and are fairly easy to estimate. In general, there is no limit to economic damages. Economic damages include past and future loss of earnings, past and future medical expenses, and other expenses associated with the injury.

Non-economic damages are often referred to as “pain and suffering” damages and can vary widely from jury to jury and from state to state. Some states have put a limit on non-economic damages.

Before signing any documents provided by the trucking company’s insurance provider, it is important to speak with a qualified truck accident attorney to ensure that you receive the most experienced legal help for your specific situation. Truck accident lawyers and attorneys specialize in the representation of truck accident victims and know the best course of action to take in your case.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.