A bad car accident in Phoenix, Arizona, with multiple cars and emergency responders.
A bad car accident in Phoenix, Arizona, with multiple cars and emergency responders.
A bad car accident in Phoenix, Arizona, with multiple cars and emergency responders.
A bad car accident in Phoenix, Arizona, with multiple cars and emergency responders.

Catastrophic Accident Lawyer in Phoenix, Arizona

Catastrophic accidents in Phoenix, Arizona, are life changing for the victim and their family. These accidents cause severe injuries from traumatic brain injuries to spinal cord injuries and leave victims with financial, emotional and physical burdens. Because of the complexity of these cases victims need expert legal help to navigate personal injury law, insurance claims and settlement negotiations.

At Keller Swan we help victims of catastrophic accidents in Phoenix with top notch legal representation and support. Our team of attorneys will help you get maximum compensation for your injuries, lost wages, medical bills and pain and suffering. We are with you every step of the way through the legal process fighting for justice and financial recovery.

What is a Catastrophic Accident: Types and Effects

A catastrophic accident is any incident that causes severe life changing injuries. These injuries require extensive medical treatment and long term rehabilitation and may leave the victim permanently disabled or unable to go back to work. Some common types of catastrophic accidents:

1. Traumatic Brain Injuries (TBI)

TBIs are one of the most severe types of injuries from catastrophic accidents. TBIs occur when a blow or jolt to the head disrupts the normal function of the brain. TBIs can cause long term cognitive impairment, memory loss, personality changes and physical disabilities. Victims of severe TBIs will need ongoing medical care and support for the rest of their lives.

2. Spinal Cord Injuries (SCI)

Spinal cord injuries can cause partial or full paralysis depending on the severity of the injury and where along the spine it occurs. Victims of spinal cord injuries will lose mobility, sensation and motor control and be dependent on medical devices and caregivers for the rest of their lives. These injuries will require costly rehabilitation and adaptive equipment which can be a huge financial burden on the victim and their family.

3. Amputations

In catastrophic accidents victims may suffer traumatic amputations of limbs due to severe injury. Losing a limb can cause a huge reduction in mobility as well as emotional and psychological challenges. Amputation victims will need prosthetics, physical therapy and long term care which can be financially overwhelming.

4. Severe Burns

Catastrophic accidents such as car accidents or industrial accidents can cause severe burns which are the most painful and disfiguring injuries. Victims with severe burns will need multiple surgeries including skin grafts and reconstructive procedures and may have permanent scarring or disfigurement.

5. Organ Damage

Accidents with extreme force such as high speed collisions or industrial accidents can cause organ damage which can be life threatening. Victims will need emergency surgery and long term medical care to manage organ damage and prevent further complications.

Personal Injury Catastrophic Accident Laws in Phoenix, Arizona

Understanding the laws surrounding catastrophic accidents is critical for victims seeking justice and compensation. Catastrophic accident cases in Phoenix, Arizona are governed by state laws, local ordinances and insurance policies. Here’s a breakdown:

1. Negligence and Liability

To get compensation in a catastrophic accident case you must show that another party’s negligence or reckless behavior caused the accident. Negligence is defined as the failure to act as a reasonable person would in the same situation. To prove negligence you must show:

  • Duty of Care: The at-fault party owed the victim a duty to act responsibly and not cause harm. For example, drivers are expected to follow traffic laws and employers must provide a safe work environment.
  • Breach of Duty: The at-fault party failed to meet the duty of care through their actions or inactions.
  • Causation: The breach of duty caused the accident and the resulting injuries.
  • Damages: The victim suffered significant harm as a result of the accident including physical injuries, emotional trauma and financial losses.

Proving liability is key to getting compensation for medical bills, lost wages and pain and suffering.

2. Comparative Negligence in Arizona

Arizona is a pure comparative negligence state which means even if the victim is found partially at fault for the accident they can still recover. However, the amount of compensation will be reduced by the victim’s percentage of fault.

For example if a victim is 20% at fault for an accident and their damages are $1,000,000 they would still be able to get $800,000 in compensation. This rule ensures victims are not barred from getting damages even if they were a minor contributor to the incident.

3. Damages in Catastrophic Injury Cases

Because of the severity of the injuries in catastrophic accidents victims are often entitled to big compensation. Damages in catastrophic injury cases can include:

  • Medical Expenses: Past, present and future medical bills including surgeries, hospital stays, medications, physical therapy and rehabilitation.
  • Lost Wages: Lost income due to the victim’s inability to work. This also includes lost earning capacity if the victim can’t go back to their previous job.
  • Pain and Suffering: Non-economic damages for physical pain and emotional trauma suffered by the victim as a result of the accident.
  • Loss of Enjoyment of Life: Compensation for the loss of the ability to do things they once enjoyed, such as hobbies or sports.
  • Emotional Distress: Compensation for the psychological trauma, anxiety, depression and emotional suffering caused by the accident.

4. Statute of Limitations

In Arizona the statute of limitations to file a personal injury lawsuit including catastrophic accident cases is two years from the date of the accident. This means you must file a claim within that time frame or you will lose your right to get compensation.

However in cases involving government entities such as public transportation vehicles the statute of limitations may be shorter, typically 180 days from the accident.

5. Insurance Issues

Dealing with insurance after a catastrophic accident can be complicated, victims may have to deal with multiple insurance companies, their own and the at-fault party’s. In some cases the insurance policy limits may not be enough to cover the full extent of the victim’s damages and there will be disputes over compensation.

An experienced catastrophic accident attorney can help victims negotiate with insurance companies to get fair compensation for their injuries. Attorneys can also help identify other sources of compensation such as uninsured/underinsured motorist coverage or third party claims.

Catastrophic Accident Statistics in Phoenix, Arizona (2023)

Catastrophic accidents in Phoenix are prevalent and affect hundreds of individuals and families every year. According to the Arizona Department of Transportation and local law enforcement agencies here are the statistics for 2023:

  • Total Catastrophic Accidents: 500 in 2023 with severe injuries and property damage.
  • Injuries and Fatalities: 200 severe injuries and 50 fatalities among drivers, passengers, pedestrians and other road users.
  • Contributing Factors: Common causes of catastrophic accidents in Phoenix:
    • Speeding: 40% of the accidents were due to excessive speed which increases the severity of the collision and injuries.
    • Distracted Driving: Using cell phones or other distractions while driving was the cause of 30% of the accidents.
    • Driving Under the Influence: 20% of the accidents were due to alcohol or drug impairment.
    • Mechanical Failures: Defective brakes, tire blowouts and other mechanical issues were the cause of 10% of the accidents.
    • Adverse Weather Conditions: Dust storms, rain and fog were the cause of 10% of the accidents by reducing visibility and impairing vehicle handling.

Recent Personal Injury Case

One of the biggest catastrophic accident cases in Phoenix in the last 10 years was in 2015 on I-17. A semi-truck collided with several passenger vehicles and multiple severe injuries including traumatic brain injuries and spinal cord damage. The victims sued the truck driver, the trucking company and other parties involved for negligence and failure to follow safety regulations.

Result:

  • The case settled for $15 million to cover medical expenses, lost wages, pain and suffering and long term care needs.
  • The trucking company was found liable for not maintaining their vehicle and allowing the driver to operate the truck beyond federally mandated driving hours.

Conclusion:

This case shows the importance of following safety standards in commercial trucking and the legal responsibilities of trucking companies to train their drivers and maintain their vehicles.

Why Choose Keller Swan for Your Catastrophic Accident?

At Keller Swan we know how a catastrophic accident can change your life and your family’s. That’s why we will provide you with the best legal representation and personal attention.

1. Legal Representation

Our lawyers have been handling complex catastrophic accident cases for years. We know Arizona personal injury law and insurance regulations so we can get you the most compensation possible.

2. Client Care

At Keller Swan we put our clients first. We take the time to listen to you, answer your questions and develop a legal strategy for your situation. We will provide you with care while we fight for what you deserve.

3. Results

We have settled and won millions in catastrophic accident cases. Our focus on excellence and our commitment to our clients gets us results even in the toughest cases.

Common Causes of Catastrophic Accidents in Phoenix

Causes of catastrophic accidents are often due to negligence, recklessness or unsafe practices. Some of the most common causes are:

1. Distracted Driving

Drivers who text, talk on the phone or use GPS while driving are more likely to have an accident. Distracted driving is one of the leading causes of catastrophic accidents in Phoenix.

2. Speed

Excessive speed limits the driver’s reaction time to obstacles or other vehicles and makes collisions more severe. Speed is a common factor in catastrophic accidents on highways and city streets.

3. DUI

Driving under the influence of alcohol or drugs impairs a driver’s ability to operate a vehicle safely. DUI accidents often result in catastrophic injuries because the impaired driver can’t make good decisions and react to road conditions.

4. Mechanical Failure

Catastrophic accidents can happen when vehicles have mechanical failures such as brake failure, tire blowouts or engine problems. Regular maintenance is key to preventing these types of accidents especially in commercial vehicles.

5. Weather Conditions

Phoenix’s weather, dust storms and flash floods can be hazardous. Drivers who don’t adjust their driving to poor visibility or slick roads can cause catastrophic accidents.

What to Do

If you or a loved one has been in a catastrophic accident you need to do the following to protect your health, your legal rights and your financial future:

1. Get Medical Help

Catastrophic injuries require immediate medical attention. Even if you don’t feel injured right away you need to get medical evaluation to check for internal injuries or delayed symptoms. Document all medical treatment and diagnosis.

2. Report the Accident

Notify local authorities about the accident and make sure an official accident report is filed. This report will be key evidence in your case.

3. Save Evidence

Take pictures of the accident scene, vehicle damage, road conditions, skid marks and any other relevant details. Get contact information of witnesses who can give statements about the accident.

4. Call a Lawyer

After a catastrophic accident you need to consult with an experienced personal injury attorney who handles catastrophic injury cases. At Keller Swan we will review your case, explain your options and guide you through the process of filing a claim or lawsuit.

Keller Swan

Injured in a catastrophic accident in Phoenix, Arizona? Call us today. The lawyers at Keller Swan will fight for your rights and get you the compensation you deserve for your injuries and damages.