Ortega Law Firm

Call Today 480-582-0981

Phoenix Personal Injury Law Blog

The tragedy of auto accidents often leaves many feeling the loss

Those who travel the busy interstates throughout the nation all have different destinations but the same goal of arriving safely. Unfortunately, negligent or reckless motorists can cause serious auto accidents. Recently, the actions of one driver has left several families and the music community reeling after a fatal crash on an Arizona highway.

On a recent Wednesday morning, shortly after 1 a.m., a passenger van carrying a musical duo on tour from overseas was being driven by their tour manager. The group had performed at a club in Phoenix and was on their way to another show. As the van traveled west on Interstate 10, another vehicle headed east in the westbound lanes. The two vehicles collided at highway speeds, and neither vehicle appeared to brake before the crash.

Audit logs may be critical in a medical malpractice case

In 2009, Congress provided funding to speed up the switch to electronic medical records. It was believed that this format allows patients greater access to their records while reducing the possibility of medical malpractice. However, as many Arizona patients have likely discovered, accessing a complete record of their own health care is often problematic. 

In an effort to ease the process, the Department of Health and Human Services proposed a new rule that would prevent information blocking. The senate will begin hearings on the new rule, which some critics claim does not go far enough in ensuring that patients will have access to their complete record, including documentation of every time their records have been accessed by care providers and when edits have been made. The rule would mandate that patients are entitled to an electronic copy of their records at no cost to them.

Were you wrongfully arrested?

Getting arrested is frustrating and embarrassing enough when it is justified. But facing a wrongful arrest and unjust charges can fill an innocent defendant with anger and hopelessness, especially if they do not know how to defend their legal rights in Arizona. Whether an arrest is wrongful or justified, every person charged with a crime should build a defense and fight the charges, to avoid unfair punishment if nothing else.

Feeling angry and trapped after a wrongful arrest is normal, but it is wise to focus this frustration on fighting the charges with the legal tools you have available. With some hard work and careful review of the evidence against you and the circumstances that led to your arrest, you may find that you have more defensive options than you expected.

Failures in vital components could lead to auto product liability

When the assembly-line automobile was first introduced, the possibility of a mechanical failure may not have been a serious issue since the machines were relatively simple. Advances in technology may have led to increased performance capabilities, but they have also led to increased complexities in computer-assisted engines that incorporate more components that could fail without warning. Arizona residents who have been injured or sustained significant property damages due to a faulty vehicle component may have grounds to pursue an auto product liability claim.

General Motors recently announced another recall affecting more than 26,770 models across several product lines. The recall is due to failure of the power steering unit. According to the National Highway Traffic Safety Administration, motorists may experience a sudden loss of the car's electrically assisted power steering, which could lead to a collision. Though the problem may seem to correct itself after the engine is shut down and restarted, it can occur again without warning.

Officer convicted on all counts in fatal police brutality case

Those who serve as police officers are usually hailed as heroes who protect the lives and property of the residents in their local communities. While this is true most of the time, there have been far too many cases when officers have gone far beyond their duties and have inflicted harm on those whom they are called to serve. Even one case of police brutality against Arizona residents can erode trust in law enforcement.

Recently, a jury reached a verdict of guilty against an officer who was charged with manslaughter in the death of a stranded motorist. The jury also found the officer guilty of attempted murder when he shot the man whose vehicle had broken down along an exit ramp. The officer had been patrolling for suspects in connection with car burglaries. When he came upon the disabled vehicle, he claimed that he feared for his life and was forced to fire his weapon at the African-American male inside.

"Egregious" medical malpractice error cited in patient's death

A trip to a hospital emergency room is already fraught with fears. One of the last things on a patient's mind may be concerns over whether the staff will fail to provide proper care. Unfortunately, if a medical center fails to follow proper procedures, any Arizona patient could become a victim of medical malpractice.

Sadly, at least one patient died when staff at one formerly well-respected medical center committed an "egregious" medical error. According to an in-depth investigation, it was determined that a woman died after receiving a blood transfusion with a type that was incompatible with her own. The deadly mistake occurred when a blood sample from a prior patient was re-labeled and sent to the hospital lab for testing and typing. Staff failed to question the re-labeling and sent up blood to be used for the transfusion.

Preventing commercial vehicle accidents in the hands of drivers

According to data presented at the annual Transportation Research Board gathering for 2019, the numbers of fatal crashes involving tractor-trailers has continued to climb. This includes commercial vehicle accidents that resulted in the deaths of other victims, not just the tractor's occupants. While the number of fatalities was not broken down by state, there have been numerous Arizona travelers who have been victims of these horrific crashes.

The Chief Safety Officer with the Federal Motor Carrier Safety Administration listed several categories in which the numbers of fatal accidents rose during the last three years. The best way to prevent these types of incidents starts with each driver taking control of his or her driving habits. One of the most effective means to prevent fatal injuries for operators is to use the safety restraints. In addition, proper use of turn signals and hazard lights can also help increase the safety of all motorists.

Common causes of car accidents

A car accident can happen for any number of reasons. A tire can blow out and cause a driver to lose control. An animal might run into the street and cause a driver to swerve into another object. Or, a motorist might be texting and driving and not notice that traffic is coming to a stop. These are just a few examples of a long list of actions that might cause a collision.

Many accidents occur due to human error which means that there are ways to avoid them. By being aware of the most common causes of vehicle collisions, you will be better prepared to take steps to avoid them.

Some families may file medical malpractice re nursing home deaths

The realization that a loved one requires full-time nursing care is often difficult one for families. They typically look for a nursing home that can provide the care and supervision their loved one requires. Sadly, when these facilities fail to meet their obligations, Arizona families may have recourse to file a medical malpractice claim in an effort to seek justice for their loved one.

Recently, one family filed a wrongful death civil lawsuit against the nursing facility that was charged with caring for a man with severe dementia. The patient was suffering from the ailment due to a prior heart attack. He had been a resident of the facility for several years before he managed to wander off the premises. The nursing home failed to report the man's disappearance in a timely manner to either local police or to relatives.

Some BMWs a fire risk, may lead to auto product liability claims

The National Highway Traffic Safety Administration is a federal agency responsible for keeping people safe on the nation's roadways. Some say it's not doing it's job, at least with respect to a problem with certain makes and models of BMWs. Over 90 complaints have been filed with the agency, saying that the luxury vehicles burst into flames spontaneously. Reportedly, the NHTSA has not yet opened a formal investigation. In Arizona and across the country, this may lead accident victims to pursue auto product liability claims for monetary damages.

BMW customers say they have sustained significant financial damages due to their vehicles catching fire while they were turned off and parked in a garage. There is no one specific model or year singled out, as consumers have reported that various BMWs have been involved. Several apparently lost their homes when a vehicle fire rapidly spread. One owner claimed she and her children were home when her car caused an explosion that destroyed her house. 

Ortega Law Firm | 361 East Coronado Road, Suite 101, | Phoenix, AZ 85004-1525 | Phone: 480-582-0981 | Map & Directions