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Scottsdale Injury Lawyers Files New Lawsuit for Pedestrian Hit By Car While Working in Fountain Hills
On July 31, 2019, Scottsdale Injury Lawyers filed a new lawsuit on behalf of a woman in Fountain Hills, Arizona who was struck by a car while she was on foot in a parking lot. The lawsuit was filed in Maricopa County Superior Court and alleges that the client sustained serious emotional and physical injuries and resulting wage loss. The complaint alleges that the driver of the car was negligent for:
- Operating a motor vehicle without keeping a proper and sufficient lookout
- Failing to yield the right of way to a pedestrian in a parking lot
- Failing to control speed to avoid a collision in violation of A.R.S. § 28-701A, and
- Failing to operate a motor vehicle in a safe and proper manner in order to avoid injury and damages to others
The client was working at the time of the accident and ordered the driver of the vehicle to leave the retail store that she managed. The client then went into the parking lot to tell the driver of the vehicle not to return to the business. As the client attempted to walk to the driver side of the vehicle, the driver accelerated. The client made contact with the front portion of the vehicle and landed violently to the ground. The driver then fled the scene. Video surveillance captured the events and impact. The video surveillance may be viewed by clicking below
The client sought out treatment for her injuries which included a spinal injury, contusions, abrasions and post traumatic stress. The client underwent months of physical therapy and chiropractic care. The client still treats for her post traumatic stress more than one year after the incident. Pictures of some of the client’s injuries are below.
Bringing a Separate Civil Lawsuit In Addition to a Workers’ Compensation Claim
Since the client was working at the time of the incident, she asserted a workers’ compensation claim. Workers’ compensation allows an employee to recover for a workplace injury. All employers are required to have workers’ compensation insurance for employees in the State of Arizona. If an employee is injured while working, he or she may not sue his or her employer regardless of fault. At the same time, even if the employee injures himself or herself due to his or her own negligence, he or she may still recover and assert a workers’ compensation claim. Workers’ compensation applies regardless of who is at fault.
There are several situations where an injured individual may bring both a workers’ compensation claim and a separate civil lawsuit.
Typically, an injured employee may not sue an employer or his or her co-workers for a workplace injury. Recovering through workers’ compensation is his or her exclusive remedy. However, there are exceptions to this rule. If the employee was injured due to the willful or intentional misconduct of his employer or another co-worker, the injured employee has the right to file a civil lawsuit against the co-worker or employer outside of the workers’ compensation system.
In addition, there are several situations where an injured individual may bring both a workers’ compensation claim and a separate civil lawsuit. When an injured employee is hurt due to the negligence or fault of a third party (someone other than his or her employer or co-worker), the injured individual may bring a separate civil lawsuit against the person/company/individual who caused the harm. The following are just a few examples of when an injured worker may have both a workers’ compensation claim and separate civil lawsuit against an at fault party.
Examples of When a Separate Civil Lawsuit May be Brought In Addition to a Workers’ Compensation Claim
- An employee is injured in a car crash while working. The employee may bring a separate civil lawsuit against the at-fault driver who caused the crash.
- An employee is injured at work when a ladder he is working on breaks. The employee may bring a separate civil lawsuit against the maker of the ladder.
- An employee is injured at work when he is delivering a package and attacked by a dog. The employee may bring a separate civil lawsuit against the owner of the dog.
- An employee is injured at work when he slips and falls on a floor that had just been mopped. The employee may bring a separate civil lawsuit against the third-party janitorial company that was responsible for cleaning.
- An employee is injured at work when the machine he is working on fails to operate properly. The employee may bring a separate civil lawsuit against the third-party company responsible for servicing and maintaining the machine.
- An employee is injured on a construction site when a roofer drops a hammer on his head. The employee may bring a separate civil lawsuit against the third-party roofing company.
- An employee is injured while working when a stair collapses at a facility he is visiting. The employee may bring a separate civil lawsuit against the third-party facility owner.
- An employee is injured due to a doctor’s negligence while receiving treatment for a workplace injury. The employee may bring a separate civil lawsuit against the doctor.
Advantages to Bringing a Separate Civil Lawsuit In Addition to a Workers’ Compensation Claim
There are advantages to bringing a civil lawsuit as well as a workers’ compensation claim. In a workers’ compensation claim, an employee may receive medical expenses and lost wages. However, lost wages are capped by law. In addition, an employee may not recover for pain and suffering in the workers’ compensation system. With certain exceptions, there are generally no caps to damages in a civil lawsuit. An employee can recover pain and suffering damages in a civil lawsuit which the employee is unable to do in the workers’ compensation system.
As such, if you or a loved one was injured while working, you should consult with an attorney to see if a separate civil lawsuit may be brought in addition to a workers’ compensation claim. Scottsdale Injury Lawyers has skilled workers’ compensation attorneys in its attorney network who regularly handle workers’ compensation claims. In addition, Scottsdale Injury Lawyers regularly represents injured workers in separate civil lawsuits against third parties. If you or a loved one was injured while working, contact Scottsdale Injury Lawyers today to discuss your case.
About the author: The content on this page was written by Scottsdale civil rights lawyer and personal injury attorney Tony Piccuta. Piccuta graduated with honors from Indiana University-Maurer School of Law in Bloomington, Indiana (Ranked Top 35 US News & World Report 2018). Piccuta took and passed the State bars of Arizona, California, Illinois and Nevada (all on the first try). He actively practices throughout Arizona and California. He is a trial attorney that regularly handles serious personal injury cases and civil rights lawsuits. He has obtained six and seven figure verdicts in both state and federal court. He has been recognized by Super Lawyers for six years straight. He is a member of the Arizona Association of Justice, Maricopa County Bar Association, Scottsdale Bar Association, American Association for Justice, National Police Accountability Project and Consumer Attorneys of California, among other organizations.
Disclaimer: The information on this web site is for informational purposes only and does not constitute legal advice. Reading and relying upon the content on this page does not create an attorney-client relationship. If you are seeking legal advice, you should contact our law firm for a free consultation and to discuss your specific case and issues.