Tucson Lawyer of the Year – 2022

The 28th Edition of Best Lawyers in America© has recognized Mercaldo Law Firm partner Marco Mercaldo for his work in Plaintiffs Medical Malpractice Law and Plaintiffs Personal Injury Litigation. In addition, Mr. Mercaldo has been named the Best Lawyers® 2022 Plaintiffs Medical Malpractice “Lawyer of the Year” in Tucson.

“Lawyer of the Year” status is awarded to the lawyer who receives the highest peer-reviewed feedback evaluated and compiled by Best Lawyers®, the definitive guide to legal excellence. Only one lawyer per practice area and region achieve this recognition annually. More than 113,000 industry-leading lawyers are eligible to vote (from around the world), and Best Lawyers received more than 15 million evaluations on the legal abilities of other lawyers based on their specific practice areas.

Rollover Accidents in Large Vehicles Have High Fatality Rates

New Proposed Federal Regulations to Curb Rollover Accidents Among Commercial Vehicles

Rollover car crashes are the deadliest type of car accident. According to an article in the Accident Reconstruction Journal, rollover accidents cause one-third of all fatalities in the U.S. Approximately 50 percent of rollovers in passenger trucks and SUVs involve a fatality; for commercial trucks the rate increases to 60 percent.

In an attempt to curb these deadly accidents among commercial trucks and buses, the National Highway Traffic Safety Administration proposed a first-ever federal safety standard requiring electronic stability control systems for large commercial vehicles. The NHTSA has already instituted similar regulations for SUVs, pickup trucks and other passenger vehicles, which went into effect in 2012. The NHTSA has stated it believes those regulations have proven effective for passenger vehicles.

The NHTSA estimates the new regulations could reduce rollover crashes by 56 percent each year for large commercial vehicles and 14 percent of loss-of-control crashes. This reduction could prevent up to 2,329 crashes, 858 injuries and 60 fatalities each year.

ESC systems reduce the risk of rollover or loss-of-control crashes by monitoring vehicle movement and steering: If needed, the ESC automatically helps the driver to keep control of the vehicle by braking or correcting over-steering or under-steering.

The NHTSA rules would take effect two or four years after they are adopted, depending on the type of vehicle. The technology is already available and used in various vehicles on the road today.

Causes of Rollover Crashes

Certain types of large vehicles have a propensity for rollover crashes. Vehicles that have a high center of gravity and narrow width, such as sport utility vehicles and trucks, are unstable in sharp turns. Further, driving over the speed limit, driving with a high blood alcohol content and not using a seatbelt have all been implicated as causing a high number of fatalities in rollover crashes.

Contact an Attorney

People who have been in a rollover accident should contact an experienced personal injury attorney to discuss the possibility of compensation for lost wages and medical expenses. If a loved one has died in a rollover crash, the family of the deceased may also receive compensation for its tragic loss.

Reducing Medical Errors Proving to be a Difficult Task

Very few professionals are as highly regarded as those who work in the medical field. Naturally, when we’re sick, we trust and hope that our doctors know what is in our best interests and that they guard strenuously against any errors that would harm us.

The medical field has attempted to reduce medical errors that harm patients. But medical errors are a continuing source of patient harm and have been for many years. An Institute of Medicine study performed over a decade ago found that the number of patients killed by medical error may nearly reach in the six figures annually. Despite recent calls for reform, patients continue to be harmed and killed by medical shortcuts, inadequate training and communication lapses.

Some simple solutions to reduce medical errors continue to not be implemented. For example, the airline industry uses checklists to prevent against human error, a method that has been proven effective in hospitals. Yet the medical community has not fully embraced such checklists and often puts too much faith in the idea that doctors never make mistakes.

Other examples of medical error are more blatant. For example, the Centers for Disease Control and Prevention reports that 125,000 patients have been notified since 1999 of potential exposure to Hepatitis and HIV because medical providers used one needle on multiple patients.

This prompted the CDC to begin its “One & Only” public health campaign that provides posters and instructional material to medical providers to remind them to use a needle for one patient only. Unfortunately, the practice of using one needle for multiple patients continues. In July, 2012, the Colorado Department of Public Health and Environment noted that thousands of Colorado dental patients are now at risk of blood-borne diseases because at one dental office, some needles were used multiple times – in some cases over a period of days.

Other Possible Systemic Safety Measures

While certainly some medical providers simply provide grossly inadequate care, systemic, preventable medical errors by competent doctors could be reduced by taking certain practicable steps. Doctors can be hesitant to reveal medical mistakes for fear of lawsuits. Ensuring that medical error reporting is open and transparent can greatly improve patient care and decrease the cost of healthcare. Some steps may include:

• Researching and implementing error prevention techniques
• Providing transparency by setting standards for identifying and collecting data on medical errors
• Enforcing existing and future medical safety standards through legal and regulatory reform

An Attorney Can Help

It can be difficult for a patient harmed by medical error to know what steps to take. If you have been harmed by a preventable medical mistake, contact an experienced medical malpractice attorney to discuss your legal options moving forward.

Driver in Bicyclist Crash Set to be Sentenced Almost Two Years Later

Bicycling is a popular method of transportation. However, reports of bicyclists being injured or even killed after being struck by a vehicle are all too common.

Tucson residents may recall a hit-and-run bicycle accident that occurred in spring 2011 in which the driver left the scene and was later arrested when trying to repair the damage to her vehicle. According to Tucson Velo, the driver will be sentenced on April 15, 2013, after months of legal procedures.

Driver hit bicyclist and fled

The Tucson Velo reports that, on May 20, 2011, the 23-year-old biker was traveling north on Swan Road where the bike lane expands to full-lane width. The driver, who did not have insurance, who was driving on a suspended license, and who was also caught by a red-light camera failing to stop for a red light at a nearby intersection, hit the bicyclist from behind at an estimated 45 mph. The driver initially slowed down but then sped away, leaving the bicyclist with severe injuries including a fractured skull and a broken jaw. Witnesses reported that the driver was talking on her cellphone at the time.

Common bicycle-car accidents

Bicyclists are most commonly hit when a vehicle is backing out of an area such as a side street or a driveway. Today’s drivers are often distracted and rush out of these areas without properly checking their surroundings.

Getting a headlight improves visibility to a driver greatly. Additionally, if it is apparent the driver is distracted and does not see the oncoming bicycle, slowing down and waving or gesturing to get the driver’s attention is encouraged. However, sometimes driver just do not pay enough attention.

It also helps to ride slightly to the left, or farther out into the middle of the street. Not only does this ensure the bicyclist is farther away from the vehicle if it does decide to keep pulling out, the driver is likely looking into the middle of the street for other vehicles, which increases the chance of the driver seeing the bicycle.

Another common collision occurs in a similar situation. A vehicle may attempt to make a turn and slam into a bicyclist who is riding through a crosswalk. Drivers making turns often do not expect to see bicyclists and are frequently taken by surprise.

The best thing for a bicyclist to do in this situation is to avoid riding on sidewalks. Riding on a sidewalk heightens the risk of colliding with a turning vehicle, no matter which side of the sidewalk a bicyclist rides on. Riding on sidewalks is also illegal in some locations.

No matter what the situation, a bicyclist should always slow down and wear a headlight to reduce the risk of crash or serious injury. Bicyclists should also avoid busy streets and use distracting items such as headphones or cell phones minimally.

Serious injuries from a bicycle accident cause financial difficulties and severe pain and suffering. A bicyclist injured by a distracted motorist should contact a personal injury attorney with experience in pedestrian accidents. The attorney can help with holding the negligent driver responsible and obtaining all available compensation.

The Complexities of Brain Injuries from Car Accidents in Arizona

The brain is considered the command center of the body. It is from the brain that organs and biological systems receive orders and messages and when the brain is injured in some way, such as being involved in a car accident in Pima County, the brain may be unable to function the way it is supposed to.

The Centers for Disease Control and Prevention report that 1.7 million traumatic brain injuries occur each year and concussions make up 75 percent of that number. Car accidents cause a little more than 17 percent of TBIs and 31 percent of those diagnosed with TBI after a car accident actually die from the injury.

Recognizing TBI

It is important for people to understand how to recognize TBI after they have been involved in a car accident so that they can seek immediate treatment. Symptoms of a TBI or concussion include:

• Nausea
• Loss of balance
• Lightheadedness
• Confusion/loss of memory
• Sensory difficulties; trouble with smells, sight, hearing
• Mood swings

Other symptoms may be headaches, sleeping problems, difficulty focusing on things or organizing, speaking issues and tiredness. When a car accident victim hits their head, it is important for someone to monitor their behavior for the first 24-48 hours. Sometimes it can take a few days before the symptoms of a concussion appear. Any changes should immediately be brought to the attention of a doctor.

Treating a TBI

The treatment for a TBI or concussion, vary, depending on the severity of the injury. When a serious injury is suffered through a blow to the head, a person may need surgery in order to relieve a contusion (blood clot), repair a crack in the skull, or alleviate a hemorrhage according to the University of Arizona Medical Center.

For basic concussions, the best treatment is rest and this may require a car accident victim to take time off of work. People with concussions should avoid any activity that could be taxing on the brain. The brain requires rest so that it can recover from the damage it received. The CDC recommends even avoiding driving a car or riding a bike until a doctor gives their okay.

Sometimes a concussion develops into something more serious due to the complexity of the brain. While most concussions can heal with time and rest, others may cause the person difficulty for weeks, months, and even years.

Seeking legal compensation

Due to the seriousness that a concussion or TBI represents, a person’s entire life can be affected, preventing them from being able to work, requiring additional medical care and even impacting their way of life. These problems create financial challenges that can be taxing on a family. However, victims of car accidents can seek appropriate compensation from the party at fault in a court of law. If you are the victim of a car accident, it is important to talk to an experienced personal injury attorney to understand your options.