Legal Question in Personal Injury in Arizona

I live in the Johnson Ranch sub-div here in Santan Valley AZ. while on a bike ride w/ a friend at 10:30 pm Feb 28 approx 500 yrds from my home a neighbor/snow birds from ND. had hired a landscape company that had a pile of sand/gravel dropped off in front of the home a couple feet from the curb a good 1/3 of the way into the street if not more...the H O A here is very stric.....you sign your life away here when ya move in! & they are constantly driven around like commies taking pics & mailing out warning notices for all sorts of violations!...anyway....WE are not allowed to park on the streets after 10-12 pm & a pile of dirt is no exception!....By the time my bike light & eyes could see the dark 1000/2000 lb pile in the street....I was completely launched over the handle-bars, over the pile and went head and elbows into the asphalt on the other side shattering my R elbow....busted up my ribcage on the R side of my body and did unknown damage to my neck & shoulder & back!.....I have lots of wittness`s.....an accident/ inncodent case # from a deputy that also seen the pile and wrote down the address of the home as well. I ended up in the ER as well as at my primar care DR. & I have appointments w/ specialist for a cat scan for what appears to be nerve/tendon/muscle damage.....I also chipped the bone in my right elbow....thank God for pain medds I guess! what sort of case do I have????....Thankyou very much for your time. R. Thomas Underwood


Asked on 3/17/14, 10:11 am

1 Answer from Attorneys
John Kelly Kelly Law Team

Hi Thomas,

It sounds like you may have a personal injury claim for negligently leaving a pile of dirt in the road. The question will be who was negligent. It could be the home owner, in which case an attorney could investigate whether they have homeowner's insurance. It could be the landscape company for failing to clean up a hazardous pile of dirt. The owner of the company may have insurance which could come into play. Finally, you could look at whether the HOA took action to identify and resolve the problem if the dirt was in the road for a long enough time. Your injuries are significant so it is worth looking into whether you can make a successful claim. I would reach out to a personal injury attorney so that they can sort through the relevant information for you.

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Answered on 10/20/15, 12:58 pm


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