Phoenix Car Accident Attorney Blog

In many Mesa motorcycle accidents, motorcycle riders typically sustain terrible permanent injuries and many times they sustain fatal injuries. Although most witnesses do not agree, the fact is that many times in car accidents, it isn’t the motorcyclists’ fault that the crash even occurred.

Mesa motorcycle accidents as well as motorcycle accidents all over the worlds usually occur because the other involved driver was not paying attention to the roadway. In many instances, the adverse driver was not paying attention to the roadway, including examples such as texting while driving, talking on their cell phone, looking down and going through documents, looking at the radio, or the cd player, among other things other than looking at the roadway. It can even be for a split second that the car driver is not looking at the roadway and then they collide with the motorcycle rider.

The problem for motorcycle riders is that when the other driver is at fault and collides with the motorcycle, the motorcycle rider has limited protection and usually gets seriously injured. The most careful rider can be severely injured because they are completely exposed. For what may be a minimal impact between two cars, between a motorcycle rider and a car it is a total different situation, much more likely to result in serious injury for the motorcycle rider compared to the person riding in the vehicle. If you are a motorcyclist who was hit by a car in a Mesa accident, there are several necessary steps you must take to make your case have the best chances of settling for the maximum value.

First, do not speak to any investigation firms, especially any investigator from an insurance company. A representative from an insurance company may call you to try to get a recorded statement. This is very typical. Do not let them convince you that you have to give a recorded statement. You do not have to give a recorded statement.

Second, avoid any solicitors at the hospital or ambulance who try to get you to consult a law firm, especially if that person comes to your hospital or home. Often these solicitors are not lawyers and are investigators or people who are paid by lawyers who are looking for new clients. This is not a good way to choose an attorney.

Third, go ahead and take the time to find an attorney and go through the internet. You can check the State Bar of Arizona to search for advice on what law offices are best qualified to handle your serious injury claim. We suggest to look on the internet and research whether the lawyer you are thinking about hiring has tried similar cases to yours. Also, check if the attorney you are thinking about choosing has a good reputation your community.

Fourth, you should to take pictures of all your injuries or bruises that were caused by the motorcycle accident. Of course after a serious collision and significant injuries, it may be impossible for you to take pictures of the scene of the accident yourself. You can have family members take photos or the police will often take photos of the scene and any other vehicles involved in the accident. Pictures you take of your personal injuries and bruises can be used as essential evidence to prove the seriousness of your injuries.

Fifth, talk to an experienced Mesa car accident attorney as soon as possible. As qualified lawyers who have worked with many motorcycle accident victims, many with very serious injuries and many who have sustained fatal injuries we are ready to help you and answer any of your questions.

Feel free to give us a call anytime and we can give you honest answers to your questions.

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Mesa car accidents and truck accidents require very different follow up when you have been an injured victim. One of the differences between a car accident and a truck accident, is that it is absolutely necessary for the victim or their attorney to submit to the trucking company a spoliation letter. A spoliation letter tells the trucking company that they have to hold onto the evidence and are unable to destroy anything. In many cases, trucking companies destroy the actual truck involved in the accident, or any other pertinent evidence, to get rid of any proof that they know would show that they were at fault for causing the accident. Therefore, sending the trucking company a spoliation letter would thereafter hold the trucking company accountable for keeping the evidence. A spoliation letter also requires the representatives for the trucking company to hold all necessary documents that prove that the truck driver was responsible for the accident. We have had many cases where spoliation letters made the entire different in the case. Many times when we send spoliation letters the trucking company will still destroy the evidence however when we are able to show that the trucking company received the spoliation letter we are then able to get evidence into the courtroom that we may have otherwise not been able to.

The question becomes why do trucking companies want to go as far as destroying evidence from a car crash when they know that it will come back to haunt them. Many times, the trucking companies will get away with destroying the evidence because they do not receive a spoliation letter or because the spoliation letter is not effective and complete. Many times trucking companies destroy the evidence because they bank on the fact that juries often times will not believe or be persuaded that the trucking company deliberately destroyed the evidence. Having the spoliation letter though signed by a trucking representative that they received it further helps to show that the trucking company on purpose destroyed the evidence.

After a car crash, especially when someone is seriously injured, it is important to have a complete and legally valid spoliation letter sent to the trucking company. Every case is different and typically each spoliation letter will be different as well.

Do you have an experienced Mesa Arizona car accident lawyer on your side? It is vital if you are seriously injured in a trucking accident to make sure you at least speak to an experienced injury lawyer in Arizona. If you do hire an attorney, make sure to ask the lawyer for a copy of the spoliation letter so you can review it to make sure that all the details are accurate. Some attorneys who take trucking accident cases are unfamiliar with the important or legalities for spoliation letters. If you have been seriously injured it is important to make sure you are hiring someone with the experience necessary to handle your serious injury claim.

When a minor is involved in a Arizona car accident in Arizona, the procedures are entirely different. During the negotiation stage, it is important to always make sure to account for the future injuries that may occur with a minor. Many times, it is unknown what will occur exactly. That is OK but a minor can recover damages for personal injuries that are likely to occur. People think many times that the threshold is that you have to absolutely know and predict the future. In fact that is not the case. When proving and collecting upon a personal injury claim for future damages, and this is true whether it is a minor or not, a person can collect for future damages by showing that it is more likely than not that the future damages or future medical care or future medical bills will be incurred. Thus, the standard is more likely than not. In criminal cases, the standard is beyond a reasonable doubt. When it comes to a car accident the standard is not as high a threshold as with a criminal case.

Fast forwarding to the settlement process. Typically, a minor’s settlement will have to be approved by a Judge. The Judge will listed to the lawyer, the guardian and the minor. Sometimes the minor does not have to appear for the Court hearing but if the minor is above 10 we encourage the parents to have the minor attend. Both parents must have notice that the court hearing will take place.

The Judge will listen to the fact and will either approve or disapprove the settlement and the disbursement of the settlement. At that time, it should be very clear to the minor and the parents what the minor will receive. Usually, either a restricted account is set up at a bank account or an annuity is purchased for the minor. The minor cannot touch the money until the minor reaches age 18. At that time the minor will have to petition the court to release the funds. This is an easy process to have the funds released but it is necessary to have a court hearing.

If you have any questions on a settlement regarding a minor’s injury or if your minor child has been injured, contact the husband and wife law team to help with your claim.