Phoenix Car Accident Attorney Blog

Motorcycle crashes that result in deaths and injuries are an important public health concern, as there are currently more people who are choosing this mode of transportation. In the United States alone, there are about 6.2 million motorcycles that are registered. Each year, approximately 11% of all highway fatalities represent motorcycle fatalities.

In recent new, the Department of Public Safety in Arizona investigated a fatal collision on U.S. Highway 160 near Tuba City (ABC15 08/05/2011). The latest on the investigation was that there were 2 motorcycle riders, who were fatally injured after being hit by a pick-up truck.

One of the main reasons why riders are often killed or fatally injured in motorcycle crashes is that motorcycles provide virtually no protection for their riders or passengers. Therefore, it is the riders’ prerogative to protect themselves.

In Arizona, there is no Universal Helmet law, and lawmakers should do this in the State to prevent fatal injuries, since helmets provide the best protection there is for a rider. Other safety precautions that one can do while riding a motorcycle are the following:

• Wear protective clothing while riding on a motorcycle, such as a long-sleeved top, pants, and shoes.
• When riding, always follow the rule of the road and ride safely and on the correct lane.
• Be watchful when in traffic; keep a safe distance from other vehicles.

If you or a loved one has been hit by another vehicle while riding in a motorcycle, you may call our Arizona Law Team for a free consultation at (480) 753-4534. We are Arizona motorcycle safety lawyers and we may be able to help.

Accidents involving motorcycles are sadly very common. The Centers for Disease Control and Prevention have stated that motorcycle deaths and injuries have become an important public health concern. The Insurance Institute for Highway Safety says that in 2009, motorcyclist deaths accounted for 13% of all motor vehicle crash deaths. Another vehicle is often involved in a motorcycle accident.

AZCentral recently reported about the trial of a truck driver who has been charged with killing 4 motorcyclists and injuring 5 others in 2010. At that time, police say that there was evidence of meth in his blood tests, as well as on the sobriety test given to him at the time of the accident. However, as he was taken to the witness stand, he had a different story. According to the truck driver, he did not take drugs at that time. Instead, he probably got that from some weight loss pills, which his roommate offered him to curb his appetite. He had recounted the events of the day and also said that the truck had problems with its brakes. The trial has been forwarded to the jury.

Driving while impaired poses a significantly dangerous situation not just to the driver, but to others as well. Impaired drivers have killed a lot of people over the years. It is estimated that a person dies every 48 minutes due to impaired drivers.

If you or a loved one has been injured in an impaired-driver accident in Arizona, you may call us for a free consultation at (520) 308-6762. We are Arizona personal injury lawyers and we may be able to help.

Motorcycles or scooters are more vulnerable to accidents on the roads because they are much smaller than cars. Even though wearing protective gear is a must, like a helmet, the body is still mostly unprotected. According to Arizona Crash Facts during 2009, motorcycles hit by small trucks accounted for2,229 injuries and 26 deaths.

In recent news, a mother and son suffered serious road injuries and were taken to the hospital after their scooter was hit by a pickup truck in Gold Canyon, Arizona, Saturday morning. Reports say that the woman was riding along with her 8-year-old son in the Cloudview Avenue area and Mohican Road when the pickup truck hit them. The scooter was coming straight forward when the driver of the truck failed to yield while making a left turn in front of it, dragging the mother and son five feet away off the road.

In 2009, a total of 78/3,029 or 2.58% accounted for drivers who failed to yield right-of-way. When on the road using a motorcycle or scooter, always be careful and wear protective gear at all times. Be extra careful especially when riding with a child. The child’s safety is always a priority.

If you or a loved one has been involved in an accident while riding a motorcycle in Arizona, there is free consultation. Just call these numbers: (602) 457-6222, or (480) 389-2463. You may also follow our Arizona Law Team Twitter account for valuable information and topics of interest.

Motorcycles are becoming popular with the public nowadays. With the recession, it is no wonder that people are starting to prefer economical rides such as the motorcycle. But because motorcycles are less stable than regular cars, they have become an important public health concern. The Insurance Institute for Highway Safety said that motorcyclist deaths comprised 13% of all motor vehicle crash deaths in the year 2009.

Serious head injury is the most common cause of death among fatally injured motorcyclists. Therefore, one of the precautions that motorcyclists should take is to learn to ride well.

Riding a motorcycle is not something that can easily be learned. Riding does not mean, simply riding in a sense. It means riding safely and following all the rules and safety guidelines while on the road. This means protecting the self primarily by wearing the right clothing and riding gear, and of course, a helmet.

In Arizona, there are classes that motorcyclists can take to improve their riding skills. These riding classes are important to the continuing education of riders on how to properly handle the motorcycles well. There are classes where they are taught skills in preventing accidents. Riders are also given tips on awareness and anticipation while riding.

Of course, for Arizona motorcyclist safety, it is also a must to practice riding a motorcycle before going out into traffic. It is good to practice braking, swerving and turning. All these skills will be used by the rider, in one way or another.

If you or a loved one has been injured while riding a motorcycle in Arizona, you may call us at (602) 457-6222 for a free consultation. We are Glendale motorcycle accident lawyers and we may be able to help.

Motorcycles have been around long enough for rules to be made in order to assure their safety as much as any other vehicle’s. Given this fact, it is shocking to find that in Arizona for the year 2009, 31.3 percent of all fatal car crashes were collisions involving motor vehicles. This translates to 222 fatal car crashes with motorists occurring that year. Given the current safety precautions and driving rules, a number of people’s lives were still taken by crashes occurring in the very same roads used by every Arizonian each day.

Last Monday in Scottsdale Arizona a man was killed after being thrown off his motorcycle due to a collision with an SUV. The man was 64 years old. He was driving his motorcycle along North Scottsdale Road and as he neared Grayhawk Drive, a woman who was 71 years of age was making a left turn in her Mercury SUV.

It was 4:30 in the afternoon and the motorcyclist was on his 2007 Honda Goldwing motorcycle when he was hit by the woman’s SUV after she did not yield to the vehicle. The elderly man was catapulted off his motorcycle and he hit the pavement while he was not wearing a helmet. He was transported by air to a local hospital and died after a short while later.

One of the first safety tips motorcyclists learn is to always wear a helmet. And surely, in a worst-case scenario after all the basic safety rules have somehow been broken, a helmet can be the only thing that stands between a motorcyclist and death.

If a loved one has been killed in a fatal motorcycle accident in Arizona, our compassionate Scottsdale motorcycle accident wrongful death lawyers would be glad to offer assistance and answer any questions you may have at (480) 389-2463.

The warm weather as well as the affordability of motorcycles has been steadily increasing the number of Arizona motorcycle riders on the streets. May is Motorcycle Safety Month, and so practicing safe riding is especially important. According to a motorcycle safety campaign it was estimated that in 2009, 4,462 motorcyclists were killed and an additional 90,000 motorcyclists were injured in accidents across the nation

In recent news, an ex-detention officer was sentenced to 10.5 years in prison for hitting a motorcycle and killing the driver in Goodyear. It was in October of 2010 when 27-year-old Adrian Salazar Guzman rear-ended a motorcycle while at a stop sign. The driver of the motorcycle, Alisha Marie Trejo, 27, was killed from the injuries she sustained. Guzman was reportedly drunk when the fatal Arizona motorcycle accident occurred. He pleaded guilty and received 10.5 years in prison.

Since summer is approaching, authorities are expecting more motorcyclists out on the roads. Authorities remind road users that motorcycles have the same rights and privileges as any other vehicle on the road. Motor vehicle drivers are also reminded to never drive, bike or walk while distracted or impaired. Also, because motorcycles are small, Arizona motorists should be aware of approaching motorcycles who suddenly increase or slow their speed. It is therefore advised that motor vehicle users allow 3 or 4 seconds following distance when following a motorcycle.

If you or a loved one has been the victim of an Arizona motorcycle accident injury, be aware of your options and legal rights. Call us for a free consultation at (602) 267-1280. We may be able to help.

Did you know that everyday 32 people in the United States die because of alcohol impaired driving accidents? In fact, the National Highway Traffic Safety Administration revealed that alcohol-impaired driving reached up to 30,797 cases in 2009. In the same year, NHTSA recorded 10,839 deaths involving drivers with blood alcohol concentration exceeding the legal limit of .08 – .32 percent.

We are aware that alcohol is also the primary reason of fatal car accidents in the United States. Drunk driving is a big concern in the country. Although statistics show that fatal DUI-related accidents have been steadily decreasing over years, the numbers could always be lower.

Every April, we highlight the need to prevent and treat alcohol-related related problems. Alcohol Awareness Month started in 1987 by the National Council on Alcoholism and Drug Dependence. It aims to raise awareness of alcohol abuse and encourage people to make healthy, safe choices. This is also the opportunity for communities to work together in educating everyone especially the children about the importance of being alcohol-free.

This month, let us all work together to further lessen the number of fatal car accidents due to impaired driving. Many of us have lost a friend or a loved one because of a careless and reckless driver. Arizona AAA usually offers a free “Tipsy Tow” during holidays for drivers who cannot avoid drinking and driving. There are also many other services for free or a small charge to get impaired drivers home without having to get behind the wheel. A small ride fee is nothing compared to a priceless life. Mothers Against Drunk Driving (MADD) is also a very well known group of people fighting to save more lives from drunk drivers every year.

Continue reading "Prevent Serious Injuries: April is Alcohol Awareness Month" »

Did you know that 8% of the American population admitted to impaired driving at least once in their lifetime? According to the National Highway Traffic Safety Statistics (NHTSA) 33,808 people nationwide died in traffic crashes in 2009. Approximately 32% of the fatalities were the result of alcohol-impaired driving. In 2009, about four people were killed in alcohol-impaired driving fatalities for every 100,000 Americans.

Also in 2009, 219 lives were lost in Arizona. Twenty two of those fatalities were people under the age of 21. NHTSA also reported that from 2008-2009, alcohol-impaired fatalities declined nationally and in 33 states. Alcohol-impaired fatalities involving drivers under the age of 21 also declined nationally in 25 states.

During the celebration of St. Patrick's Day on March 17th, AAA Arizona will offer free one-way rides for impaired drivers for up to 10 miles. The Tipsy Tow service will start at 6 p.m. Thursday, March 17 and continue until 6 a.m.. Friday, March 18. This is to help keep impaired drivers off the road and also to ensure a safe and fun evening for those that will be celebrating. Motorists will only be entitled for a free tow to their homes. For trips exceeding 10 miles, motorists will be charged with the standard towing rate. Tipsy Tow can be reached at 1-800-AAA-HELP (1-800-222-4357).

Other services such as a vehicle start, flat tire change, gas delivery and/or taxi service will not be provided to the motorists. However, motorists can request for free towing to a hotel only if they plan to become guests. We hope drivers take advantage of this service to help save innocent lives from impaired drivers.

NHTSA has reported that one out of three traffic-related fatalities were due to alcohol-impaired drivers. Since its launch in 2009, Tipsy Tow has aided a number of drivers in getting them to their destination safely.

Continue reading "Keeping Drunk Drivers Off the Road: AAA Tipsy Tow Free Service on St. Patrick's Day" »

Motorcycle crashes are considered to be some of the most fatal accidents in the United States. There is a much higher fatality rate per unit distance travelled as compared to automobiles. While there exists some safety equipment that can reduce the severity of injury, they are often cumbersome and uncomfortable, so not all riders choose to wear it.

In Arizona, riders have a choice to wear a helmet or not. The National Highway Traffic Safety Administration found that helmets are 37 percent effective in preventing head injuries (2006). In fact, 1,829 lives were saved by helmets in 2008 according to NHTSA.

Early morning at the end of January, another motorcycle and three other vehicles were involved in an collision on the westbound I-10 at Baseline Road (KPHO 01/24/2011). There were not many details available about the incident except that the motorcyclist who was part of the collision did not suffer severe or life-threatening injuries. It was not stated in the report if the motorcyclist was wearing a helmet or not.

While helmets do help prevent occurances of serious head injuries, they are unfortunately not foolproof. Actually, 56% of motorcyclists killed in crashes in 2009 were wearing helmets at the time of the collisions (Insurance Institute for Highway Safety).

Continue reading "Motorcycle Accident on I-10" »

Motorcycle riders are often times prone to dangers not being met by car drivers. In fact, recent statistics showed that motorcycles have higher fatality rate per unit distance travelled compared to automobiles.

Did you know that helmets are 37 percent effective in preventing fatal head injuries according to a study done by the National Highway Traffic Safety Administration (NHTSA) in 2006? CODES or the Crash Outcome Data Evaluation, stated that helmets can prevent brain injuries by 67 percent.

The alarming number of Phoenix motorcycle accidents continued to rise when two new victims of a motorcycle accident were sent to the hospital on New Year's Day. The riders were not wearing helmets and were identified to be a man and a woman in their 40s. The incident happened at 19th Avenue and Jomax Road when the victims failed to completely make the left turn and laid the bike down in the intersection (KPHO.com)

The woman acquired a broken arm due to the impact of the accident while the status of the man was unknown. Although the reason of the accident is still unclear, authorities suspect alcohol to have been a cause.

Helmets can protect and save lives, but in Arizona it is a choice for riders to wear one or not. NHTSA research has shown that 1,829 motorcycle riders were saved by helmets in 2008, and helmet usage has increased by 8 percent in 2009 compared to 2008. We hope all riders choose to ride as safely and as aware as possible, free of impairments and alert to all surrounding drivers and circumstances.

Continue reading "Phoenix Motorcycle Accident Leaves 2 Injured on New Year's Day" »

AAA estimates that almost 3 million people will be traveling between now and January 2nd (ABC 15 12/15/10). That’s a lot of people on the roads! With the roads becoming more crowded and everyone hustling about to get to their gatherings, it is important to always keep safety in mind to avoid serious injury during this busy time of year.

Can you believe travel in Arizona is up 3% from this time last year? Although the weather is fairly pleasant in the valley well into the winter months, sometimes drivers forget while traveling north the drastic decrease in temperature and the increase of precipitation.

For those of you unfamiliar with driving in snowy or icy conditions, we hope you will remember these few tips to stay safe and avoid serious accidents.

• When planning a long distance drive, please check your tire air pressure to avoid blow outs. Changing a tire on the side of the road could lead to a serious injury accident in poor visibility conditions such as snow, or due to a negligent drunk driver.
• Keep at least 500 feet between your vehicle and any snow plows on the road. Not only are they wider, but they have more blind spots than typical trucks, so they require a lot more room around them, also to account for the spraying snow and/or debris.
• Never get out of your car if you get stuck in the snow except to check to make sure the exhaust pipe is clear of snow and debris. If it gets clogged, you and your family could be at risk of deadly carbon monoxide poisoning.

Continue reading "Tips to Avoid Serious Injury during Peak Holiday Travel Times" »

What would you do? You are walking down the street with your friends or family and you see a car or motorcycle heading your way, fast.

For one Mesa teen, the answer was to push his friends out of the way and take the hit, leading to several injuries.

The fourteen year old suffered broken ribs, dislocated and broken jaw, missing teeth, and missing some of his tongue when he was hit by an out of control motorcycle on Tuesday afternoon (KPHO 10/21/10). He and his friends had been walking down the street when he spotted the motorcycle speeding out of control, so he pushed his friends out of the way and was hit by the bike, sending him seven feet into the air. It is not known yet if there are any citations for the motorcycle rider. The teen is recovering at Maricopa medical center and we wish this hometown hero a speedy recovery.

Children ages 14 and under and adults aged 65 and older are the two most at-risk groups for pedestrian accidents (Center for Disease Control and Prevention 6/17/10). Surprisingly, about 83% of child pedestrian fatalities are not at intersections, even though as parents, we stress the importance of crosswalk safety more than most other safety messages to our kids (Safe Kids USA 2009). Safe Kids USA has created a helpful video to share with children about the importance of pedestrian safety, you can check it out at: http://youtu.be/GPxZKI1mfpo.

Continue reading "Mesa Teen Injured after Saving Friends from Motorcycle’s Path" »

Everyday there is a new message out there about safe driving, often a reaction to a recent accident in which a driver wasn’t being so safe. As Arizona car accident attorneys, we appreciate all conscious efforts to improve everyone’s safety on the road, and encourage all drivers to be proactive in their daily commutes to make safer choices.

The Arizona Truckers Association and Department of Public Safety have teamed up this week to launch Operation Safe Driver across the state (ABC 15 10/19/10). Large trucks present dangers on the road for other drivers, sometimes weighing up to 8,000 pounds and traveling at speeds of 75 miles an hour or faster. Police officers around the valley will be starting a “crackdown” this week of aggressive car and truck drivers who speed or follow too closely, as well as trucks with safety equipment violations.

Are you an aggressive driver? Ask yourself these questions:
• Do you multitask while driving by eating, talking, or reading?
• Do you tailgate?
• Do you change lanes frequently?
• Do you run red lights?
• Do you drive over the speed limit?

If you are guilty of at least one of the above 5 questions, you could have aggressive driver tendencies. To combat the symptoms before it turns into an accident, try to leave extra time when you are traveling somewhere, plan alternative routes in case of traffic, use public transportation, or just embrace your tardiness—it’s better you get there late than in an ambulance or not at all.

Continue reading "Operation Safe Driver Week in Arizona" »

With all the accidents on the news everyday, it is no wonder that drivers are feeling more uncomfortable while driving on Arizona’s roads. There are so many distractions and threats to face while driving that take drivers’ focus off the road. As Arizona car accident attorneys, we encourage drivers to remove as many distractions as possible from them while in the car to commit all their attention on the road.

A survey done by AAA Arizona found that 52% of drivers feel less safe on the roads than they did five years ago (ABC 15 9/27/10). Inspired by the seeming increase in distracted driving, the study moved to illustrate how prevalent the practice actually is.

92% of drivers surveys said texting while driving was unacceptable but 1 in 4 of those drivers still do it.

Why drivers text if they know the danger of it is a question that may never be answered, but the dangers can easily be avoided by waiting to read or answer a text until you are off the road. Phoenix is the only city in Arizona that has a ban on texting while driving, and AAA is calling for more cities to follow suit. However, another recent study found that texting bans may actually increase the number of accidents due to drivers trying to hide the texting from police.

Continue reading "52% of Arizona Drivers Feel Less Safe on the Roads" »

Motorcycle riders have found a near paradise in Arizona. With over 300 sunny days a year, combined with cool mornings and evenings, Arizona has great riding weather. Unfortunately the nice, clear weather does not mean fewer motorcycle accidents. As Arizona motorcycle accident attorneys, we hope all drivers are aware of their surroundings and share the road with bikes.

On Tuesday morning, a motorcycle rear-ended an SUV and was ejected from the bike (ABC 15 9/21/10). He was pronounced dead at the hospital. The rider had been wearing a helmet but authorities are investigating as to whether or not it was secured properly. The cause of the accident is not yet known at this time. Our thoughts go out to the rider’s family.

The dangers of motorcycle riding are well known. There are some safety precautions that some riders take before taking off for a ride. In Arizona, licensed motorcycle drivers over 18 are not required to wear a helmet. However, there is a hidden precedent/case law regarding helmet usage that frequently leads to denied compensation for riders injured in an accident. Negligent drivers can get out of paying for damages or medical bills if the motorcyclist’s injuries could have been prevented by wearing a helmet. Even though the law does not mandate helmets be worn, riders can get punished for their choice in the event of an accident.

Continue reading "Phoenix Motorcycle Accident Kills One" »

As Arizona motorcycle accident attorneys and sports fanatics ourselves, we were relieved to hear that Iowa Hawkeyes football player, Josh Koeppel, was not seriously injured in a recent accident he had with a truck. The Associated Press reported that Koeppel with struck by a truck while riding his scooter on his way to class (Meredith 2010). A viral video of the accident has spread across the internet showing Koeppel unharmed after the sudden incident.

Koeppel was lucky, especially because he wasn’t wearing a helmet. Many motorcyclists do not face such a harmless outcome after an accident. Helmets prevent serious brain injuries in the event of an accident. Wearing body armor also lessens the extent of injuries sustained in a motorcycle accident, but many riders do not wear such protective devices.

Although helmets are not technically required in the state of Arizona, having one and choosing not to wear it may reduce the amount of compensation you would receive should you have an accident. If the injuries could have been prevented if the rider wore an available helmet, the other driver may have less responsibility to pay resulting medical bills. It is more beneficial to the rider to wear a helmet than to not.

Continue reading "Truck Accident Leaves Football Player Unharmed" »

In Arizona over this past Labor Day weekend, an amplified effort by state officers arrested over 1,700 people for driving under the influence (Arizona Republic 9/6/10). As Arizona personal injury lawyers, we thank the officers for their hard work to make the roads safer for us all this past weekend and appreciate their continued efforts.

Driving under the influence is a very serious offense as it puts all others on the road in danger. It is important as a safe driver to always be aware of the signs of impaired driving, such as excessive speeding, impulsive braking, and exaggerated turns.

Drivers who are impaired are potentially subject to punitive damages as well. Punitive damages allow victims to collect damages against the negligent party above and beyond compensatory damages. Punitive damages are meant to punish the wrongdoer. To collect for punitive damages there are certain elements that must be met in a court of law including showing that the wrongdoer acted with an "evil hand and evil mind."

Continue reading "Labor Day Brings Increased Number of DUI Arrests" »

As car accident lawyers we received many calls each day seeking advice regarding auto accidents. Many times we are told that the caller asked the insurance adjuster what they should do in terms of handling the case on their own or if they should contact a lawyer. It is the job of the insurance adjuster to give out as little as money as possible. Everyone should remember this. This is not to say that all cases do need a lawyer just it is our advice that all people should consult with a lawyer. Or, I should say that you should not be looking to an insurance adjuster for legal advice.

Insurance companies deter people from seeking help from a lawyer and many times scold them for thinking about hiring a lawyer. Think about it why would an insurance adjuster be so adamant in a claimant not hiring a lawyer. The insurance adjuster wants to prolong as long as possible for the claimant to hire a lawyer.

Insurance companies use every strategy to make sure you don’t receive the fair settlement that you deserve. It has been statistically documented from an insurance company investigation that you have a higher chance of reaching a higher settlement when you hire an attorney. For these reasons, it is important to hire an Arizona personal injury lawyer to advice you in the steps you need to take to receive your full compensation from your insurance company. Investigations by insurance companies have shown that claimants with a lawyer receive higher than a third more than claimants who are not represented. Typically attorneys charge a one third contingency fee agreement. That means that attorneys earn more than their fee and that ultimately the client ends up with more money. This does not even include the liens that attorneys negotiate for clients which puts even more money in their pocket.

If you have been hurt in an Arizona car accident, you can feel free to call us for a free consultation or you can read our Arizona car accident book, The 13 Biggest Mistakes Than Can Destroy Your Injury Claim. We detail the 13 ways that you must be careful not to destroy your claim. We do all the work for you by providing the do’s and don’ts for tackling your accident claim. And best of all, it’s free! Remember, Mark is a certified specialist in injury and wrongful death law and there are only 2% of attorneys in the Valley who are considered experts by the State Bar of Arizona. It is important not only to talk to an attorney but to choose someone who is knowledgeable and will have the correct answers for you.

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.

Continue reading "Mesa personal injury lawyers - Mesa Arizona - 3707 E. Southern Avenue, Mesa Arizona 85206" »

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.

Mesa car accidents happen every day but they do not happen every day where they are intentional. Today I got a call from a man who sits on a homeowners association board and a homeowner ran him over with his vehicle. This type of behavior is astonishing. The caller wanted to know what was the best way that he could proceed.

Under motor vehicle law in Arizona, there is a big difference between intentional acts and criminal acts. In fact this is probably true with most civil cases in terms of whether or not insurance will cover. Of course, you can pursue the negligent person whether or not there is insurance, but typically when an Arizona lawyer is involved it is because they are going after an insurance policy.

A lot of what an attorney does is find different policies when someone is seriously injured from a motor vehicle accident in Arizona. Above that, attorneys also negotiates liens, talks with doctors, requests specific reports, preserves evidence, and deals with insurance companies who treat people unfairly.

Many people do not realize as well that the prosecutor actually has the say so in whether or not a person gets pursued criminally. The victim has no say in whether or not the prosecutor initiates criminal charges against the perpetrator. With that being said, we still always recommend that the injured person call the prosecutor to let the prosecutor know that they were injured.

You do have to remember though as a victim person if the person who hurt you is found to be criminally negligent that may void out any liability on the part of their insurance company paying. Most insurance policies say that they will only pay for negligent acts not purposeful and intentional acts. Therefore, when you are injured you will have to decide whether their act was negligent or whether it was intentional. Typically the cases that we deal with, the acts are negligent and therefore we can recover the monies from the insurance. Even when it has to do with an assault many times, the act is still negligent even though the person might have swung a fist or something like that. The reason it is still considered negligent under the law is that someone might swing a fist to hit another person, for example, but they do not intend to hurt the person seriously. That is, it is all about the person’s intent.

In this particular case it does appear that the person who hit the man with their vehicle was doing so with intent to hurt but even then it is hard to say without getting more evidence.
Our office serves all of Arizona.

We are known as The Husband And Wife Law team and we handle car accidents in Mesa and are motor vehicle accident attorneys in Arizona. We also handle motorcycle accidents throughout the Valley as well. We have an office located in Mesa for motor vehicle auto accident victims so that they have easy access to come to our office.

We also have an office located in the east valley in the Chandler, Ahwatukee, Tempe, area that is closer for people who have been in an accident in these areas in the easy valley, such as Ahwatukee, Chandler, Tempe, Maricopa. We started as Ahwatukee car accident lawyers in 1996. Our first office was in Ahwatukee.

We still have an office currently in Ahwatukee as well. Insurance adjusters know that we are car accident lawyers in Chandler and car accident lawyers in Tempe as well. Our Ahwatukee office is just a few minutes from Chandler and Tempe Arizona. If one of our offices is not close to you or near you and you are seriously injured, we are able to visit you in the hospital or come to your home as we understand that when you are seriously injured because of an accident it is difficult to come see a lawyer.

Many of the cases we accept are in the Glendale area as well. As Glendale car accident lawyers, we receive many calls each day from people on the west side who have been injured. As lawyers in Avondale who handle car accidents in Avondale Arizona we have help a lot of people in this part of the west side as well. We do have an office in Avondale Arizona and can meet people there if they live close to this area and this is more convenient. Peoria car accident lawyers and Sun City car accident lawyers we are available as well to help people who live in this area of Arizona. Recognized through out the Valley as Arizona car accident lawyers, we also help people in Scottsdale, Phoenix, Paradise Valley and Fountain Hills.

Although there are a lot of Arizona car accident lawyers, Mark has received recognition for Top 100 Trial Lawyers in Arizona and has received top ranking from Martindale-Hubbell which is a renowned legal source for more than 100 years. There are also many Scottsdale car accident lawyers and we are available to help those who have been injured in an auto accident in Scottsdale as well as all the other cities listed above. We are not near Bullhead City, but we still consider ourselves Bullhead City car accident lawyers, as we have clients who have been injured in Bullhead City.

Many clients who are injured in Bullhead city are brought to Vegas Hospitals. We have visited clients in the Vegas hospitals before. If you believe that you need an accident attorney to protect you, give us a call even if you have been hurt in Bullhead City. Do not let the distance from Phoenix scare you as we can still come to you. There are many car accidents in Gilbert as well. Our Mesa office is located near Gilbert so as Gilbert car accident lawyers we are still able to help protect your rights as well.

Remember when you are looking for an attorney, you are not going to spend a lot of time in your attorney’s office regarding your car accident claim. The most time you will spend is the initial visit and then after that you will mostly have telephone appointments. Certainly, for our office we encourage clients to call and come by but it is not necessary.

It is most important you pick an excellent lawyer that you have trust in and know that those Arizona injury lawyers will do a great job for you rather than pick an auto accident attorney just because they are a few minutes from your house. The outcome of a personal injury claim can be life changing so it is very important that you feel very comfortable with your injury lawyer and that you trust that you have made a great decision when you hire the attorney.

Mesa car accidents often result in drivers and passengers being seriously injured in auto accidents. Many car crashes often result in the wrongful death of an innocent person by the negligent of another driver.

When you or your loved one is involved in a serious car accident in Mesa Arizona it is important to consult with an experienced lawyer. Mark Breyer has top rating by Martindale-Hubbell, a renowned lawyer source for more than 100 years. He also has top ranking from AVVO, a legal ranking company. Mark has recently received an award by ATLA for Top Trial Lawyers In Arizona. Mark also is an expert in injury and wrongful death law as certified by the State Bar of Arizona.

The State Bar of Arizona has certified less than 2% of attorneys in the Valley, including auto accident lawyers in Mesa, Arizona. To be certified as an expert in injury and wrongful death law by the State Bar of Arizona you must show high qualifications, pass an exam, receive ratings by Judges and other attorneys in Arizona, as well as show the requisite amount of trial experience and cases handled in injury and wrongful death law.

As The Husband And Wife Law Team and car accident lawyers in Mesa, Arizona, we pride ourselves as giving our clients the Breyer Law Experience. All our clients receive top notch legal service as you would expect from a certified specialist as well as the client service that they deserve. We offer a no fee guarantee for all cases that we accept. We only handle serious injury and wrongful death claims but can help you if you call and set you in the right direction.

Unlike most law offices, even if we cannot help you we will try to find an attorney that can help you or give you a free consultation on your claim. We also have an injury book that we offer free to all Arizona residents. We do not charge a fee unless we settled your claim and we advance all costs. We have the resources necessary to hire the best experts and process all of our cases to the fullest to receive the best settlement. Call us anytime. We are here to help. Call Now!

Mesa auto accidents and motorcycle accidents happen every day. We currently have an office in Mesa, Arizona but we also have offices throughout Arizona. We serve clients Statewide. As Accident lawyers in Mesa and in Arizona, we began our law practice in 1996. We originally began our office in Ahwatukee, Arizona. Our office has grown because of our successes. We however still stay true to our original concept when beginning our office, which is to give the best client service with the best legal service as well.

Whether you are involved in a car accident in Mesa, Arizona or anywhere throughout the Valley, we are able to help you. We do not just hand off your automobile or motorcycle case to an associate or a paralegal, we take the lead in the case and always speak with our clients. Of course, we have excellent experienced paralegals that we work with but when you need to talk to a lawyer, you will speak to us and not have trouble reaching us.

As attorneys who practice injury and wrongful death law in Arizona, Mark Breyer is a certified specialist by the State Bar of Arizona. This signifies that the State Bar of Arizona has certified him as a specialist and expert in Arizona injury and wrongful death law. Auto accident lawyers in Mesa Arizona can help injured victims get their fair compensation. Less than 2% of attorneys in all of Arizona, not just car accident lawyers in Mesa, Arizona are certified specialists in injury and wrongful death law. Therefore, this is an amazing accomplishment by Mark. It shows the success that we have had but more than that it is a testament by Judges and other attorneys around the Valley that Mark is a competent lawyer who has the trial experience and experience to handle injury and wrongful death claims.

If you have been injured in an accident in Mesa, Arizona or just have questions please do not hesitate to give us a call. Although we are selective in the injury and wrongful death cases that we are able to handle, we will give you advice and point you in the right direction.

We serve all of Mesa Arizona and all cities statewide in Arizona. We handle car accident claims in Mesa and if you are unable to come to our office in Mesa we can come to your hospital or to your home. We recognize that when you are seriously injured it is difficult to come to an attorney’s office.

We offer a no fee guarantee and you can reach us 24/7. Feel free to call anytime. We are here to help and you can rely on the "Husband And Wife Law Team."

After an Arizona car accident, whether it be in Mesa, Chandler, Tempe, Maricopa, Apache Junction, Scottsdale, Glendale, Sun City or any other place in Arizona you must file a claim with the adverse party, and I (Alexis) recommend that you file a claim with your own insurance as well.

I have had many people through the years call me after their statute of limitations has run for their Arizona car accident only to learn that filing a claim is not the same as filing a lawsuit. Filing a claim for an auto accident means that you talk to the insurance company, given them all the information, and let them know that you were injured in the auto accident. Usually, the insurance adjuster will call you for status of your medical care or they may discuss your claim with you. As I always say, it is important to remember that the insurance adjuster is not your friend. This is an adversarial relationship. You want what is best for you and the insurance company wants what is best for them. What is best for the insurance company? To settle a case for as little as possible.

Filing a claim is just that – talking to the insurance company. There are many different statutes of limitations. The statute depends on the type of claim. Some car accidents have a 180 day statute of limitation, some a 1 year statute of limitation and some a 2 year statute of limitation. For other injuries the statutes can vary as well. When a minor is involved the statutes can differ also. It is important to always consult with a lawyer to make sure you at least get an evaluation of your deadlines for your case.

If you are simply negotiating with the insurance adjuster and the statute is arising, it does not matter. You have to file a lawsuit or settle the claim before the statute of limitations. If you are negotiating and the statute is coming up, it does not matter. Negotiating with an insurance adjuster on a car accident claim does not stop your obligations from dealing with the statute of limitations.

Under the law, a person who makes an injury claim in Arizona is held to the standard of knowing all the laws. It is not enough to say as someone recently did when they called me that they were not aware of it. The person who called said no one warned her of the statute and she didn’t know. Unfortunately, this is not a defense to missing a statute of limitations.

Technically based on the Department of Insurance, an insurance adjuster is supposed to tell you the statute of limitations, but many times they tell you in a letter immediately following the auto accident in Arizona so people do not really understand what this letter means. Also, the problem is that even if the adjuster or insurance company does not tell the person who was injured in the car accident in Arizona, there really is no recourse against the insurance company as there is no legal punishment for the adjuster. Therefore, the bottom line is do not rely on the insurance adjuster to tell you what your statute of limitations are for your case. The truth is many times the adjusters don’t even know so once they hand the file over to an attorney, the attorney might make a legal argument that the adjuster did not even know about.

Filing a lawsuit is where you actually have papers that are filed with the Court. This is the only way to preserve and protect your claim in regards to the statute of limitations. You can file a lawsuit and not continue with it, but it is necessary to continue negotiations to show the adjuster that you have filed the lawsuit. When filing a lawsuit, it requires a fee, a cover sheet, a summons, and what is called a certificate of compulsory arbitration. These documents all need to be filed with the clerk and when filed the clerk will stamp them and give the case a number. This is the number an adjuster will be looking for once the statute of limitations date passes.

If you have any questions about your statute of limitations and want a deadline review of your case, feel free to call our office.

Mesa Car Accident Lawyers is part of what we are. We actually serve the entire Valley. I focus on Mesa in this blog because I received several calls today asking where our law office was in Arizona. So there you go. The above is our address. We have other offices through out the Valley so if you have any questions just let us know.

Do you know what a certified specialist in injury and wrongful death law means? In short, the State Bar of Arizona awards certain lawyers as being a certified specialist in the area of injury and wrongful death law when they have proven that they have had ample trial experience, recommendations from Judges and other lawyers in Arizona, as well as passing a specialist exam. Also, certified specialists do not maintain there specialist certification forever. They have to reapply and continuously show that they are litigating cases and have an active practice in personal injury law. To find about more about the qualifications of a lawyer being awarded a certified specialist distinction visit the Arizona State Bar. There are only about 2% of Arizona attorneys who are considered specialists by the State Bar of Arizona. In fact, if you are not a specialist you are not considered an expert by the State Bar.

Mark Breyer of the Husband and Wife Law Team is a certified specialist in injury and wrongful death law. It is a great accomplishment and a testament to our successes! If you have been involved in an auto accident in Mesa or anywhere in Arizona do not hesitate to give us a call. We help injured victims and are injury lawyers in Mesa and we also help individuals throughout the State of Arizona. To find out more about our office, call for a free consultation or visit our website.

An Arizona car accident occurred in 2006. It involved a young girl who had just turned 18 years old and another driver, who had run a read light. As car accident lawyers in Mesa, Chandler, Avondale, Peoria, Tempe, Ahwatukee, Scottsdale, Glendale, Sun City, Phoenix, and as you know we serve injured victims through out the Valley - many of the claims we handle deal are with drivers running a red light. Running a red light causes many car accidents in Arizona. In fact I have never done the statistics of our own cases in terms of what types of car accidents cause the most claims in our office, but off the top of my head I would probably say running red lights and failure to yields. Of course, car accidents in Arizona come in all sorts of ways.

So back to the story. A young girl is driving. An innocent driver when all of a sudden she is stuck by a driver who has not only run a red light but is totally drunk. The police come to the scene of the accident. Luckily some witnesses stay, but most of the people who witnessed the car accident in Arizona left the scene. As a side note, if you ever do witness a car accident it is so vital to stop and let the police know. We have had many cases where the driver says he had a green light or did not fail to yield, whatever the case may be, basically where the driver at fault denied liability, and if it were not for a witness the police would not deem anyone at fault. Regardless of what the police determine, as personal injury lawyers in Arizona, it is a lot harder to prove fault when a driver does not admit they are at fault and there are no witnesses. At that point sometimes, it can become a he said-she said dispute in proving who is at fault for the auto accident. That is when accident reconstructionist experts and other experts come into play to prove to a jury or judge that our client was not at fault.

The police are at the scene of the auto crash in Arizona and the young girl is seriously injured. She cannot get out of the vehicle. She is trapped in the vehicle. She is in serious pain. She will face many surgeries and as much as physical pain she will undergo just as much, if not more, emotional pain, from dealing with all the physical injuries. Meanwhile, the drunk driver gets taken away from the scene. He at least admits fault, of course, he is drunk. He is taken into custody. Both vehicles are towed from the scene and the young girl gets taken by ambulance to the hospital to face all her surgeries while the drunk gets taken to prison. Prison, a place he had already been and should have stayed from causing other car accidents in Arizona.

The injured girl’s vehicle is taken care of. Her parents called the insurance company and ultimately the vehicle was totaled. It didn’t really matter because the girl would not be able to walk for many months but at least the vehicle was not sitting in storage and accumulating charges against the injured victim.

The parents talk to their daughter and tell her to hire a lawyer. They explain to her that she needs to be protected. She has a high amount of medical bills and had no surgery. The daughter tells her parents that she is not ready to file a claim. She tells them emotionally it is all just too much and she doesn’t want to deal with it. The parents do everything they can to convince her to hire an injury attorney but since the daughter is 18 it is ultimately her decision as she is not a minor. The daughter says she doesn’t want to talk to an accident lawyer in Arizona because she has already talked to the prosecutor and it is all taken care of so she is set. The parents again plead to have her just consult a lawyer but she refused. Eventually, the parents give up and all through the while they have continued to support their daughter.

Fast forward four years. The girl still cannot walk like she used to. She has been through multiple surgeries. Emotionally she is a mess but much better than she was at the time of the car accident. It just took her a long time to get back to her emotionally stable point. Now she is ready to consult with an Arizona personal injury lawyer. Now she wants justice.

She decides to call an injury and wrongful death lawyer in Phoenix and guess what she reaches our office. She asks can she pursue a claim. She is crying through out the conversation because it is still emotional for her, as would be expected. When I tell her that it is too late she is shocked. How can it be too late? She tells me the prosecutor told her that the prosecutor was pursuing her claim for her. I go over the statute of limitations for car accidents in Arizona with her and try to see if there is any way that the statute could not have passed. There is simply no way. She could have hired a lawyer. She could have got to the Court house to file a claim. She was not a minor. She herself had no insurance so it was not a matter of underinsured just the claim against the adverse driver for causing the collision in Arizona. Such sad news to tell someone that now when they are ready to pursue justice, they cannot because they waited too long. That her parents were right – nothing a daughter wants to hear. I know as a parent myself those are the last words kids want to hear – that their parents were right!

Anyways, as an injury lawyer in Arizona, I bring this scenario to everyone’s attention because it is a perfect example why all injury victims should consult with Arizona personal injury lawyers. This girl has been misled or mistakenly understood that the prosecutor was filing the claim for her. She was unaware of the statute of limitations and now sits with thousands and thousands of dollars of medical bills because she did not simply talk to an injury lawyer. I do commend her for focusing on her emotional pain and doing everything she could to heal and not having that feeling of running out to get a lawyer. The thing is because of the adversary relationship with injured victims and insurance companies, in order to protect yourself as an injured victim of a car crash in Arizona it is necessary to seek a consultation with an injury lawyer. This is my attempt at letting everyone know the important of just consulting with a lawyer, especially after a serious car accident. Also, for all those claimants out there that think the prosecutor is filing your claim – almost always that is not correct. Prosecutors handle criminal investigations and matters, and yes it is true that they will prosecute the drunk driver for the injured victim. When it comes to a civil case against the driver though for pain and suffering that is what a personal injury lawyer in Arizona handles.

Arizona car accidents often cause people to be unable to return to work. This blog post focuses on getting lost wages paid for when you have been hurt in an accident in Arizona.

Some people are able to return light duty, some people cannot return for a long time to their original occupation, and some will never be able to return to their occupation at the time of the accident. So what happens when you have a situation where you have been injured from a car accident, motorcycle accident, trucking accident, or maybe even as a bicyclists or pedestrian. How do you make sure that you get your lost wages paid for and how does it work with the legal system in Arizona?

Many times after an auto accident if a person is in the hospital obviously they cannot work. There are different levels of injuries and different levels of not being able to work. Although we only handle seriously injury and wrongful death claims in Arizona, we still like to inform everyone if their rights and how to make sure they are protecting themselves. As a reminder, if any one at any time ever has questions on any type of claim, even if it doesn’t have to do with a car accident or motor vehicle accident injury, still feel free to call our office.

If you are in the hospital and are discharged make sure that the doctor gives you a note to remain off of work. The note should indicate that because of the accident you are unable to work and also should indicate what date you can return to work. Once you get discharged from the hospital, you should follow up with your family doctor and if that doctor also thinks you cannot work, have that doctor write another note. If the doctor thinks you have to stay out of work longer, then the doctor should write a new note with new dates to remain off of work.

At the same time, you will need to get a note from your employer that indicates your job responsibility, your job position, hw long you have been employed, and how many days you were out of work. Also, should be included your pay rate and number of hours worked each week. This scenario is for someone who is hurt but can go back to their job responsibilities. For however long if you are able to go back to your job responsibilities you must get continued note. Of course, if you have an Arizona personal injury lawyer they would get these documents for you.

If you get discharged from the hospital and can return light duty, a different type of note is necessary but still a note from the doctor and your employer. The note from the doctor will indicate you can return to work light duty and what limitations you have when working. The note from the employer will indicate what job responsibilities you could not do or at the very least that you were on light duty.

If you get discharged from the hospital and your injuries are such that you will never be able to do your job then as injury lawyers in Arizona we look to different things. I should say that the reason an injury victim needs to get all of this lost wage documentation is not because lawyers want it, it is because of the auto insurance carriers. If a victim does not have all of this information, the insurance adjuster will deny the lost wages. Also, many times a Judge will not let certain evidence into trial if the lawyer does not have the documentation to show the jury.

If it were up to Arizona injury lawyers, we would just have the doctor testify or the injured victim testify with maybe a note from work, but unfortunately that is not an option with insurance companies, and if a case cannot settle, not an option with a Judge and the rules of evidence in an Arizona court of law. I (Alexis) tell many people when we meet with them that in many cases it is like getting a permission slip as if you were in high school. I mean do you really need a lost wage note from a doctor when you are on crutches and you are say a truck driver and can’t drive. One would not think so but our legal system and the adversarial system with insurance companies makes this the case.

Back to the scenarios, if you are never able to return to your job occupation again, then a vocation expert will be required to be hired to prove what your lost wages will be over the course of your life time. When someone is killed because of a motor vehicle accident, a similar expert and lost wage evaluation would be completed. For people who cannot return to their job may be able to get reeducated in a different field. Some people may be able to find another occupation but will make less money in which case a different kind of expert could calculate the difference in lost wages. Some people may never be able to work again at any job in which case the calculations would be based on total loss of earnings.

No matter what the case all along it is necessary to get specific documentation from the doctor and employer. There are cases when an injury case is in litigation that instead of having this documentation a doctor could testify to the lost wage claim and the employer could testify to the loss of hours and wages or inability to perform the job responsibilities. Many times however in order to collect on the claim, as lawyers we need this documentation – again, all because of the adversarial position.

Some of the time this makes sense. Other times I think it makes not sense at all. If an injured person is in the hospital clearly they cannot work. What about doctor’s appointments, clearly you have to take time off from work and lost out on wages. Even if you get vacation pay this is still time off from work or benefits that the insurance company is responsible to pay.

This is a small glimpse into the documentation that one needs when proving a lost wages claim. An accident lawyer spends much time just making sure that all of the documentation is in the file and that as the months go by supplemental documentation is added as that is what is necessary to show the insurance company and jury maybe one day. Of course, there are some adjuster and some juries who do put all the pieces together but most of the time especially when the defense counsel is arguing that the plaintiff does not have the evidence, it is most beneficial and most successful for a case to have the documentation.

Arizona car accidents hurt innocent people every day. Our Arizona Accident Book details the legal system for people who have injury claims in Arizona. As Arizona personal injury lawyers and since our practice is limited to only very serious injury and wrongful death claims we thought we would put information in a book to help others. Even those who need a lawyer, the book helps them understand more about the legal system, the adversarial relationship with the insurance adjuster, and the 13 biggest mistakes that can destroy your Arizona Accident Claim.

Arizona Injury Book - FREE

The reason I bring up our Arizona Injury Book is because I got a call this week from a man who was very seriously injured in a car accident. The car accident had happened about a month ago. Nothing had been done with his vehicle. He was self employed and was unable to go back to work. The adverse insurance company was not calling him back. His daughter had ordered him a copy of our book and had given it to him. It was obvious that he never read it though because he had already given a recorded statement to the adverse insurance company, which is something you shouldn’t do! He had not got a lost wage statement from his doctor, which is necessary to collect lost wages! He had left the car at the tow yard and an abandoned title had been applied for by the tow yard and the tow yard was requesting almost a thousand dollars in storage fees.

If you don't know the answers to these questions think what this means

I asked him some further questions about his own insurance. Did he know if he had medical coverage? Did he know how to handle Medicare? He was on Medicare and with Medicare you need to get a conditional lien amount – and then a final lien amount – to settle your claim. He had no idea about this – Of course, he didn’t he’s not a lawyer. He didn’t know that he could use his underinsured from his two different automobile policies. He had another separate auto policy that did not have underinsured on it and he didn’t know that the insurance company is required to have a person sign off on different documents and that he might be able to get more underinsured coverage. Of course, he didn’t know this either because he’s not a lawyer and knows nothing about insurance coverage.

Lawyers know how to look for additional coverage

Most importantly, the adverse driver was in on a cell phone for what appeared to be a work related call. This means that the company insurance may apply even if the adverse driver was not in his own vehicle.

At the end of the conversation, the man was still convinced that he could handle the Arizona car accident claim on his own. This is what I don’t understand. This man had a life changing very serious injury. He should be protected and will have no idea how to protect himself. Maybe it is that some people still feel bad hiring an attorney for a car accident claim. Maybe that is it. I have talked to some people who have said that they felt bad hiring a lawyer or that it was something that they did not feel comfortable doing. Some people have told me that for religious reasons they felt like they could not file a claim against someone who caused the accident.

I respect everyone’s opinions and it is an individual choice for each auto accident, motorcycle accident, pedestrian accident, trucking accident, whatever the motor vehicle accident or any other injury victim for that matter – it is their individual decision what to do. I just think that when you are seriously injured or have a loved one who has been killed by the negligence of another individual that it is necessary to consult a lawyer in depth to find out all your rights. Some car accident cases do not require a lawyer. But other cases do require a lawyer. We all pay for car insurance. Many of us pay thousands of dollars each year for car insurance. So shouldn’t we all be protected if we are injured to make sure that the car insurance company pays the most that they have to. Why should as a victim if you lose wages you want to give the insurance company an advantage to not have to pay everything that they are entitled to?

As I got off the phone with this man who was confident that he could handle his case on his own, I reminded him to go read the book. At least if he was not going to hire a lawyer, he could get some pointers on what not to do. His son was smart to order the book and his son understands that there are a lot of dynamics to an injury claim that lay people do not know. If you are in a small car crash and the injuries are not too significant then even though you may do better with a lawyer, ultimately it is not a life changing amount of money so it does not have as big of an impact.

Serious injuries from a motor vehicle accident

When you are seriously injured from a car accident though and have injuries that are permanent, or excessive lost wages, or excessive medical bills, there is simply too much to lose by trying to handle a claim on your own. At least that is my opinion. Of course, I see insurance companies day in and day out deny claims to people who tried to handle it on their own so I come from a completely different perspective. I know that insurance adjusters on not on the injured victims side and we try to get this point across to victims, but at least on a positive note many people still have trust in others. I guess in that way these people are to be commended because they trust that others will look out for them and do the right thing even when it is an adversarial position.

Insurance adjusters are not your friend

The simple fact is an insurance adjuster is not going to point out that they have more coverage, is not going to tell you to get a lost wage note, is not going to tell you the ramifications of leaving your car in storage, is not going to tell you that you may have additional underinsured coverage, is not going to inform you that the person driving might have a company policy because they were on the phone and the list goes on. Bottom line, when you are in a car accident it is an adversarial situation and as a victim it is in your best interest to be protected.

Arizona car accidents are happening all over the Valley. I received a call yesterday from a sister whose brother had been seriously hurt in a motor vehicle accident about 15 months prior. The brother had been T-boned by another vehicle and was taken by ambulance to the hospital. Since the time of the accident, the brother was not able to work because of the injury. The brother had ordered a copy of our book and was calling for more information.

Our Arizona Accident book was actually written to provide people with information. Many people are unaware as to how the claims process works so we just wanted to give people more information on what happened when you are involved in a personal injury claim in Arizona. The book does not just go over car accidents, but many other injury claims as well. The book is not meant to be in place of a lawyer or a consultation with a lawyer but was just meant to let people know how insurance adjusters process claims and what mistakes to look out for. The book talks about the 13 biggest mistakes that people make in pursuing their claim. When I got off the phone with the sister she told me that her brother had fallen trap to a few of the mistakes we had talked about in the book. Needless to say we may still be able to help the brother, but the brother has to call so we can go over more details.

In any case, the reason I bring this up is what I have noticed more and more is that our book does not just give people information about our legal system and dealing with adjusters but in explaining the legal system it seems to explain to people why it is OK to file a claim. Many people who call our office at first felt guilty about filing a claim for an injury out of a car accident or motorcycle accident in Arizona or any other personal injury claim. After they read our book, even the most religious, tell us that they are really glad they read the book because they have a better understanding of the legal system in Arizona and also understand that it is OK to file a claim and it does not make a person a bad person to file a claim. This is what our legal system is all about. Further, this is why we all buy insurance. Lastly, in filing a claim you let the person or company know that they need to stop the behavior or fix the behavior and make it right so that no one else gets hurt.

Not all claims are legitimate. We certainly recognize this. Not all claims are worth pursuing. Not all injuries are serious. For those people who have sustained serious injury remember that people pay for insurance in case they hurt someone by accident. Also, the only way a person or company will drive safer or put steps in place to hire safe drivers or other reasons that accidents are caused is if the people or families of the injured people stand up for their rights and let the negligent people know that they were hurt and that they need to make whole as much as possible the injured person. If people do not stand up to the person or company who caused the harm then other people will continue to get hurt.

Our recommendation is not that all people file a claim or file a lawsuit, but that all injured people talk to an Arizona personal injury lawyer and go over their options to make sure that their legal rights are protected. Most injury lawyers in Phoenix, and all over the Valley include Ahwatukee, Glendale, Chandler, Tempe, Apache Junction, Scottsdale, Maricopa, Laveen, South Phoenix, Avondale, Sun City – did I miss any where? We get calls from all over the Valley even Tucson so I want to let every one know that most Arizona injury lawyer, certainly our office, offer free consultation and a no fee guarantee where we will review your case – especially it is important to review your deadlines for your case – and let you know what you have to do to make sure your rights are protected. It is my goal by this blog entry to just entice people to review their legal options with a lawyer to make sure their rights are protected. I am not saying you have to go run out and file a lawsuit or file a claim, just make sure your rights are protected.

The sister who called me by speaking to me found out that when a person is injured they have to file a lawsuit or settle their claim within one year – which the brother did not do! If they do not file a lawsuit or settle the injury claim within one year and they have workers compensation, then they need to get a reassignment from worker compensation as in the second year of an injury claim where there is a workers compensation claim as well, the claim becomes that of the workers compensation claim. So now the brother will know that he needs to get a reassignment before going any further and then a lawsuit or settlement can be had with the adverse driver. Further, we discussed that a potential underinsured claim may exist as well and that underinsured claims have different statute of limitations than when dealing with an adverse party. These are just some of the deadlines for the brother’s personal injury claim that we reviewed. At least the brother should know the deadlines and then have the option of deciding whether or not to pursue a claim. Had they not known they could have let the statute go and never have known about the need for a reassignment. In fact, a workers comp carrier does not have to give a reassignment so if the brother does decide to pursue a claim, he will still need to hope that the workers comp carrier gives him the reassignment.

Don't forget to check our more information on our injury book and the mistakes that you can make when pursuing a personal injury claim in Arizona.

Phoenix car accidents happen every day of the week which is why our office is always accessible. As you know we have 7 kids. I (Alexis) just came back from 1 baseball game, 1 soccer game, 1 basketball practice, 3 basketball games and Mark just left to take our oldest son to his basketball game! What a busy day already! Oh and I forgot we took 2 of the kids to a chess tournament in the morning. Anyways, it’s always nice I think to have some insight into the weekend lives of the attorneys you might currently be trusting or may one day be trusting to handle your serious accident claim.

Caller Case Scenario

In between games I received a call from an Arizona resident who had just been involved in a car accident. He actually rear ended another vehicle. He said the person in front of him sped up then slowed down and so he rear ended her. He said there was minimal damage to her car, he was guessing about $200.00. The person he hit was complaining of neck pain. The police never came and they moved their vehicles about a half mile from the scene. He gave me all these facts and said, “What do I do?” The one thing he was most concerned about was his license was suspended and he wanted to know what effect that would have on the case.

Can A Person Who Drives On A Suspended License Make a Personal Injury Claim?

Most people think that if you get in a car accident in Phoenix and you are driving on a suspended license that you cannot make an injury claim or that you will immediately be deemed at fault. Many people who are illegal in this country think they can’t make a claim either. Actually, all these people are wrong. The fact that someone is illegal or driving on a suspended license – or no license at all – has no relevancy in a personal injury claim in Arizona. Actually, I should say almost no relevancy. Every Arizona personal injury claim is different of course. If the person wants to make a lost wage claim and they are an illegal immigrant then the lost wage claim gets a little complicated. If they however just want to make a personal injury claim the fact that they were driving with no license or a suspended license will never come into Court. At least by the rules of evidence it will should never come into Court.

How Does Evidence Get Into The Arizona Courts?

In order for it to come into Court someone would have to prove why driving on a suspended license had anything to do with how the accident happened. Typically, there is no evidence that can be proven to correlate fault and driving on a suspended license so that is why driving on a suspended license or being an immigrant never comes into evidence.

If You Get In An Arizona Car Accident Should You Call Your Insurance company?

With respect to the above callers case, he should call his insurance company and they will take it from there. The fact that she only had $200.00 of property damage is something that the Arizona insurance company will pick up on and will most likely use to argue that the person who was rear-ended was not in fact hurt. In this scenario, it may very well be that the person was not hurt, but many times even when there is a couple thousand dollars worth of damage or more and the vehicle does not look like it sustained that much damage, the insurance companies use the lack of serious vehicle damage to their advantage.

Does the amount of property damage have to do with how serious a person is injured?

It does not always correlate the amount of damage to the seriousness of the injuries. There have been many times that this has worked for us and again us. In one case we had many years ago where we went to trial, a tow truck cut off the roof of our client’s vehicle. Obviously, showing big pictures of our client’s vehicle with the roof cut off makes an impression. In the opposite, this has been used against us where our client was hurt but the vehicle did not look like it sustained a lot of damage. It is just something to keep in mind that just because a car is totaled does not mean the people inside of the vehicle were hurt and likewise just because a car did not look like it had serious damage, does not mean that people inside the vehicle cannot be hurt.

Always get the advice of an Arizona personal injury lawyer - What you know can't hurt you but what you don't know can hurt you - and destroy your injury claim

In any case, if you are ever at fault for an accident, it is almost always a good idea to immediately report it to your insurance company. In fact, some insurance policies say if you don’t report the accident immediately they may not cover the damages incurred. Let the insurance company deal with the injuries to the other person. If you are seriously hurt in a car accident in Arizona and are driving on a suspended license or are an illegal immigrant remember you still have rights to a personal injury claim. Whether you choose to pursue these rights and be protected by an attorney is up to each individual person. Some cases are worth pursuing and some personal injury cases in Phoenix are not worth pursuing. What is best is to talk to an Arizona accident lawyer and get some good advice!

As Arizona injury and motorcycle lawyers, we have many clients who have been seriously injured in motorcycle accidents. I was talking to a client who came in on Friday to sign his settlement documents who had been involved in a motorcycle accident. In his accident he was travelling through an intersection when another vehicle did not stop and ran the stop sign and collided with our client. The client said he saw the wife of the driver put her hands on her head anticipating the collision. Unfortunately, she was not able to let her husband know prior to him running the stop light and colliding with our client.

One thing that we were discussing is that this was not a motorcycle accident. In technical terms this was a motorcycle accident but it was not a motorcycle accident in the way that most of us picture what a motorcycle accident is when we say those terms. I (Alexis) think most people when they say motorcycle accident think the motorcycle driver was the cause of the accident. For some reason drivers of automobiles do not like motorcycle driver or bicycle riders for the majority either. Most witnesses we see on police reports say the motorcycle rider or cyclists “came out of nowhere.” I think it seems like the rider came out of no where because many times the driver is not paying attention enough to see the motorcycle rider or the cyclists. It takes extra special attention when driving.

I think the client is right though that we have to remember this Arizona deadly motorcycle crash was not an Arizona motorcycle accident, it was innocent motorcycle riders stopped at a red light when another driver just rammed into them. There was no accident about this Phoenix motorcycle crash and as injury lawyers and people we need to remember that this was not an accident.

Many more facts will start to come out as in all Phoenix motorcycle cases. When it comes to a fatal motorcycle accident in Arizona, it can take months for the police to conduct a full investigation and issue the police report.

At this time, it appears that Michael Jakscht, the driver of the dump truck, was found to be on illegal drugs at the time of the accident and his bail has been set for what we heard was $1,000,000. he is currently held at the 4th Avenue jail in downtown Phoenix.

Initial police reports are indicating that the toxicology reports showed Jakscht had drugs in his system at the time of the motorcycle crash.

Victims and victims’ families are starting to speak out. Jason Anania suffered from a shattered leg, bruises back and sore shoulder. One paper quoted him saying that his physical pain is difficult but his emotion pain is difficult as well. This is not uncommon for victims of motorcycle accidents to feel. Physical pain is visible to others but emotional pain is something that is just as serious.

Many of our clients who are involved in motorcycle crashes in Arizona have emotional injuries that are very difficult to overcome. Many clients request that they seed the help of a doctor who can help them with their emotional injuries. In fact, one doctor that we work with actually takes victims out on the roadway again as one of the emotional factors besides feeling guilty for being a survivor is having a hard time getting back on a motorcycle or in an automobile after a serious motor vehicle accident.

We cannot bring all these innocent motorcycle riders back to be with us and our legal system is not a tooth for a tooth and an eye for an eye, but if all of the reports are correct, it sure seems that a legal system like that would be fair. Drivers cannot use illegal drugs and kill innocent people and get a slap on the wrist. This driver needs to be severely punished as he has killed innocent people, seriously injured others, and torn apart families’ lives forever.

It does not appear that this is Jakscht’s only offense either. It has been reported that he was cited in 2005 for operating a vehicle with too much weight and cited in 2006 for having parts that were in an unsafe condition. Last year, while driving the same truck from the Blue Sky Sanitation Company, he was cited for not having a fire extinguisher, no pre-trip inspection and failure to inspect emergency equipment.

Although clearly the driver was at fault for the motorcycle crash, I wonder what responsibility the company holds as well. Did this company know that Jakscht was using illegal substances? What did they do about these tickets he was getting? Did they do anything to make sure he had the proper equipment on his dump truck. Did the company know something was wrong with the truck and that it could possibly cause fire?

These are some legal aspects I think are important for everyone to know as well. Of course, Jakscht is responsible because of his actions and deserves the upmost punishment but at the same time I would advise these families of those fatally injured and the surviving victims to look into the role that the sanitation company had as well.

Again, our thoughts are with these families and innocent injured victims.

After being involved in a Phoenix car accident where he was rear ended, a young fellow called today to seek some legal advice. He was concerned because he needed a vehicle and the adverse insurance company was still investigating liability. He had called the claim into his insurance company but was unsure of what to do because his vehicle was at a storage lot, he needed a vehicle to get to doctor’s appointments, and had not heard from the insurance company.

Generally, in these situations if you have car insurance, especially rental car insurance, we advise that you make a claim through your own insurance company. Many people when they have been involved in a Phoenix car accident don’t want to make a claim against their own insurance or they are concerned that their rates will go up. According to the insurance regulations, your rates cannot increase unless you are at fault for the accident. Of course, the insurance company can increase your car insurance rates for something else but if you are not at fault for an accident and choose to use your own insurance, your rates should not go up.

If you do make a claim and use your own rental car coverage or even if the adverse party puts you in a rental car do not get the additional insurance offered by the rental car company. If you do purchase additional insurance after you have been in a car accident in Arizona, you will not be reimbursed for the amount of money each day you spent on insurance, and generally the additional insurance amounts to about $12.00 extra a day and can vary depending on what type of car you rent.

When calling your insurance company we do not advise not to give a recorded statement – at least to wait until you have spoken to an attorney. Also, when you ask that you be provided a rental car the insurance company will probably direct you to a rental car company. Tell your insurance or if you receive the rental car from an adverse insurance that you want a direct bill. A direct bill will serve so that the bill goes directly to the insurance company. You may still have to put your charge card down for identification but this way your card should not be charged and the insurance company will be billed directly during the time that the investigation is being completed and the status of your car is being determined.

Over the course of the next few blog entries, I (Alexis) will talk more about property damage and how you can make sure that you are not stuck with a big bill. In terms of making an insurance claim on your own insurance though, again, if you are not at fault for the car accident then your rates should not go up by using your own insurance. If your rates do go up you should ask your agent or insurance company to show you why they went up. If they do not have reason as to why they went up, they can be reported to the Arizona Insurance Department of Regulations and/or they should be lowering your rates.

Every once in a while what will happen if your rates do increase it will be because your insurance company coded the accident as your fault when it was not. Sometimes it is just a simple phone call to make sure that the accident was not codes as your fault. Still, we have only had one circumstance where our client was not at fault where her rates went up and it was just because they coded it wrong and immediately her rates went back to where they were.

Feel free to ask us any questions on Arizona personal injury and wrongful death law.

The fatal motorcycle accident last week that claimed the lives of 4 innocent victims and others who were injured is becoming more tragic as the investigation proceeds. According to reports the driver, Michael Jakscht, of the dump truck had methamphetamine’s in his system at the time of the motorcycle crash.

Driver of deadly motorcycle accidend found to have drugs in his system on day of crash

At first, police thought it was an accident from the driver shuffling papers and not paying attention, but now news reports are indicating that the driver had illegal substance in his system at the time of the motorcycle crash. Further, it is reported that the driver had received two speeding tickets a couple of days before the motorcycle crash and his driving record indicates that he has had five tickets in the passed, some for carrying too much weight in the truck.

Thoughts and prayers go out to the families of this fatal motorcycle crash

My thoughts and prayers again go out to these families. This is certainly a tragic accident. Some motorcycle accidents are just accidents. When reports were that he was shuffling papers I thought that is very careless driving behavior but in some respects in it an accident – still deserving of punishment but something a lot of drivers do is get distracted and do not pay attention.

Justice must be served

Given the current reports and if they are true, I think this driver deserves to be convicted of every count that he is charged with for killing these Arizona motorcycle riders. Of course, we are all innocent until proven guilty, but if these reports are true this man was driving while under the influence of illegal substance and has ruined the lives of many families, which extends to probably hundreds of people when you consider the spouses, parents, children, siblings, friends, and even grandchildren.

Innocent lives have been destroyed

In reading some of the obituaries, it reminded me again how fragile life is. This man has destroyed lives of beautiful families and justice must be served. We can never bring back these motorcycle riders, but these families need to make sure that they have lawyers on their side fighting for them and that this driver is punished for what has been done.

Punitive Damages

In reading that the driver received citations for carrying too much weight, it makes me think that the company might have some liability as well regarding why the truck caught on fire. I will admit this is all assumptions and speculation based on all of the prior cases we have handled, but I wonder if there was too much material on the truck and that is why the truck caught on fire. This needs to be looked into right away.

Legal experts must be retained immediately

An expert regarding trucks, weights, and accidents, needs to look at the biomechanics of this accident and truck to see if there is any liability on the company for carrying too much weight. There may be others responsible as well. This is not to say that the driver should not be held accountable, I just wonder if there are other factors out there that make others responsible as well.

Spoilation of evidence

The first thing that needs to be done is that this truck needs to be kept in a place where the evidence is no spoiled. The truck needs to be examined and put in a place – storage area – where experts can look at it and investigate further as to why this truck caught on fire and if anyone else is responsible for taking the lives of these innocent individuals.

A letter needs to go out immediately to the company owners and the insurance company for the spoliation truck letting them know that if the truck is tampered with the parties will look to the spoliation law in Arizona, which basically says when you are put on notice not to tamper with evidence, if you do tamper with that evidence the Court can instruct the jury to look at the tampering of evidence in a negative light.

Arizona case law for those lawyers who are looking for authority on spoliation of evidence

There are a long line of Arizona cases that indicate the Court should instruct a jury that it can draw a negative inference against the party who fails to preserve evidence. For those injury and wrongful death lawyers that may follow this blog for legal tips, if anyone wants to check our an Arizona case on point it is State v. Willits, 96 Ariz. 184, 393 P.2d 274 (1964). Other legal cases that can be reviewed for destruction of evidence include Souza v. Fred Carries Contracts, Inc., 191 Ariz. 247, 955 P.2d 3 (App. 1997), Nat'l Ass'n of Radiation Survivors, 115 F.R.D. at 557 (citing Cecil Corley Motor Co. v. General Motors Corp., 380 F.Supp. 819, 859 (M.D. Tenn. 1974)) and Alexander v. Nat'l Farmers Org., 687 F.2d 1173, 1205-06 (8th Cir. 1982), cert. denied, 461 U.S. 937, 938, 103 S.Ct. 2108, 2110, 77 L.Ed.2d 313, 314 (1983).

Expert Arizona injury and wrongful death lawyer

Of course, I am biased since all we do is practice injury and wrongful death law in Arizona, but especially in this fatal motorcycle accident, it is imperative that these families hire the best motorcycle accident lawyer that they can find. If you have questions about this article or accident, call our office and we can review with you how the law affects this case.

Expert Arizona Injury and Wrongful Death Lawyer on Arizona Motorcycle Accidents

Mark Breyer is a certified specialist in injury and wrongful death law in Arizona, which only 2% of all lawyers in Arizona have achieved as awarded by the State Bar of Arizona. He has been names Top 100 Lawyers in Arizona by ATLA and has achieved top legal ranking for legal ability and legal ethics from Martindale-Hubbell, a renowned legal source for over 100 years known throughout the United States. We offer a no fee guarantee and can assure all clients that we represent you will get the representation that you would expect from a top Arizona injury and wrongful death law team with the communication you would expect from a husband and wife law team. We are a top notch legal team and Mark has achieved his awards from getting the results and justice that our clients deserve.

Society should never forget the innocent victims of fatal accidents

Most importantly our thoughts are with these families. It is clear that this was a special team of motorcycle riders and that justice needs to be served. All of these riders are very special and as a society we all have to work together to make sure that innocent victims of fatal crashes like these are not forgotten and that society understands the dangers of driving while distracted and that those who are driving while under the influence of alcohol or drugs will be punished by the full extent of the law. There is no tolerance whatsoever for this type of chosen driving behavior which kills innocent victims.

Most people are not involved in Arizona car accidents. Most people never have to talk to an Arizona injury and wrongful death lawyer. Most people will never have to know what is involved to make an injury or wrongful death claim with the insurance company. These are the lucky people.

Unfortunately, there are many others who are involved in Arizona car accidents. These people may have either been seriously injured or lost a loved one from a fatal Phoenix, Arizona car accident. Maybe it wasn't in Phoenix, maybe the car accident was outside of Phoenix, such as a car accident in Chandler or Ahwatukee or Tempe, or all the surrounding areas that are in Phoenix, Regardless of where the accident is, these are the unlucky people. It is better to be ignorant of the law and the insurance claims but unfortunately many people are forced to learn about it and forced to seek out an experienced Arizona accident and injury lawyer.

Currently, the insurance companies have been successful in convincing society that people who are injured and seek money damages are greedy. I (Alexis) want to tell everyone about a situation that recently happened with one of our clients and you tell me who is the greedy one!

Our clients were involved in a car accident and let's call him "Joe" who was the driver. Joe was very seriously injured. He was transported by ambulance to the hospital where he remained in ICU for a couple of weeks. During this time, his wife was at home caring for their children and trying to go back and forth between the hospital and tend to all the kids at home. Meanwhile, Joe's vehicle was towed from the scene of the accident while Joe was being taken to the hospital with life threatening injuries. Joe's car was old so he did not have collision coverage on the vehicle. The insurance company of the person who was at fault who hit Joe's vehicle would not do anything because they said they had to get in touch with their insured first and investigate as to whether or not their insured was at fault. Where was their insured? In jail. Their insured had been taken to jail from the accident scene because he was driving drunk and was found to be at fault for the car accident.

The insurance company took 8 weeks to investigate the car accident and talk to their insured. After 8 weeks they admitted liability and said they would pay for Joe's total loss. Sounds fair? I suppose that part is fair. But here is the unfair part. Joe's vehicle sat in storage the entire 8 weeks because the insurance company would not move it out of storage. They told Joe to move it himself. Yes, Joe who was in ICU for part of this time. If not Joe, then his wife they expected to take care of it. Joe and his family could not afford the storage charges, the towing charges, and where would thye have had their totaled vehicle moved to - Joe's family would have had to move their totaled vehicle to another tow yard place that would also have charged for storage charges.

This makes absolutely no sense - does it? But these are the types of things that insurance companies try to get away with it. They won't get away with it here though because Joe hired our office and we sent the insurance company multiple letters indicating that they had to remove the vehicle or they would be responsible for the storage charges. If the insurance company doesn't pay for Joe's storage charges plus Joe's loss of use for his family not having a rental vehicle what will happen and what can you do as an accident victim?

You file a lawsuit. Some Arizona injury lawyers might not want to file a lawsuit but that is exactly what we do. You have to file a lawsuit to show these insurance companies that they cannot bully you and your clients around. We have had some cases where insurance companies try to do this and we have received 3-4 times the value of the vehicle in the end because the insurance company has to pay interest and so many other charges when they are found at fault for their actions.

The bottom line is this is an excellent example of how an innocent person can be taken advantage of by the insurance company. Next time someone tells you a person who pursues an injury claim is greedy tell them this story and let them know that if you've never been involved in an Arizona car accident and been hurt and had to make an Arizona injury claim or had to hire an Arizona injury lawyer to get what is fair then you do not know what our legal system is all about. Remember this story and how the insurance company is the one who is greedy.

When people are involved in an Arizona car accident many times they are seriously injured. When we represent clients who are seriously injured in an Arizona car accident, many times we see that they have trouble paying their mortgage, medical bills, utility bills, etc. This is to be expected because when a person is injured they are unable to work and therefore they have trouble paying all of their expenses. For many, all of these issues are why people look into hiring the best Arizona car accident lawyer.

Getting An Advance on Your Arizona Injury Claim

There are companies out there that will make an advance on an Arizona injury claim. Typically, they require a lot of forms and will only pay a minimal amount compared to the value of the settlement. In order for these companies to decide if a person can qualify for an advance on their settlement claim, they will talk to the injury lawyer, review the police report, ask about liability, request to see the car photos, and any other evidence that the attorney may have. The funding company has to be very conservative in the amount of money that they lend out because they will be lending this money out and it will be totally dependent on the outcome of the settlement. Therefore, the funding company will be taking a great risk when they lend out money to personal injury individuals.

Why as Phoenix Injury Attorneys Do We Recommend Against Injured Victims Getting An Advance On Their injury Claim?

Typically, we recommend against any of our clients getting advances on their injury claims. Why is that? The reason is because funding companies charge an enormous amount of interest when giving out a loan on an injury claim. By a lot of money it can come out to as much or more as 50% in interest and fees. In other words, if you get a loan on an injury claim in the amount of $10,000 you will need to pay back $15,000 out of your personal injury settlement. Also, as the months go by, the interest will continue to increase at a high rate. Many times to make sure you get the best settlement possible it will take longer and you do not want the taking out of a loan to affect whether you can hold out on settlement.

When May A Client Need An Advance on Their Injury Claim

There are some times where we do understand why clients need to get an advance on their settlement. Of course, as lawyers we listen to our clients and do anything needed to address what they would like out of their settlement claim. Therefore even if we do not agree with the client taking out an advance on their settlement, we will still do everything we can to help the client. The times that we understand that the client needs an advance is where they have tried everything possible and are just so behind that the extra interest will not make a difference. We had a client once who was going to lose his home because he could not work and getting an advance on his settlement was the only way he could save his home.

It is important to try to do everything you can to avoid an advance on your claim because of the high interest rates and fees that go along with getting an advancement on a personal injury claim. We do understand why the funding companies have to charge such high rates and that is because if the case is lost they will not get any money so the funding company is taking on a lot of risk.

If you have any questions on an Arizona injury claim, feel free to give us a call. As Arizona personal injury lawyers, we are able to answer all your questions and if we cannot help you, we will point you in the right direction so you get the help and care that you need.

I find it very interesting that people who are involved in an Arizona accident will call our office and say how they don't want a McDonald's case verdict or anything like that but they do want to be compensated. What is interesting about that is 1) many people know nothing about the McDonald's case and 2) it is amazing how influential the insurance industry is to convince everyone how bad it is to file a claim or lawsuit against someone.

McDonald's Coffee Injury Case

With reference to the McDonald's coffee case, most people only know what they have been told by the media which mostly comes from the insurance industry as only their insurance industry has enough money to go on TV and do all sorts of other stuff and alter facts about a case. What really happened in the McDonald's coffee case is that an older woman was burned by hot coffee because of McDonald's choices. You see McDonalds decided that they would create a campaign to let everyone know that their coffee was the hottest. In doing so, they made the coffee so hot that many people were getting burned. All of these people, society never heard of but McDonalds and the others knew that the coffee was too hot - so hot that it would cause injury sooner or later.

Real Facts Of Case

As a result, the woman was severely burned. It was not just a little burn, but very significant burns on her body. When the case went to Court, the Plaintiff's lawyer asked for what we call "punitive damages." Punitive damages is where a company or individual acts such that their conduct is seen with an "evil mind." When a Plaintiff's lawyer ask for punitive damages the jury can award money damages to punish the Defendant for their egregious actions. The way the media portrayed the McDonald's case is that some woman got burned because of her own actions and millions of dollars was awarded to the Plaintiff. That is not what happened at all.

What happened was that McDonalds knew that they should not be serving coffee this hurt because others had complained of the temperature and being hurt... a little. As a result, McDonald's was warned to lower the temperature of their coffee to avoid future injury and McDonald’s chose to not do so and keep the coffee at the hot temperature because they didn't care who got hurt, they only cared about sales.

Injury Case Goes to Court

When the case went to Court, the Judge found that there was enough evidence for the Plaintiff's lawyer to argue that McDonalds acted with an evil mind. The jury found that as well and awarded one day of coffee sales to the woman as a punishment. That is where the millions of dollars comes in.

Did you know that the Judge has the power to reduce the award a jury gives? So when you are on a jury, you actually do not have final say, the Judge does. In this case, the Judge did lower the amount of the award in fact and the woman did not get the amount that the jury awarded her.

Perception of Society When Pursuing An Injury Claim

The perception of society now is that it is bad to make a claim when you are in an auto accident or have received personal injuries from the negligence of another individual. As Arizona lawyers who help individuals everyday who have been hurt by the negligence of another individual we here time and time again that people don't want a McDonald's coffee case verdict or they just want their vacation pay paid back, or they just want their medical bills paid.

Arizona Injury Law

The law is set up so that the only way a person who is hurt by another individual can get back to square one is through making a claim. That doesn't necessarily mean you have to file a lawsuit but you do have to make a claim. We all pay insurance companies thousands of dollars and as a whole billions and billions of dollars to insure us. In my opinion, and of course I (Alexis) am bias as I am a personal injury lawyer, but in my opinion that is exactly why we have insurance. We have insurance so that if an innocent individual is wronged, the insurance company will pay.

Auto Accident and Other Personal Injury Claims

If you are injured in an auto crash in Arizona and you incur medical bills and lost wages, you should be entitled to compensation of your medical bill and lost wages, but also for all your pain and suffering. It is the pain and suffering that makes our system as it is and people should know there is nothing wrong with pursuing what is fair, which includes money for pain and suffering, future medical bills, permanent injuries, and all the other elements that make a person not whole when they have been hurt by another individual. This is why we have insurance and people who are hurt should not be made to feel that making a claim is the wrong thing to do.

Arizona Lawyers Who Can Help

With that being said, not all injuries are worth pursuing and there certainly are some people out there who bring frivolous cases but there are a whole lot more people who are injured because of someone else’s negligence and deserve fair compensation. If you are someone who doesn’t know if you have an injury case and are looking for Arizona personal injury lawyers who can help, feel free to give us a call. We have offices Valleywide and we can come to you. Call us Valleywide at 602-267-1280. You will not be disappointed in Arizona’s Husband and Wife Law Team’s client communication and legal abilities.

If you have been in an accident in Ahwatukee, call the Ahwatukee Car Accident Lawyers who are right in your neighborhood. Although we have other offices throughout the Valley, our first office began in Ahwatukee back in 1996.

Mark is rated Top 100 lawyers in Arizona by ATLA, top ethical and legal ratings by Martindale-Hubbell, Top rankings by AVVO, and he is a certified specialist in injury and wrongful death law by the State Bar of Arizona. Only about 2% of lawyer sin Arizona have been deemed an expert by the State Bar of Arizona.

You can find out more about us in the Ahwatukee newspaper or come by our office which is located near 46th Street and Chandler Blvd - our office in Ahwatukee. If you work in another part of the Valley most likely we have an office near your work as well. If we do not have an office near you, we will come to you.

Feel free to call anytime as well at our East Valley number. As Ahwatukee auto accident lawyers we are here to help. We also handle other areas of personal injury as well. Give us a call and get your free consultation. We are confident you will trust our office and get honest answers to all your questions.

People who are involved in a car accident are often convinced that only personal injury clients who are at fault for the accident have an uphill battle in proving their claim. In fact, in my (Alexis) opinion every personal injury victim in Arizona has an uphill battle? Why is that?

Whether you are at fault for an accident in Arizona or not are an injury victim, you face an uphill battle fighting against the insurance companies. Of course, that doesn't mean we don't win. it just means that the fight against the big goliath insurance companies is always an uphill battle as the insurance company adjuster or opposing counsel will do everything in their power to try to minimize the injuries sustained to a personal injury victim.

We have had rear-end car accidents where the opposing counsel argued liability. We had a case go to trial where our client was parked on the shoulder of the road with his hazard lights on because his car broke down. The opposing counsel argued to the jury that our client was at fault for getting rear ended because he knew his car had some mechanical problems now and again and therefore he should not have driven the car and had he not driven the car he never would have been on the shoulder of the road. These are the arguments that attorneys use when arguing the value of a claim for a car accident victim in Arizona.

When a person is seriously injured in an auto accident in Arizona, they not only face the wrath of being judged by the insurance adjuster and insurance company but also the jury. Currently, the tend of public thinking is that people who are in a personal injury claim are just in it for the money. Some people think that the seriously injured who pursue claims are quitters or just looking for a quick fix. In actuality, it is just the opposite. People who are seriously injured and stand up to the justice system to get a fair settlement or take it to trial to get their day in Court are very strong individuals. Going through a personal injury claim can be quite difficult because of the judgmental opinions brought on by others many times when evaluating the injured person's decisions.

Having the courage to face up to the insurance adjuster or opposing counsel and to continue to fight for a fair settlement is one of the reasons it is important to pick the best car accident lawyer in Phoenix, Arizona. Injured victims needs to take their time in finding an attorney and make the best decision the first time around.

It is so important to hire an attorney that you feel comfortable with to guide you and to give you the continued strength to fight for a fair settlement and to get what is fair. It is important that you hire a lawyer who you can trust and that you know will fight for you.

So the next time someone reads about a personal injury lawsuit, consider the real life experiences of these individuals who have had their lives forever changed by injuries that they did not cause. Rather than thinking about how a person should not pursue an injury claim, think about how hard it must be to stand up to people who are telling you that you should not have been driving because you knew your car had mechanical problems, or you should have gone to the doctor rather than waiting a week, or you should have gone back to work even though you had two broken legs and were on pain medication all day, or you should have lived with the pain rather than getting the surgery that made you feel better. I could go on and on about these stories. Being questioned about the path you took in your medical care, or why you couldn't work are things that are very difficult. Being called a liar when you did nothing wrong is very frustrating and difficult to take and understand why our legal system is such.

This is why though when you have the best Phoenix, Arizona injury and wrongful death lawyers on your side, the lawyers can give you the confidence necessary to pursue your claim and to get a fair settlement. This is why it is important to trust the lawyers that you hire as the best injury lawyers will always make an accident victim know that they are doing the right thing in pursuing their claim. When another driver kills an innocent driver, the right thing is to pursue the at fault driver for what is fair so that the family who lost a loved one is compensated. After all, this is our legal system.

The injured people who pursue a claim or the family who lost a loved one due to the negligence of another individual did not choose for this to be our legal system for car accident victims. This is the system and everyone should honor the system - for good and bad. Further, think about it, we all pay insurance so that in the time of need it is there. If this is our legal system then it would make no sense for injured people to not pursue a claim when they are hurt by the negligence of another individual because this is exactly why people buy insurance.

I am not talking about frivolous claims either. I am talking about claims where people are rear ended and need surgery, or a person drives drunk and kills another individual, or a person fails to yield at an intersection and seriously hurts another individual. These are the types of claims that I am speaking about. Even people who are hurt in a lesser fashion however are still entitled to a fair settlement.

Of course, there are people who lie and I recognize that but I stand by my thinking that most people who pursue a personal injury claim in Arizona are not liars or exaggerators. Sure that is what the insurance industry has made it out to be because they want people t get on the jury and award small numbers. That is why the insurance industry spends so much time and money to make people think that everyone who files a claim is a liar or an exaggerator. The fast majority of claims are real and the people are honest. We never will get rid of liars but they should not ruin the fair settlements for all other individuals.

If you or someone you know has been in an accident that resulted in serious personal injuries and would like to speak with a Phoenix car accident injury lawyer - Phoenix, Arizona personal injury attorney - that has fought for the rights of many others who have also suffered similarly, please give us a call at Breyer Law Offices, P.C. We can provide answers in your fight for justice. We offer free consultations and a no fee guarantee which means we do not get paid unless there is a settlement.

3 Reasons you do not need a Phoenix car accident lawyer:

1. You are not hurt at all
2. There is no property damage to your vehicle
3. The accident was all your fault

As Phoenix car accident lawyers we cannot create miracles. If you were not hurt in the motor vehicle accident then realistically you do not have a claim worthy of hiring a lawyer - at least a Plaintiff's personal injury lawyer. If there is little damage to your vehicle and you were hurt a tiny bit, lawyer probably can still get you more money than you could have otherwise got yourself for all your inconveniences but it is not worth hiring a lawyer unless there are extenuating circumstances.

If you know for sure that you were 100% at fault for the accident then there is probably nothing a lawyer can do for you. Arizona personal injury law does allow for a victim to get compensated for whatever percentage the victim is NOT at fault. Therefore, if you were seriously injured and 90% at fault you may still have a case worthy of hiring a lawyer depending on the circumstances of the accident and the injuries.

I (Alexis) was going to add some more reasons to the list but really they are sarcastic! One of the things I would add to that list is that you do not want the best settlement possible. Many people do not hire lawyers because they think they can handle their case all on their own. It's funny because I wonder why people think they can handle a legal case all on their own when they do not know anything about the law. Think about it, would you try to conduct surgery on yourself. Of course, not. For some reason though innocent victims get hurt twice because of another person's negligence and then because they try to handle their own claim. Usually, down the road those who are seriously injured see that it is just too much and that the law is in fact complex. My one advice point that I tell people over and over again is consult a lawyer right away after an automobile accident. It does not mean you have to hire a lawyer, it just means that you get all the facts and put yourself in a position where you know what you are up against.

Innocent Arizona car accident victim misses statute of limitations

I had someone call the other day who was involved in a Phoenix car accident. She had actually been negotiating her claim with the insurance company and she called the insurance adjuster back the next day and the adjuster told her the statute had passed and he was no longer offering her anything on her claim. I felt very bad for her. She had no idea that there was a statute of limitations she was about to let pass and that her claim would be forever gone. She thought since she had been negotiating with the adjuster that the adjuster would pay for her personal injury claim. That is not how it works though. Probably as you read this you may think to yourself that would never happen to me, but you would be amazed how many people this happens to and how many calls we get each week about people who want to pursue claims who are told by the insurance adjuster the deadline has now passed.

Continue reading "3 Reasons You Do Not Need A Phoenix Car Accident Attorney" »

When you are involved in a Phoenix Car Accident it is important to understand how a phoenix car accident lawyer reads the police report. Of course, if you hire an attorney right away you can just let the lawyer read the police report but I (Alexis) try to educate our clients to understanding how to read the police report so they understand.

Many times when people call our injury office for the first time they do not have the police report yet as the officer is still drafting the report. When it comes to serious Phoenix car accident injury claims it can take a couple of weeks for the police report to be completed. When it comes to a fatal accident in Arizona, sometimes it can take up to 6 months to have the police report completed.

We had a case once where the claim was against a city entity and the caller had spoken to another lawyer who did not practice just Arizona injury and wrongful death law, and the attorney told the caller to wait until the police report came out. It apparently was an attorney that the caller had trusted and the attorney was trying to help but the problem was the lawyer did not practice just injury and wrongful death law and failed to explain or maybe he didn't even understand the law so the caller missed a statute of limitations. How did that happen? The caller waited until the police report came out which was at about 200 days after the accident since it was a fatality and there were a lot of complex issues involved in the car accident in Arizona.

The police report came out and at that time the caller called our office. Unfortunately, the fatal car accident was in part caused by a negligent roadway design wherein the city where the accident took place would have been at fault. The caller was never explained that she had a 180 day deadline that she could not miss if she wanted to make this claim. She never was told about the deadline so she felt she could just wait until the police report came out. By the time the police report came out the deadline against the city had already passed. That was an atrocious accident wherein there was a serious road design defect that caused the fatal accident.

The accident was so severe that the car was set on fire and exploded. The only way that the family could know it was their loved one inside of the vehicle was by dental records. A lawsuit would never bring the loved one back but it could have shown the city that they should not have had the road blocks where they had them and that there was a defective design that should have been corrected so that other innocent drivers in Arizona are not hurt or killed at a later time.

How to read a police report:

1. The date is on the top line along with the time
2. Usually the person who is listed in the top position is usually deemed to be at fault
3. Section 2 lists the person’s injuries. A number 1 for injuries usually means the person is slightly hurt. The number ratings go up to 5 which is for a fatality.
4. The driver’s name and owner’s name and address will be in the boxes along with the insurance information and all the information on the vehicle. If the insurance is left blank that does not meant here is no insurance. Often times the person does not have the insurance with them or it is unknown so the police leave that area blank.
5. Passenger information is listed in Section 5. Often times the police will cross out the date of birth and phone number and just leave the name. If a passenger is not listed and there is evidence that the passenger was in the vehicle the police report may be amended but often times the police will not amend the report once it is completed so it is important to call the police right away if there is a problem with the police report. Again, the police usually will not change the police report once it is completed.
6. Section 7 lists the witnesses. If there is ever a comparative fault car accident in Phoenix, Arizona it is important to contact witnesses as soon as possible to get affidavits or recorded statements. Witness statements sometimes can make or break a case.
7. Section 8 had the office’s information. Many times it is difficult to read! The officer might need to be contacted to find out more information about witness’ names or to talk to the officer to get the information before the police report is completed.
8. On the back side of the page under section 11, it tells if any skidding occurred. This is important to Phoenix car accident lawyers because they can tell a lot about how a car accident happened depending on the skidding that is noted by the officer.
9. Section 12 indicates the citations. Just because you are cited does not mean that you do not have a Phoenix personal injury claim. In Arizona we have a comparative fault state so you are able to collect for personal injuries for whatever amount of percentage you are not at fault for the accident. Especially in comparative fault accidents where there are serious injuries we recommend people speaking to a Phoenix car accident lawyer to go over their options and the deadlines.
10. Section 13 contains a description of the car accident taken down by the police officer.
11. On the second page of the police report will also include different sections about the lighting, the weather conditions and more information about how the Phoenix car accident occurred. This is important to a lawyer because there are different things that we look at in this section especially when there is comparative fault. In this section it will also listed if the driver was driving drunk. Driving drunk may result in a claim for punitive damages. Other things that we can look for in this section that may lead to punitive damages is if the driver fell asleep, was on drugs, was working over the federally mandated hours, among other things.
12. The last page usually contained a description or drawing of how the Arizona car accident took place.

Continue reading "Phoenix Auto Accident Lawyers Explain How to Understand An Arizona Police Report" »

If you are in an Ahwatukee car accident or a car accident in a part of Arizona for that matter, the first thing that you should insist on is the police coming down to the scene of the accident. Typically, the Phoenix Police will come down to an accident scene when the accident occurs in Ahwatukee. Although Ahwatukee is a small community, it is still part of Phoenix, Arizona.

The only time the Phoenix Police will not come down to the scene of an accident when it is in Ahwatukee or another area in Arizona is when the car accident occurred on private property. Even then many times the police will come down and investigate but might not write an actual report. It is very important to have an accident report if you are involved in an accident because it given an opportunity for the police to write down all the details, such as the date of the accident, the time of the accident, the cars involved in the accident, and the people who are involved in an accident. Many times when there is no police report at all, the parties involved can deny that the accident happened at all and it makes it harder to prove on various levels.

Once you have the police report, you should call the insurance company of the other driver. Filing a claim is not difficult, but we do recommend that if you are the injured person that you have your car accident lawyer call in the claim for you or that you have another person, whether it be your friend or a family member call in the details of the claim. Usually a person is startled after a car accident in Arizona and even if they are not seriously hurt they still have a lot of adrenaline going so they may not answer all the insurance company's questions correctly.

When you call in a claim for a car accident, you should have as many details as possible in front of you. The insurance company will ask you the following:

1. the police report number
2. the date of the accident
3. the intersection where the accident occurred
4. how the accident occurred
5. your name, date of birth, address, phone number
6. the other driver's name, address, phone number
7. the cars that were involved, including license plate numbers and vin numbers
8. the insurance company of the other driver and the policy number
9. the phone number of the other insurance company
10. the witness' names
11. if any citations were given at the scene of the accident
12. the amount of damage to each vehicle
13. the injuries
14. the names of all passengers in the vehicle
15. be ready for other questions as well!

If the injured person does call in the claim be ready to answer all of the above questions and more. If the insurance adjuster asked questions about your Ahwatukee car accident be sure to request that the conversation NOT be recorded. Also, you should know that as Ahwatukee car accident attorneys, we always request the 911 tapes right away. Often times when filing a claim the insurance company will ask if 911 was called. 911 tapes typically have to be ordered within 30-90 days otherwise they will be destroyed. In some of our cases, having the 911 tapes played a pivotal role in the car accident claim.

After speaking to an insurance adjuster, we always send a confirmation to the insurance company regarding the whereabouts of the vehicle, especially if the vehicle is in a tow yard. You want to make sure that when filing a claim you let the adjuster know if you think the car is totaled or if it is repairable, and the exact location of the vehicle. At the time the claim is being report, it is a good idea to let them know whether or not you will need a rental vehicle and to even try to gain information about the adverse insurance's policy limits especially if there were serious injuries involved in the car accident.

Continue reading "Ahwatukee Car Accident Lawyers Discuss How To File a Car Accident Claim in Arizona" »

When you have been involved in a Phoenix car accident or any other type of injury claim in Arizona, if the negligent part is a government entity you must file a Notice of Claim within 180 days. It is important to understand that does not mean 6 months but 180 days. I say that because many people have called at the 6 months mark and said they thought they had six months to file the Notice of Claim but actually 180 days is a few days short of six months so it is important to note. There are also certain requirements that must be met in the Notice of Claim for the Notice of Claim to be valid.

The requirements of a Notice of Claim include;

1. Listing the individuals on the Notice who are to receive the Notice - You cannot just put anyone down on the Notice of Claim. The Notice has to be served on the people who are by law required to receive these legal documents on behalf of the person that caused the negligence. So if you are hit by a driver who is driving a bus you do not necessarily serve the bus driver but the people who are responsible for receiving the legal documents. As a lawyer to be safe, I would also serve the bus driver.

The notice of claim is very complex so this paragraph and guide is only to give people an idea of the background of what is required for a Notice of Claim to be valid but not to be relied upon for legal advice. I strongly recommend that no matter what the claim people speak to an attorney when a government entity is involved so they do not miss a deadline or file the notice of claim inaccurately and lose their claim.

2. Claimant information- A notice of claim should include the name of the person who was hurt, the address, phone number and date of birth. It is always better to give more information than not enough information. We recently started giving even the claimant's email address.

3. Details of the accident - By this we mean details of the incident, the location of the crash or injury, the date, the description of all the facts pertaining to the Arizona car accident. Remember Notice of Claims do not just apply to car accidents in Phoenix they also apply to any negligent action caused by a governmental entity/employee that results in a person getting hurt. The notice of claim should include the injuries, the extent of injuries, the future prognosis and medical treatment along with details of the accident itself.

4. Amount of the claim - In the notice of claim an amount must be stated for the notice of claim to be valid. This is usually a very difficult thing to do because many times the injured person is still in the hospital or still undergoing therapy or rehabilitation so the exact amount of the value of the personal injury claim may not be known. The notice must contain as much information about the injuries and the amount of the claim should be a number that is reasonable and can be justified but at the same time is not a number too low that does not take into account all of the unknowns about the injury.

5. Explanation of damages - In this section all medical bills should be detailed so that it is understood the extent of the medical bills. This part is sometimes also difficult because many times there are going to be a lot more medical bills incurred but because of the short time frame of 180 days it may not be possible to have all the medical bills. This section is just to give the entity an idea of what the bills may be.

6. Supporting documentation - As much supporting documentation should be attached to the notice of claim as possible. We attached all medical records and billing statements that we have in our file. It is also a good idea to attach things like the Arizona police report. When it is involving an Arizona fatal accident many times the police report will not even be ready within the 180 days so that a lawyer may not be able to attach this type of supporting documentation.

Conclusion

If you have been involved in a Phoenix car accident claim or any other type of personal injury claim in Arizona where you think the Defendant that is responsible for your injuries was working for a government entity you should strongly consider consulting a lawyer so that you do not ruin your claim because you did not know the requirements of the notice of claim statutes.

Continue reading "A Guide For Phoenix Car Accident Victims To Understand The Requirments Of A Notice Of Claim" »

If you have been in a car accident in Arizona there are a few things you should do before anything. First, if you are hurt you should immediately go to the doctor. Why is that? Many people tell me (Alexis) they are hurt but don't want to go to the doctor. The necessity for going to the doctor after a Phoenix car accident is that if you do not have medical documentation the insurance company will most likely deny your claim. Without showing proof of your injury the insurance company will most likely say that if you were hurt you would have gone to the doctor.

Second, take pictures! Pictures can be of your vehicle, your body, items damaged inside the vehicle, the other vehicle, skid marks in the road, your hospital room, etc. The old saying "a picture is worth 100 words" is probably more true in proving a car accident injury claim than anything else. When a lawyer is explaining to an adjuster the trauma you went through, having a picture to show the trauma makes the claim that much more understandable.

Lastly, if your vehicle is in a tow yard steps must be taken immediately to try to remove it from the storage yard as the facility where the vehicle is being stored will charge storage fees for each day which can get very expensive. Some facilities charge as much as $50.00/day. You can make a claim through your own insurance company is liability is still being investigated. If you do not have collision coverage on your vehicle, specific letters need to be written to the insurance company indicating that you do not have the means to move the vehicle. In Arizona there is a law that says an injured victim has the duty to mitigate their damages. What that means is that an injured person has to take steps to move the vehicle. Therefore, when we represent clients we show all the steps that were taken. Another old saying which is very true for when dealing with insurance companies is "if it isn't written, it didn't happen." We recommend that all communications with insurance companies be in writing. If you are writing to the insurance company then one day those documents can be used as exhibits. Telephone calls cannot be used as exhibits and can be denied.

Continue reading "Your Guide What To Do After Being In A Car Accident In Arizona" »

Do you really need a Phoenix Car Accident Lawyer? Here is a list of 10 items that can help you decide if you really do need a Arizona car accident lawyer. Not all cases require a lawyer and it is important for you to know whether or not you really need a lawyer. Of course, you always can call an attorney for a free consultation as well. So here is my (Alexis) top 10 list as to whether or not you need an injury lawyer for your case.

Top 10 List for if you need an injury lawyer due to a car accident:

1. You were seriously injured: If you are seriously injured in a car accident, you should consult a lawyer. A serious injury for this purpose would include broken bones, being in ICU, needing surgery, having to be off work for a long period of time, having to be on disability, and having a permanent injury. These are the types of elements that should lead a person to consult a lawyer. You may not need a lawyer still but if you have these types of injuries or similar then you should do yourself a favor and talk to an attorney before you destroy your Arizona injury claim by missing an important deadline.

2. Liability: If the insurance company does not put you in a rental right away and admit liability, you should consult a lawyer. If the insurance company tells you that they need to speak to their insured or the accident is still under investigation then that is a sign that they might deny liability. Even if the person who caused the car accident was cited it still may be that the insurance is going to play games and deny the claim.

3. The person who hit you was a government employee: That is they work for the state, city, or any corporation that is a government entity. Why does this matter? This matters because the laws against suing a government employee who causes a car accident are much different than suing a private individual. For example, a "Notice of Claim" must be filed with the Risk Management. The Notice of Claim must be served on the correct people. It must be completed correctly. The Notice of Claim must be served within 180 days. After the Notice of Claim is filed correctly, a lawsuit has to be filed within one year. There are just too many complex law that when your claim is against a government entity the injured victim needs to understand how to protect their rights.

Continue reading "Top Ten List To Decide If You Need a Phoenix Arizona Car Accident Lawyer?" »

As Phoenix car accident lawyers, we see that many people are involved in car accidents throughout the Valley and do not know what to do after they are in an auto accident. This is a brief guide for you if you have been involved in a car accident and are confused as to what to do to protect your rights or if your family member has been in an auto accident, is in the hospital, and you want to help but you do not know what to do.

Most people who have been seriously hurt because of the negligence of another individual really are not able to do much after a car accident because of their injuries. Maybe the most important thing to know is do NOT to talk to anyone. I (Alexis) would advise you to report your claim to your insurance and the adverse insurance, but even then I would recommend that you let someone else report the claim because the adjuster will start to ask you questions and you may be confused due to your discomfort. Never give a recorded statement to any adjuster unless you first speak to a lawyer.

Take pictures of anything you can think of that will pertain to the auto accident. Examples of this are pictures of the car, pictures of the car that hit you, pictures of property in the vehicle that was destroyed, pictures of your injuries or of your family member that is injured and pictures of the hospital. You want to take pictures of anything that could later be destroyed or contested. Another example would be debris in the roadway or skid marks where the Phoenix crash took place.

Sometimes it can be uncomfortable to take pictures of a loved one when in the hospital however these pictures will be invaluable to proving an injury or proving the extent of damages in a car accident claim. Many times you are not able to take pictures at the scene of the accident but someone can go back to the scene to take pictures of the roadway. If a family member is in the hospital, a loved one could go to the tow yard or wherever to take pictures of the vehicle.

Follow your doctor’s advice. Many people who are injured in an accident ignore their doctor and do not seek follow up care. It is important that you follow your doctor’s orders and continue with medical care when you are hurt.

Documentation is the key to a car accident claim. If you can take a picture, take the picture, if you are given doctor’s advice, follow the advice or seek a second opinion. if you are unable to work make sure the doctor gives you a note saying to remain out of work. A note from your employer is going to be needed as well.

Lastly, do not speak to the insurance company, especially do not give a recorded statement, and do not sign a medical authorization from the insurance company or any other documents regarding the insurance company obtaining your medical records. This is a brief guide and is just meant to give you some pointers. If you have questions for Phoenix Personal Injury lawyers, feel free to give us a call.

Ahwatukee is a small part of Phoenix Arizona. Although as Phoenix Car Accident Lawyers, we have offices all over the Valley and even in Tucson, we began our law practice in Ahwatukee.

Ahwatukee is located in the southeast corner of the City of Phoenix. Ahwatukee is a great place to raise a family and is probably most known as a safe and affluent community. As one of Phoenix’s 15 urban villages, Ahwatukee has a population of about 85,000 people in its stretch of 35.8 square miles. For those of you who are not familiar with Ahwatukee, Ahwatukee is bordered on the east by Interstate 10, by South Mountain Park on the north, by the Gila River Indian reservation on the south, and by state owned land on the west. Just like most neighborhoods throughout Arizona, unfortunately Ahwatukee has its share of personal injury incidents. In the last few years, there have been many accidents on Pecos Road, which is a relatively new road. Pecos Road seems to attract more accidents because of the lack of lights at some intersections and because it is a wide open road and drivers are likely to speed. Since first built Pecos Road now has speed limits signs up more frequently, cameras to reduce speeding, and more intersection lights have been installed. Nevertheless, it seems this road is one of the road where most accidents in Ahwatukee take place.

In the event that visitors and inhabitants of Ahwatukee suffer injury as a result of another individual’s negligence, either due to a car accident, truck accident, work accident, or another kind of personal injury accident, a skilled Ahwatukee car accident lawyer can be of assistance.

As I (Alexis) am writing this article, we have had our office in Ahwatukee for 14 years. We are a big part of the Ahwatukee community as it has always been very welcoming to us as people and our office.

As we have many clients from Ahwatukee since I believe we are the only team of injury lawyers in Ahwatukee that practice solely injury and wrongful death law, I believe that the most frequent type of injury claim in Ahwatukee does car from car accident. We have seen first hand what the negligence of drivers can do to our neighbors in Ahwatukee. Remember though as car accident victims, you do have rights. It is important that you speak to a lawyer to make sure that your rights are protected. That does not mean you have to hire a lawyer, it just means that we advise you to speak to an attorney to make sure your rights are protected. In doing so, you will make sure that your rights are protected and you will be holding the negligent people responsible for their actions.

Continue reading "Ahwatukee Car Accident Lawyers - Do you need an Injury Lawyer Close to Your Home in Ahwatukee?" »

Phoenix Car Accidents are happening every day. I read about a car accident last night and this morning I by passed an accident. What occurred to me were several things. First, when someone is involved in a car accident many times you cannot tell the extent of their injury. The girl in the car accident this morning was walking around; however, you could tell the extent of her pain on her face and by the people around her. Of course, I was going by at a fast rate of speed so just caught a fast glipse but it is amazing how many times an adverse lawyer will point to the medical records and argue that the person was not injured because basically they were able to move. My point is just that many times you cannot tell the extent of someone's injuries when they are in an accident and that the medical records or police report many times do not reflect the extent of injury as well.

Second when driving by the accident this morning, I thought to myself that although the general consensus is that we are a society full of litigation, the fact is that our system is generally fair. What is most fair currently is that injured victims have access to lawyers now. It used to be if people who were injured could not afford representation, they were unable to hire a lawyer. Now, Phoenix Car Accident Attorneys offer free consultations and contingency fee agreements. A contingency fee agreement is basically where a client and lawyer engage in an agreement by which a lawyer will be owed a percentage of the settlement. Usually the percentage is 1/3 but we have seen many some attorneys charging more and some attorney, who boast to be discount attorneys, charge less.

Let me warn you about discount attorneys. With all due respect, think about it. Would you go to a discount doctor? A discount surgeon? A discount dentist? Most people when it comes to discount services do not feel comfortable. When it comes to products of course everyone wants a good deal. Services though are different. I don't think anyone would feel comfortable if the discount surgeon were going to do brain surgery on you. Is that the doctor people would really choose. Of course, not.

For some reason though discount attorneys still have clients flocking to them. I think the reason is that people think that isurance companies will offer the same amount to any attorney. This is not true. The value of a claim is based on the documentation and the processed by which the attorney has gone through to "prove" the client's claim. If an attorney does not get a witness statement, does not talk to the doctor, does not advise the client correctly, or any other mistake, the client will not get the settlement deserved. Picking the right attorney does make a difference and generally speaking it is my opinion that discount attorneys do not have the time to work up a case compared to other attorneys. I am not saying this is true for every lawyer but generally speaking I think people should be wary of discount attorneys. Further, look carefully at hte contingency fee agreement. Many attorneys will increase their fee at litigation, Our policy is to keep the fee the same whether the case settled or we have to file a lawsuit. You do not want to be put in a position as a client where the attorney has an incentive not to settle your claim.

If you would like an evaluation on your claim, we are happy to speak to you and give you a free case evaluation. As Phoenix Car Accident lawyers, we give free phone consultations and want to make sure that people have a clear idea as to whether they have a case and how it needs to be pursued.

Mark Breyer, Phoenix Car Accident Lawyer, Receives Honor of Being Named Top 100 Lawyers in Arizona

Just wanted to include in this blog an award/honor that Mark has been given by the American Trial Lawyers Association. Mark has been named Top 100 Lawyers in Arizona. This is a very special award especially considering how many attorneys practice injury and wrongful death law in Arizona.

I understand that this is a little more of a press release than a blog post, but that being said, I think it deserves an entry on the blog especially considering that this is a blog about Phoenix Car Accidents.

So there you have it - Mark is a nationally recognized lawyer for his legal abilities. He has received other accomplishments as well but I think he is particularly proud of this one. Of course, as his wife, I feel that I can boast for him and let everyone know what a great accomplishment this award is for Mark and our whole office.

We have been practicing serious injury and wrongful death attorney together since 1996. It all started when we were in a little office and had just 1 child. Now, we sit with our own office building, long standing staff members, a thriving law practice, lots of awards for Mark and 7 children. What an accomplishment!

Mark has also attained the high distinction from the State Bar of Arizona as a certified specialist in injury and wrongful death law. This honor has been awarded by the State Bar to less than 2% of all Arizona attorneys. While any lawyer can claim they are a personal injury lawyer, less than 1 in 50 lawyers can prove their specialty has been demonstrated to the high degree required to achieve “injury specialist” designation from the Arizona State Bar.

That's all for my boasting... So if you need anything in reference to a personal injury claim, feel free to call our office. All of our consultations are free and we are always happy to help.

As a Phoenix car accident lawyer, I (Alexis Breyer) receive calls every day from injured victims wanting a case evaluation. What is interesting is that almost every day in one of those calls the caller tells me that the insurance adjuster told the caller not to get an attorney. As of this morning, I have already talked to two callers who told me that the insurance adjuster told them that they should not call or hire an attorney. The first caller was told that she shouldn’t hire an attorney because the adjuster would offer the same amount to the caller regardless of whether or not she had an attorney. The second caller was told that he shouldn’t get an attorney because why would he just want to give a third of his case to an attorney.

Do Not Trust An Insurance Adjuster Without Speaking to An Attorney

In talking with these potential clients, I do not blame them at all for not calling an attorney until they did. Basically, they trusted the insurance adjuster and until the adjuster did not return their calls and gave them very low offers they had no reason to really doubt her. Until you have been through this experience as an accident victim or have been told horror stories, you probably would have no reason to believe that you should not trust an insurance adjuster.

Unfortunately, now these people are left with low ball offers and in one case hardly getting the medical bills paid, and will probably not be able to find an attorney. Now, let’s look at this in a little more detail. Is there any proof that lawyers get more money and how do lawyers get more money. What’s the secret?

First, I am not sure whether insurance adjusters really believe what they say to injured victims or if they are just lying. My best guess is that adjusters actually really do believe that they would give the same offer to a victim regardless of whether or not they are represented. So no I don’t think adjusters are liars.

An Insurance Adjuster Is Not Your Friend

In terms of proof that lawyers get better results than unrepresented victims if you use common sense it would seem this would be true. Think about it, as the caller I talked to today said, he answered the adjuster a lot with “I don’t know.” Of course, you don’t know. You are not a lawyer and lucky for you, you have never been through this before. In contrast, the adjuster has been through this before and is trained by someone to know all the ins and outs. In fact, think about it.

An insurance adjuster is trained not to give a victim more money but quite the opposite. Why is an insurance company in business? Not to give victims more money that’s for sure. An insurance company is in business to give out as little money as possible and that is their goal in every case that they handle. So keep that in mind if you know someone who is injured or if you are ever the unfortunate one to get injured. Bottom line, is the insurance adjuster is not your friend and never will be. The insurance adjuster will never have your best interest in his thoughts. His/her only thought will be how do I get this file to a point where I can give out as little money as possible.

Hiring An Experienced Auto Accident Lawyer Means You Have a Trusted and Loyal Guide On Your Side

In contrast, when you hire a lawyer and let’s assume if you are seriously injured you hire an experienced attorney who knows what they are doing not someone who is practicing family law and saying they practice injury law! Assuming you consult with an experienced attorney (of course, like our office!) assuming this, you have an experienced guide on your side. Once you hire a lawyer who is experienced in Arizona injury and wrongful death law, you can be worry free.

I am pretty sure that most experienced lawyers know much more than any insurance adjuster. Lawyers know the law. They won’t get pushed around by the insurance adjuster. Lawyers don’t trust insurance adjusters when they say things as they already know what is true and what is not. Lawyers are going to know how to process a claim to get the best settlement. Lawyers will have the injured victim get the documentation that is necessary to get the best possible settlement.

So maybe the adjuster believes they would give the same settlement, but the fact is with an experienced attorney you would not be comparing apples to apples because an experienced attorney would have at their disposal much more information to prove the claim in comparison to an innocent victim who has never been through the legal system before.

Insurance Industry Study Showed Unrepresented Victims Got Less Money In Their Pocket Than Victims Who Hired A Lawyer

In addition, there has actually been an insurance industry study as to whether or not unrepresented victims get more money by handling their own claim compared to those who hire an attorney. Guess that they study found? The study found that those represented by lawyers had a higher rate of recovery for themselves than those who chose not to hire lawyers. That is, claimants who hired lawyers got more in their pocket than claimants who chose to trust the insurance adjuster.

Handling a personal injury claim is complex. Ask yourself do you know what coverage’s apply, do you know what subrogation means, do you know what balance billing liens are, do you know how to hire an expert, what happens if you get a low ball offer how are you going to file a lawsuit, if you aren’t a lawyer can you even threaten a lawsuit, how do you know how to negotiate your claim, and there are so many more questions. I thought the caller I spoke to earlier made a good point though and that was once I said, “I don’t know” so many times it then occurred to me I should consult a lawyer.

Take Advantage of an Attorney's Free Consultation

The great thing about injury lawyers now is that most of us offer a free consultation. So injury victims have nothing to lose but a few minutes of their time talking to a lawyer. You may think from this article that I think all injury victims should have a lawyer. Actually, that is not true. I am only an advocate that all injury victims should speak to a lawyer before they pursue their injury claim. It is important to know what hidden deadlines to beware of and what to watch out for when speaking to an insurance adjuster. Most seriously injured victims I do think are most better of by hiring a lawyer, but the bottom line is everyone should have a free consultation with an experienced attorney so that they have all the information necessary to decide how to pursue their claim. As Phoenix Car Accident Attorneys, we offer free consultations so if you ever have questions feel free to call our office. What you can expect from our office is honest answers with experience behind every word.

Phoenix car accident lawyers are called every day because car accidents are happening at a high rate in Phoenix and thousands of people are injured each year in the Phoenix metro valley area . In most auto accidents there is someone who has made a mistake that has caused the accident. In legal terms when someone makes a mistake it is called "negligence."

When someone is at fault for a car accident, that is they are "negligent", that means that the injured person is entitled to compensation for their injuries. It can be compensation for more than just their present injuries. For example, an injured person can be compensated for their medical bills, pain and suffering, future lost wages, etc.

When someone is injured due to the fault of another driver, the injured person should seek a consultation from a Phoenix car accident lawyer. It is important to know that just because you decide to have a consultation with a Phoenix car accident lawyer it does not mean that you have to hire them. Many attorneys, like our office, will offer free consultations to evaluate your claim. When individuals call our office, many times, we let them know they don't even need an attorney and explain why we feel this is true. The bottom line is that we recommend all car accident victims speak to a Phoenix car accident lawyer sooner than later just to make sure that their rights are protected and that they are aware of all the statute of limitations and deadlines for their claim.

So how do you decide to hire a Phoenix car accident lawyer? Hiring a car accident lawyer is a very important decision. You don't want to hire someone just because you saw them on a billboard or because you have been hearing their commercials for years. You want to hire a lawyer who is experienced in injury and wrongful death law and has the credentials to get you the best possible settlement for your claim. After all, you only have one chance to settle your injury claim and of course you want to make sure that you get the best settlement possible.

I (Alexis Breyer) have created a brief guide below that addresses how to hire a Phoenix car accident lawyer. If you would like more details you can order our Arizona Injury Book ($15.95 value but we offer it free to all Arizona injury victims) which goes into a lot more details on this Guide to Hiring a Phoenix car accident lawyer.

Step One - Ask questions to make sure you will get top royal treatment

When choosing the Phoenix car accident attorney that you are going to hire, you must remember that you will have a very close relationship with the lawyer you choose. You want to make sure that you feel very comfortable speaking to the lawyer and asking questions. You don't want to have a relationship with the attorney where you feel like you are asking dumb questions.

It is very important to make sure that you will receive what we call top royal treatment from the attorney that you choose to hire. You can know this by paying attention to the person who answers the phone, asking if they offer free consultations, and seeing how long it takes to set up an appointment to speak to the attorney.

When you do meet with the attorney ask them how many cases they take in each year. Ask them if you will be just another number. See what kind of policies they have in place to make sure that all your questions are answered. It is important to have a working relationship with the attorney and to also know the paralegal that you will be working with as well. Make sure that the law firm employs top notch paralegals. Ask what your relationship will be with the paralegal as well as the attorney. Ask about the policies that are implemented throughout the entire case so that you can make sure you can always get your questions answered. For our office, we feel that there are two aspects to every case. There is the legal aspect and the client-attorney relationship. When you come to our office, you will experience "The Breyer Law Difference." That is, you will not only get the best possibly representation but you will also see that client service is a top priority in our office.

Step Two - Suggestions of Questions to ask an attorney you are considering hiring

When you to speak to a Phoenix car accident lawyer, the attorney will ask you many different questions so that they can assess your injury claim. For our office, it is important that we have a clear picture of how the accident happened and the injuries sustained in the accident. We also may ask a lot of questions about prior accidents and prior injuries. The reason for this is that it gives us a better understanding of the whole pictures of your claim. Understanding the whole picture of your claim will lead to better advice for each individual person.

At your initial consultation, you should ask the attorney just as many questions as the attorney ask you! At least you should feel comfortable asking as many questions as you need to ask. Hiring the best Phoenix car accident attorney for your claim is very important and you must ask certain questions to make sure you are hiring an attorney with the best credentials.

Below are the questions that we recommend asking the attorney you are considering hiring:

1. Do you practice only injury and wrongful death law or other areas of law as well?

2. How long have you been practicing injury law?

3. How many Phoenix car accident cases have you handled?

4. How many cases have you handled and what is your success rate?

5. Are you a certified specialist in injury and wrongful death law?

6. What percentage of your cases settle and what percentage goes to trial?

7. Are you successful at trial?

8. Do you have a contingency fee agreement?

9. Have you received any awards based on your legal abilities?

10. Do you have any other accomplishments to prove you are the best - such as speaking at seminars in the community or written a book in injury law?

These are the questions that we think are very important to ask when interviewing an attorney. There are no right or wrong answers but the answers to these questions will give you more of an indication as to the qualifications of the attorney you are interviewing. As said above, you only get one shot at your car accident claim, so it is vital that you hire the right lawyer and that the attorney has the experience necessary to get you the best settlement possible for your claim.

Step Three - Choose an attorney you feel most comfortable with and that you trust

This last step is an individual decision. You will be working closely with your lawyer and it is important that you trust the lawyer you hire. At first, when you contact a Phoenix car accident lawyer listen carefully to the person who answers the phone, are they friendly, do they make an appointment right away for you to speak to the lawyer, do they provide a free consultation, and do they answer all your questions. When you meet the attorney ask yourself if you will be able to trust the advice that the attorney gives to you about your claim. An attorney is going to process your claim and it is vital that when the attorney gives you advice that you respect that attorney and trust their advice. Lastly, when you are seriously injured in a car accident, it is important to consult an attorney right away. It is better to consult a lawyer right away and have it be an instance where you do not need the services of a lawyer rather than down the road finding out that you will missed a deadline or a statute of limitations that you did not know about. After all, especially when you can have a free consultation why not at least speak to an attorney.

If you would like a free case evaluation, you can call Phoenix car accident lawyers at Breyer Law Offices, "The Husband and Wife Law Team" at any time. You can also find out more details about our Phoenix Car Accident Guide by requesting our book, "The 13 Biggest Mistakes that will destroy Your Arizona Personal Injury Claim: The Master Guide to Arizona Injury Claims." The book is free too so you have nothing to lose and everything to gain - which is finding out how to most protect your rights and claim.

Bikers are being killed in Phoenix car accidents far too often now. Based on the United States Department of Transportation (DOT) more than fifty percent of bike accidents occur on major roadways. Two percent of all traffic accidents and deaths involve bikers. To me, that is a pretty big number. Why do so many bikers get killed in car accidents?

Many people like to say it is because bikers do not wear helmets. The truth is that in my opinion it is because most motorists are ignorant of their obligations to cyclists. It probably is true that in Phoenix we have a lot more bikers for a lot longer period of time due to our nicer weather as well so we are likely to have more car accidents with bikers than other states.

Types of Car Accidents With Bikers

This is a common occurrence that we receive many calls on regarding Phoenix car accidents and bikers. The most common call we receive is where the driver of the motor vehicle is at an intersection and wants to turn right. The driver will look to the left to make sure no other cars are coming but will often forget to look to the right to see if a biker is coming across the cross walk in front of them. If a driver does not look back to the right and a biker is proceeding across the cross walk, when the driver turns right they crash into the biker. Most often times, it causes a very serious injury for the biker and the motorist indicates the biker came out of no where. Well, if you don't look to the right it will seem out of no where to you. This of course does not account for all car accidents with bikers. There are many different kinds.

Arizona Helmet Laws

Now in reference to the helmet laws in Arizona: Many people in Phoenix and the surrounding areas think that helmets are required when biking. Contrary to what most think, there is no law at all in Maricopa County that says a biker has to wear a helmet - this is true for cyclists and motorcycle riders.

The reports from the Bicycle Helmet Safety Instititute for Arizona areas, from Phoenix to Tucson, in certain areas, require children under 18 to wear helmets but there is no law at all that adults (anyone over 18) have to wear a helmet. In fact, there are very few cities across the United States that mandate that adults wear a helmet when biking or on a motorcycle. Of course, we encourage all cyclists and bikers to wear helmets but just want to point out that just because a biker does not wear a helmet does not mean his injury was his/her fault and that he/she cannot get compensated. Not wearing a helmet is what we call a defense argument. That is the defense attorney can argue that the biker would not have been hurt to the same degree had they been wearing their helmet. Often experts will be hired by both sides to prove/disprove what would have happened in terms of the cyclist's/biker's injuries had a helmet been worn at the time of the crash. This can get complicated but suffice to say if a helmet was not worn and there are serious injuries it does not mean that you do not have a claim. You still may well have a significant claim, it just depends on all the circumstances surrounding the accident and what the lawyer you hire can prove. That's why it is important to hire an attorney who specialized in injury and wrongful death.

Bike Accident Statistics

Based on reports from Phoenix Children's Hospital, more children die from bike accidents than from falls, guns, or poisoning combined. Head injuries are also a leading cause of serious injury in bike accidents. It is said that helmets can lower the risk of a brain injury by up to 85%.

Getting the Help of an Experienced Personal Injury Lawyer

If you or your children are ever involved in a car accident and were the biker, it is best to call an experienced Phoenix Personal Injury Attorney so that you can review all of your options and your best course of action. An experienced Arizona accident lawyer can make sure that a victim is not hurt twice by doing a thorough investigation. The best personal injury lawyers will offer a free consultation, will explain the law and your legal course of action, and will make you feel comfortable so that you can ask any and all questions that you have with reference to your injury claim.