Arizona Accident Lawyer Blog

The dangers to Arizona pedestrians, bicyclists, and motor scooter riders on our streets unfortunately rose up and took the life of an innocent 51-year-old man in Phoenix, Arizona. According to a story in the Arizona Republic, Jeffrey Gilliland was apparently northbound on 31st Avenue when a vehicle turned left in front of him. Gilliland collided with the vehicle and died as the result of injuries suffered in the Phoenix auto accident.

People turning left and causing auto accidents in Phoenix, Arizona and throughout the entire State of Arizona happens so often and it is preventable in almost every case. In particular, people turning left in front of others has reached near epidemic proportions and taken the lives of innocent bicyclists, motor scooter riders, and pedestrians valley wide, ranging from Peoria, Arizona to Mesa, Arizona, from Tempe, Arizona, all the way to Avondale, Arizona, and everywhere in between.

Arizona law prohibits vehicles from making left-hand turns in front of other people and causing accidents. ARS 12-772 prohibits turning left at an intersection when a vehicle that is approaching is close enough to constitute an immediate hazard. Unfortunately for Mr. Gilliland, he was killed in this Phoenix, Arizona traffic accident because somebody thought they could turn quickly enough to avoid the accident, or did not pay enough attention to see him. To make matters worse, whoever caused this accident fled the scene.

Often times, when these kinds of tragedies occur the family is left in a terrible situation financially. Now, the financial situation is usually not the biggest loss or even close to it. However, in this time of tragedy, there may be all kinds of expenses that are incurred, not to mention the terrible loss of income in many cases. While we do not know the specifics in this case, we do know that not only will the police do everything they can to try to track down this hit and run driver, but a good Arizona personal injury lawyer can help somebody who’s been hurt following a hit and run. In this case, when somebody has been killed in a hit and run accident in Phoenix, Arizona, a personal injury lawyer may still be able to obtain compensation for the family. Is this the first priority? Of course not. However, it can be a very important consideration and in certain cases there are ways to actually help this family deal with the financial blow that comes with this unspeakable loss.

A recent story in The Arizona Republic recounts a tragic story in which Family events and celebration turned into tragedy in Ahwatukee, Arizona when a 3 year old girl drowned in a hot tub at the San Simeon Condominiums between Chandler Boulevard and Pecos Road. This was at least the second time that there was a drowning in an apartment complex in Ahwatukee, Arizona in 2008. This is a tragedy beyond belief and our heart goes out to this toddler’s family.

Too often, people are too quick to be judgmental when it comes to these types of Arizona swimming pool accidents. The fact that this family was all out playing together is indicative to us of a loving and caring family. The family was out by the water and spending time together on a Saturday night indicates that it was a loving and caring family. We know nothing about this toddler, we certainly do not know the family. However, we do know that children are killed far too often in Phoenix, Arizona as a result of children drowning in pools and hot tubs. All too often, from Litchfield Park drownings, to Chandler drownings, to Scottsdale drownings, to North Phoenix drownings, to Cave Creek, and beyond we see this tragedy unfold year after year after year.

Many times people will call us as attorneys and ask us if any legal action exists when there has been a child injuries in Arizona. Unfortunately, we have seen over zealous prosecutors go after loving families who have already suffered the worse loss they can suffer the loss of a child. However, many times there are also civil claims, personal injury claims after the drowning death of a child – that exists for these families. Will money ever compensate them for the loss of a child. Of course, not. I would never suggest to any family that’s lost a child that there is any type of personal injury lawsuit related to drowning or any type of lawsuit against anybody that will help with their grief. However, there are claims that may help the family receive some sort of compensation that can help them with counseling, giving to charity, helping siblings and parents cope, and other types of emotional support systems that fair compensation may make easier for some families.

Finally, and we are in no way suggesting this was not true in this case, we continue to urge everybody to remember that that pool of water might as well be a large container of poison when it comes to a child that cannot swim. We hope that by discussing these topics and making people aware – whether it be through word of mouth, articles, or even lawsuits related to drowning and the discussion that follows – that we may do anything possible to reduce the number of these tragedies that occur.

Usually, the people that I write articles about are people we did not know on a personal basis. For one reason or another, their personal accident has been published by a news outlet, and in some of those cases it is worthy of further discussion or illustration.

Almost without exception, everybody I represent has been involved in a tragedy before I met them, or we help a family that lost a loved one before we got to know each other.

I am deeply saddened to write about the loss of a fantastic man, Gerald Hickman. He was also in a phoenix bicycle accident. This news saddens me greatly. He was a brilliant lawyer and phenomenal person. I had personal injury cases against Gerry, and he was a gentleman at all times. A fantastic lawyer yet, in my limited experience, an even better man. Prior to his death - and never contemplating that he would ever be involved in such a terrible incident, I told people that he took about the best expert witness deposition that I had seen.

For anyone who may read this, I hope they understand that the praise is higher than that of a colleague. Gerry was my adversary and a very skilled one. Also, he practiced law the way I believe it should be practiced. When we were not engaged in a deposition or other adversarial proceeding, he was a class act and a pleasure to be around and I enjoyed spending time with him. However, when “the lights came on” and it was time to do our job, he was smart, intelligent, and excellent at what he did.

I hesitated to write anything in this blog about Gerry. This blog is not a place for personal notes, and Gerry was not a “friend” as much as a colleague. I do not want to gain notoriety or attention from this horrible tragedy or even “blog traffic” from such a horrible, terrible tragedy of a man that I knew. However, I thought that this may be as good a place as any to I want to express our condolences to Gerry’s family, his loved ones, all of his friends, as well as his firm. He is going to be missed by many, many people.

Also, instead of keeping my personal admiration a private matter, and since this tragedy is already available on the internet, I thought that anyone who looks it up should know that the admiration and respect for Gerry Hickman was not limited to those on the defense side, those in his firm, or even those that knew him very well. He is going to be a missed by an entire community.

Under the category of “no good deed goes unpunished” a recent story in The Arizona Republic details the tale of Officers Pete Torres and Ricky Alvarado, from the City of Maricopa, Arizona, who are police officers that were participating in a toy run during the holiday season. Along with about 400 other motorcycle drivers – many of which where also apparently police officers doing a good deed bringing toys on a 60 mile roundtrip from Chandler, Arizona to Maricopa, Arizona they were involved in an Arizona motorcycle accident when another biker cut in front of them.

This type of accident raises the discussion of what is often referred to as the “firefighter’s rule” or the “fireman’s rule” which bars police officers from being compensated for their injuries.

Now, in this case there would be a strong argument that Officer Alvarado and Officer Torres do have the right to seek compensation beyond just the workers’ compensation they are probably already receiving.

The firefighter’s rule is an archaic rule that literally dates back to English common law that has evolved throughout the history of the United States to prevent police officers and firefighters hurt while in the line of duty from receiving compensation for injuries they receive while performing tasks in the line of duty. Now, in Arizona police officers have the right to file lawsuits even if they were hurt in the line of duty if their injuries were not the direct result of an incident that they were required to attend as part of their job duties. Until recently, personal injury claims in Arizona involving police officers have always had to contend with a rule that would prevent them from recovering damages. Unfortunately, the Arizona Supreme Court recently agreed that police officers are limited by the firefighter’s rule, even though many states throughout the country are starting to eliminate this rule.

Continue reading " Arizona Motorcycle Accident Results In Officers Being Injured " »

As Arizona personal injury lawyers we see the affects of tragic accidents every day. Although we do everything we can to help people after they have been involved in a serious injury following an automobile accident, we would like to see all of these auto accident injuries eliminated. And although you cannot eliminate motor vehicle accidents, motorcycle injuries, and pedestrian accidents in Arizona, and though we cannot completely prevent tragedy from occurring on our roadways, we should all do everything we can to try to reduce the number of people who are hurt in Arizona auto accidents.

It has long been known that drivers who speed near other vehicles that are not going as fast greatly increase the number of accidents that occur in Phoenix, Arizona as well as the number of serious injuries that are suffered by innocent victims on our freeways.

Now, we know that the speed cameras throughout the valley, from Mesa, Arizona to Goodyear, Arizona, from Glendale, Arizona to Casa Grande, from Scottsdale, Arizona and throughout Phoenix, Arizona are very controversial. We know that people do not like to see revenues go up for the State of Arizona and the different cities and we know many people feel that this is “big brother” type behavior by the government.

However, at Breyer Law Offices as experienced auto accident attorneys, we believe that anything that decreases the amount of wrongful death claims and injury lawsuits – by reducing the number of people who are hurt and need a personal injury lawyer or motor vehicle accident lawyer is a good thing.

Continue reading " Arizona personal injury lawyers discuss serious injury accidents and speed cameras " »

If somebody is bit by a dog in Arizona, can the owner of the dog argue that the victim caused the bite?

For instance, dogs often bite for unexpected reasons in reaction to something that a human does. Sometimes, the person that is bit startled the dog and caused the dog to bite. In other cases, it may be something as simple as holding a piece of food and turning away from the dog or, in many cases that we have seen, petting and playing with the dog and then turning away only to be unexpectedly bitten by a dog that was never before believed to be dangerous.

Many victims of dog bites in these situations blame themselves. Also, the owners of the dogs, understandably protective of the family pet that they love so much, do not blame the dog who has never bitten before but blames the person who got bit.

Who is “responsible” in a traditional sense is really not the question for people who have been bit by a dog in Arizona. Instead, the question is legal liability. In other words, who is responsible to pay for the medical bills, the effects of the scarring, the time from work, and all the other effects of the dog bite? In Arizona the person who was bit, the victim, is almost never to blame as a matter of law.

The only exception to this rule that is regularly seen is what is called under the law “provocation.” In other words, if you have some mean-spirited person who is throwing stones at the dog or poking the dog or purposely trying to set the dog off, thereby provoking the attack, that person is not allowed to make a claim. Or, to put it a better way, they are going to lose if they are found to have provoked the dog. This is an important exception to the law because nobody should be able to gain anything under our system for their own wrongful conduct. However, startling a dog, scaring a dog, or doing other things accidentally – even if they were the cause of an otherwise calm dog snapping and biting – do not create liability on the part of the victim.

With the exception of somebody who provokes a dog to bite, there is almost no defense in almost any case. The victim of a dog bite in Arizona does not have to worry about trying to defend themselves because they were not experts in the handling of dogs, nor do they have to worry about trying to prove that the dog was dangerous. There are many dogs who are not “dangerous” in most circumstances that for unexpected reasons do attack or bite. Under those circumstances, it is the owner of the dog who is liable (usually with the help of their insurance company defending them and paying for their liability) and the victim has the right to make a claim. If you know anybody who is in this situation or you would like more information about a dog bite, be sure to contact a Phoenix personal injury attorney who has expertise in helping dog bite victims after they have been injured.

In Arizona when a dog bites somebody the owner of that dog is liable in almost every case.

That means, even a dog that is not dangerous that bites somebody creates a situation where the owner is responsible for paying the medical bills and all of the other associated losses allowed under the law for the dog bite injury. However, very few people have enough money to pay for their own medical bills, let alone the medical bills of somebody that their dog bit. So, how does somebody who is bit by a dog get reimbursed for their time from work, their pain, their medical bills, and their loss of enjoyment of life, scar revision, or any other effects they have as a result of the dog bite?

The answer usually is not found in trying to get the money from the actual dog owner, but through their insurance. The reason we all have insurance is to protect us if we have liability for something we've done wrong. Although our dog unexpectedly biting someone may not be "wrong" it is something that under the law we are responsible for. Therefore, it is insurance that will often have to protect us from that lawsuit.

That means that the person who has been bit by a dog in Arizona needs to try to seek insurance coverage. This is not always easy.

We have had cases where there was homeowners insurance that would cover the medical bills and the other losses but the owner of the dog refused to provide any information. In some cases, we have had to take these cases through a lawsuit and all the way to a default judgment and a "damages hearing" to get a judge to Order the amount that has to be paid. Thereafter, we have had times where we have had to use that judgment to gain the information we need about homeowners insurance so that our client can be compensated.

If you know somebody who has been bit by a dog and they do not know whether or not there is any responsibility on the part of the dog owner or they do not know if there is any way to get money because the owner of the dog does not have enough money to actually pay, they should absolutely seek an experienced Arizona personal injury attorney to help them through that process.

If a dog bites somebody in Arizona and that dog has never bitten anybody before is anybody liable?

This is a question we hear on a frequent basis from people who call up when they were bitten by a dog from a family that they knew or from a neighbor that they knew. Many times, dogs that are not otherwise dangerous and do not appear dangerous bite for seemingly no reason or they bite someone in a way that is unexpected and truly surprising to everybody who has known the dog. Does that mean that the person who gets bit has no recourse because there was no “negligence” by the owner of the dog?

In Arizona there is no “one free bite” allowance. In other words, in instances of Arizona dog bites, with very few exceptions, the owner of the dog is liable for any injury that was caused. It does not matter if everybody agrees that the dog is not normally dangerous. It does not matter that it can be proven that the dog had never acted this way before and nobody would have expected the dog to bite. Arizona law protects the bite victim, not the dog owner. What should we learn from this? First, if you own a dog make sure you have homeowner’s insurance. No matter how loving dogs are and how much we all love to have them, dogs can act in unexpected ways. Having homeowner’s insurance protects you.

This also tells us that any time somebody has been injured because of a dog bite, even if that dog is not normally dangerous, they have the right to seek compensation. What many people do not realize is that compensation does not have to be sought directly from the owner of the dog, but often through the homeowner’s insurance of the person who owns the dog.

For anybody that doubts the fact that we discuss on a frequent basis - that insurance companies sometimes put their profits ahead of fairness, and sometimes insurance companies cross the line by denying legitimate claims, take a look at the brilliant discussion by the exceptional Florida disability lawyer, Nancy Cavey.

Now, understand that as a personal injury and wrongful death law office, we take on the insurance industry on a daily basis. While the work of Florida disability lawyer Nancy Covey does not deal with personal injury cases directly, her work is further evidence of the wrongful denials of coverage to people who are insured.

The wrongful denial of a insurance personal injury claim can be devastating. In our practice, we have to fight wrongful denials all the time. However, an experienced and well-regarded attorney like Nancy Covey has to fight these battles in the disability area of law.

Until I read this discussion, I had no idea that multi-state insurer UNIM had entered into an agreement to review all of its denials of payment. Now, considering that these reviews would only be claims to which they had already - supposedly - reviewed the claim and made a “fair” decision based upon the facts to deny the claims, how many claims could they possibly now admit to having wrongfully denied?

Continue reading " Personal Injury and Disability Claims Unjustly Denied by Insurance Company " »

While working online I came across a blog, just like this one, that informed people that when filing an auto accident claim in Arizona, the best way to be successful in their claim against the insurance company was to give detailed information requested by the insurance company in their claim forms. This is not true. Be very careful what the insurance companies ask for and whose interest they serve.

This blog is clearly written by somebody related to the insurance company. It is dangerous information. The insurance company of the driver who caused the accident and caused injuries is not on your side. They are not supposed to be on your side. They are never on your side. Their job is to protect their insured. Their insured is the very person who caused your auto accident injury. They are not requesting information because they are somehow objective and want to make sure that they are fair to you. They are requesting information to serve their own needs.

This does not mean that the other insurance company is necessarily "evil" or "out to get you". It does mean, however, that providing detailed information without first making sure – usually through talking to a lawyer and finding out – what is in your best interest is never a good idea. Do not fill out claim forms from the adverse insurance company without making sure you have protected your rights. Do not give detailed information that can be spun and used against you unfairly by somebody who is out to save their money and protect their insured, sometimes at your expense.

Now, when I tell this to people they sometimes object, saying that they are only going to tell the truth. Of course you are going to tell the truth. You are required to tell the truth. You better tell the truth. If you ever want to work with me or my office or any reputable experienced personal injury lawyer you will have to tell the truth. But that does not mean you can trust the other side to be honest and truthful. The more information you give in certain circumstances, the more likelihood they can take things completely out of context and twist them and try to use them against you. It may be true that the truth usually prevails, but to allow the other side – the team that is playing against you, so to speak – to be given all of the ammunition without first making sure that all your "ducks are in a row" following an Arizona auto accident is a big mistake.

If you have any questions about anything else you read online or any automobile accident or legal questions in Arizona, make sure you contact an experienced certified specialist in personal injury and wrongful death. Make sure you are talking to somebody who has answers to your questions that can be trusted, the opposite of what we found and in at least one insurance company run blog.

When somebody is involved in an automobile accident in Arizona they often think that the way to receive compensation for their medical bills, wage loss, pain, loss of enjoyment of life, and all other legal claims is to sue the other person's insurance company. In fact, in Arizona, unlike other states, if you sue only the other driver's insurance company you will have the case kicked out of court. Arizona does not allow somebody to sue the other driver's insurance company. For instance, in an accident in Phoenix if the driver at fault had Allstate, State Farm, Progressive, American Family, Farmers, GEICO, or any other insurance company, and the person who was injured sued one of those insurance companies, they would not have a claim. Instead, they need to sue the driver who caused the accident.

This may sound surprising because the driver who caused the accident probably does not have money to pay for the injuries and the medical bills and all of the other legal claims. That is true. However, the insurance company for the driver in Phoenix, Arizona will step in and pay for the lawyer and pay for any claims up to the policy limits in that case.

Therefore, before filing a lawsuit it is advisable to make sure that you have the right defendant so that an otherwise valid claim against an insurance company following a Phoenix auto accident is not lost because of some technicality or legal loophole used by the insurance companies.

In discussing all of the topics that affect my area of law, I sometimes come across some interesting items addressed by lawyers throughout the country. One post worthy of discussion was written by someone that is among the best-known auto accident and personal injury lawyers in Toledo, Ohio, Charles Boyk.

Mr. Boyk argued that while the public continues to discuss the dangers of driving while talking on a cell phone, one real area of concern comes from the use of text messaging while driving.

For those who are not “tech savvy” text messaging is a way to send written messages from one cell phone to another. If you want to tell a friend something at a time you cannot talk or she cannot answer her phone, you can send a little message. However, text messaging requires the driver to look at their cell phone and pick the person they want to message, type in the message, and then send the message. All - or almost all - of which requires some time where the driver is not watching the road in front of him and runs the risk of causing a car accident while texting. Obviously, reading incoming messages also requires the driver to look away from the road.

Continue reading " Cell Phone Car Accident Study Reveals Texting While Driving More Dangerous " »

Choosing an attorney for a serious personal injury case in Arizona is a difficult decision that an accident victim has to make. Personal injury attorneys handle all sorts of cases. We are experienced attorneys in Arizona and we handle cases such as construction accidents, roll over accidents, automobile accidents, nursing home abuse cases, and all types of serious injuries in the metro Phoenix Arizona, including Tempe, Chandler, Apache Junction, Ahwatukee, Scottsdale, Avondale, Peoria, and Phoenix. There are many things that need to be done when handling a serious personal injury claim in Arizona. Many people do not realize that they can make mistakes at the outset of their case that can destroy their personal injury claim. One of the most important things when you have been involved in a serious accident and have sustained an injury because of an automobile accident, or other incident, is to pick the right Arizona attorney. When picking an experienced Arizona personal injury attorney here are 10 questions to consider asking the attorney. The questions are as follows:

1. Are you a certified specialist in injury and wrongful death law?
2. Is your practice mostly personal injury?
3. Will my case matter to your office or will I just be another number?
4. What is your experience (years in practice?)
5. Do you take cases to trial?
6. What is your reputation in the legal community Arizona?
7. Will you represent me on a contingent fee basis?
8. What happens if I sign up with your firm and change my mind?
9. Do you have malpractice insurance?
10. Ask yourself do I feel comfortable with this attorney?

If you have more questions for an attorney regarding a serious injury from an accident that occurred in Arizona, please feel free to call us, Mark and Alexis Breyer. We are experienced personal injury attorneys in Arizona and we can answer yes to all of the above questions!

When dogs bite children, it is often devastating to the child, the child’s family, and even to the owners of the dog. What is often forgotten about Arizona dog bites is that they usually involve a loving home for the dog, and a family that is surprised that their dog attacked a child visiting their home. For example, we helped a little girl was visiting her aunt and uncle and the normally loving family dog was not used to being around children. The dog attacked the little girl for no apparent reason. In fact, most dog bites occur close to the dog’s home. Statistics show 61% of the injuries occur near a dog’s home. 77% of dog bite injuries are by dogs that act friendly and then react and bite the person.

As personal injury attorneys in Arizona, we have helped many children and adults after a dog bite. However, the time deadline – known as the statute of limitations – for dog bites is short in Arizona. The law in Arizona for dog bite cases requires the dog bite victim to file a lawsuit within one year of the dog bite to have a “strict liability” argument. In plain English, strict liability means that if you file the lawsuit within one year that owner of the dog cannot raise a defense based upon the prior conduct of the dog. Waiting to file the lawsuit until after the first year allows the dog owner to defend the lawsuit if the owner can prove the dog was not dangerous.

If you have been bitten by a dog, it is important to consult with an attorney in Arizona who understands dog bite laws. We are attorneys who focus entirely on people who have been injured. We help people all across the Phoenix metro area, including Tempe, Goodyear, Avondale, Litchfield Park, Glendale, Peoria, Sun City, Sun City West, Chandler, Ahwatukee, Scottsdale, Glendale, Mesa as well as helping people throughout Arizona and residents of other states that were in Arizona at the time of the dog bite. If you have questions and want to speak to experienced child injury attorneys in Arizona about a dog bite or other injury, please feel free to call us. We are a husband and wife law team and understand the intricacies of dog bite laws and injuries in Arizona.

Phoenix is the largest city in the state of Arizona. Many people refer to Phoenix as the Valley of the Sun. The Phoenix Metropolitan area consists of many thriving, growing suburbs such as Glendale, Mesa, Goodyear, Avondale, Litchfield Park, Scottsdale, Tempe, Chandler, and Ahwatukee. Phoenix is currently the fifth largest city in the United States. Phoenix’s population is well over one million people, while the surrounding cities greatly increase the overall population of the Valley of the Sun.

Dog bite laws vary from one state to the next. Therefore, someone who has been involved in a dog bite or bitten by a dog in Arizona has different legal remedies than someone bitten in other states. Arizona dog bite laws are specific, and the laws that govern what a dog bite victim needs to prove are different than they are in other personal injury cases. For instance, in some states the owner of a dog can win a personal injury case if they can show that their dog has no history of being dangerous and that the owner was not negligent in the handling of the dog at the time of the dog bite attack. In Arizona, the laws hold a dog owner responsible for a dog bite even if the dog was not dangerous and the owner did not do anything negligently at the time of the attack.

Arizona probably takes this position with dog bite laws because it wants to encourage dog owners to be extremely careful and to try to decrease the number of Arizona dog bite victims. This is particularly important when it comes to personal injury cases with dog bites, because so many children are bitten by dogs and, all too often we have had to help children with facial scars and injuries from a dog attack. In addition to the large number of children who are victims of dog attacks throughout Arizona, dog attacks and dog bites have led to extremely serious injury and death.

We have represented many children and a majority of children whom we have assisted after a dog bite were bitten in the face. Whether this is due to the height of a child or other behavioral issues with the dogs, scarring to a child from a dog bite can be devastating. If your child has been bitten by a dog and you would like to speak to an Arizona personal injury attorney, please call us direct and we can help.

Be Careful: Arizona Law Puts the Burden on YOU!

Well, that is Arizona puts the burden on you every time you turn left at an intersection. In an effort to try to cut down on the number of serious Arizona automobile collisions, Arizona law requires the person who is turning left at an intersection to make sure all oncoming traffic clears the intersection before turning left. Even if the other driver runs a red light, a ticket will be issued against the person that does not wait for the traffic to clear in most cases. The law reads as follows:

§ 28-772. Vehicle turning left at intersection
The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to a vehicle that is approaching from the opposite direction and that is within the intersection or so close to the intersection as to constitute an immediate hazard.

At Breyer Law, we applaud any effort that is made to decrease the number injuries that take place on our road. We all know that people run red lights, and when turning left, it is best to assume the other cars will run a red light until the prove otherwise by slowing down. That may not be “fair” but, then, “fair” doesn’t matter nearly as much to someone who has just been T-Boned and injured by a red light runner. Better to be safe than to be “right.” We have had to represent too many people whose lives have been affected – or worse – due to left-turns at an intersection. Sometimes the fault “should” lie with the car going straight but, really, why take the chance of a ticket, an auto accident in Phoenix, or worse. We think this is one time that the Arizona law got it right.

Arizona personal injury attorney Mark Breyer answers your legal questions. If you have a question you would like answered, you can fill out a free case consultation form here.

Question: I was pushed to the ground during a fight between my boyfriend and his ex-wife’s crazy new boyfriend. I just tried to separate the fight, and the “new boyfriend” threw me to the ground which caused some brusing and other minor injuries. Can I bring a personal injury case for assault?

Answer: Thanks for contacting us. I am sorry to hear about what happened. You are raising an excellent question, and one which depends very much on the precise facts of the case and upon the potential defendant/assailant. In this case, I do not think there is a case. However, we have successfully pursued many cases involving assault and been able to get compensation for our client.

Unfortunately, in this particular case I do not think there is a case worth pursuing. While in theory a case exists, the time, effort, energy, and costs associated with pursuing the case outweigh the likely result, in my opinion.

There are two issues here. One is civil, the other is criminal. The criminal end is an issue for police and prosecutors, in terms of holding the assailant responsible for what occurred. Whether they would be willing or able to pursue this is something only they would know. While the prosecutors can move forward without a willing witness (such as they often do in domestic violence cases) they are probably less likely to do so, here. Again, this is something to address with the police.

From my end, as a personal injury lawyer in Arizona, there is probably liability here, but not a good likelihood of recovery against the assailant. If we brought a civil case against the assailant based upon these facts - and assuming our version was proven true - we would be able to prove both assault and batter (these are criminal and civil causes of action) as well as possibly a negligence claim against the assailant. We could prove your injuries, and we could seek damages.

Continue reading " Arizona Personal Injury Case As the Result of an Assault? " »

Mesa police have arrested a 39-year-old woman who they say was the hit-and-run driver in a four-vehicle auto accident on November 12, 2008, which killed 63-year-old Ted L. Fletcher and injured two others. According to an article in the East Valley Tribune, 39-year-old Caroline Begay reportedly caused a chain reaction crash near Third Street and Country Club Drive.

Fletcher was crossing the street at an unmarked crosswalk when he was fatally struck by a truck, one of the vehicles involved in that chain-reaction auto accident caused by Begay. Police said Begay spun her rear wheels doing a complete 360 and continued southbound on South Country Club where she stopped her vehicle after making a right onto West 6th Avenue. Police also said she was “belligerent” and showed signs of being under the influence of alcohol. She was arrested on suspicion of fleeing the scene of an injury involved collision and DUI charges.

According to Arizona Revised Statute 28-661 (a), the driver of vehicle involved in an accident resulting in personal injury or death of a person “shall immediately stop the vehicle at the scene of the accident or as close to the accident scene as possible, but shall immediately return to the accident scene.” It is also illegal in the state of Arizona to drive with a blood alcohol content of 0.08 percent or operate a motor vehicle under the influence of any type of drug.

Begay will face criminal charges, but she should also be held civilly responsible for the injuries and death caused. If you or a loved one has been severely injured or killed because of someone else’s negligence please call an experienced and knowledgeable Phoenix personal injury lawyer to find out about your rights and legal options.

Yuma police officials have decided not to file criminal charges in an October 28, 2008 Yuma motorcycle accident, which killed 55-year-old Rodney Duran. According to an article in the Yuma Sun, the accident occurred at the intersection of 16th Street and Avenue B. Duran was riding his Harley-Davidson northbound on Avenue B when 45-year-old Deanna Leinenger who was going south on Avenue B made a left turn on to 16th Street. Duran was pronounced dead at the scene.

Motorcycle accidents, especially motorcycle rider fatalities, have been steadily increasing over the last 10 years. According to the National Highway Traffic Safety Administration (NHTSA), since 1997, motorcycle accident deaths have increased by 89 percent – from 2,116 in 1997 to 4,008 in 2004. The latest 2004 statistics also show that motorcycle rider fatalities have increased for the seventh year in a row. Department of Transportation data also show an increase in motorcycle deaths in the age group of 40 and above in the last 10 years.

It appears that Leinenger was at fault for this car versus motorcycle accident. Although police say she was not under the influence of drugs and/or alcohol, her negligent driving may have caused this accident and fatal injuries. It is very important that the family of Rodney Duran consult an expert Arizona motorcycle accident attorney, who will help investigate this tragic accident and determine who should be held responsible for it.

If you have been seriously injured in an Arizona motorcycle accident, please call the Breyer Law Offices for a free consultation. Like any other auto accident, the accident scene and crashed vehicle must be carefully examined for any and all evidence. Please call us without delay so we can get started on filing your claim and getting you the compensation you are entitled to.