Posted On: January 31, 2009

Motorcycle Accident Fatalities Rising, Motorcyclists Rarely at Fault

The dangers associated with negligent drivers causing injuries to motorcyclists continues to be well documented. Serious injury motorcycle accidents are not limited to Arizona, and these problems exist throughout the country. Respected and qualified Utah motorcycle accident lawyers at the Christensen Law Firm report that fatal motorcycle accidents in Utah increased in 2008. Of those fatalities, the reality is that many were caused not by improper actions by the motorcycle rider, but by the inattention of surrounding vehicles.

After a serious Utah motorcycle accident, residents are forced to seek the best Utah personal injury lawyer possible, just as Arizona residents victimized by the negligence of other driver’s must search for excellent local representation. We take great pride in our representation of families that have lost a loved one in a motorcycle accident. We know Mr. Christensen, and we also have great confidence in his fantastic abilities to help Utah motorcycle accident victims.

It is not enough for a family or seriously injured rider to speak with a lawyer that is “good enough” to handle the legal case. A great motorcycle accident lawyer must be willing to communicate with the client, answer all of the tough questions, tell the client the bad news in addition to the good news, and make sure that a potential client has all of the answers they need to make the best choices. The loss of a loved one or of a primary income after a motorcycle accident is devastating beyond just the overwhelming emotional toll. It is why we have taken such pride our client communication over the years, and why we are so comfortable recommending the Christensen Law Firm to Utah residents searching out the best possible representation after a serious injury.

Posted On: January 30, 2009

Phoenix Bus Crash Sends 26 To Hospital

A recent Phoenix, Arizona school bus accident made national news when the bus driver lost control and caused personal injuries after being involved in the bus crash. According to a story in the Arizona republic, Alfonso Saavedra, 46, said he lost consciousness after the first of 13 collisions on 67th Avenue as he carried a busload of Western Valley Middle School students home from school.

Serious injury Phoenix bus accidents lawyers know how important it is that the victims of this bus collision know their rights and limitations. As experienced Phoenix, Arizona personal injury lawyers, we know that there will be far to many people involved in this bus accident that will miss the very short deadline to make a claim.

When involved in a bus accident in Arizona, there is usually a 180 day deadline to file a Notice of Claim. The failure in this case to file a proper notice of claim, served on the correct defendant, in the very short time limit of less than six months, will result in people losing their rights to pursue a claim.

26 people were sent to the hospital when the school bus carrying 45 Phoenix students went careening out of control. Most would assume that this means that everybody in this crash will necessarily have a right to recover personal injury compensation after the bus accident for medical bills, wage loss, and all other out of pocket expenses. The unfortunate reality is that the school bus driver who may have caused the crash was an employee of an Arizona school district. The bus driver, who reportedly became unconscious, worked for a school district. That means that they are protected by an unfair – but currently valid – law that requires all injury victims to file a Notice of Claim. The normal statute of limitations after an Arizona bus accident is two years. That means that personal injury claims after a car accident can be filedin court up to two years after the car wreck, allowing the victim time to recover from the injuries before hiring the best Arizona personal injury lawyer they can find. However, with just a 180 day window in which to file a much more detailed “notice of claim” it is a near certainty that there will be many people injured in this bus accident that – by the time they go searching for an experienced lawyer or certified specialist in Arizona injury and wrongful death law – will have missed the time window to file.

To further complicate this case, the cause of the bus driver’s reported incapacitation – if true – may be sued the school bus driver’s district to try to avoid paying the claim. Also, the statute of limitations and time periods for the kids on the school bus are different than for the adults that were not in the car.

Most importantly, we hope that everyone involved in this collision will be OK. If the reports are correct, all of the children on the bus avoided physical injury, and for that we should all be thankful. Nothing is more important than health. However, the importance of getting reimbursed for mounting medical bills after the bus accident, money for money lost from work after the bus crash, and compensation allowed for pain and suffering and loss of enjoyment of life will become necessary for many of these victims. These victims need to immediately speak to an experienced Phoenix, Arizona personal injury lawyer to protect their rights. At Breyer Law Offices, we take great pride in the ability to protect our clients and help them and their families get back on their feet after a serious injury. We always tell our clients the strengths and weaknesses of any case, and provide all clients the information they need to ensure that they will receive the compensation they are entitled to under Arizona injury law. If you or anyone you know was involved in this or any other Arizona bus accident, please contact us to receive the information that will help you avoid losing the right to compensation that may exist after this terrible incident.

Posted On: January 29, 2009

Arizona Tour Bus Accident Claims Life

Our heart goes out to the family of Kathy Wetherell of Van Nuys, California. It has been reported that she was tragically killed when her vehicle struck a tour bus head-on on State Rout 74 east of Wickenburg.

It was reported that Ms. Wetherell may have been trying to avoid an animal when she steered into the path of the bus. Whatever happened, it certainly cannot undo the tragedy of this horrible wrongful death on our Arizona Highways. Also, we do not know, from the limited report available, whether or not Ms. Wetherell was in fact trying to avoid a vehicle and if so, what vehicle.

However, this does raise a question that we have seen before as personal injury lawyers in Arizona. We have seen owners of cattle and other livestock fail to properly fence in their property to avoid the wandering of livestock into the roadway. What is going to happen when the owner of livestock does not keep the fence properly secured and allows the livestock to roam right into the pathway of an oncoming car. Tragedies such as this. While we do not know whether or not Ms. Wetherell was a victim of this type of negligence, it must be stopped. The people who own livestock must be held accountable for their actions. Owners of livestock know that livestock will roam. They know that if livestock roams in the way of an innocent motorist, serious personal injury or tragic wrongful death is likely to occur. When that happens, that is a pure negligence case. Lawyers, such as Breyer Law Offices, help people and families bring claims that have suffered as a result of the negligence of others.

Of course, whether in this incident or any others, and even where it is the result of a negligent act of another, the decision whether to bring a wrongful death claim in Arizona is not an easy one. There are many decisions a family must make. It is not simply a matter of whether or not there is a valid wrongful death claim as a result of wandering livestock, or a valid wrongful death claim as a result of a negligent motorist, but whether or not it is the right decision for that person and that family to pursue the claim. Not every claim that exists under law needs to be brought into the courts. However, a family should be able to speak to someone who will give them honest answers so they can make the best decision for themselves in deciding whether or not to consider or pursue a claim.

Posted On: January 28, 2009

Arizona Drunk Driving Accident Victims Continue To Mount

Add six more victims to the long and growing list of drunk driving accident victims in Arizona.

It was reported that the Chevy turned left in front of a Mercury Cougar near Southern Avenue and Signal Butte Road. It is believed that at least one of the drivers of the vehicles was driving under the influence of alcohol. We must continue to do everything possible to decrease the number of drunk driving accidents and drunk driving serious injury and wrongful death cases that emanate from people who just don’t care. And the people who get behind the wheel after they have been drinking and risk the health and safety of innocent people. Getting behind the wheel after drinking and driving is almost always a selfish act and it needs to be eliminated. With one drunk driver, it appears that at least five other innocent people who were not drinking and driving have been seriously hurt to various degrees.

It is true that there are criminal courts to handle drunk drivers. But how much to criminal courts help the victims who have suffered personal injury as a result of drunk drivers? What can an Arizona trial lawyer do to help drunk driving victims after such a crash? The reality is that it is a personal injury lawyer that can do more for victims of these kinds of cases than the criminal courts in most situations. The criminal courts will only provide limited restitution, whereas a personal injury lawyer can help the victim of a drunk driver recover monies for medical bills, lost wages, loss of enjoyment of life, loss of abilities to do the normal life’s activities, and every other injury and compensation for all of the pain that innocent victims of drunk driving have to live with.

However, the decision to bring any lawsuit or file any claim is usually a difficult one. Knowing that there is adequate representation, and deciding whether to bring a claim is the right decision requires first speaking with an experienced personal injury trial lawyer in Arizona. We are always happy to answer any questions that people may have so that they can make the best decision for themselves and others following such an accident. However, with drunk driving accidents in Phoenix, AZ, we believe that people who drink and drive should be pursued not only in the criminal courts, but also by the personal injury victims and by personal injury lawyers in the courtroom to hold them accountable for the harm and devastation they often cause by their selfish acts.

Posted On: January 27, 2009

Man Gets 14.5 Years For Fatal Police Chase Accident

The Tucson, Arizona Police Department got this one right, as personal injury lawyers in Arizona who have handled police misconduct cases, we are often critical of the policies that police officers are required to follow. In other words, while most police officers do the best job they can and they put their lives on the line for all of us daily, there are certain policies that we question. While many misconduct cases have to do with rogue police officers and bad conduct on the part of individuals, sometimes it is not the officer but the policy that comes into question.

For instance, we have seen far too many innocent people killed due to high-speed chases that were unnecessary. In these cases, it is the policy of many police departments to allow high-speed chases of people who are not a danger to anybody else.

However, the recently reported sentencing of Jose Antonio Del Cid shows an example of a kind of high-speed chases that are probably necessary. In that case of armed road rage, a gun had been pulled and the police were pursuing the people who were in imminent danger to other innocent citizens in Tucson. The passenger in that vehicle was killed, and Mr. Del Cid was properly sentenced to more than 14 years in prison.

Thus, we use this as an example of why high-speed chases are the exception, but should not be the rule. Armed road rage and somebody pulling a gun raise obvious issues and, depending on a totality of the circumstances, will often require high speed police chases in Tucson, Arizona and throughout the state of Arizona. However, we continue to call for more discretion in the policies, that there be a banning of high-speed chases that do not involve drivers who are creating an imminent danger to other members of the public.

As Arizona lawyers who have helped people after police misconduct, we know that any case against police officers is very difficult. More importantly, we recognize that many people who perceive police abuse actually have no case and, in some cases, do not deserve to have a case. On the other hand, even those of us who support the police the strongest must recognize that there are certain bad police, certain bad officers, certain people that do not just put their lives on the line to protect us, but abuse the power that we entrust to them. However, deciding whether or not to bring a claim is extremely difficult when it comes to bringing a lawsuit against the police in Tucson, Phoenix, or anywhere in Arizona. Moreover, there is a lot of investigation that needs to be done and a lot of difficult questions that need to be answered.

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Posted On: January 26, 2009

California Rejects Emergency Room Balance Billing

According to nationally known California injury lawyer John Bisnar, The California Supreme Court took a step that we wish Arizona would take and rejected emergency room balance billing at the expense of Arizona car accident victims.

While California injury victims look for the best accident lawyers in the state, we are certain they often come across Bisnar Chase, a firm that has more than earned its stripes and reputation throughout the state and, in large measure, throughout the entire country. However, as an Arizona personal injury lawyer that fights every day to increase the compensation received by my clients in personal injury claims in Arizona, I was impressed with this California decision. California rightfully rejected the attempts by hospital to collect two payments from injury victims - one from the health insurance company, and one from the personal injury case settlement.

Unfortunately, the laws in Arizona allow this type of double collection. If someone is badly hurt in an accident and does not make a personal injury claim, the hospital is limited to collecting from the health insurance carrier - they way it is done in every other situation. However, if someone in Arizona goes to enforce their legal rights to receive just compensation, the Arizona hospitals are allowed to make a claim against the settlement - increasing hospital profit at the expense of the seriously injured, often disabled Arizona accident victim.

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Posted On: January 25, 2009

Arizona Light Rail Could Help Prevent Fatal Auto Accidents

As Arizona personal injury attorneys, we are thrilled to see anything that is done that will decrease the number of serious injuries and wrongful death claims and lawsuits. To be more specific, there are far too many serious injuries that are caused by car accidents. Anything that can be done to reduce the number of injuries – particularly serious injuries and wrongful death in Phoenix, AZ– should be done. In this way, we applaud the use of light rail throughout Tempe, Arizona, Phoenix, Arizona and everywhere that the newly installed light rail travels. We understand light rail was not approved by the voters primarily to increase safety for those of us who live in the Phoenix area. Having said that, this is a real potential benefit of the light rail system.

However, with new opportunity some times comes new risk. The recent Tempe light rail train accident with a truck raises a huge “red flag” in terms of the safety afforded by light rail. While we are confident that light rail can ultimately reduce the number of serious injuries from auto accidents, as experienced Arizona accident lawyers, we all foresee the potential risks of a newly installed light rail system.

To make matters worse, somebody injured in a light rail accident from a car crash only has 180 days in which to file their notice of claim or they will lose all their rights. For somebody seriously injured after a light rail train crash, this affords them very little time to get over the initial injuries, hire a lawyer, do the investigation, and get all the proper paperwork filed.

Everybody involved in a light rail train crash, or any other train accident, need not consider it an “automatic” that they should file a lawsuit. However, it should probably be close to an “automatic” after a serious injury that a lawyer be consulted. An experienced Arizona personal injury lawyer can help answer the questions that are necessary for the family to make the right decision for them after such an incident. Considering the limited time frame to file a claim or lawsuit after a car accident in Arizona, speaking to experienced lawyers that are able to answer the important questions is a vital first step in making the right determination. And, where a lawsuit is appropriate, experienced and knowledge Arizona trial lawyers may be the most important asset a family has when they are struggling after an unexpected serious accident due to the negligence of another.

Posted On: January 24, 2009

Insurance Bad Faith in Arizona

As Arizona auto accident lawyers, we spend much of our time fighting with insurance companies to simply provide the legally required compensation our seriously injured clients deserve. On a regular basis, we see the insurance companies deny fair and honest claims from deserving victims. Now, we know that insurance is a vital part of our economy. We not only understand that insurance companies are trying to make a profit - we applaud them for following the path of almost every successful business and industry in our fantastic capitalist economy.

However, what we cannot applaud is the constant abuse of the power and resources. The ongoing decision to not only deny claims that are in actual dispute, but to create disputes on things that are obvious and not open to debate.

Many seriously injured people blame someone else for the injuries they have suffered. Sometimes they are correct, while other times there is a legitimate dispute between the parties as to who was negligent, or which driver caused a serious car accident, and that is where the best personal injury lawyers in Arizona need to step up and fight for their clients.

On the other hand, to see cases where both the injured person as well as the independent witnesses all blame the insurance companies insured driver for running a red light - and still be forced to file a lawsuit because the insurance company hopes to delay or deny payment - is unacceptable and, unfortunately, common.

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Posted On: January 23, 2009

Arizona Bus Accident Safety

The recent confidential settlement involving the tragic bus accident in which nearly 70 people were apparently injured or killed brings to light the important subject of bus accident safety. More specifically, it brings to bear the question as to whether or not there should be seatbelts in all buses for passenger safety. Currently, the law in most states, including Arizona, do not require seatbelts to be installed in busses. Meanwhile, there are laws requiring seatbelt usage among passengers and drivers for almost every other type of vehicle.

This tragic accident presents a great example as to why seatbelts should be considered and probably required in all buses. In this case, the driver of the bus accident which killed so many people was uninjured because he was the only person in the bus who is afforded a seatbelt. It was reported that almost everybody on the bus was ejected during this terrible crash, but the driver’s seatbelt kept him strapped into his seat safely.

The question of bus accident safety and bus accident injuries is much bigger than this particular crash. As Arizona bus accident injury lawyers, we know all to well the fact that bus accidents are going to occur. Everything can be done to decrease wrongful deaths in bus accident cases, but they will not be eliminated. However, we must do everything possible to ensure the safety of bus passengers in traffic accidents.

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Posted On: January 22, 2009

Arizona Personal Injury Claims In Bad Economic Times

As a certified specialist attorney in injury and wrongful death by the State Bar of Arizona, I am regularly asked about car accidents, how to pursue a wrongful death claim, whether money damages are difficult to prove, and other similar questions. Some questions are as predictable as they are vital to someone who has been seriously injured regardless of where they come from in Arizona. The Mesa, Arizona resident that wants to know how long a personal injury case will take from start to finish has the same issues as the Glendale, Arizona injury victim or the Goodyear injury victim seeking a personal injury lawyer. Some questions asked by people considering hiring a personal injury lawyer in Arizona are affected by where they are located in the state, such as the make-up of the jury, the number of local judges, or even the time it will take to move a case from start to finish.

However, I doubt even the most skilled Arizona personal injury lawyer would have suspected that a common question in 2008 and 2009 to an Arizona injury and accident lawyer would be what affect the economy has on our practices. The answer probably varies from lawyer to lawyer and case to case. In personal injury, the biggest threat the economy poses to someone who suffered a serious injury is from the defendant going out of business, or the insurance company going bankrupt. If the negligent defendant that causes a serious injury has no money, that will have a direct and often financially catastrophic effect on the innocent and injury person. However, for the most part the key questions that people need to ask when hiring experienced Arizona personal injury lawyers does not change whether there is a good economy or bad economy.

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Posted On: January 21, 2009

Arizona Bicycle Accidents On The Rise

A recent news report demonstrated the dangers of bicyclists on Arizona streets once again when a teenager in Glendale, Arizona suffered a personal injury while riding his bike. While we do not know who was at fault in this particular Arizona bike accident, it is far too often for us to be forced to come to the aid of people who are seriously injured while riding their bikes in the streets of Arizona.

To make matters even more complicated, personal injury claims related to bicycle accidents have the additional challenge of facing an ultimate trier of fact – a jury – who is usually filled not with bicyclists but with motor vehicle drivers who find bicycle riders on the roadway an annoyance.

In fact, those lawfully riding their bicycles on our roadways have every bit as much right to that road as the driver of vehicles. However, all too often we see serious car accidents and serious injuries throughout Phoenix, Arizona as a result of negligent drivers who are not even paying attention to the bicycles around them. To make matters worse, no matter who is at fault it is almost always the bicycle rider who suffers serious personal injury and needs to seek help from an experienced Phoenix, AZ personal injury lawyer, while even the at-fault driver in the car accident is almost always unharmed in these scenarios.

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Posted On: January 20, 2009

Dangerous Roadways Contribute To Arizona Auto Accidents

As the West Valley of the Phoenix Metropolitan Area continues to grow, we see some unfortunate and oftentimes preventable accidents from Surprise, Arizona and throughout that area of the city. Automobile accidents in El Mirage and the surrounding communities may not be as frequent as automobile accidents and personal injuries in Mesa, Arizona, but the reduced frequency of serious injuries in Waddell and Youngtown do not decrease the terrible impact upon those who are injured.

For instance, it has been reported that a teenage boy suffered serious personal injury when he was struck by a vehicle at Cactus Road and the Loop 303. Surprisingly, it was reported that this intersection where the teenager was struck did not have any traffic signals, nor did it have a painted crosswalk.

Negligently and dangerously designed roadways lead to serious personal injury and wrongful death in Arizona on a regular basis. Our point here is not that this is necessarily a dangerous intersection, nor are we passing judgment on what caused this incident as we do not have many details. However, the fact that we have an intersection without any traffic control devices raises the question as to whether or not these serious injuries were preventable. And, even if there was absolutely no fault in the design or maintenance of these Arizona roads, most experienced personal injury lawyers have had to take on Arizona State and city governments as a result of serious injuries suffered by Arizona residents due to poorly-considered roadways.

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Posted On: January 19, 2009

Arizona Medicare Patients Can Have Medical History Kept Online

According to published reports, Medicare recipients in Arizona have the opportunity to take part in a pilot program that allows their medical history to be kept online.

As personal injury lawyers in Arizona we often help clients overcome the inaccuracies in many medical records. Medical records in personal injury cases are often one of the most important pieces of evidence. Unfortunately, for car accident lawyers in Phoenix, Arizona and throughout the state, we see far too many people injured in car accidents who are stuck trying to explain away medical records that are either completely inaccurate or so incomplete as to raise questions about the injury they suffered.

With this new program, patients will have apparent control over their medical records. This will give injured people the opportunity to review medical records online and make sure they are accurate and take any necessary steps prior to filing a personal injury lawsuit in Arizona.

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Posted On: January 18, 2009

Repeat Drunk Drivers Responsible For 60% Alcohol Related Fatalities

Did you know that repeat drunk drivers are responsible for 60% of alcohol-related fatalities? Well, neither did I, until I came across that interesting fact and about 1,000 others provided by Chris Davis, the outstanding Seattle personal injury trial lawyer. I have met Mr. Davis on a number of occasions, and he never fails to impress. It is evident from in-person meetings and from his blog and website that he takes his clients seriously. More importantly to me, and to Seattle car accident victims searching for the best Washington State serious injury accident lawyer, he has tremendous ability to get the job done, gather facts and resources beyond what most could even contemplate, and go on the offensive.

As a Phoenix, Arizona personal injury lawyer, I continue to be overwhelmed by the ongoing tragedies that occur every day as a result of drunk drivers. Now, through Seattle Accident Lawyer Chris Davis, I come to find out that over half of all the wrongful death cases due to drunk drivers are the result of repeat offenders? This is unacceptable. It is time that we, as a community and as a nation, start taking drunk driving seriously. It is time we consider a zero-tolerance policy. One DUI - no more license. Why such an extreme reaction - because we have an extreme problem. The one night in jail and up to one year of no license is not working well enough. If we can save a single car accident victim from having to suffer through years of pain by enacting such a law, it is time to get it done.

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Posted On: January 17, 2009

Cell Phone Chatter Contributes To Arizona Auto Accidents

We spend our lives helping people who have been seriously injured, or families who have lost a loved one due to wrongful death. Very often, these tragedies take place on our streets, our roads, and our highways. Our clients come to us seeking the best Arizona personal injury lawyer that fits their needs and has expertise in this area of the law, and we do all we can to help them out.

However, we would like to see anything and everything possible be attempted to reduce serious injury car accidents. One clear way to do this is to reduce or eliminate the number of accidents that take place while people are talking on their cell phones.

To that end, we applaud the analysis of Kentucky personal injury lawyer Schafer. Mr. Schafer takes the controversial - but absolutely correct - position that accidents caused due to cell phones cause far too much damage and wreck far too many lives to allow it to continue. Whatever legislation or action must be taken - banning cell phone use, arresting those who cause accidents when on a cell phone, or any other step - may be very frustrating to everyone who owns a cell phone and wants to talk while driving. However, as the excellent Kentucky injury lawyer Mike Schafer points out - if even one victim is spared as a result of a cell phone law, it is worth it.

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Posted On: January 16, 2009

Arizona Auto Accident Victims - And Your Legal Rights

Hit and run accidents that cause serious injuries raise so many questions that many victims do not know if they have any legal rights, and they do not know where to begin. Arizona hit and run accident victims sometimes allow their rights to be lost by failing to contact an Arizona personal injury lawyer to determine if a claim can be made even though the negligent driver in the car accident cannot be found. The reality is that there are often ways that there can be a full recovery or significant financial recovery for the serious accident victim even after a hit-and-run accident.

One of the key sources of payment of medical bills, lost wages, compensation for pain and loss of enjoyment of life comes from uninsured motorist coverage. Even for people that pay for this vital, extra layer of protection, they often do not realize it may protect them following a hit and run accident.

One excellent discussion of the issue that we found was at the site of the Christensen Law firm in Utah. We know Mr. Christensen, and he is an outstanding person and undoubtedly among the best Utah personal injury lawyers that is available to serious injury victims in the state. His discussion of uninsured motorist is enlightening to people beyond just Arizona, and worth a quick read.

For people who have suffered serious injuries due to a negligent driver that left the scene of an incident or did not have insurance, they may feel they have no rights. However, an excellent auto accident lawyer in Arizona or Utah - or anywhere else in the country- should be able to answer all of the questions that exist to allow the family or person to decide whether to make a claim, when to make a claim, and what kind of claim that should be made. Not every possible legal claim that can be brought necessarily should be brought, but it takes the right lawyer to help a family gather the proper information and make the best possible decision. It is why excellent personal injury lawyers like Mr. Christensen are so vital to people who have been injured in Utah and elsewhere - to not just know the legal answers, but to provide that vital information to a family in need.

Posted On: January 14, 2009

Man Accidentally Killed By Friend At Construction Site

A report by Brandon Ortiz dated November 29, 2008 stated that L.B. Ellis had sustained fatal construction site injuries while working with his good friend. The friend was not identified but authorities say that both the men were excavating on private property next to a Water Park. Andy Croley said the worker jumped out of his dump truck for unknown reasons and was crushed by his friend operating the excavator as he came between the two machines.

Croley stated that the excavator operator was “a dear and personal friend” to Ellis. As a result no charges will be filed against the excavator operator and the incident is declared an accident, a most tragic one at that.

All too often, serious injuries are suffered on construction sites in Arizona under similar circumstances, where well-meaning construction workers do not follow every safety principle and serious injuries or wrongful death occur. Sometimes, as in this case, it is ruled a mere accident. Many other times, there are companies or people that took shortcuts and failed to act safely at the job site, which led to a serious injury or worse.

The causes of construction accidents can vary depending on the type of job. Falling objects, live electrical wires, explosions, malfunctioning equipment, and slip and fall type injuries are common construction accident hazards on many sites. Negligent general contractors, sub-contractors, vendors, and employees can cause many of these dangers, which often prove extremely dangerous to construction workers at the job site. In fact, construction accidents often cause life-threatening conditions, require amputation or extensive reconstructive surgery, and tragically leave innocent victims with brain injuries, disfigurement, and other conditions that impact their ability to hold down a job or even pay for their own care.

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Posted On: January 10, 2009

Arizona Construction Workers Need Personal Injury Lawyer Case Reviews

Construction workers who have been injured in an accident in Arizona have rights that should be protected .

Far too many workers who have been seriously injured in Arizona construction site accidents failed to seek personal injury lawyers to help them sort out their rights and remedies under the law.

Most construction workers are well aware that if they suffer personal injury while on the construction site, they can seek workers’ compensation. However, many workers injured on the job in Arizona discuss these cases with personal injury lawyers. The reality is that people who are injured in Phoenix, Arizona construction site accidents often have remedies against other sub-contractors and workers on the job who negligently violated OSHA standards, other safety standards and therefore caused their injuries. As the construction boom hit Arizona until recently, there was a big buildup in construction and therefore construction accidents from Glendale, Arizona, to Cape Creek, Arizona, to Mesa, Arizona, to Tempe, Arizona, to Chandler, Arizona, to Goodyear, Arizona, and throughout the Phoenix and Tucson metropolitan areas. Because of a huge boom in construction we saw a huge boom in construction site accidents. These injured workers have a right to not only receive the limited recovery available through workers’ compensation, but actually receive the full wage loss that they have suffered, full compensation for their pain, full compensation for their disability, that is only available in certain construction site accidents with the help of experienced construction accident injury lawyers in Arizona.

It is important, due to the statute of limitations related to construction site accidents, that people who have been injured on the construction site or on the work site speak immediately not just to a workers’ comp specialist, but to a specialist in personal injury and Arizona wrongful death law.



Posted On: January 9, 2009

Arizona Freeway Truck Accident Raises Questions

It’s been reported that two women were hurt in an Arizona truck accident when they were westbound in their 2006 Nissan Titan when they were rear ended by a car-hauler truck on I-10 near the Sonoita exit.

As an experienced personal injury lawyer helping victims in trucking accidents in Arizona, we have to say that this type of accident raises many questions. How would a car-hauler rear end another vehicle on I-10 and cause such serious injuries? Was this a case of simple negligence, or is the case of a fatigued driver that caused serious personal injury.

We have no basis upon which to make a determination from the information that has been reported. However, there are federal regulations protecting drivers in Arizona to help prevent them from suffering serious injuries in trucking accidents. Our highways throughout Arizona are filled with examples of fatigued truckers who did not follow federal regulations and therefore fell asleep at the wheel. This state of constant fatigue in an attempt to make greater profits while risking serious injury to state residents in Arizona big rig accidents is unforgivable.

We cannot say whether or not fatigue was directly involved in this case and whether punitive damages would be appropriate. However, we can say that it is vital that victims in accidents such as these where a tractor trailer runs into the rear end of somebody make sure that they immediately seek experienced personal injury consultation. Within six months after an accident one can expect the trucking companies to attempt to destroy many of the records that may be able to prove whether or not that trucker was driving over his federally limited and required hours. As a result, immediate consultation with experienced trucking lawyers in Arizona after a rear end by a tractor-trailer or big rig is vital. Eighteen-wheeler accidents can happen even with the best of drivers. Mistakes can happen in almost any situation. However, a red flag certainly goes up with accidents like these and others.

Posted On: January 8, 2009

Arizona Underinsured and Uninsured Motorist Coverage

Arizona car accident victims have a bigger problem to contend with than ever before. According to a new study, almost a quarter of all drivers in Arizona do not have any car insurance. To make matters worse, a recent study shows that there is an increase in the number of people who are dropping their insurance and, for those people who are not dropping insurance entirely because of the terrible economy, there is an increased number of people who are decreasing the amount of insurance that they carry. As a Phoenix personal injury lawyer helping injury victims in motor vehicle accidents throughout Arizona, this is a huge red flag and warning to all Arizona drivers.

It is vital for everybody to purchase adequate amounts of Arizona underinsured motorist coverage and uninsured motorist coverage policies. If more than 25 percent of all drivers do not have insurance, that means that likely more than 25 percent of all motor vehicle accidents are caused by people without insurance. As lawyers helping people from Scottsdale, Arizona, to Tempe, Arizona, to Globe, Arizona, to Mesa, Arizona, and throughout the East Valley and the West Valley, we have seen far to many people who have been tragically injured but did not have enough insurance coverage to protect them.

If somebody suffers a serious personal injury in Arizona and the other driver does not have insurance, their best chance of getting any recovery for their lost wages, their medical bills, their loss of enjoinder of life, their pain, their disability, and all their other injuries comes from having purchased underinsured motorist coverage before the accident happened. In many cases, the only recovery in a serious automobile accident in Arizona will come from the uninsured motorist coverage policy. Also, with people decreasing the amount of coverage, underinsured motorist coverage is equally vital.

Moreover, the cost of underinsured motorist coverage and uninsured motorist coverage is relatively small. Less than 10 percent of the cost of the rest of the policy is usually added by simply adding these vital features.

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Posted On: January 7, 2009

Peoria, AZ Automobile Accident Claims Life of Bicyclist

Another bicyclist was tragically killed in an auto accident in Peoria, Arizona. On 88th Avenue and Beardsley Road a truck was driving outside and to the right side of the curb lane and struck and killed the bicyclist. The truck driver who caused this wrongful death in this Arizona bicycle accident did so and immediately left the scene, but later told his wife who called the police, according to a news report.

Something must be done to prevent Phoenix accidents and Arizona bicycle deaths. There are far too many people who are not paying attention on our roads. Moreover, the fact that there was a hit-and-run bicycle accident that killed somebody raises even more questions as to what evidence was lost – and what advantage was gained – by the truck driver who caused the bicycle accident in leaving the scene.

As a personal injury lawyer in Arizona helping people after bicycle accidents, we have seen far too many times when bicycle accidents are caused through the negligence of drivers who are not paying attention. Also, we have the terrible effects of serious injuries after bicycle accidents to our clients.

Our thoughts and our hearts go out to the 65 year-old who was on his bicycle in Peoria, Arizona when he was fatally struck by this pick up truck who, for whatever reason, left his lane and struck and killed the bicycle driver, resulting in an apparent wrongful death in a bicycle accident in Arizona. It will take, in all likelihood, a full police investigation as well as a proper investigation by an experienced personal injury lawyer in Arizona bicycle accidents, along with the right reconstruction experts to help determine everything that occurred in this case and to further determine what rights are available to the surviving family of this tragically killed bicyclist in Peoria, Arizona.

Posted On: January 6, 2009

Good Samaritan Law Raises Questions

As a personal injury and Arizona wrongful death lawyer, the fact that we are writing about the story may surprise many people. First, we do not practice law in California and we only help the seriously injured victims of personal injury in Arizona. Also, since the California Supreme Court ruled that there is liability for those who cause injury while acting as a Good Samaritan, some may believe that as a personal injury lawyer we would applaud the increased ability to file lawsuits toward victims.

However, we think this decision is a tough call and, at least based upon the limited information available, expect a jury will not find liability against the “good Samaritan” who helped out at the scene of the terrible car accident that left the plaintiff a paraplegic.

In this particular case, Lisa Torti is the defendant in a lawsuit where she was alleged to have worsened injuries suffered by Alexandra Van Horn by "yanking her like a rag doll" from a wrecked vehicle. In other words, because she stopped to help the plaintiff, she is being sued for alleging causing more serious injuries following the auto accident.

In spite of this court ruling, we are not aware of any juries that have ruled against those who, while acting as Good Samaritans, have come to the aide of people who are injured. In other words, all this ruling does is place the personal injury lawsuit before the jury, where a jury can decide whether the defendant has any liability in this case.

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Posted On: January 5, 2009

Tuscon Bicycle Accident Critically Injures Man

It has been reported in many places about the terrible accident involving bicyclist Gary Stuebe from Surprise, Arizona. This bicycle accident in Tucson during the El Tour de Tucson occurred when 91-year-old William Arthur Wilson ran into the bicyclist with his car. Injuries from bicycle accidents in Tucson, Phoenix, and throughout Arizona need to be decreased drastically. Too many bicyclists are suffering personal injury because of negligent drivers. What can be done to decrease the amount of dangerous driving and negligent drivers that cause personal injury in Arizona?

It has become clear that because of the importance of driving, our government is unwilling, or unable, to take away driver’s licenses from people who have no business on our roadways. Driving throughout the streets in the valley, throughout Phoenix, from Scottsdale, Arizona all the way to Litchfield Park, Arizona and everywhere in between is a continual reminder that there are drivers who are not paying attention, and yet there are no repercussions. Driver’s licenses do not get taken away from negligent drivers.

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Posted On: January 4, 2009

Chandler automobile accident with tractor trailer causes death to driver

Another driver was killed in an Arizona auto accident involving a tractor-trailer/big rig on Arizona highways. On I 10 it was reported that somebody was killed when the vehicle they were driving was rear-ended by a Freightliner truck around 2:00 in the morning just south of Chandler, Arizona. However, this type of early morning collision, involving being rear-ended by a Freightliner, could very well have been caused by a truck driver who was fatigued.

Truck driver fatigue leads to fatalities on Arizona highways on a regular basis. There are a long series of federal regulations and laws all designed to prevent truck drivers from risking the lives of Arizona residents. When a big rig hits an innocent victim on Arizona freeways, the likelihood of surviving that crash is far less than it would be for an otherwise negligent vehicle driver. The sheer weight of these big rigs greatly increases the risk of auto accident injury on Arizona roads.

Obviously, this type of accident is not confined to Chandler, Arizona, as we have seen these types of collisions and truck accidents throughout Phoenix, Arizona, Tucson, Arizona, all the way up to Flagstaff, Arizona, and everywhere in between.

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Posted On: January 3, 2009

Metro Light Rail in Phoenix Won't Help Curb Drunk Drivers

Phoenix car accident attorneys discuss why the Metro Light in Phoenix should stay open later to prevent serious injuries in car accidents to Arizona residents

Metro Light Rail in Phoenix, Arizona is making a big mistake in our opinion in closing down early. Too many Arizona residents are killed in drunk driving accidents every year. Too many of our clients with personal injury cases resulting from drunk drivers on the streets of Phoenix, Arizona, Tempe, Arizona, Mesa, Arizona, Glendale, Arizona, and many other places the Light Rail does or will run are injured because people leave bars and restaurants late at night and, the poor decision to drive themselves, badly hurt others.

In our firm, as personal injury lawyers in Phoenix, Arizona, we have spent far too many days of our lives trying to help out the families who have lost people killed in car accidents because of drunk drivers. When there is a golden opportunity to decrease the number of drunk drivers on our streets we must do it. We must do not just because it saves tax dollars in paying for people who were badly injured that did not have enough medical insurance. We must do it not just because it deceases the amount of personal tragedy and suffering that occurs when drunk drivers hurt people throughout the State of Arizona. We must do this because there is a moral imperative to take advantage of a taxpayer funded Light Rail system.

The Light Rail system is not going to remain open past 11:00 p.m. to, at the latest, 11:45 p.m. on most nights. However, based upon a recent law in Arizona, bars and restaurants are allowed to stay open until 2:00 in the morning. Why would we not do everything we could to make sure Light Rail stays open so that people who get last call at a bar can take the Light Rail to within walking distance of their home and decrease the number of miles they drive?

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Posted On: January 2, 2009

Phoenix Motorcycle Accident Causes Death of Don Pender

Sometimes, Phoenix, AZ motorcycle accidents occur even when it appears that everybody involved was acting in a safe manner. The most recent terrible motorcycle crash that resulted in the death of a motorcyclist occurred when Don Pender, a 70 year old man, was killed after he somehow lost control of his motorcycle at South Mountain Park.

But we see motorcyclists killed throughout Arizona, whether it be on the streets of Tucson, Arizona, the city streets of Flagstaff, Arizona, or on the freeways from Yuma, Arizona to Phoenix, Arizona and beyond, we very often see drivers and motor vehicles striking motorcyclists without paying attention. Very often, the person driving the motorcycle and the person riding the motorcycle was not at fault but is the one who suffers the serious injury or, in the case like this, the loss of life. However, in this case there appears to have been no other motor vehicles, cars, or trucks, that were involved in the incident. It is difficult to know what caused Mr. Pender to lose his life.

We do applaud Mr. Pender and his passenger, by both reports both of whom were 70 or older, and wearing their helmets, not drinking alcohol, and going out for a ride with other motorcycle enthusiasts. South Mountain Park is normally a safe place to ride and it is unfortunate that this motorcycle accident in Phoenix occurred.

Whether or not there may be compensation available to Mr. Pender or his passenger is difficult to say without more information. However, this is a reminder of the importance of carrying every type of insurance that is available. For, in addition to the unspeakable emotional toll that this incident will undoubtedly take upon Mr. Pender's family, his passenger, and all others involved, there are also financial losses very often associated with these types of tragedies. Whether it be life insurance, underinsured motor insurance coverage, or other types of insurance, such as uninsured motorist coverage, motorcycle riders and passengers very often need the best protection possible to protect their loved ones in the case of this type of tragedy.

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