Arizona Accident Lawyer Blog

One of the most common citations we see after serious automobile accidents is for ARS § 28 701. Basically, this is nothing more than a "catch-all" statute. It says that people must control the speed of their vehicle to avoid a collision. Well, anytime someone's almost in an accident they obviously were not able to stop their vehicle before it collided with somebody else. However, it is important to recognize that while this may be upheld in a traffic ticket-type situation, 28-701 is often times not a vital part of any civil case.

For instance, the determination of the police officer as to who should get a ticket is almost never allowed into evidence in a civil case. Of course, the person who gets the ticket may have an uphill battle in terms of settlement, but the reality is that many times the statute really only matters when it comes to the traffic ticket.

This is not to downplay a traffic ticket issue, but to make clear that for a family who has had somebody involved in a very serious personal injury-causing accident, the fact that they got the ticket should not rule out finding the best possible Arizona personal injury attorney to help them look into their case. It may be that the top Arizona personal injury lawyers will investigate the claim and still explain that there is not any room to move forward. But usually, it will not be because of the traffic ticket, but because of all the evidence that is collected. At the same time, far too many people fail to receive the full compensation they deserve for their medical bills and wage loss because they were intimidated because they were simply given a traffic ticket. Traffic tickets are not admissible in Arizona personal injury cases almost all of the time.

Arizona’s “Left Turn Statute,” ARS § 28-772, prohibits somebody from turning left when there is a vehicle that is so close to them that it constitutes an immediate hazard. In other words, you are not allowed to turn left at an intersection if the vehicle that's coming towards the intersection could end up being involved in an Arizona car accident with you. This is even true if the vehicle runs a red light. However, this statute is misapplied very often and it can be very confusing. On the one hand, bear in mind that Arizona is what is known as a "pure comparative fault state." In other words, even if the person turning left bears some fault under the statute, that does not mean they bear the entire fault. It does not even mean they bear most of the fault. You could have a situation where the person turning left is considered 1 percent at fault because the other person was going way over the speed limit and was nowhere near the intersection at the time it happened. Also, if it can be proven that the other car was speeding at a high rate of speed, it may be that this is not considered to be a violation of the statute.

However, when the police officer shows up at the scene, they are often very quick to give the citation to the person turning left. While this is appropriate in many – maybe even the majority – of auto accidents in Tucson, there are many times where the police officer simply did not have the time and resources to do a full investigation before giving out a traffic ticket.

Also, traffic tickets are not admissible in civil cases. Therefore, after a very serious auto accident caused in an intersection where one person turns left, it is not enough for anybody to assume that the person who was given a ticket for 28-772 will be at fault. They may be at fault. However, that may not prevent their insurance company from denying fault. Also, on the other hand, it would not prevent either side from trying to prove that the other actually bears complete responsibility.

As you can see the elements of Arizona’s left turn statute can be confusing due to its elaborate nature. This is why if you’ve been in an accident under these circumstances, it can be to your advantage to seek legal counsel from a skilled Tucson auto accident lawyer who can advise you on what steps to take in your case so that you or any injured loved ones can receive compensation. Call Breyer Law Offices, P.C. today for a free consultation. We will give you honest answers to your questions and help you during your time of need.

Another pedestrian has been killed by a vehicle as recently reported in an article from abc15.com. Experienced Phoenix personal injury lawyers have to see these unfortunate cases on a regular basis. In this particular incident, it was yet another hit-and-run pedestrian accident in Arizona. Maricopa County Sheriff Detectives are still investigation the accident and looking for the driver who killed the unidentified victim.

When unexpected tragedies strike, not only do families suffer the loss of a loved one, but a time of financial struggle may wait ahead. Far too many people do not realize the risk in assuming that they have “full coverage” for their automobile insurance, when in reality, they don’t. Full coverage means something different to everybody. There is no real definition of it. Therefore, it is important to follow up on the particulars when an accident occurs. And it is especially important to take responsibility for causing an accident in the first place. For instance, a pedestrian who's struck by a car that leaves the scene of a pedestrian accident in Arizona may be thought to have no insurance options. However, if that person owns a vehicle or even lives with a family member that owns a vehicle that has uninsured motorist coverage, then the pedestrian would be protected.

It is a surprise to most people that uninsured motorist coverage protects people even when they are not in their car and even if they don't even own a car but live with a family member that does. The most important question to ask when buying your auto insurance is whether or not you have the highest possible limits of uninsured and underinsured motorist coverage so that if you have to bring an Arizona auto insurance claim, you are protecting yourself and your family members later. It is one of the cheaper forms of the insurance that you can purchase and it is also probably the most important part of any insurance policy and any future accident or injury claim made.

If you have any questions about a recent pedestrian accident or auto accident relating to an Arizona uninsured or underinsured motorist claim, please feel free to contact us at Breyer Law Offices, P.C. We specialize in personal injury and wrongful death throughout the state of Arizona and would be happy to discuss your case with you. Another person’s negligence resulting in your injuries makes you a very likely candidate to receive compensation for medical bills, hospital stays, treatment, loss of wages, and much more. Call us today for a free consultation.

Another light rail accident has been reported, according to an article. The numbers of rail accidents seem to be climbing. As Phoenix personal injury attorneys, we are on the record as being proponents of light rail. We would like to see it expanded. We believe that getting more people onto the light rail will reduce the number of accidents and serious injuries on Arizona’s roads. There will be fewer personal injury claims, fewer serious injuries, fewer medical costs to the people involved in accidents and to all of society if we can get more people riding public transportation.

A lawyer that sees so many serious personal injuries, people filing bankruptcy as a result of medical bills, people who lose their homes because they cannot work after a serious accident, and so many other serious effects from car accidents in Arizona, if there is a good alternative, then we support it.

However, this increase in accidents between light rail and cars has to be addressed. This is not to say that every accident with the light rail is the fault of the light rail operator. However, more needs to be done in terms of research and planning to try to limit the number of accidents. Even at the slower speeds they often travel, the light rail cars weigh a lot and have a huge amount of force upon impact with a car. Should they ever be involved in an accident with a motorcyclist or bicyclist, there could be tragic consequences.

Moreover, any accident with a light rail brings with it a very short time frame for Arizona statute of limitations. Someone who's been in an accident with a light rail train needs to be immediately hire a lawyer because they have less than six months (180 days) to find a lawyer, get their case documented, get their damages documented, get their evidence regarding the fault of the light rail operator documented, and get everything put together and filed appropriately. Unlike most serious motor vehicle accidents in Arizona, Phoenix light rail accidents bring with it a much shorter time period and a much quicker fuse.

Whether you have been in an auto accident or a light rail accident, we can help you at Breyer Law Offices, P.C. Within our Husband and Wife law team, Mark Breyer is an Arizona state bar certified specialist in Arizona wrongful death and injury. We have been helping injured victims receive compensation from negligent parties for 12 years. Call us today for a free consultation at 602-978-6400. We will give you the honest answers you need about your case.

One person was killed on April 2, 2009, in a single-vehicle motorcycle accident in Scottsdale. According to a report, the motorcyclist died at the scene of the incident in the North Valley on the 101 freeway loop near Hayden Road. Our sympathies go to the family of the motorcyclist who died in this accident and we hope that the investigation is thorough and that any negligent parties are held responsible for their actions.

When motorcycle accidents like this happen, an attorney is often sought to help a family answer questions regarding a potential personal injury or wrongful death claim. The top motorcycle accident lawyers in Arizona need to always be honest with their clients. There are far too many motorcycle accident attorneys in the Phoenix area that seem too willing to tell their clients what they want to hear, as opposed to what they need to hear.

There is nothing wrong with being an avid motorcyclist. There is nothing wrong with being an elementary motorcyclist. Riding a motorcycle is allowed under the law. It is unfair that there are so many people who have such a strong dislike for motorcycles on the roads. It is unfair, but it is a reality. Therefore, since the potential jury pool after a serious Arizona motorcycle accident is made up of people that will include those who are unfair to motorcyclists, the best personal injury lawyers need to be honest with their clients and let them know that everything needs to be done to try to minimize the effect of negative feelings towards motorcyclist in their case.

If somebody just wants to be told how great their case is, regardless of the situation, then we will never be the right law firm for them. At Breyer Law Offices, P.C, we are always very honest with our clients so that they understand the potential risks and benefit of any case. If you or anyone you know has been involved in a very serious motorcycle accident or has lost a loved one, there are certain realities that have to be faced. Motorcycles handle differently than cars do on the roadway and often times need different experts to investigate an accident. Motorcyclists bring with them the risk of jurors who are prejudiced and biased against them and need a lawyer who is willing to take every step to reduce the risk of unfair result should the case go to trial.

After an auto accident, and especially after a motorcycle accident, serious injuries not only cause pain and suffering but can take a financial toll on a family through medical bills, treatment, medication, or lost wages. As experienced Arizona personal injury attorneys at Breyer Law Offices, P.C., we are more than happy and willing to answer any questions that you may have regarding your personal injury or wrongful death case. Call us today for a free evaluation.

On April 5, 2009, a police officer riding his motorcycle was seriously injured in an auto accident in Arizona when he was hit by a woman driving her car. According to a report, the police officer is a 13-year veteran of the Tempe Police Department and was in stable condition after being taken to the hospital.

Arizona citizens pay lip service to the fact that we have great respect for firefighters and police officers. Most people would agree that these people who put their lives on the line to protect us deserve to be treated with a certain amount of respect. They have certainly earned it in most cases, like the one mentioned above.

Why is it, then, that police officers and firefighters are actually afforded less protection than other Arizona citizens under Arizona law if they are hurt in an automobile accident or injured on-the-job? There is an outdated rule known as the Firefighter's Rule. It does apply to police officers as well, according to our recent Arizona Supreme Court decision. The Firefighter's Rule basically says that a firefighter or police officer who is injured on the job in Arizona as a result of doing their job is not entitled to bring a lawsuit for their injuries. Therefore, if a firefighter or police officer is injured while working, there is a chance they would lose all their rights to make a recovery against the other person's insurance company. This is such an outdated rule that many states around the country have come to the point where they are actually eliminating it. At the same time, Arizona courts are actually expanding the rule and explicitly making it clear that the Firefighter's Rule will apply to police as well as firemen in the State of Arizona.

While this is not a surprise, as the Firefighter's Rule usually does extend beyond just firemen and to the police, it is a shame. Also, it is a shame that so many police officers who are injured on the job do not even realize that they have a right to bring a claim. We have helped multiple police officers injured on the job, but we often learn that their counterparts do not even think they have a right to bring a claim. However, the scope of the Firefighter's Rule is narrow. An Arizona personal injury lawyer that can help police officers after these accidents is able to educate most police officers and firefighters about the different categories that these types of claims fall into.

In many cases, after a serious injury from an auto accident, the person who was injured, even on the job and even as a police officer, will still have a right to receive full compensation. Therefore, it is a mistake to assume that there is not a right to fair and full compensation. The first step after an auto accident in Arizona is to consult with an experienced Phoenix personal injury lawyer who is a good fit for you. At Breyer Law Offices, P.C., we give our clients and those who call us for a free consultation an honest analysis of whether a claim exists. Call us today to find out.

There are far too many catastrophic personal injuries that occur because of dangerous trucking accidents in Arizona. It seems far too often that the streets of our major cities such as Phoenix and Tucson are shut down because a tractor trailer has caused a serious accident. We know truckers are professional drivers. Many of them take their job seriously and they do the best that they can. However, like in any profession, there seem to be small percentages that ruin the reputation for others. More importantly to us, that small percentage makes our roadways far too dangerous.

There are federal regulations that limit the number of hours the truckers can drive. Driving over these regulations very often leads to accidents that were caused by fatigue. Far too often, families are devastated and torn apart by catastrophic, debilitating injuries with permanent disabilities as a result of truck accidents.

If you or anybody you know has been involved in an accident with a trucking company, time is of the essence in terms of getting the best possible truck accident lawyer you can find. Skilled trucking accident lawyers in Arizona will do everything possible to obtain information to help determine if the trucker was in fact fatigued or if it was just a negligent act and nothing else that caused the truck accident.

Even for those who are not sure they want to bring a lawsuit or don't know what kind of lawyer they want to hire, calling an experienced Tuscon personal injury lawyer and asking about trucking accident claims so that you have the information you need to make a decision is a first step that we think should almost always be taken. After that, the family can decide if an Arizona trucking accident lawsuit or claim is worth bringing because they have the information supplied to them by an experienced trucking accident and injury attorney.

If you’ve sustained injuries because of a trucking accident in Arizona, you may have a legitimate claim, but a lawsuit must be filed before the statute of limitations expires. At Breyer Law Offices, P.C., we help those entitled to compensation for their injuries get the help they need to surpass steep medical bills, treatment, and lost wages. Call us today at 623-930-8064 for a free consultation.

Arizona personal injury lawyers sometimes get a bad rap. The truth is, the best lawyers, the certified specialists, the lawyers who try cases, all would like to see the amount of serious injuries and deaths decrease. People act as though it is the lawyers that cause the accidents when personal injury lawyers help people receive compensation after they have suffered a serious injury because of the car accident. Because of the adversarial nature of our system, one cannot expect the insurance company to just "do the right thing," when doing so would affect their profits. Therefore, we are very happy to see that the fatality rate on Arizona roads has plummeted to a record low and is decreasing at a faster rate than almost every state in the country.

It would be great if we, in Arizona as drivers, could continue with this fantastic trend and continue to reduce the number of serious injuries and deaths that happen on our roadways. If we can get this low enough, we will make Arizona personal injury lawyer critics very happy. We can greatly decrease the number of Arizona wrongful death claims and serious personal injury lawsuits. This virtually eliminates Arizona personal injury lawyers from being able to bring a case, and we can simply virtually eliminate all the serious accidents and injuries that occur in Arizona. That would be fantastic for all of us.

If you or loved one has been injured in a car accident and have questions about insurance coverage, the experienced Arizona insurance coverage lawyers at Breyer Law Offices, P.C can help you get the compensation that is due to you. Don’t let your rights go unnoticed when another person’s negligence is the reason for your injuries. For a free consultation with our personal injury attorneys, call 623-930-8064.

Far too many people do not consider the possible injuries that can be suffered when a bus is involved in an accident. Most people think of bus accidents in Arizona as only unsafe for the vehicles that are hit. The truth is, personal and injury bus accident claims are brought throughout the country and throughout Arizona every year.

According to a recent article in regards to bus safety, federal laws requiring seat belts and stronger windows on motor coaches – or even an Arizona law that might do the same thing were it not overridden by federal laws – could be a great step to preventing serious personal injuries in bus accidents. As safety activist Mr. Betts said, "There is no need for people to keep dying in these motor coach rollovers." And we agree. Wouldn't it be great if that was no longer the case and we could eliminate the likelihood injuries occurring to passengers in bus accidents?

As Arizona personal injury and bus accident lawyers, we know far too well the dangers associated with bus accidents. We applaud the efforts of those who are trying to reduce the amount of personal injury claims that arise out of bus accidents. We applaud them because they are not trying to strip accident victims of their right to compensation; instead, they are trying to prevent the injury which is far more important than anything else.

If you have any questions regarding injuries sustained in a bus accident or car accident, the skilled Tuscon personal injury attorneys at Breyer Law Offices, P.C. are here to help and give you honest, informative answers. With a very small percentage of lawyers being certified as specialists in injury and wrongful death law by the State Bar of Arizona, Breyer Law has the knowledge and experience to help you get the compensation you deserve. Call us today at 602-978-6400for a free consultation.

According to a recent and tragic report, an elderly couple was killed at the same time when they were hit by a vehicle that appeared to be speeding. This pedestrian accident is not only heart-wrenching, but it happens far too frequently. Much too often, Arizona drivers forget that they share the road with people who are crossing the street. Arizona drivers become too casual and stop being vigilant about looking around and making sure that they are not going to cause serious injury to somebody who is walking on the sidewalk and about to cross the street through a crosswalk or elsewhere.

However, there are also very real difficulties for somebody who was injured while they were a pedestrian. We suspect that if you asked every one of the best pedestrian accident lawyers and car accident lawyers in Phoenix, Arizona, they would almost all agree that there is a certain suspicion of the pedestrian when cases go before a jury. Insurance companies will use this to their advantage and try to pay many pedestrians less than they are entitled to. The angle used is to have the jury or the driver recall times where a pedestrian cut in front of them or did something dangerous that concerned them.

An absolutely necessary first step to receiving fair compensation is making sure that the best possible lawyer is available on the case when you or someone you know has been hit by a car while walking across the street or while standing on the sidewalk is. Even for those who aren't sure that they want to bring a claim, it can help to get answers that you deserve to know by calling an experienced Tuscon personal injury lawyer so that you and your family can make the best possible decision having all the needed information. There is nothing wrong with making the decision not to proceed with a possible lawsuit or insurance claim, but there is no excuse for not at least making a free phone call, taking some time and gathering the information so that it is an educated and good decision in regards to whether to bring an accident or injury lawsuit in Arizona. Call Breyer Law Offices, P.C. today at 602-978-6400 for a free consultation of your pedestrian or auto accident case.

Many people are injured each year in Arizona car accidents when they are hit by someone who is driving a stolen car. Even if the stolen car had insurance, that insurance will not cover somebody who stole the car. Therefore, people who suffer serious injuries as a result of the criminal acts of others do not have the ability to turn to the insurance of the adverse driver. The driver who stole the car has no insurance. The insurance of the car that they stole will not cover them.

If you or anybody you know has suffered a serious injury when they were hit by a stolen car, they need to look to their own insurance coverage in Arizona. Their own uninsured motorist coverage, the coverage of the family members they live with, the coverage on the car they were in, may all possibly apply to provide compensation after suffering a serious injury as a result of being hit by someone driving a stolen car.

Finding the right coverage is never simple. It is one of the many reasons it is important to find a skilled Arizona car accident lawyer available that is a good fit for you and your case to answer your questions and help you determine if there is a way to receive compensation after suffering such injuries. At Breyer Law Offices, P.C., we have been assisting victims of auto accidents receive compensation for over a decade. Call us today for a free consultation at 480-753-4534.

It is well documented that at Breyer Law Offices, we sue drunk drivers. We do everything possible to make sure drunk drivers and their insurance companies fully compensate our clients. Drinking and driving is selfish and it is stupid. More importantly, although most drunk drivers intend to cause no harm, they take not only their own lives, but the lives of others into their hands. We have been very critical of drinking and driving for a long time and very aggressive in our representation of our clients when there is a drunk driver on the other side.

However, sometimes we are all reminded that it can happen to anybody. No, this is not one of our many, many stories of people who are hurt in drunk driving accidents and needed a lawyer to help them with the personal injury case. Yes, we have helped many, many people under those circumstances because we are Arizona car accident lawyers and drinking and driving unfortunately causes many of the most serious accidents. However, day after day and year after year, we always see the side of the family who was devastated because of an injury caused by a drunk driver.

However, a former client of ours recently was involved in a terrible drunk driving accident. This was a client we have always liked and a client that we have nothing but good things to say about from the time that we got to know him while we represented him. We got to know his family as well, and he came from an excellent family. And yet, he was recently listed as a suspect for driving under the influence. We have no idea if the allegations are accurate. The truth is, it does not matter. It doesn't matter whether it's true in this case or not, because it is a reminder that whether our former client is innocent or not, one mistake not only devastates the lives of the person who is hurt in their family, but the family and loved ones of the person who was too selfish to make sure that they had a safe ride home.

We certainly hope our former client is innocent. We hope for justice for everybody involved.

If you have been in an auto accident in Arizona and think that it may have been caused by the negligence of a drunk driver, Breyer Law Offices, P.C. can help. Contact our skilled Tuscon personal injury attorneys today for a free evaluation to ensure that you get the compensation that is due to you. Call us today at 602-978-6400.

A recent report demonstrated the dangers of allowing children to drink alcohol at a party. As happens far too often, the young kids get out of hand and people are seriously hurt or killed as a result of the alcohol that they drink.

When something terrible happens like this, we expect to see the police get involved. And, of course, they do get involved and they do their job and they may even prosecute the people who allowed minors to get drunk at their house. However, for the person who was seriously injured as a result of a minor who was drinking at somebody's house, they may not realize that they probably have an Arizona homeowner's insurance claim.

The homeowner's insurance covers the negligence, in most cases, of the people at the home who serve alcohol to people who are under age. Arizona tort law specifically allows claims against these people, including for their homeowner's insurance, when they allow minors to drink alcohol at their house. This is a claim that should be considered more often, but most people do not realize that they have the right to that compensation. Far too often, people only think of automobile insurance when it comes to being compensated for injuries, when in reality, there are many types of insurance available in certain cases to receive money for medical bills, lost wages, pain, the loss of enjoyment of life, and all other legally compensable claims.

Do not let your legal rights slip away when someone else is responsible for the injuries you have suffered. At Breyer Law Offices, P.C., our Husband and Wife Law Team has been successfully representing those injured from another person’s negligence for over a decade. With a certified specialist by the State Bar of Arizona in personal injury and wrongful death litigation on your side, deserved compensation can be yours. Call our skilled Phoenix personal injury attorneys at 623-930-8064 today for a free evaluation.

Even the Top 10 Arizona Personal Injury Lawyers Still Face Challenges When Children Must Bring Insurance Claims or Lawsuits against Parents and Siblings

Very often, children suffer serious injuries in car accidents in Tuscon that were caused by their own mother or father. Now, most people are surprised to learn that the child has the same right to bring an insurance claim against their own parent as they would against any other negligent driver. The problem is that people are very skeptical of these claims. They should not be.

Insurance is there to protect a person who causes serious personal injury in an accident from a lawsuit they might face from anybody they hurt. That is not just true of somebody in another car. The passenger in a vehicle has the right to not only sue the driver of another car, but to sue the driver of the car that they are riding in. If that passenger happens to be a family member, their rights are the same.

A child has the same right to bring the claim against their own parent. This does not mean they don't love their parent. The truth is, it's for the parent that's lining up the claim to make sure that the child is properly compensated for injuries endured in an Arizona car accident. It is only the failure to recognize that this is the purpose of the insurance that creates so many problems when these cases find their way to a courtroom and a skeptical jury panel wonders how a child can sue his own parents. The reality is, he's not trying to "sue" and get money from his parents, but is instead simply trying to get the insurance compensation that his parents paid for in case they ever made this kind of mistake.

In almost every state in this country, people who are hurt because of a dangerous and defective product have the right to bring a lawsuit against the person who sold them that product. It is not the job of almost any American citizen to try to track down the person in some foreign land and hope that they will somehow show up in an American courtroom and pay their "fair share" of the dangerous product they designed or manufactured. Instead, we count on the retailers who buy these things to have proper insurance so that if they sell something that badly injures an American, the American doesn't have to do the impossible.

On top of that, the leverage exists largely with the person who has a relationship with this company in a foreign land. In other words, if some company in communist China accidentally manufactures a dangerous product that kills somebody, is that company likely to show up for a lawsuit in Pima County, Arizona or Maricopa County, Arizona? Of course not. Perhaps if they might lose the business of Wal-Mart, Best Buy, or some other big box retailer, they would show up to keep that business.

However, Arizona is the only state we know of that requires the Arizona resident to not only sue the person who sold them the product, but also to try to find a way to bring in every single individual from the time the dangerous and defective product that caused the serious injury was created and designed, through its manufacturing, and through all the different shipment channels and anyone who may have contributed to the sale of the dangerous product. This is ridiculous, but this is the law. This is also one of the many reasons that anybody who's been injured as a result of a dangerous and defective product should immediately contact an experienced Phoenix product liability lawyer they can find to help them with their Arizona product liability claim.

Dangerous products kill people. These companies should not be allowed to continue to operate. Getting a lawyer on board who can try to track down the responsible parties as quickly as possible can be vital. I am not a big believer in telling people to "hurry" in hiring a lawyer before they are ready. I would not do that with an Arizona product liability case either. The problem is, Arizona law requires even the best personal injury lawyers to find these different people in the "chain" of the product. Moreover, the product itself can be vital, and failing to get a lawyer can often lead to the failure to secure the product and make sure it is not destroyed, thereby destroying the evidence that could create the claim.

I cannot begin to count the number of people who I have talked to over the years who have acted as though the insurance adjuster they talked to was their friend and would be fair to them. Insurance adjusters have a job to do. Many insurance adjusters are fabulous people. Many insurance adjusters mean well. Many insurance adjusters try to do the best they can. But they have a job to do and that job is, ultimately, to avoid paying full value on a claim.

When we see reports such as these where Iraqi veterans who have lost their eyesight are being denied what appear to be obvious claims by the insurance company, all bets should be off for the rest of us. If an Iraqi veteran who has a clear-cut claim is not able to obtain fair compensation, what can a victim of a car accident in Arizona expect from an insurance company?

Why would somebody who suffered a personal injury in Arizona expect to receive some sort of fair compensation and payment for medical bills, wage loss, pain and suffering, loss of enjoyment of life, and all of the other benefits they are entitled to under the law unless they have the best possible injury lawyer they can find? It is unfortunately not realistic. The system is set up as an adversarial one. The insurance adjusters are well-trained and well-educated and prepared to do anything possible to limit the amount that's paid. Someone who has been seriously hurt deserves the right to have an advocate on their side, a Phoenix insurance coverage lawyer they can trust in bringing the personal injury lawsuit or insurance claim.

Arizona Injury Lawyer Discusses Statute of Limitations for Accidents Involving Wrongful Death after a Freeway Collision Where a Car Comes Through the Median

After yet another terrible auto accident in Tucson where a car crossed over from one side of the freeway, across all of I 10, through the median and collided with an oncoming vehicle, we thought it was important to let everybody know the short time deadline that may be involved in such a claim.

As Arizona personal injury lawyers, we talk to many people who believe that they have two years to file an insurance claim after an accident. This is wrong for two reasons.

First, filing an insurance claim after an automobile accident is never enough. The time deadline – known as the statute of limitations – requires the filing of a proper lawsuit in the Superior Court. Moreover, there is not a two-year deadline to file the lawsuit in some cases. In a case such as this one, the deadline may be as short as 180 days.

Also, the deadline requires more than just a filing of a lawsuit.Within 180 days, enough information has to be collected to file what is called a "notice of claim" and get it served upon the right person. That is because there have been far too many accidents where people have been killed when another car crossed over the median.

Sometimes this is due solely to the negligence of the other driver who crossed over. Sometimes, however, there are other vehicles involved or even a negligent design of the median between the two sides of the freeway that allowed the vehicle to cross over and cause the terrible collision. This is why hiring an experienced Tucson car accident lawyer someone can find after a freeway collision is so important to avoid missing deadlines that can destroy a valid serious personal injury or wrongful death case.

Experienced Arizona Personal Injury Lawyer Discusses Dangers of Red Light Running Accidents

Car accident lawyers in Phoenix who help people after serious injury auto accidents know that some of the worst injuries and many deaths are not limited just to our freeways. Instead, very often some of the worst tragedies take place at the busy intersections throughout the State of Arizona. Very often, these accidents are caused when somebody runs a red light and causes the accident. However, many times there are no witnesses to the accident other than the people involved. The red light runner will try to deny the fact that they ran the red light and very often no fault is placed by the police officers at the scene.

Since somebody who has been seriously injured or has lost a loved one in such an Arizona auto accident carries what is known as the "burden of proof" in a court of law, there are times where red light runners will attempt to escape justice and avoid ever having to pay for the medical bills, lost wages, and all of the injuries and damages that they caused.

This is why it can be so important to hire the best possible car accident lawyer to help you if you or someone you know has been involved in a situation where somebody else has run a red light an caused an auto accident. Between investigation of the scene, looking for inconsistencies in the statement of the red light runner, and sometimes being able to track down witnesses or taking other steps to collect evidence, there are many times where skilled Tucson personal injury attorneys can make successful insurance claims to ensure compensation to somebody who has been the victim of a red light runner.

Bus Accident Lawyer Addresses School Bus Safety Concerns

A report indicated that a Tolleson school bus rear-ended a truck on I 10. The school bus was full of children when the bus accident in Arizona happened. Fortunately, it has been reported that nobody was hurt. However, we should not wait to see more children injured on school buses before we take action. Everybody agrees that we want to reduce the amount of injuries suffered by children. And everybody knows that school buses carry children. It is what they do. So why is it that we haven't done everything possible, such as the installation of seat belts and other safety mechanisms, to make sure that our children are safe and that children's injuries are prevented?

How many children have to suffer serious personal injury throughout the United States, including Arizona, before we will do what is possible to prevent it?

Skilled Arizona bus accident lawyers can help families after their children have been seriously injured in a bus accident. But all of us who help these children and families would like to never see another injury from a bus accident again. While maybe this is not possible, it certainly seems possible to greatly reduce the amount of children who are injured in school bus accidents. It is time that we took notice of the importance of our children and start taking steps to increase school bus safety.

Phoenix Lawyer Addresses Advancement in Treatment of Medical Care in Arizona for Childhood Brain Injuries

As Arizona child injury lawyers and personal injury attorneys, it is far too common for us to see that the medical care provided to people of all ages in the Phoenix metropolitan area, good as it can be, lags behind some of the best medical care that there is. That is why we are so pleased to have read a report which indicates that Phoenix Children's Hospital has created a new division known as Children's Neuroscience Institute.

Nothing is more devastating for a family than seeing a traumatic brain injury to a child. We hope they never happen. However, when they do happen, we hope for the best possible medical care for these kids to give them a chance to overcome the injuries they have suffered.

We are certain that we speak for all personal injury lawyers in Arizona when we say that we are thrilled to see an advancement of this sort come to the State of Arizona. We are optimistic that fewer kids will have to live through long-term or permanent effects from closed head injuries as a result of this new opening.

ARIZONA BRAIN INJURY LAWYER TALKS ABOUT TUCSON FACILITY FOR HEAD TRAUMA TREATMENT

Finally, the city of Tucson is getting a facility that can help people with serious brain injury without the need to involve a Phoenix neurosurgical treatment center. It has been reported that the new Carondelet Neurology Institute has finally opened up on the campus of Saint Joseph's Hospital. Apparently, this will finally eliminate the need to airlift patients with serious head trauma out of the city.

Following a serious head trauma, the first hour is vital when it comes to the treatment. The quicker top-level neurosurgical care can be administered, the better chance there is of a return of function and health.

As an Arizona brain injury lawyer who has helped people and families who have suffered from traumatic head trauma, we cannot tell you how pleased we are to see that a city like Tucson that was so deserving of this type of facility finally has what it needs. Hopefully, this means that people who suffer serious closed head injuries following car accidents and other personal injuries will have the treatment that they need.

Arizona Injury and Insurance Claim Lawyer Discusses "How Much Does it Cost to Hire a Personal Injury Lawyer after an Accident?"

We receive calls on a regular basis from people who have suffered personal tragedy following an auto accident in Phoenix and in other cities in Arizona. When an auto accident occurs, many people do not realize the long-reaching effects it has on the people involved. To begin with, following a serious injury, the person who was hurt is unable to work. On top of that, the person is unable to usually just participate in the normal activities of daily living. When someone is badly hurt they cannot just get up and take a shower. They cannot just get up and go drive their car. In fact, while they're dealing with everything else, their car is in another location being taken care of by a person that they do not even know. In other words, every facet of somebody's life is affected after a serious injury.

When somebody has a family member who's involved in a serious vehicle accident in Arizona, they also have to deal with a complete change in almost every aspect of their life. If your spouse cannot work, imagine how that affects you not just in lost money, but in your role within the family. When a parent has been injured, how much effect does that have on the children? The reality is that from the time the day begins until the time it ends, a serious injury will affect the person involved and that family for as long as the rehabilitation process takes.

Amidst everything else they are dealing with in terms of the inability to pay for their mortgage, the inability to pay the medical bills, the inability to function and go through their normal daily activities, like getting kids off to school and so forth; families who have suffered from a serious auto accident need answers. Usually, the best step is to talk with a lawyer. While I do not believe a personal injury lawyer is the best answer to every situation following an auto accident, I do strongly believe that talking to an experienced Arizona personal injury lawyer is a good first step. It is not about whether or not a claim needs to be brought; instead, it's about finding out what your options are.

I believe far too many people think they do not want to hire a lawyer and by the time they realize that they do need one, it is too late. There is simply no disadvantage to sitting down with an honest lawyer to get real answers. However, people are afraid of the cost of hiring a lawyer. People are concerned that with the amount of money they've lost, they won't be able to afford a skilled Phoenix car accident lawyer or personal injury attorney to help them.

That is why we have a longstanding policy at Breyer Law Offices. No client has ever paid us a single dollar out of their own pocket. Though we have cases where we spend tens of thousands of dollars or more on after an automobile accident, we have never received a single penny in reimbursement, nor have we sought it from any client unless we were first able to win their case. The time we spend, the money we spend, the effort we put in, is the risk we take on the cases we choose to accept to help people. That way, our clients can rest assured that they have the representation they need without having to worry about paying money out of their pocket.

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As Arizona personal injury lawyers who help so many people involved in the tragedies that occur at our intersections and on our roadways, we know all too well the great misconceptions when it comes to Arizona law. We also know how often people involved in accidents that occurr at our intersections throughout the state are misled by an adverse insurance adjuster, adverse insurance company, or even by friends and family who do not understand the law.

Arizona has a law that specifically regulates those who turn left at an intersection. However, the application of that law can be very confusing. A.R.S. § 28 772 precludes people from turning left when an oncoming vehicle is so close to them that they will be involved in an accident. Now, while these are not the exact words of the statute, this is probably the best way to explain the law. Everybody knows too many people run red lights. People who turn left at an intersection in front of somebody else who runs the red light does not lose the ability to point the finger for partial fault as to the person who ran a red light. However, a long time ago our legislature made the decision that those who are turning left were in the best possible position to help avoid the accident in many cases. Therefore, instead of getting into a big argument later as to whether or not somebody should or should not have turned left, this statute regulates that matter and says that drivers who turn left when the other car is so close to them that they are likely to be involved in an car accident in Phoenix will have violated a statute.

Now, there is a big difference between a traffic ticket and negligence. There is a big difference between the rights in a personal injury lawsuit as compared to simply getting a traffic ticket.

When a police officer comes to the scene and hands somebody a ticket, this does not mean they lose their right to bring a personal injury lawsuit. In fact, traffic tickets are not even admissible in personal injury claims. We have seen many cases where the police officer showed up, gathered information quickly, and did not gather all of the information they needed when they gave a traffic ticket. We have seen people who have abandoned their rights to bring personal injury lawsuits because they got a ticket. When this happens it can sometimes occur because the only two people who are at the scene at the time the police officer arrives are the two people who were driving the vehicles involved in the Arizona auto accident. Sometimes, because of serious injuries, one person gets a ticket because they are not even at the scene to give their side of the story.

Where police make these initial pre-judgments without talking to people, it is very often because a left turn at an intersection was involved. Because of A.R.S. 28 772, it is easy for the police officer to simply give the ticket to the person who was turning left.

Because there is a law that regulates people who turn left, these cases can be very difficult on both sides. On the one hand, the person who was turning left and believes somebody else ran a red light or was speeding so quickly that they never would've believed that the accident was going to happen, will often need the help of a skilled Arizona personal injury lawyer to help them reconstruct the accident to show that the other vehicle was actually at fault. This can be particularly challenging where there are not witnesses at the scene.

Continue reading " Personal Injury Insurance Claims after Driver Turns Left in Front of another Car at an Intersection " »

Even the Best Phoenix Wrongful Death Lawyers Face Challenges in the Pursuit of Wrongful Death Lawsuits and Insurance Claims

As you may imagine, as an Arizona certified specialist in wrongful death and injury litigation, I have strong opinions regarding the way that wrongful death claims are processed in Arizona. We receive phone calls on a regular basis from families who have suffered unspeakable tragedy and loss, people who have had to deal with the fact that they will never see their spouse, their parent, or even their child ever again. Almost every personal injury claim results from something that was completely unexpected. At least with many serious personal injury claims, there is the opportunity to recover from the injuries – even if not fully – and attempt to move on with life. However, when a wrongful death occurs, when someone is killed because of an auto accident or another person's negligence in any way – there is a different kind of loss experienced. There is a different level of tragedy.

We often say to our clients that we know full well that we cannot fully understand their pain. In fact, I am a big believer in the fact that there is far too often a decision made by personal injury lawyers to simply tell people what they think people want to hear. We will not do that. The reality is that an experienced personal injury lawyer in Arizona can do a lot more than bring a personal injury claim. In fact, the best personal injury lawyers will be honest and upfront about the claim with somebody before they even consider the first step.

I supposed it is true that anytime there is money involved, there is always the risk that people will act in their own self-interest. However, families who have suffered this unspeakable loss need a honest assessment of their claim from a lawyer who has the experience and understanding of this process and has brought wrongful death lawsuits. How much time is the claim going to take? How long will the initial investigation of a wrongful death case take? What would happen to any money that was recovered in a wrongful death insurance claim or lawsuit? Who receives the money after money is paid out – the parents, the children, the spouse, grandparents, aunts or uncles? Can different people who have suffered a wrongful death hire different lawyers such as a divorced couple who have both lost a child? Is it in the best interest of those involved to bring a lawsuit even if compensation is likely?

Now, the answers to some of these questions are always the same. Aunts and Uncles are not allowed to bring lawsuits of wrongful death in Phoenix. People who have lost their boyfriend or girlfriend are not allowed under Arizona law to bring wrongful death lawsuits. However, the amount of time it will take varies from person to person. Most importantly, whether it is in the best interest of somebody to bring a lawsuit has to account for factors that are legal and those that are not. It will take a good personal injury lawyer the time to do a full investigation and give a final answer as to whether or not there is even a strong wrongful death claim to pursue. However, there are times where a lawsuit can be brought but it may not be in the best interest of those who have already suffered loss. That is really a person by person analysis. It will vary and it takes experienced Arizona wrongful death lawyers who will give honest advice to people so that they can make the best decision for themselves.

Continue reading " Understanding Arizona Wrongful Death Lawsuits and Insurance Claims " »

The Top Ten Arizona Personal Injury Lawyers Will Explain to People how a Traffic Ticket Affects their Right to Bring an Insurance Claim or Auto Accident Lawsuit

There are far too many auto accident lawyers throughout Phoenix, Arizona and throughout the entire state who fail to provide the information people really need. Far too often, people who have the absolute right to bring an Arizona auto accident insurance claim or personal injury lawsuit, fail to do so because the police officer who showed up at the scene gave them the ticket. Too many people believe that because they were given a ticket, they lose rights to bring a lawsuit because they are "at fault." This is not the reality of the situation.

One common traffic ticket that's given out after an auto accident is for violation of ARS 12 701. In plain English, what this statute basically says is that you must control the speed of your vehicle to avoid an accident. Therefore, when the police officer shows up at the scene and there is a lack of a more definitive statute that was violated, but the police officer believes somebody caused the accident, a ticket is most often given out. However, the police are at a disadvantage when they show up at the scene of a car accident in Phoenix. This does not mean they do not get it right. This is not an attack on police officers or their investigations or their techniques. However, it is a simple reality that when a police officer shows up at a serious accident scene, they have a lot of work that they have to do and a lot of information to collect. It cannot all be done in the period of time that they are at the scene. Therefore, there are many times that the police collect the information that is needed, but do not have the time to put together a complete and full accident investigation. Therefore, they often give a ticket to the person that appears to be at fault without doing the entire workup and accident reconstruction that would be necessary to make a certain determination.

The reality is that Arizona jury trials do not even include evidence of who was given a traffic ticket. That means in almost every case the police officer's decision as to who should have gotten the traffic ticket is not even allowed into evidence regardless of what happens with that traffic ticket after the fact. Too often, people may feel intimidated or bullied by the fact that they were given a traffic ticket. Insurance adjusters are trained to do their job and that is to try to minimize the liability of their insured so that the insurance company can pay out less in compensation. Obviously, more often than not, when a police officer gives someone a ticket, it will turn out to be that the ticket was given properly and that there is liability of fault on the person who received the ticket. However, the fact that happens in more cases than not, in no way suggests that everyone who gets a ticket is at fault.

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As has been reported and discussed at length, the Tony Award-winning actress, Natasha Richardson, 45, died recently from head injuries in what originally seemed like just a small fall during a skiing lesson on Monday in the Laurentian hills. According to one account, after complaining of a headache once she returned to her hotel, Ms. Richardson was flown from Montreal Tuesday night to an Upper East Side hospital.

A spokeswoman for the Mont Tremblant ski resort, Lyne Lortie, said that Ms. Richardson was not wearing a helmet during her beginner skiing lesson.

“It was a normal fall; she didn’t hit anyone or anything,” Lortie said. “She didn’t show any signs of injury; she was talking and she seemed all right.”

Ms. Richardson’s death was announced Wednesday night by Alan Nierob, a spokesman for the actress’s husband, Liam Neeson.

“Liam Neeson, his sons, and the entire family are shocked and devastated by the tragic death of their beloved Natasha,” a statement said. “They are profoundly grateful for the support, love and prayers of everyone, and ask for privacy during this very difficult time.”

The statement did not disclose the definite cause of death or mention Ms. Richardson’s specific medical condition.

However, there is a lesson contained in this tragic loss that can be learned by everyone. Never take for granted the potential risk from seemingly minor head trauma. Wrongful death accident lawyers in Arizona and throughout the nation help those that have suffered serious brain injury fight this misconception every day.

A traumatic brain injury is a serious condition that posses life-altering changes and in the most extreme cases, claims the life of someone well before his or her time. As in the case of Ms. Richardson, unfortunately trauma from a head injury does not need to be seen immediately after an accident for there to be damage done to the brain. Many Arizona personal injury jury trials revolve around questions of head injury when there was only a slight initial trauma. The best neurologists are often needed to prove that serious and even fatal head injuries can occur without what appears to be a major accident at the outset.

A head injury can result from the negligence of someone other than the injured victim, and in those cases, the negligent party can be liable for physical damages suffered and financial strains due to medical expenses. In some cases, a wrongful death lawsuit can be filed by the family of the decedent whose cause of death involved a traumatic brain injury due to negligence.

Continue reading " Actress Natasha Richardson Dies from Head Injury " »

As Arizona personal injury lawyers who help families following all kinds of unexpected tragedies, among the hardest to deal with are childhood drownings. However, we cannot ignore this. The reality is that there are far too many preventable deaths throughout Arizona. Therefore, it is worthy of our effort to share information to discuss what must be done to try to greatly decrease the amount of childhood drowning and near drownings that occur throughout Phoenix, Arizona and Tucson, Arizona and throughout the entire state.

According to this article, the American Academy of Pediatrics recommends that children learn how to swim beginning at 4 years of age. However, there is also information that suggests that children as young as 6 months old may be able to be taught to swim at least to the extent that they could survive if they ever fell into a pool. Now, as personal injury lawyers in Phoenix, we are not in a position to take sides on this debate. However, we can share our thoughts regarding the entire process and the importance of teaching children how to swim.

The sooner a child knows how to swim, the sooner they are safe around water. So much of the focus when it comes to childhood drownings in Arizona rests on the failure to have a proper self-closing and self-latching pool gate, the failure to properly watch and protect children around water, and other matters that are almost secondary. Do not misunderstand our point. It is absolutely vital to keep children safe around water.

We have seen far too many cases where caregivers, babysitters, grandparents, and others that do not live in the home took their eyes off a child and forgot about the dangers of that pool in the backyard. To a person who cannot swim, and in particular to a child who cannot swim, that is not a beautiful pool in the backyard. Instead, it is a hole filled with poison. Because, just like poison, as soon as a child comes in contact with that water unless the child is immediately pulled out, a child who cannot swim is likely to die in that pool. Too often people forget about this. Therefore, the best and first step particularly for somebody who has a backyard pool or even a neighbor with a backyard pool is to teach the child to swim as soon as you believe it is appropriate to do so.

Some may question why personal injury lawyers in Arizona even discuss or share information regarding drowning. First and foremost, anything that can be done to decrease the number of children's injuries in Arizona must be done by anybody. Also, as personal injury lawyers, we understand that lawsuits often are brought on behalf of a grieving family who has a seriously injured child or, even worse, a child who has died as a result of the negligence of a babysitter or somebody else. Very often, lawsuits can be brought and monies can be obtained to help the families pay for the medical bills and to try to deal with this horrendous tragedy. However, lawsuits against people as a result of childhood drowning are nothing, absolutely nothing, compared to the possibility of preventing these incidents.

Continue reading " Preventing Childhood Drowning Accidents " »

As experienced Phoenix car accident attorneys, we want to applaud the efforts of Yuma, Arizona police for trying to get people to wear their seatbelts more. There is no question that seatbelts save lives. In a recent article, Yuma police were reporting that they were taking extra measures to make sure drivers and passengers wore their seatbelts.

As attorneys, we have seen too many life changing injuries, many of which left families without a loved one who was fatally injured, or other people with serious permanent injuries that would have been lessened if they had not failed to wear their seatbelt. Of course, seatbelts do not save lives in every case, but seatbelts do save lives in many situations. Sometimes a seatbelt can offer very little value, but other times it has been proven that a seatbelt saved the life of an innocent individual.

This is especially the case when it comes to children's car seats. As attorneys, we suggest that all people wear their seatbelts. Far too many people are calling us with horrendous injuries due to automobile accidents in Arizona. We see already that many people are wearing their seatbelts, but it would be better if every driver and passenger was required to wear their seatbelt before the car moved even one inch out of the parking spot. We already know Arizona law requires the use of seatbelts, but is time we all require seatbelt use of each other.

People should be wearing their seatbelt not just because it is the law, but because it may save your life. There have been many stories where a person put their seatbelt on and a moment later they were involved in a terrible automobile accident and it was the seatbelt that saved their life. Also, if for no other reason, spare yourself or your family a lifetime of regrets and “what ifs” following a terrible crash.

Continue reading " Avoid Becoming a Personal Injury Insurance Claimant: Wear Your Seatbelt " »

As experienced motorcycle accident attorneys in Arizona, it is interesting to see that many lawyers who claim, among their “legal credentials” to handle a claim, that they are "motorcycle accident lawyers" because they ride motorcycles. Is riding a motorcycle a credential of being the best motorcycle accident attorney in Arizona? Is it really important to the injured victim or the family of a lost loved one killed in a motorcycle accident if the attorney they hire rides a motorcycle?

In our experience, the answer is no. It does not matter if the attorney you choose rides a motorcycle or not. What matters is that the attorney is experienced in handling cases of serious injury and wrongful death in Phoenix.

The truth of the matters is that if you were involved in a serious motorcycle accident in Arizona and needed a doctor, you would not turn to the neurosurgeon who is about to operate on someone with a brain injury after a motorcycle accident and ask the doctor if he rode motorcycles or not. In fact, you probably would not even care one bit if the doctor rode a motorcycle. Instead you would want the best possible neurosurgeon. It is the same for hiring an attorney in Arizona if you have been involved in a motorcycle accident. Hire the best possible attorney.

We are attorneys. However, we do not pretend to be what we are not, and we make no bones about who we are as people and as lawyers helping bikers after injury accidents. We do not ride motorcycles. We will tell you that upfront. In contrast, as an attorney, Mark is a certified specialist in wrongful death law in Arizona and has handled many motorcycle accidents in Arizona. The reality is that many motorcycle accident cases can be very complicated and it is important that the motorcycle rider have an experienced attorney on his side.

Continue reading " Hiring Arizona Motorcycle Accident Injury Attorneys Who Do Not Ride? " »