Arizona Accident Lawyer Blog

When a pedestrian is involved in any car accident, serious injury or even death can often result. Even a slow moving vehicle can seriously injure someone who is walking. As pedestrians are unprotected by the body of a car and have no seatbelt to keep them from being thrown, the likelihood that someone hit by a car while walking will be seriously injured is very high. Motorized vehicles weigh many thousands of pounds and exert an extraordinary amount of force when they impact someone who is walking.

Possibly the most common type of accident involving pedestrians that we come across as Phoenix injury lawyers happens when a car or other vehicle turns right. This usually happens when the vehicle turns right into a private driveway or at an intersection. Too many drivers often fail to look right to avoid hitting pedestrians, though many will look to their left to make sure that there are no oncoming vehicles.

Continue reading " Motorist Liability in Phoenix Pedestrian Accidents " »

Falls continue to be a leading cause of Arizona construction accident injuries and fatalities. Such fatal construction scaffolding falls are usually caused by loose or unstable scaffolding, lack of fall prevention mechanisms or some type of slippage. Falls can result in catastrophic injuries including traumatic brain injuries and spinal cord injuries, which can essentially prevent a worker from having a livelihood for the rest of his life. This can be emotionally and financially damaging, not only to the worker, but to his entire family.

According to a recent news report, a construction worker was killed after he fell from scaffolding into a hole and was then buried by a large amount of soil. Officials say that the worker fell into the excavated hole while using a compactor 6 feet above the ground and 15 feet above the bottom of the hole. It is believed that the vibrations from the compactor caused the worker to lose his balance and fall into the hole.

Employers can be held accountable for on the job injuries and fatalities when they fail to provide safe work conditions. The Occupational and Safety Health Administration (OSHA) can slap employers with serious citations and fines if they are found to have been negligent. Arizona employers are required under state and federal law, to provide safe work conditions for their workers. In such cases, victims' families have the legal right to pursue compensation for their tremendous loss. If negligence is found on the part of the contractor or a sub-contractor (an entity other than the employer), there is the potential for third-party claims as well.

Continue reading " Worker Falls to his Death in Construction Site " »

There is no real mystery about filing a lawsuit. Rather, it is determining whether the lawsuit is legitimate or not that is the key. Fortunately, people are not generally able to sustain legal action against their neighbor just because they do not like the color of the hat that he or she wears, though a person can still file a lawsuit about it. The clerk of the court will happily accept the check, and will just ensure that all the paperwork looks correct. It is not up to the person who takes your check at the counter to determine whether there is a legitimate reason for a lawsuit or not. In fact, whether the lawsuit is filed in Maricopa County or elsewhere in the State of Arizona, no one but a judge can determine whether any claim is legitimate or not.

You do not even need an Arizona accident lawyer to file a complaint. Anyone can file a lawsuit about anything at any time. You can sue your next-door neighbor simply because you do not like the color of their hat. This type of lawsuit might even be filed next to a legitimate personal injury suit claiming damages after a serious injury that resulted from an accident caused by someone who drove under the influence of alcohol or drugs.

Continue reading " Filing Lawsuits and Complaints in Arizona " »

As car accident lawyers serving clients in Scottsdale and throughout Arizona, we know that the victim’s family oftentimes feel helpless as they see their loved one in pain. But there are things that you can do to help strengthen the personal injury claim of your loved one.

The first thing that can be done is to take photos. Once you think you’ve taken enough photos, then go ahead and take a bunch more. This way you will have photographic evidence of the accident in case the defendant tries to dispute what happened. So what should you take pictures of? Your loved one’s car, the roadway where the accident happened, the defendant’s car, any skid marks that occurred, the hospital room where your loved one is staying, and all of their injuries.

Another thing you can do that is helpful to a personal injury claim is to make sure your loved one goes to all their doctor’s appointments and follows the doctor’s orders. By doing so, you will reduce the likelihood that there will be a long court battle over the severity of your loved one’s injuries.

If your loved one has been injured in an accident in Scottsdale and you’re looking for legal help, please contact our Scottsdale injury accident attorneys in Arizona. We will evaluate the personal injury case, answer your questions, and give you an honest assessment of all the legal options available to your loved one.

As personal injury lawyers in Peoria, we see many injured victims make the mistake of not going to the doctor when they need more treatment or are in pain. Many times, they think the injury is not a big deal and that the pain will go away. We certainly hope so, but this isn’t always the case. But if the pain gets worse and the injury turns out to actually be more severe, then the victim just made a huge mistake by not seeking treatment.

For example, someone may experience minor back pain following an auto accident. They may simply think it’s not a big deal and it will go away on its own. Then it gets to the point where the pain is excruciating, so they finally see a doctor. The doctor diagnoses them with a cracked vertebrae and says they need surgery. In most cases, the defendant will use this delay in treatment to claim that the victim’s injuries weren’t caused by the accident, but by some other event that happened after the accident.

If you’ve been injured in an accident in Peoria, or anywhere else in Arizona, please seek medical care immediately, whether you think your injuries are severe or not. If you waited to get care, and the defendant is trying to deny your claim, please contact the Arizona injury attorneys at Breyer Law Offices. We can answer your questions and discuss how to go about proving your injuries so you can win the compensation you deserve.

It is not impossible to predict the outcome of a personal injury case with at least some degree of accuracy. Experienced Phoenix accident lawyers will have a good idea what a jury may do in certain circumstances. That is good enough reason to hire a veteran Arizona personal injury attorney. Hiring an attorney who has a background in the type of case in which you are involved is the next best thing to having a crystal ball. Anyone without a crystal ball who says with certainty what a jury will do in a specific case is being dishonest.

Juries in Arizona are made up of eight randomly selected people, and different juries will not always agree on a verdict. This is the way people are. Individual people think differently and, because of this, each jury will have a unique dynamic and sometimes come to dissimilar conclusions. For this reason, no one knows for certain what a jury might do, though an expert personal injury lawyer will usually be able to determine what type of verdict to expect, based on past experience and other verdicts by jurists in similar cases.

It is for this reason that as experienced Arizona injury attorneys, we do not try to determine what is fair in any specific personal injury claim, but rather try to determine what a jury is likely to do. Speaking to an honest and experienced lawyer about a personal injury claim will help those who have been seriously injured due to someone else’s negligence decide whether or not to pursue their claim.

Continue reading " Toss the Crystal Ball - Phoenix Accident Attorney Addresses Decision to Settle a Case " »

While it sounds terrible, most personal injury lawsuits in Mesa, and throughout Arizona, are not decided on fact or on truth. Instead, they are decided on whether the plaintiff or the defendant presented the most compelling argument supported by evidence.

So how can you create the strongest case? In some instances, one good way is to keep a diary of your injuries after the accident. You have to be sure to keep a consistent and accurate record – but by doing so you can make sure that if the case ever goes to trial, the jury will be able to listen to an accurate account of your injuries and the impact they had on your life and your family. Evidence like this that is documented is much stronger than if you were to simply tell the jury about your injuries.

Another way to create a strong case is to hire a top Mesa accident attorney. A skilled and experienced attorney can review your case and determine whether keeping a diary will in fact strengthen your case. They can also work to ensure that your journal is not used against you by the defendant.

If you’ve been injured in an accident caused by a negligent party, and you’re wondering about keeping a diary, please contact us. We will evaluate your case, answer your questions, and let you know what we think your best course of action is.

One of the most dangerous places to work is at a construction job site, and one of the most common injury accidents in Arizona to occur on a construction site is falling. One third of construction accident deaths are attributed to falls. For this reason, knowing about your rights when it comes to injuries and deaths related to falls on construction sites is important for anyone affected by these accidents.

There are a number of factors that cause falls at a construction site. As the average construction site is so often full of debris and uneven surfaces, and frequently will include multiple levels of scaffolding or other structures, it is no wonder that falls are so common on construction sites. Uncovered holes or wall openings can create falling hazards, as can unprotected ledges or sides of buildings. Ladders that are not set up properly or that are not well maintained can lead to a slip and fall. Poorly built or maintained scaffolding may lack protection necessary to keep workers safe. Exposed material such as concrete, rebar, electrical wires, or other materials can pose additional hazards and cause greater injury to a worker who falls at a construction site. Even if a worker does not fall, a falling object can be dangerous to a worker and can cause serious injuries.

Falls can often be fatal for construction workers. Yet even if a worker does not die, there is still a real chance of permanent disability from a fall at a construction site. Some injuries that result from falls on construction sites include:

• Paralysis


• Nerve damage


• traumatic brain injury


• Amputation


• Broken bones


• Minor injuries (bruises and scrapes)

Continue reading " Preventing Arizona Injury Accidents at Construction Sites " »

One of the unfortunate after effects of a personal injury case is lost wages. In order to ensure you recover those wages you lost as a result of the accident, you should consider hiring a top car accident attorney with a successful track record in Maricopa County.

If you have been injured due to someone else’s negligence and you’re not able to work, you are entitled to be compensated for all of your lost salary and benefits. You may also be entitled to receive compensation for any future lost wages that are incurred because you are not able to continue working at the job you held before.

Continue reading " How Can I Recover Lost Wages if I've Been Injured in a Car Accident in Maricopa County? " »

Situated in Maricopa County, the city of Glendale, Arizona has an approximate population of 251,522 and is only nine miles away from the downtown area of Phoenix. Several residents and visitors enjoy Glendale playing host to the Tostitos fiesta Bowl and being home to NHL’s Phoenix coyotes, N NFL’s Arizona Cardinals, and the NLL’s Arizona Sting. Super Bowl XLII brought much attention to Glendale’s vibrant and diverse community in 2008. With so many people using a wide range of businesses and various properties, slip and fall accidents in Glendale, as well as other accidents resulting from dangerous premises, occur once in a while.

Slip and fall accidents in Glendale are more serious than most individuals realize and can create several impositions for an injured person and his or her family to endure. Some factors that influence the severity of a slip fall accident injury include age, position of the fall and what a person falls onto. Whether a person suffers torn ligaments, broken bones, concussion, spinal cord injury, or internal bruising, slip and fall accidents can lead to steep medical bills, loss of past and future earnings, pain and suffering, and other damages.

If it is determined that a business or a private property owner neglected to properly warn of potential dangers on a premises, the owner may be held liable for their negligence and disregard for visitor safety if a slip and fall accident takes place. If you or someone close to you have been hurt in Glendale due to hazardous premise, an experienced Glendale slip and fall accident lawyer can help you obtain the compensation you need to get your life back in order.

Mark and Alexis Breyer at Breyer Law Offices, P.C. have devoted many years to assisting those injured by another person’s negligence in slip and fall accidents and several other personal injury incidents. As a knowledgeable and skilled Husband and Wife Law Team, Mark and Alexis Breyer will provide you with the information you need to decide what the next best step is for your particular situation. Call Breyer Law today at 623-930-8064 for a free, no-obligation consultation of your potential injury claim or visit www.breyerlaw.com for more helpful information.

In personal injury cases in Scottsdale, and throughout the U.S., witnesses play a very important role. They provide the most credible testimony about what happened at an accident. But a witness can truly make or break the case. For example, a case could be lost because the personal injury victim and their lawyer cannot get a hold of a witness or the witness isn’t willing to testify. On the flip side, a personal injury case can be just as easily won by a witness who gives strong and credible testimony in favor of the plaintiff.

Besides witnesses to the accident, there are also other kinds of witnesses. For example, there are witnesses who can testify to the impacts the injuries have had on the victim’s life. While the injured person will testify as to the impact of the injuries on their own life, they are a biased source. So testimony coming from someone other than victim that verifies the victim’s claims can be very compelling.

If you’ve been injured in a Scottsdale car accident and have questions about witnesses, please contact a skilled Scottsdale auto accident injury lawyers who will evaluate your claim, answer your questions, and give you an honest assessment of all your legal options.

As Tucson, Arizona car accident lawyers, we’ve seen so many cases that have resulted in horrible injuries. One cause of these kinds of awful accidents that seems to be rising steadily is texting. Most people know that texting and driving is dangerous. But did you also know that it’s potentially criminal as well?

The Supreme Court in the State of Arizona has ruled that in drunk driving cases punitive damages are appropriate. That basically means that in addition to being held liable for things like medical bills, lost wages, and pain and suffering, drunk drivers are also subject to a fine that is used as a tool to punish them and to warn the general public about making the same kind of mistake.

The court has not ruled on punitive damages in cases involving texting, so we don’t know yet how those will be handled; possibly on a case-by-case basis.

Continue reading " I've Been Injured by a Driver Who Was Texting and Driving: What Are My Rights? " »

A plaintiff in a personal injury case and Rocky Balboa, from the Rocky movies. Those aren’t usually two people you’d read about in the same sentence. But they actually have a lot in common.

First of all, when we first meet Rocky in the movie, he’s going through some difficulties and is down on his luck. This is similar to the position that many plaintiffs in personal injury cases find themselves in. They have been badly injured in a car accident and are experiencing life-changing injuries.

Also, in case you forgot, Rocky lost the big fight at the end of the movie. But he was stubborn and willing to persevere, even when things didn’t look good. Again, this is similar to a personal injury plaintiff. Unfortunately, many people seem to think that Arizona personal injury victims are quitters and are taking the easy way out by filing a personal injury claim. This couldn’t be further from the truth.

Continue reading " What Do Personal Injury Plaintiffs and Rocky Balboa Have in Common? " »

As the capital of Arizona, one can only imagine just how busy and vibrant the city of Phoenix is. In being the fifth most populous city in the U.S., Phoenix is also recognized as the largest city in the Southwestern region. Phoenix has approximately 1,552,259 residents and is the main section of the Phoenix Metropolitan Area, which has about 4,179,427 residents in total. Widely known as a chief financial, industrial, economic, and cultural center of the Southwestern U.S., Phoenix experiences its share of injuries and wrongful deaths caused by accidents on a wide range of properties and in slip and fall accidents.

Several individuals do not understand the severity of slip and fall or trip and fall accidents in Phoenix. A person’s age, how they fall, what they land on, and many other circumstances can cause a person injured on another’s premises to endure bruising, lacerations, broken bones, torn ligaments, sprains, spinal cord injury, and even brain injury. Slip and fall injuries due to improper signage, inadequate warnings, or overall poorly maintained premises can lead to pain and suffering, loss of earnings, hefty medical bills, and other damages.

When a property owner or business disregards certain safety measures to provide a hazard-free environment and an individual suffers injury as a result, the owner of that property may be held liable for costs and damages associated with the accident. If you or someone close to you has been injured in Phoenix due to an unsafe premise, an experienced Phoenix slip and fall accident lawyer may be able to help you get the compensation that you need to get your life back in order.

The Husband and Wife Law Team at Breyer Law Offices, P.C. have devoted many years to helping premises liability and slip and fall accident victims in obtaining full and just compensation. Mark and Alexis Breyer have the legal knowledge and resources to take on any premises liability or slip and fall accident case. Contact Breyer Law today for a free, no-obligation consultation of your potential injury claim by calling 480-753-4534 or visit www.breyerlaw.com for more helpful information.

To put it simply: NO! In many cases, the insurance company will claim the statement is required. However, under Arizona law, this is not true when you’re dealing with the insurance company for the negligent party.

Instead, pressuring the victim into making a statement is simply a tactic used by insurance companies so they can later twist words and try to deny or reduce the amount of a claim.

As Phoenix car accident injury attorneys, we’ve heard so many people say they are just going to tell the truth to the insurance company. Well, we hope so. They are required by law to tell the truth. However, it’s not the accuracy of the victim’s statement we’re worried about.

It’s the intentions of the insurance company that has us concerned. If they are so concerned about what happened during the accident, why not just have the victim put it in writing or tell them to have a lawyer present?

The reason is that with a recorded statement, the insurance company is much more likely to be able to twist words, whereas if the statement is in writing, the victim won’t say anything off the top of their head.

If you’re being pressured by the negligent party’s insurance company to give a recorded statement, it’s time to consult with a personal injury attorney. At Breyer Law Offices, we are just a phone call away and can give you the honest advice and guidance you need to achieve the fairest possible results for your personal injury case.

Vicarious liability is a law in Arizona that deals with employers, employees and driving. It means that if an employee causes a car accident during the “course and scope” of their work, then the company they work for can also be held liable for the accident. Typically, when someone runs a red light or doesn’t stop at a stop sign, then they are solely responsible. But again, when they are working and cause an accident while on the road, then the employer is responsible, as well.

As car accident attorneys in Tucson, many cases involving devastating injuries have come across our desk over the years. These kinds of cases are bad enough when they are caused by a mistake. But when they are caused by something so avoidable as texting while driving, it seems much worse.

Therefore, if you’re an employer in the State of Arizona and your company requires employees to drive, then you should absolutely consider creating a “no texting while driving” policy. Hopefully the fear of being fired will deter employees from texting and driving.

If you’ve been injured in an accident caused by someone who was texting, please contact us. We can answer your questions and explain your rights against the driver, their employer, and any other entity that may have contributed to your accident.

People blame children too quickly when they do what children normally would do. As experienced Phoenix drowning child accident lawyers, we constantly fight against this sort of blaming the victim mentality when it comes to children and drowning. Children are curious and will wander. We feel, as do most people, that children should be supervised at all times, especially if there is a chance they could access a pool, pond, or other water feature. Sometimes negligent supervision may lead to a drowning, but to put the blame on the child is not acceptable.

When a small child that is too young to swim drowns in a swimming pool, it could be one of those accidents that just happens. Yet many times the tragedy results because of improper supervision. Other times, the problem is not supervision but the fact that the pool lacks safeguards to keep people out of the pool area. When such tragedies occur, it is often very difficult for the families to even consider a lawsuit.

There are often times when a lawsuit could be successful and appropriate from a legal standpoint, but it may not be in the best interests of the family, who are just dealing with the tragedy and rarely have the time or motivation to think of such things as wrongful death lawsuits. Yet time is of the essence in such cases, as there is a statute of limitations in drowning cases.

Continue reading " Personal Injury Attorneys in Phoenix, Arizona Discuss Drowning Accidents " »

In many personal injury cases, the defendant will try to dispute the traffic citation they received as a result of the accident. You may then be subpoenaed to appear in traffic court. When most people receive a subpoena, they are automatically worried. But they really shouldn’t be. A subpoena simply means that you, as the injured victim, are required to appear in court and tell your side of the story.

Even though as the Phoenix car accident victim you were the one to suffer injuries in the accident, you are also a witness to the accident. Therefore, it is very typical that you would be asked to appear in court and provide information pertaining to the accident.

Thinking about skipping the court appearance? Don’t! Failure to show up at such a hearing will negatively impact your auto accident case down the road. It will look like you were trying to avoid answering questions about the accident. But whatever information you’re able to provide to the court to help make the traffic citation stick is only going to help you auto accident case later on.

Before you move forward on a subpoena, it’s a good idea to consult with experienced Phoenix car accident attorneys to make sure your bases are covered. It’s always helpful to talk about what will take place during the hearing and to discuss the questions you could be asked.

If you’ve been injured in a Phoenix auto accident and you received a subpoena to appear in traffic court, please contact Breyer Law Offices. We’re happy to answer any questions you have and explain the process to you.

I am very familiar with people who suffer tragedy as certified specialist by the State Bar of Arizona in wrongful death and personal injury litigation. Many of our clients suffer tragedies that change their lives or who have lost loved ones through unanticipated traumatic occurrences. Yet the number of drownings that occur in Flagstaff, Tucson, Phoenix, and throughout Arizona is simply overwhelming.

Published reports tell a chilling story, stating that drowning is the number one cause of death for children between the ages of one to four years of age. Another study states that, other than deaths in motor vehicle accidents, drowning is also the leading cause of death for children aged one to fourteen.

These numbers mean nothing to the family that is trying to cope with a drowning tragedy. In most cases, filing a lawsuit or hiring Arizona swimming pool accident attorneys is one of the last things that occurs to families when they first learn that a family member has drowned or nearly drowned. At some point, however, families begin to consider their legal options.

Continue reading " Swimming Pool Drowning Tragedy Accidents in Phoenix " »

As experienced auto accident attorneys in Tucson, we’ve seen the devastating impacts of negligent drivers time and time again. One of the causes of these accidents that appear to be on the rise is texting. Texting and driving is not only dangerous, it’s also potentially criminal if it leads to an auto accident and it has personal injury lawsuit ramifications.

In Arizona, the Supreme Court has ruled that punitive damages are appropriate for drunk drivers who cause accidents. However, people who cause an accident by mistake and had no intent to cause the accident are not responsible for punitive damages.

What that means is that people who drink and drive are not only responsible for paying for things like medical bills, lost wages, and pain and suffering, but they can also be fined a large amount as a punishment and to send a message to the general public.

Continue reading " Information about Personal Injury Lawsuits in Tucson Involving Texting & Driving " »

Many people injured in Mesa car accidents make the mistake of not following up with their doctor when they need additional treatment or when they are in pain. They simply think they will get better. We hope so – but in many cases, they don’t, which is why it’s important to have all the injuries and pain and suffering documented for a Mesa personal injury case. Otherwise, the defendant can later claim the victim wasn’t actually suffering the injuries and pain they did in fact suffer from.

What’s worse is when injuries are more severe than they seem to be at first. For example, someone may experience some shoulder pain following an accident and not think it’s a big deal. They may wait to see a doctor, until they’re in excruciating pain. When they do see the doctor, they find out they have a torn rotator cuff and require surgery. The defendant will then try to claim that the injury wasn’t caused by the accident since the victim waited so long to seek treatment.

Continue reading " Be Sure to Document Your Medical Treatment for Your Mesa Personal Injury Case " »

As auto accident attorneys in Phoenix, we’ve seen many personal injury cases where the victim’s family didn’t know what to do after their loved one was seriously injured. The victim should focus on getting better. However, there are steps that a family can take to preserve evidence and help strengthen a potential personal injury case.

First, take lots of pictures. When you think you’ve taken enough pictures, take more. Take pictures of anything that could be later disputed by the defendant, such as the car, where the accident took place, anything near the accident, skid marks, the hospital rooms, and the injuries sustained. Every single photograph counts because the defendant and the insurance company will try to dispute the claim.

Another helpful thing you can do is to ensure your loved one is following doctor’s orders. Make sure they take their medicine and make it to their appointments. Taking this step will help to reduce the likelihood of a long legal battle over an issue that could have been proven by a single notation on a medical chart.

If your loved one has been injured in an auto accident in Arizona and you’re looking for help, please contact Breyer Law Offices. We’re just a phone call away and can give you the information you need to ensure your loved one’s injury claim is properly documented.

When a bad car accident happens in Tucson, or anywhere else in Arizona, documentation of the injuries begins right at the scene of the accident by first responders. Whether the injured victim is transported via ambulance or helicopter, documentation of injuries continues by the EMTs. Upon arriving at the hospital, further notes are taken by the medical staff documenting the person’s injuries. So within 45 minutes of a car accident in Tucson, there are usually at least three sets of notes describing the injuries – all of which end up in the victim’s medical records.

The medical records continue to grow, as the victim is treated for their injuries. Medical staff do their best to properly document injuries, however these records are oftentimes inaccurate due to time limitations, communication issues, and a host of other factors. Overcoming such errors can be difficult when considering the faith people put in medical charts.

Continue reading " An Attorney Experienced in Going through Medical Records is Critical to Your Tucson Personal Injury Case " »