Arizona Accident Lawyer Blog

A 24-year old mother and her 6-week old baby girl were injured when their 2004 Ford Explorer unexpectedly rolled over them while the mother was unloading groceries from the front passenger seat, according to the website, JustSayNews.com. The passenger door knocked the woman and her child down after the truck began to roll down the inclined drive way. The right front tire ran over the woman’s ankles and feet, but the infant sustained severe internal injuries and later died at a local hospital.

Defective vehicles pose many dangers even when off the road. Investigators aren’t sure why the vehicle rolled backwards and the truck will be examined fully by mechanics who specialize in Ford Explorers. It is possible that a defective part on the truck caused it to roll, in which case the victim may seek restitution for her losses. Sadly, no amount of monetary compensation will bring her baby girl back, but it may help with the financial burden of medical bills, funeral costs and pain and suffering.

Continue reading "Lake Havasu City Drive Way Car Accident" »

As Arizona car accident attorneys, we understand that anyone who has ever sped through an intersection only to receive a ticket in the mail a couple of weeks later probably has a dislike toward red-light radar cameras. According to a FoxNews.com article, the cameras, which were originally designed to deter hazardous driving and prevent accidents at particularly troublesome intersections across the country, may be headed south. The cameras snap a photograph of the vehicle and the license plate as it drives through a red light signal.

Due to the rough economy, the cameras, which are in place in 450 counties nationwide, may see a decline in use. Arizona was one of the biggest proponents of the system when it came out. But now, with increased pressure from activists and the state of the economy, Governor Jan Brewer allowed the two year contract that kept the cameras active to lapse, putting an end to the Arizona red-light radar camera program.

While the use of red-light radar cameras may be a financial thorn in the sides of many motorists, the original reason for the cameras was as a preventative measure. Drivers who speed up to make the yellow light or run red lights altogether increase the chances of an intersection accident. According to the National Highway Traffic Safety Administration (NHTSA), there were 2.3 million intersection related accidents in 2008, which resulted in 7,770 fatalities and over 733,000 injuries. Approximately 165,000 people are injured annually due to drivers who run red lights.

If you or someone you love has been injured in an Arizona intersection auto accident, you’ll want to contact the experienced attorneys at Breyer Law Offices, P.C. You deserve to understand and protect your rights, especially if your accident and injuries were caused by another driver’s negligence. Our skilled and knowledgeable Phoenix personal injury lawyers will explain all of your options to you so that you can make an informed decision that is best for you and your family. Call Breyer Law Offices, P.C. today at (602) 978-6400.

When a serious accident occurs and a police officer responds and thinks that somebody should have been able to halt their car to avoid the accident, the driver the officer believes is responsible will often be cited with ARS 28-701(A). This simply means that the driver failed to control the speed of the car to avoid a car accident – and it is a common citation in severe personal injury cases in Arizona.

But it is important to remember that just because a police officer issued a citation, doesn’t mean that all questions will end regarding who was at fault and how serious the accident was. First of all, the police citation does not say which person was at fault. Rather, it states who violated the specific law and statute. In addition, the officer’s determination is not final. Only a judge and jury’s determination is final when it comes to figuring out fault for an Arizona accident.

As Phoenix injury attorneys, we get a lot of calls from people not cited in an accident who can’t understand why an insurance company is refusing to accept responsibility for the accident. The reason for this is that the insurance company is not required by Arizona law to follow the citation. In these cases, it’s important to hire a personal injury attorney to get the insurance company to accept the responsibility.

If you’ve been badly injured in an Arizona car accident and don’t know where to turn, please feel free to call the Breyer Law Offices. Our Phoenix car accident lawyers can review your claim and give you an honest assessment of where we think you stand. You can always depend on us for honest, upfront answers.

Most people don’t know that there is an entire law that governs drivers turning left at an intersection – it called ARS 28 772. The reason for the law is that so many victims of car accidents were injured when the negligent party was making a left turn. These cases can get complicated, so it’s important to hire an Phoenix injury lawyer who has experience with left turn car accidents.

When these accidents happen, many times, the individual making the left turn will be found responsible for the accident by the police officer responding to the scene. But the question regarding who was at fault doesn’t end there. Under the personal injury laws in Arizona, the fault can be divided up among multiple parties, so both drivers may be found partially at fault.

In addition, the police officer’s citation isn’t admissible as evidence. So, as a result, just because someone was given a ticket doesn’t necessarily mean that their insurance company will be responsible for fully compensating the injured victim. The opposite holds true as well. If the officer gave the injured person a ticket, that doesn’t mean there isn’t a personal injury claim to be pursued.

To determine whether or not someone has the right to file a personal injury claim, consulting with an attorney is usually necessary. At Breyer Law Offices, we have experience dealing with personal injury cases involving left turn accidents. If you have any questions, or are wondering whether you have a valid personal injury claim, please contact us. We can help.

When someone gets hit while crossing the street or when they are walking along the side of the road, the injured person often has no idea what type of lawyer to hire. Should the person hire a car accident lawyer or a pedestrian accident attorney? The reality of the situation requires the injured party hiring the best Arizona accident injury lawyer that he or she can find. Nearly every top attorney knows extensively about helping both pedestrians and those riding or driving in cars.

A number of people ask us if there are differences between aiding people who were hurt while in a vehicle as opposed to those who were walking. There are quite a few differences, as many laws that apply to pedestrians do not apply to vehicles. Further, there is also a bias among jurors against pedestrians. This bias may even filter down to the police officer investigating the accident. This usually is not intentional, but as experienced personal injury lawyers that deal with a wide variety of cases, we often see this predisposition to put the blame on the pedestrian, even in cases where the facts show that more of the blame is due to the driver of the vehicle involved.

Some of the best Phoenix personal injury attorneys will answer your questions honestly, without only trying to sell their services. For information about a pedestrian accident involving a vehicle or another personal injury claim, please contact us. We have ample experience working with all sorts of personal injury claims in Tucson, Phoenix, and other communities throughout Arizona. Regardless whether you feel your questions would be difficult to answer, please contact us. We can offer advice and information that will help you make the best decision for your family on how to proceed with your claim, whether to hire a lawyer, and if a lawyer is needed who the best one would be to handle your particular personal injury claim.

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.

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 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?" »

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?" »

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.

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.

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" »

Most people who have never dealt with an insurance company before just assume the company will treat them fairly. They have no qualms about contacting the negligent driver’s insurance company directly and think they can handle the case on their own. But insurance companies will not act in their best interest.

After all, they have shareholders and a bottom line to protect. So they will do whatever it takes to save money. In addition, when an injured victim contacts an insurance company directly, the company may try to twist their words and use those words against them. They may even claim the victim said things that they did not say.

As Peoria personal injury attorneys, we are obviously a biased source. But we deal with injured victims on a regular basis who are being denied fair compensation by the negligent driver’s insurance company. That’s why we encourage injured victims to first consult with an Arizona injury attorney.

Continue reading "Don't Talk to the Insurance Company First - Talk to a Peoria Personal Injury Attorney" »

Those who have suffered serious personal injury or who have lost a loved one in a wrongful death will often try to make the insurance claim on their own. Far too often, people believe that the insurance company will deal honestly and fairly with them if they make a claim. However, it is important for people to understand both the risks and benefits of making an injury claim against an insurance company without the help of a lawyer.

Not every injury victim that wants to make an insurance claim against a negligent driver needs to hire a personal injury lawyer. We expect that the best Scottsdale personal injury lawyers will always be honest with people and explain to them that there is no law requiring that an attorney help them in making an insurance claim.

Making an insurance claim can some times be as easy as notifying the insurance company of an accident, providing them with the information, and providing them with the details of the injuries or damages that were suffered. After that, a settlement may be obtained.

Continue reading "Can a Scottsdale, Arizona Insurance Claim Lawyer Help Me?" »

In Part One of our discussion of the various forms of evidence you may need to provide to the insurance company after being in a car accident in Arizona, we emphasized the importance of getting pictures of the accident scene. The importance of doing this coincides with taking photographs of somebody who's been seriously injured. We certainly understand how morbid this can sound. It can be very uncomfortable to take pictures of a loved one who has been seriously injured. Nobody wants to remember their loved one in that condition. It can be very difficult for the person who has been seriously injured to even look in a mirror at times, let alone have someone else take those photographs. However, what if those photographs were the difference between obtaining a life-changing and fair settlement offer and never receiving any compensation for the injury? Well, unfortunately very often that can be the case.

And of course, it is not just about photographs. There are experts who can measure skid marks and look at the debris field after an accident. There are experts who can collect evidence and documentation that can help put together or piece together who is at fault for a case. The top personal injury lawyers have experience in seeking out all the different types of documentation and other evidence that can help support a claim days, weeks, months, or even years after the fact.

Continue reading "Types of Evidence I Need to Give to the Insurance Company after an Auto Accident: Part Two" »

Many people understand that they need to have sufficient evidence in order to have a chance to receive fair compensation for their serious Scottsdale, Arizona personal injury claim. Some people believe that the insurance company will deal with them fairly as long as they provide certain evidence. Well, on the one hand that is true. At least it is true that you can count on the fact that if you have not collected all of the evidence you need to prove your claim, the insurance company is very unlikely to deal "fairly" with your case. It is probably then a leap of faith to believe that even if you have secured all of the necessary evidence that you can count on the insurance company to deal fairly with you in every case.

Insurance companies are for-profit businesses. There is absolutely nothing wrong with this. We expect companies to work towards making a profit. People who buy stock in the insurance companies expect those companies to do everything that they can in order to make that profit. However, the profit the insurance companies make far too often come at the expense of people who have suffered very serious personal injury cases and who will never return to the life that they had. Far too often, people who have lost loved ones in an accident that was caused by somebody else do not receive a fair settlement offer because the insurance company is hoping that they can increase their profit margins.

It is for this reason that the collection of evidence can be so vital. Many people are extremely uncomfortable with taking photographs of an accident scene. However, it is important to make sure that anything that can be photographed is photographed in order to preserve the evidence. Please refer to our next blog post for Part Two of this topic and to learn more about what kinds of evidence you can gather to help bolster any potential injury claim you may make.