Arizona Accident Lawyer Blog

In addition to a negligent party’s insurance, an auto accident injury victim may have coverage of which they are not aware. This is called uninsured motorist coverage, and this coverage pays out when there is an accident involving the insured in which the other party does not have insurance. Many times, an injury victim in Chandler, Arizona is afraid to file under uninsured motorist coverage because they do not know their rights in such cases.

Arizona law does not allow the insurance company to raise people’s insurance rates if they claim under their uninsured motorist coverage. Filing an uninsured motorist claim, known also as a UM claim, is the best way to protect your rights if the responsible party does not have insurance. The reason uninsured motorist coverage exists is to protect you in the event you are seriously hurt in a car accident in which the responsible party does not have insurance.

As Phoenix personal injury attorneys, we often explain that the law requires that everyone carry liability coverage. If someone were at fault in an accident, that person’s liability coverage will pay damages for those injured due to the driver’s negligence. Yet uninsured or underinsured motorist coverage (UM and UIM) will protect those hurt due to someone else’s negligence in a motor vehicle accident when the at fault driver either has no insurance or does not have enough insurance to cover all damages. Not to pursue either uninsured or underinsured motorist coverage after a serious Arizona car accident would make very little sense in such cases.

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Scottsdale is a prominent and popular city in Arizona with approximately 235,371 residents. Bordered by Phoenix and situated in Maricopa County’s eastern area, Scottsdale is widely known for its valuable real estate, pleasant sunny weather, and highly diverse culture. Often described as “a desert version of Miami’s South Beach,” Scottsdale attracts several motorcyclists who enjoy taking to the city’s scenic roads. However, motorcycle accidents have been known to occur in Scottsdale due to negligent drivers, defective motorcycle or auto parts, dangerous road conditions, or for many other reasons.

No matter what the cause of a Scottsdale motorcycle crash, a motorcyclist may suffer serious injuries due to being more exposed to the road and surrounding objects than those occupying a passenger vehicle or truck. When a motorcyclist is harmed physically, emotionally, and financially due to being injured in an accident, he or she may seek monetary restitution to help cover such damages. An experienced Scottsdale motorcycle accident attorney may be able to assist an injured motorcyclist in obtaining compensation for medical bills, pain and suffering, property damage, and earnings lost.

As one of the most catastrophic injuries a motorcyclist may suffer, traumatic brain injury (TBI) can occur even when a motorcyclist is wearing a helmet. The severity of a brain injury in a motorcycle accident in Scottsdale is typically affected by the size of the vehicle involved and its rate of speed. If a brain injury is brought about by another motorist’s negligence, an injured motorcyclist may hold them legally responsible. Brain injury may impose long-lasting consequences upon an injured individual and their family, which is why seeking compensation can be financially beneficial for the injured party. Such instances may also help prevent similar accidents to take place in the future if motorists realize there are harsh repercussions for driving negligently.

Mark and Alexis Breyer’s husband and wife law team at Breyer Law Offices, P.C. have worked meticulously to help their clients with getting the best possible compensation for their brain injury or motorcycle accident. Considering the many years of experience Breyer Law has working with local courts and judges in the East Valley area and throughout the State of Arizona, their clients are given the quality representation and counsel that they need. Call Breyer Law today at 480-753-4534 for a no-obligation, free consultation of your Scottsdale brain injury or motorcycle accident case.

The answer to this question is almost always no. A settlement is a one time thing in nearly every Arizona personal injury case. The insurance company has an obligation to the people it insures, and someone who causes a serious accident that results in an injury does not want to get sued by the same person for the same accident. They want their insurance company to make sure that it pays all the money that is owed to the injured party so that there is no recourse against them later.

Consider this, if you were in an accident that you caused and had insurance to protect against such an eventuality, you would expect your insurance company to do everything possible so that you would be protected. You would not want to owe anything more to the injured party, as you would expect your insurance to take care of it, as that is what insurance does. It would not make sense if the insurance company paid out the injured party everything they wanted and then left you in a position in which you could still be sued for more money. In such a case, you would have a very valid disagreement with the insurance company, as the insurance company would not be doing the job for which you paid it. Insurance in cases like these is to protect a negligent party from financial loss.

Continue reading "Can I Settle My AZ Personal Injury Case and Get Money Later for Medical Bills and Lost Wages incurred after I Settle?" »

Many car accidents in and around Chandler, Arizona unfortunately involve people who were responsible for the accident but do not have any insurance. This can be a frustrating scenario for someone who has been seriously injured in such a car accident for which he or she was not responsible. Though there is no easy solution for such a problem, finding a skilled auto accident attorney in Chandler can make things considerably easier.

Firstly, just because a driver did not have insurance does not mean there is no insurance claim. There is always a chance that the driver lied about the availability of insurance for the car accident claim. As experienced personal injury attorneys, we have seen cases in which our investigation uncovered insurance that could help our client pay for medical expenses, lost income, and other compensation for injury incurred from the accident.

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As a victim of a personal injury, the insurance company will not be on your side. It is not their job to be on your side and, in fact, the insurance company has an obligation to not be on the side of any personal injury victim. This stems from the fact that most insurance companies are publicly traded, and are obligated to make a profit for their shareholders. Paying out huge settlements does not help an insurance company’s profit margin, so they will try to do everything possible to keep from paying out large sums.

Any documentation you get from an insurance company after a Chandler car accident is almost certainly not for the benefit of you as a personal injury victim nor will these forms protect your personal injury claim. Now, this does not mean the insurance company is diabolical, and neither does it mean that the documents cannot be filled out at some point. Yet because the insurance company will not be on your side, any documents you get from them should be looked at by a top Chandler car accident attorney. Not consulting with a Chandler personal injury lawyer before filling out such forms can be a big mistake.

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There are a number of laws and court rules that affect Arizona personal injury cases and which impact on everything that must be done in order to file a Chandler car accident claim. As experienced Chandler car accident attorneys, we do understand that the priority after any serious vehicle accident lies with the person who was injured. There are certainly much more urgent concerns than dealing with the mundane legal issues immediately after a Chandler car accident that results in a wrongful death.

Yet the reality in any Arizona civil suit filed in a Maricopa County court is that these cases are governed by the Arizona Rules of Civil Procedure. These guidelines on civil procedure dictate how complaints must be filed, how they should be served, to whom the complaint ought to be served, what information must be supplied by defendants and insurance companies, what information injured parties are supposed to provide to the defense, etc.

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Arizona law attempts to even things up by stating that the person who caused an accident must compensate a person for the pain that they suffered. This also includes frustration, anxiety, the inability to do regular daily activities, incapability of participating in recreational activities, lack of sleep due to pain, and the lack of ability to walk long distances or sit for long periods because of the pain resulting from the injury. We could continue with this list, but the point we are trying to make is clear. A victim of an accident that was not his or her fault has the right to full and fair compensation under the law. This does include pain, but it also includes every other aspect of the person’s life that is affected by this pain.

It is never easy to put an exact dollar figure on these sorts of damages. There is no simple formula for the amount that can be legally recovered. As personal injury Phoenix lawyers, we have heard too often that other personal injury law firms tell people that their accident claim is worth three times what the medical bills cost. This is not true in most cases.

Continue reading "Determining "Fair" Compensation for Personal Injury Victims" »

Chandler is a popular suburb located in the Phoenix, Arizona region. With an estimated population of 247,140, Chandler is one of the Valley’s most thriving cities. Chandler is situated in Maricopa County and is bordered by Tempe, Mesa, Gilbert, Phoenix, and the Gila River Indian Community. Visitors are drawn to Chandler for its lovely landscape and diverse community, which are only a few of the many reasons why families decide to call Chandler home.

Whether a person is a resident or just passing through, many motorcyclists take to Chandler’s roadways. However, it is an unfortunate reality that motorcycle accidents in Chandler take place from time to time in which brain injury may be a serious result. Being injured in a Chandler motorcycle accident can be an overwhelming experience that may impose tremendous physical, emotional, and financial challenges. When motorcycle crashes are caused by another driver’s negligence, an injured victim may seek legal assistance from an experienced Chandler motorcycle accident lawyer.

Traumatic brain injury (TBI) is unfortunately a common injury caused by a motorcycle accident. Due to a motorcyclist’s heightened exposure to the impact of the road and surrounding objects, riders risk enduring catastrophic injuries even if he or she is wearing a helmet. If a brain injury incident or motorcycle accident is brought about by another person’s negligence, an injured individual may obtain monetary compensation to help pay for medical treatment and long-term care.

At Breyer Law Offices, P.C. our skilled Husband and Wife Law Team have dedicated many years to helping our clients with obtaining the best possible restitution for their motorcycle accident or brain injury. Mark and Alexis Breyer have a strong familiarity with local courts and judges in the East Valley area and throughout the State of Arizona. Contact Breyer Law Offices, P.C. today for a free, no-obligation consultation of your Chandler motorcycle accident or brain injury case today.

Many people cause Chandler car accidents by talking on their cell phones while driving. Sending text messages while driving also greatly increases the risk of an accident that will result in serious injuries to others. This is one of the more obvious forms of negligence, but not paying attention to the road while driving can and does lead to tragic consequences. It is important to pay attention to the road while driving, as distractions too often lead to accidents that result in serious injuries or even death.

Too many times people who have suffered a serious injury in a Chandler car crash suspect that the other driver was talking on his or her cell phone at the time and was therefore not paying attention to the road. The injured person may suspect or even have specific evidence that the driver was sending text messages at the time of the accident. In cases like these where negligence seems clearly apparent, some people may wonder whether it is important to hire a Chandler personal injury lawyer when involved in a car accident where the other driver was not paying attention to the road, either because he or she was sending text messages or talking on the cell phone. There are a number of complexities involved in filing a personal injury claim, so in most cases it is usually best to have a qualified personal injury attorney on your side.

Continue reading "Driving and Texting or Talking on Cell is a Form of Negligence" »

One of the most common causes of motorcycle accidents is when a car turns left in front of a motorcycle. This documentation comes straight from a Harley Davidson owner’s manual, which references this inattention on the part of a driver when turning left as being one of the most common types of accidents for motorcyclists. As experienced Arizona personal injury attorneys, we have seen similar accidents resulting in serious injury for the motorcycle rider occur repeatedly. Drivers of cars for some reason simply fail to recognize that they must look for and yield to oncoming motorcycles as well as other oncoming vehicles when turning left.

A common defense in these types of accidents for many negligent drivers and, we might add, their insurance companies, is that the motorcyclist was speeding. They may even admit that they did not see the motorcyclist, but in their mind the accident occurred not because they failed to see the motorcycle, but rather because the motorcycle was going too fast.

Continue reading "One of the Most Common Causes of Chandler Motorcycle Accidents in Arizona" »

As a lively city in Arizona, Glendale has approximately 251,522 inhabitants. Situated in Maricopa County, Glendale is merely nine miles from the busy area of downtown Phoenix. Several visitors and residents find Glendale entertaining with the city being the home to the NHL’s Phoenix Coyotes, NFL’s Arizona Cardinals, and the NLL’s Arizona Sting. As a consequence of being such a popular tourist destination and a diverse city to live in, motorcycle accidents in Glendale have been known to take place in which brain injury may be a serious and unfortunate result.

There is no doubt that being injured in a Glendale motorcycle collision is a frightening experience that may compromise a person’s health and well-being. However, those who have been injured in such accidents due to another driver’s negligence may find it beneficial to have a skilled Glendale motorcycle accident attorney on their side. Whether or not a motorcycle crash is caused by a distracted driver, dangerous road condition, or defective motorcycle or auto part, a motorcyclist may endure minor to severe injuries capable of bringing about tremendous physical, mental, and financial struggles. An experienced personal injury lawyer will work to help a motorcycle accident victim hold negligent parties responsible and obtain the compensation that they deserve.

As one of the most frequently seen motorcycle accident injuries, traumatic brain injury (TBI) has the power to change a person’s life forever. Due to being more exposed to the impact of the highway and surrounding objects than those occupying a car or truck, motorcyclists are at risk of enduring catastrophic injuries such as TBI even when a quality helmet is worn properly. If a brain injury is caused by another person’s negligence, the injured individual may seek compensation to assist with financial expenses associated with medical care and long-term treatment for brain injuries.

The Husband and Wife Law Team at Breyer Law Offices, P.C. have dedicated many years to helping their clients with obtaining the best possible restitution for their motorcycle accident or brain injury. Mark and Alexis Breyer have a strong familiarity with local courts and judges in the East Valley area and throughout the State of Arizona. Contact Breyer Law Offices, P.C. today for a free, no-obligation consultation of your Glendale motorcycle accident or brain injury case today by calling 623-930-8064.

Health insurance is normally the first line of defense for any personal injury victim, as it will almost always afford the injured person with the best possible care and usually eliminates delays in treatment as well. There are three possibilities as to what the law will allow in such cases. The law could dictate in some personal injury cases that the health insurance company does not have to pay anything for an automobile accident or the medical expenses resulting from the accident, though this situation rarely occurs.

As Arizona injury personal lawyers, we know that another possibility under the law would be that the insurance for the person who caused the accident would not be responsible for medical bills if the injured person has health insurance. The law does not normally allow this, however, as this would reward the liable party’s insurance company, and the law does not provide for this sort of benefit for the liable party or insurance company.

The third possible outcome, and this is the usual course of the law in most cases, is that having two different insurance companies required to cover medical bills benefits the person injured in the accident, who made sure that they were properly covered in the first place. This brings up what is known as the “collateral source rule”, which means the liable party’s insurance company will have to cover all reasonable medical expenses incurred as the result of the car accident.

Continue reading "Compensation for Medical Bills after a Car Accident in Chandler, AZ" »

Any statement made to an insurance adjuster can be used against the injured party. An admission made by a personal injury victim in a conversation with an insurance company representative can later be used later in court against the plaintiff. This is what is called “admission against interest”, and this is why we strongly advise against speaking to an insurance company’s representative before consulting with a lawyer.

Now, coming back to the matter of personal injury victims telling the truth and believing this will protect them. Consider a situation in which an injured party speaks to an insurance adjuster who later states that the injured person admitted the accident was his or her fault. Even if the injured party did not state this, the statement can still be allowed as evidence in court and a new issue is then opened that should never have existed. In personal injury cases like these, the questions that are raised due to one person’s dishonesty can make a claim that could have been settled in months instead take years, and often cases that would normally have been settled ends up in court years after the accident.

Most people have heard of Miranda warnings. The police officers in television crime shows will normally say: “You have the right to remain silent. Anything you say can and will be used against you in a court of law…"

This is a legitimate warning in Arizona personal injury cases as well. Though not every statement “will be used against you” it should be assumed that anything you say will be, so the best policy when speaking to someone who does not have your best interests in mind is not to say anything to them at all.

Continue reading "Being Careful about Statements Made to an Insurance Adjuster" »

Putting trust in an insurance company can be dangerous. Many people who are injured in an Arizona car accident believe that if they tell the truth, that they will have nothing about which to worry, and that the truth will prevent insurance companies from taking advantage of them. The problem with this way of thinking is that the insurance company will not always be honest when recanting what was told to them, nor will the liable party always be honest about what happened to cause the accident.

We do not want to suggest that all insurance companies are dishonest, but as experienced personal Arizona injury lawyers that have helped a number of Chandler accident victims, we must assume that every insurance company involved in any car accident case will try to take advantage of our clients. Insurance companies are in the insurance business to make a profit, and it is for this reason why they attempt to settle for as little as possible.

The truth is that an insurance company, even an injured party’s own insurance company, does not prioritize fairness when they analyze a personal injury claim. The reality is that they are much more concerned with the company’s bottom line.

Continue reading "How Chandler Auto Accident Victims Can Protect Themselves from Insurance Companies" »

The city of Phoenix is the capital of Arizona and is the fifth most populous city in the United States. As the biggest city in the Southwestern region, Phoenix contains about 1,552,259 residents and is the hub of the Phoenix Metropolitan Area, which has approximately 4,179,427 inhabitants. Phoenix is a huge transportation center in North America and a major cultural, financial, economic, and industrial center for the Southwestern United States. Considering the enormous population of Phoenix and the unfortunate reality of motorcycle accidents and other personal injury incidents occurring, it is important for those who have been hurt to obtain help from an experienced Phoenix motorcycle accident attorney.

Motorcycle crashes in Phoenix may occur due to dangerous road conditions, defective motorcycle or auto parts, and mostly by negligent or distracted motorists. No matter what the cause of a motorcycle accident, injuries sustained by a motorcyclist can range from minor to catastrophic; therefore, imposing great physical, emotional, and financial struggle for an injury victim and his or her family to cope with.

Brain injury is one of the most serious and common injuries that a rider may sustain in a motorcycle collision. Because motorcyclists are typically more vulnerable to the impact of the road and surrounding objects than individuals in a car or truck, motorcyclists may suffer traumatic brain injury (TBI) even when wearing a helmet. If a brain injury is brought about by another individual’s negligence, an injured person may seek restitution to help pay for financial costs often associated with long-term treatment and medical care for brain injuries. A skilled Phoenix brain injury lawyer will help a motorcycle accident victim in their efforts to obtain compensation from negligent parties to help pay for medical bills, pain and suffering, property damage, lost earnings, and much more.

At Breyer Law Offices, P.C., Mark and Alexis Breyer’s husband and wife law team have worked hard to help their clients with obtaining the best possible compensation for their motorcycle accident or brain injury. With our strong familiarity with local courts and judges in the East Valley area and throughout the State of Arizona, we provide our clients the counsel and representation they require to be successful in their case. For a free, no-obligation consultation of your Phoenix motorcycle accident or brain injury case, call Breyer Law today at 602-978-6400.

A personal injury victim is entitled to compensation for all damages they suffered as the result of the negligence of the other party under Arizona personal injury law. This may include wage loss, future income, medical expenses, future medical bills, pain, suffering, loss of life’s enjoyment, anxiety, an inability to do normal life activities, and every other aspect of a personal injury victim’s life that was affected due to the liable party’s negligence.

The type of injury can help identify the value of a case. Someone injured in a Chandler car accident who has torn her rotator cuff and is unable to lift her arm will almost always be awarded more than someone with a less serious injury. Someone who sustained a serious brain injury in a Maricopa County car wreck, making him unable to return to work, is entitled to far more compensation under Arizona law than someone with a minor bruise to his forehead.

Continue reading "Seeking Compensation as a Chandler Auto Accident Victim" »

Victims of Chandler car accidents often wonder the exact value of their car accident claim. It is a question asked regularly of any experienced Arizona personal injury lawyer. This question unfortunately cannot usually be answered easily. We realize people injured in an Arizona car accident want to know whether it is worth their while to pursue a personal injury claim, and it is for this reason why an injured party will ask this question.

The reason this question is so difficult to answer accurately is because each personal injury claim depends on the case. Simply stated, the value of any Chandler car accident injury case is based on what a jury in Maricopa County, Arizona decides the personal injury victim is entitled to.

There are only two ways any Chandler personal injury case can conclude. The most common way a personal injury claim is resolved is through a settlement. This happens when the liable party, often in conjunction with their insurance company, comes to an agreement with the plaintiff on an amount for which the case should be settled. If a settlement does not come about, a jury will then decide on the amount of money that is fair compensation for the plaintiff. In fact, every settlement for a Chandler car accident is dependent upon what all involved parties believe a Maricopa County jury would award.

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Some people argue that wearing a seatbelt should be a choice. In other words, it should be left to each individual to decide if he or she will suffer a serious injury or avoid one. As Arizona personal injury attorneys, we have helped many people who’ve sustained severe injuries in auto accidents. Likewise we have helped the families of loved ones who have been lost in car crashes, too. More often than not, those serious injuries or tragic deaths could have been prevented if a seatbelt had been worn. Consider the people you love when you make the decision not to wear a seatbelt. Consider your financial interests, if is a significant motivating factor for you.

Here’s why. Wearing a seatbelt will allow you to receive full compensation if somebody else causes you a serious injury. In Arizona, even if somebody admits to being completely at fault for an accident—even if that person further admits that their negligence caused a debilitating injury to another driver-- the at fault driver can be released from responsibility without paying a dime if they show that a seatbelt would have decreased or eliminated the injury. The at fault driver – even when he has admitted fault– is not responsible for any of the medical bills, lost wages, or other compensable claims.

Continue reading "Arizona Seatbelt Laws and Personal Injury Claims (Part Three)" »

In our first post discussing seatbelt laws in Arizona, we mentioned that some doctors may state that if a person had worn a seatbelt, they would not have survived the car accident. Although this is not what most people expect to hear, it does happen. However, even if these statements come from medical doctors, those doctors were not present at the scene of the collision. They’re not crime scene experts reconstructing the accident, they are health professionals working to heal the wounded.

Although the service they provide is invaluable, the comments they make after the fact do not constitute a true expert opinion. They are qualified to determine the extent of injuries suffered, but not the direct cause of those injuries. They can only speculate that injuries were avoided as a result of not wearing a seatbelt.

Continue reading "Arizona Seatbelt Laws and Personal Injury Claims (Part Two)" »

As the first post in our three blog series discussing Arizona seatbelt laws and how they pertain to personal injury claims, we will begin by addressing that Arizona’s seatbelt laws are a little bit confusing to many people, but the underlying principles are well known. For example, most people understand that throughout the state, no matter where you are, you are required to wear a seatbelt. The public realizes that this has been the law in this state and almost every other state in the country for a long time. Drivers and passengers alike know they will get a traffic ticket if they drive without wearing a seatbelt.

But there are some important facts that most motorists don’t know. When it comes to how the failure to wear a seatbelt affects a personal injury claim, the question becomes more complicated.

Continue reading "Arizona Seatbelt Laws and Personal Injury Claims (Part One)" »