Arizona Accident Lawyer Blog

Severe injuries to a child. An allegation and evidence of a dangerous, defective product. How will this get resolved? Fortunately, through our jury system. I recently read about this tragic case where Trevor Dennis, a minor, suffered severe burns due to an alleged defective heater. The defendant, Coleman Company, has thus far refused to accept responsibility or settle the case. To some, this may sound like a story destined for injustice. However, perhaps those people do not realize the strength of our civil justice system: the jury. Nationally renowned law firm Bisnar Chase is handling the matter for the plaintiffs, so we know the plaintiffs are going to get a fair shot at justice. Without prejudging the case – it is the job of the jury to decide the facts of what happened and come to a final conclusion – I think it is fair to say that many defendants that have wrongfully denied justice have had to answer to the jury.

This, then, is not a final judgment of what occurred, but a great testament to the fact that everybody – from the young child to the international corporation – all can, for a day, sit on the same playing field, having to answer to the same jury. Justice can be delayed, but it should not be denied. We look forward to awaiting the outcome of the jury trial and hope that justice is done: whatever the jury deems that to be.

Source report:http://www.reuters.com/article/pressRelease/idUS152701+20-Mar-2008+BW20080320

Arizona personal injury attorneys face more complicated matters than automobile accidents. Negligence takes many forms. Each of us must avoid reckless behavior that could injure others. Specifically, we must protect children from negligence.

Drowning, or near-drowning, in backyard pools occurs too often in Arizona. Not all such situations lead to criminal prosecution-- there isn’t always a culprit when something goes wrong. But sometimes a babysitter gets distracted. Sometimes a neighbor is not paying attention, a broken playpen goes unrepaired, or a gate’s latch fails. In other words, sometimes the maker of the gate or the babysitter negligently endangers the child.

And thus reports like the recent case of a 2 year old rescued from a neighbor’s swimming pool near 35th Avenue in Camelback spark sympathy and outrage in all of us.

Most importantly, early reports indicate the child will likely recover.

Continue reading "Camelback 2 Year Old Found In Swimming Pool" »

Rollover accidents in Arizona cause a lot of cases injury attorneys see. However, we'd like to warn all drivers to avoid allowing passengers in the bed of a pickup truck. The bed of a pickup truck is a very dangerous place. Yet far too often we see passengers in the back of a moving vehicle.

Unfortunately, nearly 28,000 people die every year by falling against or from a vehicle, according to a report. Even allowing children in the back of a parked pickup truck can be dangerous because it’s easy for them to fall over the truck’s side, causing terrible, preventable injuries, and even wrongful death.

When truck bed passengers are rear-ended and hurt, arguing that it’s not the truck driver’s fault does not erase children's injuries in Phoenix.

But some would argue that allowing anybody to sit in the back of a truck-- moving or not – is negligent. We can avoid these injuries by simply prohibiting riding or playing in the bed of a pickup truck.

When someone is injured in a truck accident, legal issues and potential defenses are raised that cannot be sorted out in one article. It takes an experienced Phoenix personal injury lawyer to explain in the ramifications of injuries suffered to the person and family involved. The reality of who is likely to be found negligent in such a situation, or how the negligence would be divided, is a very fact-intensive question requiring a case-by-case review and skilled Scottsdale truck accident lawyer to explain.

We try not to spend too much time attacking the media since it seems as if everyone has a bone to pick with the media. The reality is that we are Phoenix personal injury lawyers. We have had many cases covered by the media and we have been interviewed multiple times as a result of those cases and for our experience as personal injury lawyers. If you choose to become an injury lawyer, you better have a thick skin. Therefore, we do not waste much time talking about all of the ways that the media coverage gets things wrong when it covers wrongful death claims and serious personal injury involving children or adults.

Having said that, we do applaud this article for looking more in-depth and giving a positive message about getting kids insured throughout the state of Arizona. Making sure children have all possible insurance – not just health insurance but even good automobile insurance that would cover them in case of an accident – is fantastic. It is always nice to see an article that may actually motivate people. Hopefully, just this little bit of discussion that we can have will get this article in the hands of enough people that somebody will take action.

As Arizona child injury attorneys, we hope nobody is involved in a terrible accident and we certainly hope beyond words that no child is. But at that critical moment where kids are hurt, having the insurance that will protect them and get them the best possible medical care that may make a difference in their lives is so vital we cannot stress the importance enough. After any family suffers a tragedy because of an accident, a personal injury lawyer can do everything possible to try to undo the harm. However, having the best possible insurance beforehand can make things better for everybody involved and can greatly increase the chance of a complete recovery.

If you or a loved one has been injured in an auto accident in Arizona and have questions regarding your insurance, the experienced Phoenix insurance coverage attorneys at Breyer Law Offices, P.C., can help you receive compensation so you can get your life back on track. Mark Breyer is certified by the state bar of Arizona in injury and wrongful death law and can provide you and your family with the help you need. Call us today at 602-978-6400 for a case evaluation and free consultation.

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.

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" »

Sometimes an injury is suffered and the person who gets hurt does not know who is at fault. On the other hand, a less common situation occurs when a person has clearly been injured by someone else’s negligence and may have the right to bring a personal injury claim; however, there were two different incidents that caused, or may have caused, the injury.

Experienced Phoenix trial lawyers are all too often required to help the families after a child has been seriously hurt in an auto accident. Usually, this involves just one driver who caused the accident. However, a recent report showed a child who was hit by two different cars, one right after the other in an example of how serious children's injuries in Arizona can be. Fortunately for everybody involved, it appears that this particular child is going to be okay. That is the best possible news.

Handling serious personal injury cases for children is about the most difficult thing a lawyer can do. The difficulty does not only relate to the complicated legalities, such as trying to predict future medical care for a young child, the cost the family will need to pay for future medical care that is unknown at the child’s young age. Concerns also include future money or loss of abilities to do certain jobs before the child is even out of school, and other complicating legal factors.

By far, the hardest part for all skilled Arizona auto accident lawyers in helping children with personal injuries is understanding the severity of what that child has gone through. A good lawyer must be active in answering the family's questions, be there for the child, and do everything possible to make sure justice is done legally for the child’s well-being. Unfortunately, there are limits to what a lawyer can do. Lawyers that claim they can do more than help through the means of the law are usually being somewhat misleading in terms of what they are saying.

Lawyers can help out in many ways. They can make sure that somebody is brought in to help with the school issues that arise when a child has been severely hurt. A lawyer can be there to help a family with the financial issues of medical bills that may be arising after a child has been seriously injured. A top Arizona personal injury lawyer can do more than just help with personal injury law.

But what would happen in those situations? An example is from the article where two different cars may have both been partially at fault for causing the child’s injury in Phoenix. It is the responsibility – called the burden of proof – for the plaintiff to show which at-fault party caused which percentage of the injuries. When two different cars strike somebody one right after the other, trying to divide the injuries between the two defendants may be impossible.

Continue reading "Phoenix Child Hit by Two Different Cars in Accident" »

Rollover accidents in Arizona cause a lot of the injuries that we see as Arizona Injury Attorneys. However, we'd like to take this opportunity to warn anybody who is driving to avoid leaving people in the bed of a pickup truck. The bed of a pickup truck is a very dangerous place and yet we see, far too often, people in the back of a pickup in a moving vehicle.

Unfortunately, about 28,000 people die every year as a result of falling against or from a vehicle, according to a report. If you consider the height involved, even allowing children to play in the back of a pickup truck that is not moving could be very dangerous. For instance, as the children stand up, it is easy for them to fall over the truck’s side. They could potentially land on an outstretched arm or, in the most severe cases, land on their head causing terrible, preventable injuries, and even wrongful death.

While one could argue that in the case of people getting hurt in the back of a pickup truck by someone else rear ending them, that it is not the fault of the person who allowed those people to sit in the back of the pickup truck, this does not erase children's injuries in Phoenix.

Continue reading "Arizona Car-Related Injuries Include Pick-Up Truck Beds" »

In Arizona, people are constantly encouraged to put gates around pools to protect toddlers and other children from falling into the pool and drowning. As experienced Arizona child injury lawyers, we have seen far too many times, cases where potential lawsuits have been made against negligent baby-sitters and other family members who failed to closely watch a child and serious injury resulted. However, what is even tougher to explain is a recent report of the potential malfunctioning pool gate that allowed a child to get through into the pool.

Apparently, a three-year-old boy fell into a pool in the 6600 block of North 20th Avenue. According to reports, this poor child was in “extremely critical condition” after the fall. We cannot imagine what the child's poor family is dealing with. We can only hope that the three-year-old boy pulls through and ends up with a complete recovery. When a pool gate is erected, the family undoubtedly feels some assurance and safety in the fact that no one is going to be able to get to the pool.

Continue reading "Phoenix Swimming Pool Accident Puts 3 Year Old In Critical Condition" »

According to published reports, nearly 100 children in the United States were killed and 2,000 were injured in 2007, alone, when they were backed over by cars. Usually, these terrible and tragic personal injury accidents occurred in residential driveways. That means somebody leaving the driveway of their house that did not see a kid behind them.

First, we cannot ever emphasize enough the importance of being cautious while backing out of a driveway to avoid any kind of auto accident in Arizona. Second, we understand that life moves quickly and that mistakes can happen. Not every tragedy requires a lawsuit or finger pointing. And for those who have ever been in any way involved in such a terrible tragedy, we are in no way pointing the finger.

Continue reading "Children Injury And Death Caused By Cars Leaving Driveways" »

Any people who have read this blog understand that as Phoenix personal injury attorneys, our job is to protect people from being taken advantage of. And if there is one place where we see the most abuse, it is by the government's own laws to protect itself from liability. A lot of people talk about personal accountability and personal responsibility. There has been a big push for a long time in this country for people to simply accept the responsibility for their own actions. Usually, this is used as an accusation against people who are injured who choose to file lawsuits in Arizona. It's as if there is some lack of accountability—according to these cynics—simply because somebody who no longer is able to work is asking for the person who negligently caused their injury to pay for their own actions.

So whenever we see cases of potentially serious injuries that may have been caused by government employees, a huge red flag goes up. According to reports, Tyesha Lollie gave birth to a baby who may have had brain damage. Now, we hope Ms. Lollie is fine and we obviously hope that these initial reports of possible brain damage turn out to be nothing more than a false alarm. Nothing is more important than that. The question though, is not directly related to the six-car accident at 83rd Avenue and Thomas Road that took place involving Tyesha Lollie. Instead, we want to pay attention to the fact that the Chevy Malibu involved in the accident was a vehicle that was driven by a City of Phoenix Parks and Recreation employee. Why should that raise concerns? Because although we don't know who caused the accident, if it was the fault of the driver of the Parks and Recreation vehicle, then this Phoenix car accident victim could lose all of her rights and her baby's rights simply due to a law that's completely unfair if she does not hire an attorney or make the right steps immediately.

Continue reading "Phoenix Car Accident Injures Pregnant Woman" »

Arizona personal injury attorneys help people who face far more complicated matters than just automobile accidents. For instance, people can be negligent in any number of ways. Each of us has the responsibility to do everything we can to avoid being reckless and to avoid causing severe injury to other people. In particular, we are all required to do everything possible to protect children.

One of the many all too common tragedies that we see throughout Arizona is the seemingly endless reports of children who drown or nearly drown in backyard swimming pools. Now, we would never take the position that every such situation should lead to a criminal prosecution. We would not take the position that there is always someone to blame every time something goes wrong. We know better. However, we also know sometimes a babysitter is not paying attention. Sometimes a neighbor is not paying attention. Sometimes a gate has been broken and not repaired, or a gate that was never broken failed to function. In other words, sometimes either the maker of the gate that's supposed to protect the child or the people who are supposed to be watching the child were negligent, allowing the child to get out.

And so when we see reports as we did recently of a 2 year old who was found in a backyard swimming pool in the 3900 block of West Orange Drive near 35th Avenue in Camelback, our heart just goes out to the family.

Continue reading "Camelback 2 Year Old Found In Swimming Pool" »

Car accident lawyers in Arizona are faced with helping families after what is often the worst tragedy they could ever imagine. Sometimes, the loss is so great, even an experienced injury attorney is overwhelmed by the loss suffered by one family.

A terrible tragedy struck a Las Vegas family near Wikieup, Arizona on US-93, when three loved family members – all children – were killed in an automobile accident. According to reports, an SUV was involved in an accident with another car. The SUV was driven by Leticia Ovando-Deterraza. The tragedy included the loss of the driver’s 16-year-old son Miguel Rodriguez, her son Josue Rodriguez, and her 16-year-old daughter-in-law Leslie Rodriguez. Also quoted in the story was the father of the boys, Roman Rodriguez.

Continue reading "Arizona Car Accident Tragedy Kills Three Children" »

A recent story in The Arizona Republic recounts a tragic story in which Family events and celebration turned into tragedy in Ahwatukee, Arizona when a 3 year old girl drowned in a hot tub at the San Simeon Condominiums between Chandler Boulevard and Pecos Road. This was at least the second time that there was a drowning in an apartment complex in Ahwatukee, Arizona in 2008. This is a tragedy beyond belief and our heart goes out to this toddler’s family.

Too often, people are too quick to be judgmental when it comes to these types of Arizona swimming pool accidents. The fact that this family was all out playing together is indicative to us of a loving and caring family. The family was out by the water and spending time together on a Saturday night indicates that it was a loving and caring family. We know nothing about this toddler, we certainly do not know the family. However, we do know that children are killed far too often in Phoenix, Arizona as a result of children drowning in pools and hot tubs. All too often, from Litchfield Park drownings, to Chandler drownings, to Scottsdale drownings, to North Phoenix drownings, to Cave Creek, and beyond we see this tragedy unfold year after year after year.

Many times people will call us as attorneys and ask us if any legal action exists when there has been a child injuries in Arizona. Unfortunately, we have seen over zealous prosecutors go after loving families who have already suffered the worse loss they can suffer the loss of a child. However, many times there are also civil claims, personal injury claims after the drowning death of a child – that exists for these families. Will money ever compensate them for the loss of a child. Of course, not. I would never suggest to any family that’s lost a child that there is any type of personal injury lawsuit related to drowning or any type of lawsuit against anybody that will help with their grief. However, there are claims that may help the family receive some sort of compensation that can help them with counseling, giving to charity, helping siblings and parents cope, and other types of emotional support systems that fair compensation may make easier for some families.

Finally, and we are in no way suggesting this was not true in this case, we continue to urge everybody to remember that that pool of water might as well be a large container of poison when it comes to a child that cannot swim. We hope that by discussing these topics and making people aware – whether it be through word of mouth, articles, or even lawsuits related to drowning and the discussion that follows – that we may do anything possible to reduce the number of these tragedies that occur.

When dogs bite children, it is often devastating to the child, the child’s family, and even to the owners of the dog. What is often forgotten about Arizona dog bites is that they usually involve a loving home for the dog, and a family that is surprised that their dog attacked a child visiting their home. For example, we helped a little girl was visiting her aunt and uncle and the normally loving family dog was not used to being around children. The dog attacked the little girl for no apparent reason. In fact, most dog bites occur close to the dog’s home. Statistics show 61% of the injuries occur near a dog’s home. 77% of dog bite injuries are by dogs that act friendly and then react and bite the person.

As personal injury attorneys in Arizona, we have helped many children and adults after a dog bite. However, the time deadline – known as the statute of limitations – for dog bites is short in Arizona. The law in Arizona for dog bite cases requires the dog bite victim to file a lawsuit within one year of the dog bite to have a “strict liability” argument. In plain English, strict liability means that if you file the lawsuit within one year that owner of the dog cannot raise a defense based upon the prior conduct of the dog. Waiting to file the lawsuit until after the first year allows the dog owner to defend the lawsuit if the owner can prove the dog was not dangerous.

If you have been bitten by a dog, it is important to consult with an attorney in Arizona who understands dog bite laws. We are attorneys who focus entirely on people who have been injured. We help people all across the Phoenix metro area, including Tempe, Goodyear, Avondale, Litchfield Park, Glendale, Peoria, Sun City, Sun City West, Chandler, Ahwatukee, Scottsdale, Glendale, Mesa as well as helping people throughout Arizona and residents of other states that were in Arizona at the time of the dog bite. If you have questions and want to speak to experienced child injury attorneys in Arizona about a dog bite or other injury, please feel free to call us. We are a husband and wife law team and understand the intricacies of dog bite laws and injuries in Arizona.

Phoenix is the largest city in the state of Arizona. Many people refer to Phoenix as the Valley of the Sun. The Phoenix Metropolitan area consists of many thriving, growing suburbs such as Glendale, Mesa, Goodyear, Avondale, Litchfield Park, Scottsdale, Tempe, Chandler, and Ahwatukee. Phoenix is currently the fifth largest city in the United States. Phoenix’s population is well over one million people, while the surrounding cities greatly increase the overall population of the Valley of the Sun.