Articles Posted in Law & Information

Jury trial is mostly used in the United States and in Canada. There are few other countries that require juries for trials. Depending on the common law of the land, jury trials are allowed for the different cases such as incidents involving drunk driving that go to court.

The Arizona Legislature has approved a bill wherein DUI defendants will no longer get a jury trial for their first offense (KPHO 04/22/2011). Having a jury trial was a flat right of DUI defendants before the approval of this bill.

With this, the judge will be the one to decide whether to approve a request for jury trial or for the judge to hear the case. The bill also gives judges new discretion on sentencing these offenders.

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Multitasking may be one of the best advantages to having opposable thumbs. However, while driving, those thumbs should remain on the wheel and not on a Qwerty keyboard. In Arizona, there is no ban on texting while driving except in the city of Phoenix. As Arizona car accident attorneys, we hope all drivers keep 100% of their attention on the road in front of them and around them.

The Insurance Institute for Highway Safety conducted a study on the effectiveness of texting bans (USA Today via AZ Central 9/28/10). Thirty states and the District of Columbia have a ban on texting while driving. The Insurance Institute found that the bans have not decreased the number of accidents at all; in fact, they found rates had risen in three states. Instead of refraining from texting, drivers now may be focusing more on hiding the fact to evade the police, which lowers their eyes from the road even more, and for longer periods of time.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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If you’ve been badly injured in a car accident in Tucson, Phoenix, or anywhere else in Arizona, one of the side effects you may be experiencing is lost wages. To deal with this issue, you need to make sure you contact an Arizona car accident attorney with a highly successful track record.

When you’re injured and not able to work, you are entitled to full compensation for all of your lost wages and benefits. In addition to that, you are also entitled to compensation for any future lost wages that you may deal with because of your inability to work at the job you once held.

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