2009 June Archive

Talking on Cell Phones Contributes To Arizona Auto Accidents

By Personal Injury Lawyer on June 30, 2009

As personal injury attorneys, we spend our professional lives helping victims of Phoenix automobile accidents caused by negligent drivers. We’ve seen reckless driving destroy lives and tear families apart. And, as a result, we’d like every measure taken in order to reduce the occurrence of these kinds of accidents.

One way to do this is to diminish or eliminate the number of accidents that take place while people are talking on their cell phones. To that end, we applaud the analysis of Kentucky personal injury lawyer Mike Schafer.

Mr. Schafer believes that accidents caused by people talking on cell phones results in far too much damage to allow this practice to continue. In fact, he thinks that legislation must be passed banning cell phone use while driving and arresting those who cause accidents when talking on a cell phone. If even one victim is spared as a result of such a law, then it is well worth it.

If you’ve been injured in an accident caused by a negligent driver talking on a cell phone, you probably have a lot of questions, the first of which is usually: Should I sue? Our recommendation is to talk to an experienced cell phone car accident lawyer in Arizona.

Here at Breyer Law Offices, we take pride in providing the best possible information to people considering filing a personal injury claim. Keep in mind, though, that not every injury calls for a lawsuit. Whatever your situation, we’ll give you the honest answers you’re looking for. Call us today at 480-753-4534.

Legal Rights for Victims of Hit-and-Run Accidents in Arizona

By Personal Injury Lawyer on June 29, 2009

It sounds like a bad nightmare: You’re crossing the street on your way to the store, a friend’s house, or the bank. All of a sudden you’re plowed down by a car that subsequently takes off. You’ve just been the victim of a hit-and-run. But what are your legal rights and can you file a claim?

Hit and run accidents that cause serious injuries raise a lot of questions. Oftentimes victims don’t even know if they have any legal rights. What’s worse is that instead of contacting an experienced pedestrian accident attorney in Phoenix to determine if a claim can be made; many victims allow those rights to be lost.

But the reality is that there are many ways for a full or significant financial recovery. Uninsured motorist coverage is one key source for the payment of medical bills, lost wages, and compensation for pain and suffering. Many people with this coverage don’t even realize they can use it following a pedestrian accident.

If you’ve been a victim of a hit-and-run accident and you’re looking for more information, check out the website of the Christensen Law firm. A Utah personal injury lawyer, Mr. Christensen’s discussion of uninsured motorist coverage is worth a quick read for those in Utah, Arizona, and beyond.

Also, be sure to contact an experienced pedestrian accident attorney in Arizona who can answer questions about whether to make a claim, when to make a claim, and what kind of claim should be made.

Recovery Beyond Workers’ Comp for Injured Arizona Construction Workers

By Personal Injury Lawyer on June 26, 2009

When the construction boom hit in Arizona, there was a huge buildup of construction projects. Subsequently, there was also a big rise in the number of Arizona construction accidents throughout the Phoenix and Tucson metropolitan areas, as well as in places like Glendale, Cape Creek, Mesa, Tempe, Chandler, and Goodyear.

Unfortunately, far too many workers who are seriously injured in construction site accidents fail to seek an Arizona work injury attorney to help them sort out their rights under the law. However, there are often remedies beyond workers’ compensation for construction workers who are injured due to negligence on Arizona construction sites.

In fact, workers injured in certain types of construction site accidents have a right to not only receive the limited recovery available through workers’ compensation, but also to receive the full wage loss that they suffered, as well as full compensation for their pain and disability.

That being said, there is a statute of limitations related to construction site accidents. That is why it is critical for victims to speak immediately to an experienced work injury attorney in Arizona before time runs out. To learn more about what your options are after being injured in a construction accident, contact Breyer Law Offices, P.C., for a free consultation.

Man Accidentally Kills Friend At Construction Site

By Personal Injury Lawyer on June 25, 2009

On November 29, 2008, a man sustained fatal injuries while working with his good friend on a construction site. The two friends were excavating on private property next to a water park. For unknown reason, the man who was killed jumped out of his dump truck and was then crushed by the friend operating the excavator as he came between the two machines.

No wrongful death charges were filed against the man operating the excavator, who was deemed a “close personal friend” of the dead man, and the incident was declared an accident.

As Arizona wrongful death lawyers and personal injury attorneys, we’ve seen countless serious injuries and fatalities suffered on construction sites. In many cases, these catastrophies are caused by construction workers who mean well, but who do not follow the safety rules. In other cases, companies or managers take shortcuts and fail to act safely.

From falling objects and live electrical wires to explosions, malfunctioning equipment, and slip and falls, the types of construction accidents can vary. Unfortunately, though, it’s usually human error or negligence that causes these accidents. And injuries from construction site accidents are extremely difficult to endure and overcome; often resulting in life-threatening conditions, amputation, or extensive reconstructive surgery. Work injuries can also leave innocent victims with brain damage, disfigurement, and other illnesses that impact their ability to hold down a job or even pay for their own care.

That is why, if you or a loved one has been seriously injured on the job, one of your first calls should be to an experienced Arizona personal injury attorney. Call Breyer Law Offices, P.C., today at 480-753-4534 for a free consultation.

Was Truck Driver Fatigue at Play in Arizona Freeway Accident?

By Personal Injury Lawyer on June 24, 2009

According to a story, two women were in their 2006 Nissan Titan headed west on the Arizona I-10 near the Sonoita exit when they were rear ended by a car-hauler truck and badly hurt.

As Phoenix large truck accident attorneys, we have to say that this type of accident raises many questions. First of all, how would a car-hauler truck rear end another vehicle and cause such serious injuries? Also, was this a case of simple negligence or was the driver fatigued?

While we do not have the details of this particular accident, we do know that there are federal regulations protecting drivers in Arizona who are the victims of trucking accidents resulting in injuries. For instance, Arizona roadways and highways are filled with fatigued truck drivers who nod off at the wheel and cause serious injuries to Arizona residents. There are laws protecting drivers injured in such accidents.

Though, in these kinds of cases, it is vital for victims to immediately seek consultation from an experienced large truck accident attorney in Arizona. Why is time of the essence? Because after six short months, trucking companies are allowed to destroy the records that may prove whether the driver was over his federally limited hours.

Mistakes can happen in almost any situation. However, a red flag goes up in these types of trucking accidents – which is why it’s so important to contact a large truck accident lawyer.

Peoria, Arizona Bicyclist Accident Caused by Truck Kills Rider

By Personal Injury Lawyer on June 23, 2009

A recent article reported that a pick-up truck driver was driving outside and to the right of the curb lane on 88th Avenue and Beardsley Road when he struck and killed a bicyclist. The truck driver fled the scene, but after telling his wife what happened, she called the police.

As Arizona wrongful death lawyers, we have seen far too many tragic bicycle accidents caused by negligent drivers who are not paying attention. We’ve also seen the terrible impact that these accidents have on clients and their families.

As a result, we believe that something must be done to prevent these types of accidents in Phoenix, Arizona and beyond. There are far too many people who are not paying attention on our roads. Moreover, in this particular case, questions are raised about what evidence was lost when the truck driver fled the scene.

In all likelihood, it will take a full police investigation as well as a proper investigation by an Arizona wrongful death attorney, along with reconstruction experts, to determine what exactly occurred in this case. It’s unfortunate, though, that by simply paying a little more attention, this tragic bicycle accident in Arizona could probably have been completely avoided.

The Importance of Underinsured & Uninsured Motorist Coverage in Arizona

By Personal Injury Lawyer on June 22, 2009

Did you know that almost a quarter of all drivers in Arizona do not have any car insurance? To make matters worse, a recent study showed that because of the economy, more and more people are dropping their insurance altogether. For those who aren’t, many are decreasing the amount of car coverage they carry. According to the report, the Insurance Research Council (IRC) has estimated that by 2010, one in six drivers will be uninsured if economic struggles persist.

This is a huge red flag and a warning to all Arizona drivers!

As Arizona auto accident attorneys helping people in Scottsdale, Tempe, Globe, Mesa, and throughout the East and West Valley, we have seen far too many people who have been tragically injured – and who did not have enough insurance coverage to protect them. That is why it is vital for Arizona residents to purchase adequate amounts of underinsured and uninsured motorist coverage.

If you suffer serious personal injury in Arizona from an auto accident caused by an uninsured or underinsured driver, your best chance of getting any financial recovery comes from having purchased these types of coverage before the accident happened. The good news is that the cost for underinsured and uninsured motorist coverage is relatively small.

Perhaps it sounds strange to many that Arizona personal injury lawyers who go against insurance companies for a living would encourage people to buy more insurance. However, we’ve seen how auto accidents can destroy lives physically, emotionally – and financially. If having the right insurance protects victims of car accident in Arizona, then we’re all for it. For more information regarding your Phoenix uninsured or underinsured motorist claim, contact Breyer Law Offices, P.C.

Are “Good Samaritans” Protected Under the Law?

By Personal Injury Lawyer on June 19, 2009

An interesting case has arisen in California involving the actions of a “Good Samaritan.” Here’s what happened:

According to a report, a woman was in a car accident that left her a paraplegic. Upon seeing the accident, a Good Samaritan tried to help out. The plaintiff alleges that the defendant worsened her injuries by “yanking her like a rag doll” from the wrecked vehicle. So the plaintiff is suing the defendant for allegedly causing more serious injuries following the auto accident.

Many are surprised to find out that the California Supreme Court ruled that there is liability for those who cause injury while acting as a Good Samaritan. Some might think that, as Arizona personal injury attorneys, we applaud the increased ability to file lawsuits. But that’s not necessarily true.

Somebody who acts as a “Good Samaritan” to help others should generally not be sued unless they do not act “in good faith.” In this case, the defendant tried to come to the rescue of somebody who appeared to be in dire straits. Assuming she was doing the best she could and acting in good faith, the fact that she may have caused more severe injuries should not be the cause of greater liability.

Certainly, there are situations where somebody may not act reasonably and may unnecessarily cause greater injuries. But it is also important that Arizona personal injury lawsuits do not deter “Good Samaritans” from trying to help others. Fortunately, juries usually think this way as well.

Tucson Bicycle Accident Critically Injures Man

By Personal Injury Lawyer on June 18, 2009

Should someone’s driver’s license be revoked if they cause an accident? The simple answer is “no.” But what about if that someone is 91 years old, hit and injured a bicyclist from Surprise, Arizona, and then just drove away, as if nothing had occurred? This particular incident was report in an article stating that the cyclist was critically injured.

Unfortunately, too many bicyclists throughout Arizona have suffered from personal injuries caused by negligent drivers. While there are times when such a bike accident in Tuscon is just that–an accident– there are other times, such as in this instance, when we must look deeper into the cause of the accident and whether or not the license of the driver should be revoked.

The fact that a 91-year-old man ran into a group of people, hit and injured a bicyclist, and then just drove away raises questions about whether he had any right to be on the road in the first place. However, our government is unwilling, or unable, to take away driver’s licenses from people who should clearly not be driving.

We can decrease the amount of dangerous driving and negligent drivers that cause personal injury in Arizona. In fact, personal injury lawsuits against negligent drivers are a way to decrease this kind of dangerous driving and to help save lives.

If tests for driver’s licenses are not going to become more rigorous, the threat of losing savings and assets due to a personal injury lawsuit would certainly serve as a deterrent for negligent drivers from Scottsdale and Phoenix to Litchfield Park, Arizona.

Chandler, Arizona Tractor Trailer Accident Kills Driver

By Personal Injury Lawyer on June 17, 2009

If you were hit by a tractor-trailer on an Arizona freeway, the likelihood of walking away uninjured is slim to none because of the sheer weight of these vehicles. In fact, just recently, a driver was killed on the I-10 when the vehicle they were driving was rear-ended by a Freightliner truck around 2 a.m.

While we’re not yet sure exactly what caused this particular fatal truck accident in Chandler, Arizona, we can say that one cause of similar types of trucking accidents has been driver fatigue.

Truck driver fatigue leads to fatalities on Arizona highways on a regular basis. While there are a series of laws designed to prevent truck drivers from getting behind the wheel when fatigued, it still seems to happen, again and again.

As Arizona large truck accident lawyers, we’ve seen these types of accidents throughout Chandler, Tucson, Flagstaff, and Phoenix. Regrettably, some truck drivers are willing to risk driving their big rig, even if they’re really too tired, because they’re being paid by the mile. Unfortunately, many trucking companies turn a blind eye to this practice.

In large truck accidents caused by driver fatigue, punitive damages are appropriate. But there is a very short window of time in which all the necessary paperwork MUST be filed. Trucking companies, by law, are allowed to destroy key documents just six months after the accident. That is why if you have been involved in a trucking accident caused by driver fatigue, you must contact an Arizona trucking accident attorney immediately.