2009 September Archive

Personal injury lawyers often are given a very bad rap. Maybe some personal injury lawyers have earned this sleazy reputation. Perhaps there are too many lawyers out there who will file any lawsuit in the hopes of landing a large settlement or winning a multi-million dollar jury award. At least, this seems to be the perception of a great many people when it comes to personal injury lawsuits.

The reality is that the best Arizona personal injury lawyers are extremely selective in the cases that they take. More importantly, at Breyer Law Offices we take great care to give honest advise to anybody who gives us a call. People have a right to know not only the strengths of their case, but the weaknesses. People deserve honest answers from Avondale, Arizona injury lawyers so that if they do not have a case worth pursuing they do not waste their time filing unnecessary personal injury claims.

Below the surface of this public prejudice, there is a reality of which most people are not aware. The best personal injury lawyers are exceedingly discriminating about which cases they take. Moreover, we take great care to offer honest and straightforward advice to any person who contacts us about a potential injury claim. We understand as experienced Arizona injury attorneys that people have a right to know everything about their case, and that is why we make sure that we point out not only the strengths of any potential case, but its weaknesses as well. Personal injury victims in Avondale have a right to receive honest answers to their questions from Avondale personal injury attorneys so that they can decide whether a case is worth pursuing. The best Arizona personal injury lawyers will tell a potential client that a case is not worth pursuing when they feel it would not be in their best interests.

If you would like answers about your potential personal injury claim, or even if you just want to know if a claim exists in your case, please contact us. We are happy to answer your questions so that you can decide the best course of action for you and your family.

One often critical component in any Arizona injury case is hiring the correct expert witness. Trying to find an expert witness in a Tempe accident will be difficult without the assistance of a top Arizona injury attorney. It is often very vital to find a Tempe personal injury lawyer that can locate the best experts, interview these experts, and has the ability to make the most of these experts in order to help an injured person or a family in a personal injury or wrongful death case.

In some personal injury cases, a case may become simply a battle of experts in which the best experts sway the jury and thus win the case. While we certainly hope that juries will consider other evidence, as veteran Arizona injury attorneys we know how vital it is to find expert witnesses that are truthful and believable. Above all, we want expert witnesses that can explain convincingly to a jury why our clients are correct and why the defendants’ claims are inaccurate.

Should you have any questions at all about expert witnesses, hiring expert witnesses, or the vital role that expert witnesses play in Arizona personal injury trials, we invite you to call us. Mark Breyer is a specialist in wrongful death and personal injury litigation in Arizona, and he has substantial trial experience with expert witnesses. He and the rest of the legal team at Breyer Law are happy to guide you in how to move forward in your potential personal injury or wrongful death claim.

Far too many bicyclists are seriously injured or tragically killed on Arizona roads by drivers that are simply not paying attention, even if the bicyclists were following all the laws of the road at the time. Many Arizona statutes directly deal with these situations.

Sometimes, however, these laws are not applied correctly and are then used against bicyclists when they were following the rules of the road. As experienced Arizona trial attorneys, we have seen drivers blame the seriously injured bicyclist when it was, in fact, the fault of the driver of the vehicle. The statutes that concern bicycle accidents and bicycle safety include Arizona Revised Statutes ARS 28 811, ARS 28 812, ARS 28 813 and ARS 28 817.

Should you need an honest and knowledgeable Phoenix bike accident attorney, make sure to talk to someone who is an experienced Arizona trial lawyer. Feel free to call Breyer Law Offices. We will not give you a sales pitch and will not pressure you to file a claim. We will, however, inform you in an upfront and straightforward manner whether we think your injury claim has merit and also whether we think you should file an accident injury claim.

Just because an insurance claim exists in theory does not mean that it should be brought. It is normally a tough decision for every person injured in an accident to decide whether to file a personal injury claim. Because of the levity of the situation for both the injury victim and his or her family, it is important to get honest answers from the best lawyer they can find so that they can decide the how to proceed with their bicycle accident claim.

Sometimes it is very difficult to find a personal injury lawyer after a serious car accident. That is not to imply that there are not enough lawyers, but rather that there are so many people who claim that they can handle individual cases. Cases in which a car turns left at an intersection, even when the other was issued a citation under Arizona Revised Statutes ARS 28 772, can become extremely complex. First of all, a vehicle taking a left turn at an intersection is required not to begin turning until they can safely do so. Secondly, the defense for the vehicle that collides with the left-turning often alleges that the other vehicle was speeding, even if a traffic citation was issued at the accident scene for the vehicle turning left.

Those who have been injured in left turn accidents should find the best Arizona personal injury lawyer that they can find. The reason this is so vital that someone in this position seeks legal counsel goes beyond finding the best Tucson personal injury lawyer or best Phoenix car accident attorney you can find. It means rather that an injury victim should find the Arizona personal injury attorney that fits his or her case. The right lawyer will give you honest answers, can guide you through the insurance claims process, and take your case all the way to a jury trial if that is what is necessary to get full and fair compensation for your claim.

Feel free to contact us if you have any questions. We will not charge you for the initial consultation, and work on a contingency basis in all of our personal injury cases. We will give you an honest evaluation of your potential claim so that you can decide on the best course of action for your particular case.

Top personal injury lawyers in Phoenix and throughout the state know how speeding on any of Arizona’s roads can result in tragic accidents and terrible injuries. According to Arizona Revised Statutes ARS 28 701, people must drive at a reasonable and prudent speed under the circumstances and for the conditions a roadway presents. People can often avoid serious injuries by not speeding. Other times, people are accused of speeding when they were not at fault in an accident. Too many people rely only on what the police report says before deciding whether to pursue personal injury or wrongful death claims. The reality of the situation is that people who have suffered severe injuries should not rely on traffic officers to issue citations at the scene of an accident, as they are almost never actually witness the accident. The police instead are relying on information they gather second hand at the scene of an accident.

Experienced Arizona car accident attorneys do not rely only on the police investigation at the accident scene in cases where there have been serious injuries or a wrongful death. At Breyer Law Offices we can answer any of your questions about a case in which another driver traveling at an excessive speed caused serious injuries or death. Please call us. We will not tell you what you want to hear. Rather, we will be upfront and honest about your potential personal injury case. The professional personal injury lawyers at Breyer Law will let you know how viable your insurance claim is, giving you valuable feedback. After speaking with us, you will know whether it makes sense to pursue your potential claim and make the best decision for you and your family.

The Arizona Revised Statutes ARS 28 693 and ARS 28 695 deal with reckless and aggressive driving respectively, and are also commonly used in drunk driving cases as well. Known as “road rage”, this type of errant behavior by drivers has become a seriously problem on Arizona’s roads. Serious injuries can result from the lack of sense and courtesy some drivers display to others with whom they must share the road. People who drive in an aggressive or reckless manner are not only responsible under Arizona’s statutes, but they can additionally be held liable in Arizona’s civil courts when their actions cause serious injury or wrongful death to others.

Many people in Arizona do not feel they have a right to make a civil claim just because another driver failed to control his or her temper, resulting in serious injuries to others. To the contrary, the filing of a personal injury claim through Arizona’s civil courts in response to a road rage incident that resulted in serious injury is perfectly legal. The best Arizona auto accident injury attorneys know that, along with the criminal prosecution, a personal injury suit can help pay for medical expenses, lost income, and in a number of other ways help to compensate an injured victim for the damages incurred due to the accident.

If you are considering pursuit of a personal injury claim following a hit and run accident, an incident involving road rage, or other reckless driving accident, we encourage you to contact the professional personal injury lawyers at Breyer Law Offices. We take great pride in providing you with straightforward answers about your case. We offer a free evaluation that will help enable you to decide the best course of action for you or your loved ones in any possible personal injury claim.

The Arizona Revised Statutes, specifically ARS 28-661, discusses what a driver should do if he or she is involved in an accident that results in death or personal injury, and how the law should react if the driver fails to stop. In short, this statute talks about hit and run accidents, a very serious issue in Arizona.

Many Arizona residents feel as if they have no recourse if they have been seriously injured in a hit and run accident. They think that they will not be able to file an insurance claim or receive any monetary compensation. The reality of the situation is that there are a number of different types of insurance that will allow someone who has been seriously hurt in a hit and run accident to recover compensation for medical expenses, lost income, and other legitimate claims, even if the responsible party left the scene of the accident.

If you have any questions after a hit and run accident, it is best to at least contact a skilled Arizona personal injury lawyer. The best lawyers for hit and run claims will answer your questions honestly and will not pressure you to sign any sort of fee agreement. Many initial consultations with some of the best injury lawyers in Arizona are without cost or obligation to you. The personal injury lawyers at Breyer Law Offices are happy to answer your questions so that you can make the best decision for yourself and your family about how to proceed in a hit and run or other personal injury claim.

Construction workers handle dangerous equipment and situations on a daily basis. Therefore, it’s no surprise that accidents occur with regularity on construction sites. Unfortunately, these accidents can sometimes result in serious injuries, or, in worst-case scenarios, death.

Construction companies and general contractors are required by OSHA regulations to inspect the construction site with their safety engineers and provide safety training and equipment for workers. Unfortunately accidents still occur due to irresponsibility, incompetence, bad decisions, lack of training, or simply bad luck.

As a result, even the most experienced and skilled workers can still be impacted by these kinds of accidents on a construction site. And when the injury results in the death of a worker, surviving family members may face financial distress in addition to the emotional pain caused by the loss of a loved one. Fortunately, though, the law allows for the families of workers killed on the job in Arizona construction accidents to seek financial compensation for their loss.

Spouses, parents, and children may file a wrongful death lawsuit in civil court and sue for damages related to that death, including lost wages, medical bills, and pain and suffering. While money will never take the place of a loved one, it can provide a financial cushion for those families impacted by a wrongful death, while also punishing those parties responsible for that death.

While it can be tempting to “go it alone” as you seek financial damages for you or your loved one’s construction accident injuries, it is usually better to have an experienced legal professional in your corner because the legal system is both complex and daunting. In addition, by hiring an attorney who knows construction accident law, you have a much better chance of winning financial compensation in the form of a settlement or through a trial verdict.

Please contact the Phoenix construction accident attorneys at Breyer Law Offices for a free consultation. We will be able to honestly assess your situation and tell you upfront whether we think you have a strong case. Please note that it is important to contact us immediately after the accident because prompt investigation can help preserve key evidence and determine if any regulations were violated. Contact us today.

In Tucson and throughout Arizona, there are three types of motorcycle product liability cases: flawed design cases, manufacturing defect cases, and “failure to warn” cases.

Flawed Design Cases
Flaws in the design happen in the conceptual and engineering phases of motorcycle production. For example, a design for a new muffler may not have been tested carefully enough and, as a result, a muffler defect that went undetected could result in a serious injury to a motorcycle rider.

Manufacturing Defect Cases
A product defect, on the other hand, may come from a problem in the machining and/or manufacturing process. A well-designed combustion engine, for instance, may not be put together correctly during manufacturing. This part may then be unable to perform up to par under certain road conditions, or the wrong conditions, which may lead to an injury for a rider.

“Failure to Warn” Cases
The last kind of motorcycle product liability case is a failure to warn case. In such instances, the responsible party failed to guard or warn against hazards, leading to damage or injuries to a motorcycle rider.

If a defective motorcycle part, such as a helmet, muffler, handlebar, brake system, tire, or engine, hurt you or caused damage to your property, you may be able to hold the manufacturer of the product liable. Please contact the Tucson motorcycle accident attorneys at Breyer Law Offices at 602-978-6400 for a free consultation.

Due to the lack of any substantial protective barriers between the motorcycle and the road, motorcycle riders are much more prone to injuries in the event of an accident. For that reason, it is critically important for riders to follow the laws pertaining to Arizona motorcycle operation.

Here’s a quick overview of some of the main motorcycle laws in Arizona:

• Motorcycle riders under the age of 18 must wear a helmet.
• If a bike doesn’t come with a windscreen to protect from glare and debris, then the driver must wear eye protection at all times.
• To carry a passenger, bikers must provide both a seat and a footrest for him or her. There are no restrictions on the passenger’s age.
• All drivers are required to have their motorcycle inspected for safety regularly.
• All motorcycle drivers are required to have liability insurance and keep handlebars at a standard height (as defined by Section 28-964c of Arizona law).
• Motorcycle law in Arizona requires that bikes have both left and right mirrors and a muffler.
• The State of Arizona allows for modulating headlights, as well as radar detectors and helmet-speakers.
• In certain circumstances, two motorcycles can operate in the same lane abreast of one another (according to 13 AAC 02.427).
• Arizona statutes provide Lemon Law protection for motorcycle drivers.

If you or a loved one has been injured due to negligence in a motorcycle accident, contact the Phoenix motorcycle accident attorneys at Breyer Law Offices at 602-978-6400, or e-mail us through MotorcycleAccidentLawyersArizona.com.