In Arizona, there is a law called “vicarious liability,” which deals with employers, employees, and driving. It basically means that when someone working for a company causes an accident during the course and scope of their work, then the employer can also be held liable for the accident. While most times running a red light or failing to stop at a stop sign makes the driver responsible for the accident, if they are on the job, then the employer is responsible, as well.
As Phoenix auto accident lawyers, we’ve seen too many people suffer from devastating injuries as a result of texting and driving. As a result, we strongly encourage all Arizona employers to implement a no texting and driving policy. The fear of possibly losing their job could cause someone to make the wise choice of not texting and driving while they are on the job (and hopefully when they’re not on the job, as well).
If you or a loved one has been a victim of distracted driving and you’re looking for legal help, please contact Breyer Law Office today. We can explain the rights you have against the negligent driver, the employer, and any other entity that may have contributed to or caused the injuries you sustained.
We have, in our years as Phoenix personal injury attorneys, seen a number of disastrous effects resulting from negligent driving. With the increased use of cell phones for text messaging, however, there has been a significant increase in motor vehicle accidents in which people are killed or seriously injured due to someone texting while driving. Driving while texting is dangerous. Such behavior now falls under “distracted driving” and texting while driving is now not only considered criminal, it also may result in personal injury lawsuits.
The Arizona Supreme Court found that punitive damages could be appropriately collected for people who drink and drive. This is the case even though those making mistakes while driving while not intending to cause harm, which is legally known as negligence, could not be held responsible for damages. What this essentially means is that those who drink and drive pay not only for income lost, medical expenses, and all other compensation legally owed to the person they hurt in an accident, but the drunk driver can also be penalized monetarily to punish that person as well as to send a message to alter their behavior.
Arizona’s courts have not yet decided whether to treat texting and driving similarly to drinking and driving. As such, texting and driving is still considering negligence rather than a known risk that a person chooses to do. The Arizona court system may decide this on a case by case basis, yet for someone whose life has been tragically altered due to an accident caused because someone decided to text while driving, this type of personal injury case requires a seasoned Phoenix car accident injury lawyer. Such a personal Arizona injury attorney needs to be willing not only to take the case to trial, but to take the case through the appellate process to ensure that the person injured by someone’s negligent texting while driving will be able to recover full and fair damages.
Should you or anyone you know have been a victim of an accident caused because someone was texting while driving, please contact us. We would be glad to discuss your options about potentially pursuing a personal injury claim.
Arizona has adhered to what is known as “vicarious liability” when it comes to employers and their employees who drive for them. What this means is that if employees in the “course and scope” of the activities relating to their employment cause an accident, they not only create liability for themselves, but for their employer as well. This sort of personal injury claim happens commonly when someone runs a stop sign, goes through a red light, or turns left in front of someone, and this type of simple negligence automatically makes the driver responsible. Arizona, however, makes the employer responsible for their employee’s actions while clocked in. In a similar manner, texting while driving – in cases when the person is employed by someone else – creates liability for the employer as well as the driver.
As an AZ personal injury law firm that does nothing but assist people after having suffered serious injuries in auto accidents and other accident injury situations, we encourage employers to immediately put into place a no texting while driving policy. The fear of losing one’s jobs, along with the potential legal ramifications, would help prevent such situations where a distracted driver causes a serious injury while text messaging.
Should you or anyone you know be a victim of someone who was engaged in distracted driving that resulted in a serious injury, please call us. As experienced Phoenix personal injury lawyers, we will be happy to explain your rights in relation to the driver, the driver’s employer, and any other person who may have contributed to the injuries suffered.
There are issues that come up with car accidents that were caused when negligent drivers use their cell phones while driving, either because they are talking on their phone or texting a message. The first issue is proof. How can anyone prove that the other driver was using his or her cell phone at the time of the accident and how can you tell if he or she was texting someone while driving?
Also, just because a person was using a cell phone while driving does not mean that the driver is negligent. Getting a person’s cell phone records is an important initial step in proving your case. Usually, a lawsuit or subpoena is required to obtain cellular telephone documents and records and thus help to prove the driver’s negligence.
Should you have any questions about any type of serious personal injury or wrongful death case in Arizona, we invite you to call us. As experienced Arizona injury attorneys who have fought for our clients through the years, we are happy to offer honest advice on your potential claim. We know personal injury cases seems daunting to most people, especially if they are recovering from a serious injury. We know that the idea of dealing with a lawyer and filing a lawsuit can be overwhelming to many people.
We will do everything possible to answer your questions and to make sure that you are completely informed about your options. Regardless of what you plan to do after a Maricopa County car accident that was not your fault, we encourage you to at least contact a top Chandler accident attorney to get your legal questions answered. Once you are fully informed, it will be easier for you to decide how to proceed.
As Phoenix personal injury attorneys, we fully understand that not every valid case must be pursued if it’s not truly going to benefit the person who was injured. Some accident victims just want honest answers to their questions so they can make the decision as to whether to pursue a claim. Sometimes, contacting the best lawyer does not necessarily mean a person wants to make an insurance claim or file a lawsuit, only that the person want to know what options are available. We are always here to answers those questions, no matter the situation.
When accidents are caused by negligent drivers who are talking on cell phones or sending text messages, other issues are created. Primarily there is the question of proof. How can one prove that the other driver in the accident was on a cell phone? How can one show that the other driver was sending text messages? Just because someone is driving while chatting on a cell phone, does that mean he or she was negligent? Getting the cell phone records is an important first step in attempting to prove crucial parts of your case. How can one gain access to another person’s cell phone records? Usually it requires a lawsuit and a subpoena.
If you have any questions about a serious personal injury or wrongful death case in Arizona and want to speak to lawyers who have fought for their clients year after year, give us a call. We know that the decision to bring a personal injury case can be intimidating, particularly for someone who is already suffering from a severe injury. We know that dealing with a lawyer can be overwhelming. But rest assured we will do everything possible to answer your questions promptly and thoroughly so you will be fully informed. At minimum, we encourage you to call the best possible Peoria, AZ accident lawyer you can find to have your questions answered so that you can make a decision as to how to pursue your claim.
To prove that an at fault driver was using their cell phone at the time that an accident occurred, you must get the cell phone records of that driver. These records will provide the data you need to prove or disprove the claim that the driver was using their cell phone. But how do you get someone else’s cell phone records? This is where it gets a little complicated. Typically, you’ll first need to file a personal injury lawsuit and then a subpoena in order to secure the at fault driver’s cell phone records.
Not every accident involving a driver using a cell phone is going to require that a personal injury lawsuit be filed. But we do encourage that if you were involved in such an accident, to at least consider consulting with a car accident attorney who can tell you whether you have a legitimate claim and answer any questions you might have. The information and advice that you get from an attorney will help you make a more educated decision about whether or not to file a personal injury lawsuit. Some people worry that just by contacting a lawyer, they are sending a message that they want to file a claim. As lawyers, we know this is not the case and that you need answers and guidance first so that you can make the best decision for you and your family.
If you’ve been injured in a car accident with someone who was using their cell phone and you’re ready to explore your legal options, then please contact the car accident attorneys at Breyer Law Offices today. We are always here to answer any questions you may have about a possible car accident claim. Contact us today for more information and a free, no-obligation case consultation. Call 602-978-6400, 623-930-8064, 480-753-4534, or Espanol 602-222-8787; or complete and submit a Simple Case Form.
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.
