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.
As a car accident and personal injury lawyer in Phoenix, many people do not know what to do after a serious car accident claim. The reality is, most people who are seriously hurt are not in a position to try to do much that can help their case other than knowing not to talk to anybody from the other insurance company and to focus on getting better. However, many times there are family members who would like to be of help. They need guidance in terms of what to do. There are some general first steps that can be taken.
First, take pictures. Take many pictures, when you think you have taken enough pictures, take more. Pictures of what? Anything that could later be disputed. Pictures of the car. Pictures of the roadway. Pictures of anything near the area where the accident. Pictures of any injuries suffered. Pictures of the hospital room. The reality is that you never know what will be contested down the line. Many, many things that seem obvious at the time of any injury are later contested by the other insurance company or defendant. Therefore, every single digital photograph that you can take is worth taking to help the person who suffered an injury.
Undoubtedly, it is uncomfortable to take pictures of somebody while they are in the hospital or after they have suffered a serious injury. I do not deny the fact that it is a sad state of events when someone has to be photographed to prove the injuries they suffered. However, this is not something that was created by plaintiffs, but by the insurance companies that refuse to pay on even the most obvious claims. Therefore, pictures of somebody in the hospital, the hospital environment, pictures of the injuries they suffered (from the most serious injuries right down to the bruises) can all be important.
It is also a very good idea to follow the doctors’ advice that is given and to help a family member make sure they make all appointments. Taking these steps will greatly reduce the likelihood of a long, drawn out battle over things that could have been proved with a simple photograph or a simple follow up appointment to the doctor. As Scottsdale car accident attorneys, we know that getting it “documented” can be very helpful to the person who has suffered a serious personal injury.
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.
As experienced Arizona personal injury attorneys, many people have approached us wanting to leave the lawyer that they originally hired to take on their personal injury claim. The reasons vary, but often this is due to the fact that the lawyer they hired does not specifically focus on personal injury law. Because of this lack of expertise, such lawyers very often make a number of mistakes that can jeopardize their clients’ rights.
Personal injury claims are not like other legal claims. It is not a continuing process that does not end. When people hire the wrong lawyer for their personal injury claim, it can affect them for the rest of their life, and not just for the time when they have retained a lawyer.
Arizona personal injury cases are usually settled one time only. There will be only one settlement or jury award. That is why it is so important not to hire just any lawyer. Doing so may be a terrible mistake. That is why we recommend finding the best Arizona trial lawyer, one who focuses exclusively or almost exclusively on personal injury litigation. Finding a lawyer who is certified as a specialist by the Arizona State Bar in personal injury and wrongful death law, who has considerable credentials, who has proved himself or herself in front of judges, juries, peers, and even their adversaries is almost never a bad idea.
Yet hiring the best injury lawyer is about more than finding someone with the right qualifications. You want an injury Phoenix lawyer who will be honest with you, who will speak straight to you about your particular personal injury claim, pointing out all the positive and negative aspects of it. It does not really matter whether the personal injury attorney is on the other side of the state or a block from where you live. It is more important to have an attorney in your personal injury case who will do the best work on your personal injury claim rather than one that is convenient to you, as this claim may affect your life forever.
In helping people who have suffered serious injury as the result of the negligent driving of others, it is not uncommon for the person who caused the accident to contest the traffic citation or ticket that they received. When they contest the ticket and push it all the way to a “trial” on that traffic ticket, the person who is injured will often receive a subpoena. Under the subpoena, they are required to appear at court. This causes a great deal of concern to many people.
First, understand that you are subpoenaed to be a witness, you are not “on trial.” Instead, although you were the one who suffered the serious injuries, you are also a witness to what occurred. Therefore, it is very common that you would be asked to provide that information in order to ensure that the citation or traffic ticket against the person who caused the accident is upheld.
Second, your failure to show up at this hearing will never be of benefit to you down the road. It may look as though you are trying to avoid answering questions about the accident. Remember, it is likely only going to a traffic hearing because the other person denied responsibility. Therefore, whatever help you can give to help make that traffic citation “stick” may later help prove your case, in any event. Third, it is a very good idea to sit down with a personal injury lawyer in Mesa before you move forward on that subpoena. Make sure your bases are covered. Make sure you understand the type of hearing you are going through. Perhaps, it may be helpful to discuss what may take place and the questions that you may be asked.
If you have received a subpoena for a traffic court hearing, please do not hesitate to contact us. We will be happy to try to explain the process to you so that you know how to handle your situation. Although our skilled Arizona car accident attorneys do not handle traffic tickets in our office, we do help many people who have suffered very serious injuries as a result of car accidents, and therefore this is an issue that we see on a regular basis.
As a certified specialist in injury and wrongful death law by the State Bar of Arizona, I am very familiar with people who have suffered tragedy. Many of my clients suffered life changing tragedies, and I helped the families of those who have lost loved ones as a result of unexpected traumatic events. However, the constant string of pool drownings throughout the State of Arizona, from Flagstaff down to Phoenix down to Tucson and across the entire state, is overwhelming.
According to published reports, drowning is the number one cause of accidental death among children Age 1 to 4 years old. In fact, according to at least one study, other than motor vehicle accidents, the leading cause of accidental death in children from Ages 1 to 14 years old is drowning.
Sometimes, of course, these numbers mean very little to the individual family who suffers such a tragedy. And, realistically, filing a lawsuit or hiring a personal injury lawyer is the last thing on somebody’s mind at the moment they first learn of a drowning death or near drowning tragedy. However, many families begin to consider their options at some point thereafter. Many families seek to have some justice and hope to provide a deterrent so that other kids will not suffer the same fate. However, those families deserve honest answers to both the strengths or potential weaknesses of any such claim. Those people deserve a no cost evaluation with a skilled Phoenix child swimming accident lawyer to decide what options they have and what their time deadlines may be in pursuing such a case.
If you or anybody you know is trying to decide whether or not they want to pursue a claim or, in the alternative, have decided to pursue a claim but want to speak to an experienced and reputable Arizona personal injury lawyer, please feel free to contact us at Breyer Law Offices, P.C. You can count on honest, straight forward advice that will allow you to make an informed decision that is in the best interest of you and you entire family.
Very rarely will personal injury attorneys in Phoenix advise their clients or potential clients to give a recorded statement to the insurance company. In cases where a recorded statement may be appropriate, you should have your personal injury lawyer next to you in almost every situation.
Often, insurance companies will argue that a recorded statement is required. Yet there is no Arizona law that says an injury victim must make a recorded statement to the insurance company that caused the accident. This is more often a tactic that insurance companies use in an attempt to twist an injured person’s words, which they can later use against him or her.
I have often told people not to give a recorded statement. Some object, saying they are just going to tell the truth. We know that our clients will tell the truth, as they are required to by law. No good personal injury or other lawyer will be willing to work with you if you do not tell the truth. Yet those who have been in a serious accident that was not their fault should ask whether the insurance company will deal with them honestly, or whether they will find a way to use their words against them. One must ask oneself why, if all they want to do is know what happened in the accident, does the insurance company want a recorded statement. The insurance company could rather ask you to put it in writing. Finding out this way about an accident will not enable the insurance company to easily twist your words later, and will make it much less likely for an injured person to say something flippantly without thinking, something that can easily happen if under the influence of heavy painkillers. Those are just some of the disadvantages to giving recorded statements.
It is for these reasons that we strongly encourage anyone considering a personal injury claim not to make any sort of recorded statement or to have any direct communication with the insurance company without talking first with an experienced personal injury lawyer. You can consult an Arizona injury attorney, who will advise about your rights and guide you in the best way to pursue your personal injury claim. At Breyer Law Offices, P.C. we will readily take phone calls or answer e-mails for people with questions about a potential accident injury claim, and will offer an honest evaluation on the best way to move your personal injury claim forward so that you achieve the fairest result possible.
The best Tucson, Arizona automobile accident attorneys often must explain the anti-plaintiff bias found in many personal injury cases. So much disinformation has been spread concerning serious personal injury claims, that victims of serious injuries often have to battle against insurance propaganda that taints many jurors. Because of this, documenting every injury as soon as possible after the accident is imperative.
So often people do not follow up with their doctor about the pain they are feeling after a serious car accident, as they think they will just recover from it. Though we hope that any injury victim will recover fully from his or her injuries and not have to go to a specialist doctor or have their injuries documented further, top Arizona personal injury lawyers understand that if they do not do everything possible to treat their injuries, personal injury victims may later be accused of not having suffered the serious injuries they claim to have suffered. The real danger in not seeking thorough medical evaluations is that the injury may in fact be more serious than it appears.
For example, shoulder pain or discomfort is not unusual after a serious car accident, and usually such injuries heal on their own. However, it may happen that the reason the injured party tore a rotator cuff or suffered from a torn labrum after a car accident, and the failure to follow these injuries up by seeing a doctor immediately after the accident can cause an insurance company to delay or deny a claim and treatment for the injury.
That is why it is so important to document everything. Otherwise, the insurance company for the negligent party may try to deny compensation for which you are legally entitled to.
Should you be facing a situation such as those mentioned after a serious Phoenix car accident, we encourage you to seek treatment to improve your condition and to further document your personal injury. If you have missed such an opportunity and the insurance company is now trying to deny your claim, please contact us immediately. We can discuss the opportunities that may be present to help you prove that the injuries you incurred were due to the auto accident in question.
Would it surprise you to learn that the very best personal injury lawyer in Arizona is honest? Does it surprise you if you find out that the top ten auto accident lawyers in the State of Arizona are honest? Would it surprise you to learn that almost all of the very best, most respected, highest rated Arizona personal injury car accident attorneys are honest? Well, that is too bad. It is a shame that we have come to that point.
I believe that the best lawyers are inherently honest, particularly so with their clients. And, I think it is almost necessary for a lawyer to be considered the “best lawyer in Arizona” for them to be somebody who can tell their client the truth, whether that news they are providing is good, bad, or somewhere in between.
It is too easy for someone to be a “salesman” when talking to a potential client. Too easy to tell the client that they want to sign up and have as a new client what the person wants to hear.
I do not believe a top lawyer will do that.
We have a very strict policy in our office and we have from the beginning, we treat people as we would want to be treated. If there is a problem with a case I have, I expect my lawyer to tell me that honestly and in a straightforward way. Just like if there is something very good about my case, I expect my lawyer to be honest about that upfront instead of later claiming that it was surprise or something that the lawyer created through their work and effort.
If you want an injury personal Phoenix lawyer that will be honest with you, you are free to give us a call. However, if you are somebody that just wants to be told all of the “good news” without an honest and straightforward assessment of your claim, then you should probably look elsewhere. We did not build our reputation by being dishonest. We believe that any great lawyer will be honest with their client and explain the strengths of their personal injury case, and if there are any weaknesses will be straightforward and explain those at the outset so there are no surprises down the road.
As a certified specialist in injury and wrongful death litigation in Arizona, I am very experienced in helping people who have suffered serious injuries as a result of the negligence of another. Immediately after the injury is suffered, most personal injury victims are taken to the hospital. Very often this is done by either helicopter (air evacuation) or by ambulance. The documentation of the condition and the injury suffered begins right at the scene of an accident. The first responders will have notes of the condition that they observe for a new personal injury plaintiff. After that, the ambulance driver and/or air evacuation unit will have further notes. Upon arrival at the hospital, there is a new set of eyes and medical providers who are taking more notes. Within 45 minutes of a very serious accident, it is not unusual to have at least three different sets of notes and observations.
After that, the medical records grow and grow and grow. The reality is that medical providers are very busy. They do their best to document the medical condition somebody is in. However, medical records are very often inaccurate. That is due to any number of factors including, but not limited to, how busy the doctors may be, communication problems between the person who was injured and the doctors, doctors memory when they dictate notes after having seen many different people between the time they saw the injured plaintiff and the time that their notes were dictated, and a variety of other factors.
Overcoming errors in medical records can be very difficult because of the power of the written word and the faith people put into the medical charts. Therefore, having a Scottsdale personal injury lawyer who is experienced and going through all the medical records, and where necessary having a nurse or doctor review the chart for added scrutiny, and looking for things that will be consistent with the information that was accurate and favorable, as opposed to the mistake or miscommunication that got written down by one provider, is vital.
If you have any questions whatsoever about obtaining or handling a personal injury case and what to do about your medical records, please do not hesitate to give us a call at Breyer Law Offices, P.C. We are very happy to provide you honest insight into the effect any particular medical records may have upon your potential serious personal injury claim.
