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.
It is rarely enough to hire an aggressive Arizona auto accident attorney. Anyone lawyer can claim to be an aggressive personal injury attorney, even if they cannot back this claim up with ample experience or a long track record of winning personal injury trials. Some personal injury attorneys simply mask their lack of experience by labeling themselves as aggressive, without any proof that they have won, or even gone to trial, in any Arizona personal injury cases. The importance of having an experienced trial lawyer on your side in a Phoenix personal injury claim cannot be more emphasized.
One area in personal injury suits where a lawyer is most often needed is when it comes to reimbursement for lost income for a seriously injured individual.
The person who caused the personal injury is legally liable to pay for wages that an injured person would normally have earned had he or she been able to work. In fact, the person injured in an accident that was not their fault is entitled to complete restitution, which means every dollar that the injured person did not earn due to the injury should be reimbursed. In addition, the seriously injured person is also entitled to future wages lost due to the inability because of the injuries received in the accident to do work they once did.
Fully documenting all claims, including doctor’s notes that support lost income, past earnings and tax returns, vocational rehabilitation that can ascertain limitations from the injury, and economists to break down the total lost income are among those that experienced AZ personal injury and wrongful death attorneys call upon to determine lost wages.
For any questions you may have concerning considerable loss of wages claim or other questions about your rights in a personal injury lawsuit, please call us or e-mail us. We will discuss potential weaknesses and strengths for wage loss claims and help you plan the best route toward complete reimbursement of your lost income.
