May 31, 2019 - Car Accidents by Jack Hirsch
Experienced Car Accident Lawyer in Phoenix, AZ Many car accidents are not caused by immediate driver negligence (i.e., distracted driving), but instead by system issues, such as malfunctioning brakes. In such cases, though it may seem that the driver or owner is not responsible, that is not necessarily true. Cars must be properly maintained by their owners, lest they develop issues that could expose others to an unreasonable risk of injury. Owners must adhere to this duty. Failure to properly maintain a vehicle — when it contributes to an accident — entitles the injured car accident plaintiff to compensation under Arizona law. Questions? Contact us at Hirsch & Lyon to learn more about how we can help. Owners Tend to Shift the Burden of Responsibility How parties act during personal injury litigation can be confusing for first-time plaintiffs, but in truth, one must consider that the defendant(s) are acting in accordance with their “survival instinct.” Unless you can clearly establish that the defendant is not only liable, but liable to the specific degree that you are asserting, their instinct will be to minimize or avoid that liability by shifting the burden to another party — in the car accident context, that burden-shifting may be from the vehicle owner towards the mechanic shop. For example, suppose that you are injured when the defendant’s front tire suddenly blows out, causing them to lose control of their vehicle and slam into yours. You sustain significant injuries as a result. In the ensuing litigation, […]