-Car Accidents

It is an unfortunate fact of life: at some point or another, you may be involved in a serious car accident. If you or a loved one is injured in a collision, you are encouraged to contact a Phoenix car accident lawyer. According to a recent report by the National Highway Traffic Safety Administration, there were an estimated 6,734,000 police-reported auto accidents in the U.S. in 2018, resulting in 36,560 fatalities and 2,710,00 persons injured.

A car crash can take just a few seconds to unfold. That said, in the moments and days that follow an accident, you may be wondering what you should do next. While each accident situation can vary, here are a few things to remember:

Call the police.

Even in accidents in which there appear to be no serious injuries, the police should be notified as quickly as possible. Resist any offer by the other driver merely to “exchange identification information.” You’ll need a police report for insurance purposes. What may at first appear to be an amicable situation can later turn ugly. The police are specially trained to make an initial investigation. Use them.

When the police arrive, be clear and specific in your statements.

The officer arriving at the scene must rely upon the witnesses to set the scene. Be courteous, clear, and as specific as possible about how the accident unfolded. If you don’t know the answer to one of the officer’s questions, say so—don’t guess. You may also find it helpful to speak with a Phoenix car accident lawyer prior to giving any statements to the police.

Take photos.

Nowadays, most of us carry a smart phone with us. They have excellent cameras. If you have one, use it. Document the damage to all vehicles. Take photos of signposts and other identifying landmarks. If you have injuries, take photos of them as well. Recognize that you are not allowed to interfere with the police in their investigation, but you can make a record of the event as best you can.

Get medical attention for any injuries.

Recognize that in many cases, injuries sustained in car accidents may not be immediately apparent. If you have suffered a cut or broken bone, that is usually obvious. However, bear in mind that a host of medical issues may not manifest themselves until much later. Unless you are certain that you have not sustained injuries, you should seek medical attention at a nearby emergency room, urgent care center or your family physician. This is particularly important if you struck your head or if you have any lapse of memory regarding the circumstances of the accident. In many situations involving injuries, time is of the essence.

Report the accident to your auto insurance company.

Your auto policy requires you to advise the insurance company as soon as possible about any accident involving an insured vehicle. Determine if you have special medical coverage, sometimes referred to as “medpay,” which can pay for immediate medical bills without regard to who was at fault. In speaking with insurance company representatives, be cooperative, accurate and truthful, but recognize that the insurer may be searching for information to support a later claim denial. Don’t give a statement to the insurer unless you are represented by a competent Phoenix car accident lawyer.

Keep a journal and “open a file.”

Carefully maintain a written or electronic record of all relevant information concerning your car accident. Keep information related to the other driver’s name, the identity of any passengers, the names and claim numbers of your auto insurance policy. Keep receipts of cars that you may be required to rent.

Consider hiring a skilled Phoenix car accident lawyer to represent your interests.

Accident victims often comment about how difficult it is in the days following an accident to keep a proper perspective, to think clearly and to make sure that valuable evidence and information is preserved. That is why many individuals involved in car accidents choose to work with a skilled team of accident attorneys like those at Hirsch & Lyon. With more than 60 years of combined experience representing auto victims, we are equipped to help you through trying times. Any Phoenix car accident attorney at our firm can take care of all the necessary and intricate details in handling your claim.

Injured in an Auto Wreck? Contact Hirsch & Lyon today!

Hirsch & Lyon is focused entirely on providing top-tier legal advocacy for the victims of motor vehicle accidents. Our car accident attorneys have over 65 years of combined experience, with a long track record of success in obtaining favorable results for clients, whether through settlement negotiations or at trial.

At Hirsch & Lyon, we understand that client engagement is crucial to success. Our staff is available 24/7 to respond to any questions or concerns you may have. For your convenience, we are also available to make hospital and home appointments. As we are confident in our ability to serve our clients, our injury lawyers provide legal services at a discounted rate (our contingency fee is 25%, and up to 30% if the case proceeds to trial, plus costs). When you win through Hirsch & Lyon, you keep more of it for yourself!

Call 602-535-1900 or contact us online to set up a free consultation with a top Phoenix car accident lawyer today. Our legal team will assess your claims and help you navigate the challenging landscape of litigation.

Experienced Accident Attorneys in Phoenix, AZ

If you have been involved in a car accident, but were lucky enough not to sustain physical injuries, then you may be wondering whether you are entitled to sue the defendant(s) responsible for the accident.

In Arizona, plaintiffs who (by chance) avoided physical injury can bring a lawsuit, assuming that there are “some” measurable damages.  These damages need not be associated with a physical injury — Arizona law entitles plaintiffs to recover property damage caused to their vehicle, and for any emotional distress that they may be experiencing in the wake of an accident.

Let’s take a closer look.

Property Damage is Sufficient to Make for an Actionable Claim

You do not have to have suffered physical injuries in order to sue and recover damages from the liable defendant.  In Arizona (and other jurisdictions), a tort action — here, one arising from a car accident — can be pursued even without damages based on physical injury-related losses.

Suppose, for example, that you are involved in a car accident where you are miraculously left unscathed, but your car is totaled. The defendant-driver was intoxicated at the time of the accident, and as such, can be held liable for the damages.  Under such circumstances, you would be entitled to bring an action against the defendant to recover compensation for whatever losses you did suffer: here, property damages for the car getting totaled (along with replacement costs for renting a car in the meanwhile, or purchasing a new car).

Emotional Losses May Give Rise to Damages

Worth noting is the Arizona may also give you a right of action to recover damages that are linked to “emotional distress” or “mental anguish” caused by the car accident.  In the wake of a car accident, for example, you may experience nightmares and PTSD-like episodes that can have an impact on your quality of life.  In extreme cases, you may be impaired at work or in your social life.

Emotional distress damages fall under the “pain and suffering” category, and as such, form a key component of any car accident dispute.  You may also bring a separate action for emotional distress — either intentional infliction of emotional distress or negligent infliction of emotional distress, and thereby recover for damages that do not necessarily flow from a physical injury.

Contact Hirsch & Lyon for Comprehensive Legal Representation

Here at Hirsch & Lyon, our team of Phoenix accident attorneys has extensive experience working with clients in a range of injury disputes, including car accident cases.  We strive to engage clients early and often in the litigation process so that we can gain insight into the specific circumstances surrounding their dispute, as well as their goals and limitations — by doing so, we are better equipped to tailor our legal representation to the particulars of their case.

Over the years, this approach has helped us secure significant results through negotiated settlement and in trial litigation, alike.

If you’d like to have your claims evaluated, contact us at 602-598-4786 or complete an online intake form to schedule a free consultation.

Car accident lawsuits appear straightforward to those who are unfamiliar with the litigation process — and in some cases, naturally, the “legal” issues are relatively straightforward.  What many plaintiffs do not realize, however, is the various ways in which one’s injury claims can be undermined and weakened by one’s actions in the wake of an accident.  Seemingly minor decisions can have disastrous consequences.

We’ve tallied up five mistakes commonly made after a car accident.  If you’ve been in a car accident and are intending to pursue a claim for damages, contact a skilled Phoenix car accident attorney and be careful to avoid making these mistakes!

1) Failing to Secure Medical Care

Securing timely and adequate medical care is critical.  If you have been injured, you should actively seek out medical care necessary to treat whatever symptoms you have.  Even if you are not expressing any symptoms, you should make an appointment with a physician and have diagnostic tests performed.  In some cases, the injury may be pernicious and undetectable except with advanced medical equipment.

Failure to secure medical care in a timely manner could weaken your claim and lead to difficulties, as the defendant may argue that they are not responsible for your injuries (i.e., that the injuries developed due to your delay), and that your delay is proof that any injuries they caused were not serious.

2) Waiting to Seek the Assistance of a Phoenix Car Accident Attorney

Seeking the assistance of a qualified attorney is not only important for bringing an action before the statute of limitations deadline, but also for obtaining the comprehensive guidance necessary to pursue your claim in the wake of an accident.  Your car accident attorney will assist with a variety of matters, from evidence gathering to witness identification to sending demand letters and filing claims.

3) Making Statements That Undermine Your Claims

Statements that you make to other people — such as the defendant, witnesses, and police officers —at the scene of the car accident, and afterwards, can undermine your legal claims and create complications down the line.

Oftentimes, one’s objective appraisal of a situation is influenced by the adrenaline and chaos of an accident.  At the time of an accident, for example, you may be under the wrong impression that you made a mistake while driving that contributed to the accident.  As such, you might apologize to the defendant and explain your “mistake,” when in fact you did nothing of the sort.  Such a statement could have a negative impact on your ability to successfully litigate your claims.

4) Failing to Identify Witnesses

Eyewitness testimony is extraordinarily valuable in the car accident context, as it can provide the clarity necessary to succeed when there are conflicting narratives.  If you are not in need of emergency medical care after an accident (and can take some time at the accident scene to speak to bystanders), it’s worth identifying possible eyewitnesses and taking down their contact information so that you can consult them later for supportive testimony.  Failure to do so at the scene of the accident could make it more difficult to identify and secure the testimony of reliable eyewitnesses.

5) Negotiating Directly With an Insurer

Insurers are quite clever about minimizing and avoiding a payout, and one of their tactics is to engage with plaintiffs directly (before they can consult with an attorney).  Do not speak with an insurer until and unless you have consulted a qualified Phoenix car accident attorney about the matter.  Insurers use direct conversations to pry for information and statements that they can use to justify the denial of your insurance claim later on.  Further, they may attempt to push you towards an unfavorable resolution at an emotionally sensitive and frustrating moment, before you have had the chance to consider all your options.

Contact Hirsch & Lyon for a Free Consultation

Have you been injured in a car accident?  Depending on the circumstances, you may have an actionable claim for damages under Arizona law.

Successfully pursuing a car accident claim is quite a challenge, but an experienced Phoenix car accident attorney can provide the assistance you need to do so while maximizing the available damages.  Here at Hirsch & Lyon, we have nearly seven decades of combined experience working relentlessly on behalf of injured car accident plaintiffs, with significant results gained through trial litigation and settlement.

If you’d like to learn more about our services and how we can help advance your interests, send us a case evaluation form through our website.  Consultation is free and confidential.

A Car Accident Lawyer Can Advocate on Your Behalf When You Have Insurance Company Headaches 

Insurance companies are fundamentally opposed to their policyholders.  Though pernicious advertising has sold insurance companies as “allies,” the truth is quite a bit different from the marketed fantasy.  Our Phoenix personal injury lawyer knows that insurance companies benefit when they take a position that is adverse to claimants.  When legitimate claimants are denied coverage, paid out less than expected, or choose not to pursue their claims, then the insurance company gets to keep money that they would have otherwise been required to hand-over to the policyholder.

Given this dynamic, insurance companies are incentivized to act (in sometimes devious ways) so that they can avoid having to payout legitimate claims, or at the very least, to reduce the amount they have to payout.

Fortunately, the law shields policyholders.  Insurance companies have a duty to act in good faith towards their policyholders, and that duty is broadly applicable — if your insurer fails to act responsively (with respect to your accident claim), loses important documentation, or has made an adverse decision on your claim without proper justification, then you may have an actionable bad faith claim against them for damages.

So, how can you tell that if an insurance company is giving you the runaround on your motor vehicle accident claim?  Let’s take a look at some common tactics utilized by insurance companies.

Active Investigation of Your Claim

When an insurance company communicates to you that they are actively investigating the claim at-issue, then there is a high likelihood that they are doing whatever they can to find weaknesses in your claim — in the wake of a motor vehicle accident, many insurers conduct an independent factual investigation, of course, but an extended investigation may be indicative that the insurance company smells “blood in the water” and is looking aggressively for a justification to deny or undervalue the claim.

Refusal to Cover Immediate Expenses

In the wake of a motor vehicle accident, our Phoenix personal injury lawyer knows that chances are that you have immediate expenses associated with your losses: medical expenses, wage loss, and property damage, among other things.  If your insurer refuses to provide a small, advance payment to cover at least a portion of these immediate losses, then that may be indicative of their intent to undermine your overall claim.

Refusal to Approve Medical Treatment

If the insurer believes that your injuries fall under a coverage exclusion, or that you simply do not qualify for coverage, then they are very likely to refuse to approve medical treatment.  In fact, they may even refuse to approve medical treatment if they believe that you are entitled to coverage, but that your injuries are being exaggerated or that the treatment sought is unnecessary.

Confusion, Missing Documentation, and Delays

If you sense that the insurer is acting in a confused manner — in other words, if they are asking for documentation that you already submitted or are “messing up” the submission process so as to create administrative headaches for you — then they may be engaging in a stalling tactic designed to intimidate you and wear you down mentally.  If you are exhausted by claim submission and processing, then you are more likely to accept an undervalued payout.  You may even decide that it is not worth the effort and emotional burden to challenge an adverse decision, such as a claim denial.

Contact a Phoenix Personal Injury Lawyer at Hirsch & Lyon for Legal Assistance

If you have had your insurance claim denied, undervalued, or are in preparations to submit an insurance claim, we can help.  After a motor vehicle accident, it’s important that you secure the guidance of a Phoenix personal injury lawyer with a track record of success in navigating the challenges of the insurance claims process.

Here at Hirsch & Lyon, our team has over 65 years of combined experience advocating for plaintiffs and motor vehicle insurance claimants.  Quite simply, we have “seen it all” — we understand the unethical tactics employed by insurance companies and how to effectively overcome them.

Ready to move forward?  Send us a case evaluation form through our website to request a free consultation with one of our attorneys.  We are available 24/7 to respond to any inquiries that you may have concerning your claims.

Have you been injured in an accident in Phoenix — or elsewhere in Arizona — due to the negligence or wrongful misconduct of another party?  If so, the law may give you a right of action against the defendant for damages.  The decisions you make in the wake of that accident can have enormous consequences for your later injury claims against the liable defendant, however.

Even if you choose to pursue claims against the defendants, it’s important that you prioritize full and adequate medical care.  Failure to secure such care could undermine your overall legal argument and reduce the potential damages significantly. Contact our Phoenix accident attorney today to discuss the particulars of your situation.

Let’s take a closer look.

Consequences of a Delay or Failure to Follow-Through on Medical Care

In Arizona, and in every other jurisdiction in the country, our Phoenix accident attorney knows that a plaintiff’s inability to secure timely medical care (and to follow-through on medical care) could have a substantial negative impact on the success of their injury claims.  Consequences include, but are not necessarily limited to, the following:

• The defendant attacks your legitimacy as a plaintiff (i.e., claiming that your injuries were not serious enough, or else you would not have been lax about medical care)
• Difficulties in separating the foreseeable, accident-related injuries from the injuries that were caused by the lack of immediate and comprehensive medical care
• Uncertainties as to the damage calculation
• Statute of limitations deadline issues in the event that you do not discover the injury at an earlier date, when you should have (under the circumstances)

Confused?  This is all perhaps best clarified through an example, so let’s consider one in brief.

Suppose that you injure your leg in a car accident.  You do not seek immediate medical attention after the accident, in large part because you assume the injury is minor (in truth, it is not) and would rather not go through the hassle.  As a result, your condition worsens and you develop a serious infection that causes you to suffer organ failure.  This requires additional medical care and causes significant additional expense.

In litigation, the defendant argues that your damages are largely caused by your delay in seeking medical care — not by the accident itself.  This is likely to be an effective argument with the jury, who may be unsympathetic when presented with a plaintiff who could not do enough to “help themselves.”  Ultimately, the defendant may pick away at the damages to the point that your overall recovery is reduced to a minimal amount.

In the wake of an accident, priority should therefore be given to medical care.  Plaintiffs must do everything they can to secure such care so as to ensure that they have not missed anything that could impact their later injury claims — it is important that plaintiffs not make assumptions about their own health.

Contact a Phoenix Accident Attorney at Hirsch & Lyon for Legal Assistance

Here at Hirsch & Lyon, our team has over 65 years of combined experience working on behalf of injured plaintiffs in motor vehicle accident disputes.  Through these experiences, we have gained the insight necessary to help our clients understand the “ideal” path through every phase of the litigation process.  We provide comprehensive guidance so that plaintiffs do not weaken or otherwise threaten their own claims.

Ready to speak to a Phoenix accident attorney at our firm?  Send us a case evaluation form to arrange for a free consultation.  We are available 24/7 to respond to any inquiries you may have.

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, the defendant claims that they are not responsible for the losses at-issue, since it was not their negligence that led to the collision.  Instead, they argue that the mechanic should be held liable for failing to properly service the vehicle, which would have prevented the accident.

Depending on the circumstances, it is not particularly damaging to your claims for at least some of the fault to fall on the mechanic — after all, they are likely to have more significant liability insurance coverage.

Breaking Down the Case

What determines the distribution of fault in a car accident dispute involving improper maintenance?

Owners are not expected to have professional skill or training with respect to understanding mechanical issues.  Still, they can be held to the standard of a reasonable person in the same or similar circumstances.  For example, if the owner of a vehicle is driving around on a flat tire, they should be aware of that and seek the assistance of a mechanic (or change the tire themselves).

In more complicated situations, such as engine trouble, the owner may not know how to fix it, but can be held liable for failing to seek the assistance of a professional mechanic.  Once the car has been brought to a mechanic, then the mechanic can be held liable if they do not adequately perform such maintenance.

Contact Hirsch & Lyon for Immediate Legal Assistance

Here at Hirsch & Lyon, our attorneys have extensive experience representing car accident plaintiffs in challenging litigation, including disputes that involves claims arising from the unreasonable risks posed by a poorly-maintained vehicle.  Car accident litigation may seem straightforward at first, but the dispute can become quite complicated when new and complex issues are brought to the fore (i.e., distribution of fault among multiple defendants, understanding the impact of inadequate maintenance, etc.).  Fortunately, we are well-equipped to successfully guide plaintiffs through a wide range of motor vehicle disputes.

As a firm, we have chosen to exclusively handle personal injury cases.  This specialized focus has — over many decades — helped us to develop competitive insights into what is necessary to secure a favorable result, even in cases where the defendant is hostile, or where the legal issues are not straightforward.

Ready to move forward with your claims?  Call us at 602-535-1900 or send us a message through our online form to arrange for a free, confidential, and no-obligation consultation with a skilled Phoenix car accident lawyer at our firm.

Car Accident Lawyer in Phoenix, AZ

If you’ve been injured in a motor vehicle accident — whether you’re a pedestrian, driver, or passenger — then Arizona law may give you a right to sue and obtain compensation for your various losses.  There is significant diversity from case-to-case in terms of the fact patterns and how the dispute must be litigated.

In many cases, there are issues involving defects with the roadway itself (such as poor road visibility) that contributed substantially to the accident.  These defects can be influenced by a number of factors.

Consider the following non-exhaustive list.

Grading and Sudden Elevation Changes

Sudden elevation changes can have an enormous effect on road visibility.  When a crosswalk is placed at a plateau between sharply-graded roads, then rising traffic may have their visibility significantly impeded.

Elevation changes need not be sudden to have an impact, however.  Even roads with a more gradual vertical grade can influence visibility — for example, if a road is graded upwards at a low degree, this could have an inhibiting effect on drivers at a distance, preventing them from easily identifying crossing pedestrians further down the road.  With the assistance of a road safety expert, you can identify the potentially negative consequences of such elevation changes.

Adjacent Property Interference

Adjacent property can quite easily interfere with road visibility.  For example, if a home built next to a road has an overgrown tree in the yard that extends out into the street, then the branches might cause problems for drivers and pedestrians.  Under such circumstances, both the party responsible over the roadway (i.e., the City) and the party responsible over the adjacent property may both be held liable for failing to correct the defect.

Inadequate Lighting

Roads must be properly illuminated at night.  Whether the illumination is “sufficient” is a fact-dependent question that will change based on the circumstances.  Fundamentally, however, if there is inadequate lighting, or if the lighting is simply not working (perhaps due to poor maintenance), then this could give rise to an actionable claim for damages in the event of an accident.

Poorly Marked Crosswalks

Crosswalks must be made visible to incoming traffic.  Failure to design, construct, and maintain a crosswalk that gives sufficient notice to drivers (of its existence) could expose the responsible parties to significant liability.

Consult an Experienced Attorney at Hirsch & Lyon

Here at Hirsch & Lyon, our team of attorneys boasts nearly seven decades of combined experience in litigating claims on behalf of injured plaintiffs, and more specifically, those who have suffered injuries in the motor vehicle accident context.  We have helped numerous plaintiffs (including pedestrians) recover compensation that fully and adequately covers their losses.

Unlike many of our competitors, we are committed to client-focused service.  We make ourselves throughout the litigation process to respond to any and all inquiries, and work tirelessly to ensure that our client’s goals, preferences, and concerns relating to litigation are integrated into the overall case strategy.

Ready to move forward with your claims?  Call us at 602-535-1900 or contact us online to request a free and confidential consultation with a seasoned Phoenix car accident lawyer at Hirsch & Lyon.

If you’ve been injured in a car accident, and you have significant liability coverage, then you may be entitled to compensation pursuant to the terms of your insurance plan.  In many motor vehicle accident cases, however, the injured are constantly challenged by their insurer and may not be awarded the benefits they seek.  This can place a significant burden on the injured plaintiff, who may not have any other recourse for compensation.

Here at Hirsch & Lyon, we have extensive experience handling motor vehicle accident disputes, including those that require a first-party insurance claim.  Contact us for comprehensive guidance on how to proceed.

First Party Insurance Coverage is Invaluable

First-party insurance coverage is particularly applicable to motor vehicle accident scenarios in which the defendant-driver lacks sufficient insurance coverage to compensate you for your losses.  For example, if you have suffered damages in excess of $200,000, but the defendant has insurance coverage that pays out only $35,000, then that will be insufficient for your purposes.  You will have to seek full and adequate compensation through other means — in most cases, through first-party insurance coverage.

Wrongful Denial and Bad Faith Claims

Many plaintiffs do not realize that insurance companies are fundamentally arrayed against them.  It is the insurer’s goal to minimize their payouts so that they can maximize their overall profits.  As such, insurers tend to be aggressive in denying first-party insurance claims made by policyholders.  They may justify the denial in a number of different ways, such as by arguing that you were at-fault for your injuries, or that your injuries are pre-existing.

In denying such claims, however, insurers may “go overboard.”  If the insurer wrongfully denied your claim, then you may be able to challenge their decision and secure the compensation you deserve.  In cases where the insurer did not have a reasonably justification for denying the claim, and acted maliciously to deny benefits (i.e., by delaying the processing of your claim to an excessive degree, or by lying to you so that you will drop your claim), then the court may even choose to award bonus punitive damages.

Request a Free and Confidential Consultation at Hirsch & Lyon

Here at Hirsch & Lyon, our attorneys have nearly seven decades of combined experience handling personal injury cases.

Thanks to the significant depth of our experience in such matters, we have gained key insight into the strategies and excuses typical of insurance companies, and how to successfully secure compensation despite such challenges.  Since our founding, this focused approach has helped us to secure significant compensation for our clients through favorable verdicts and settlements.

Ready to move forward with your claims?  Call 602-535-1900 or send us a message online to schedule a free and confidential consultation with a skilled Phoenix car accident lawyer at Hirsch & Lyon.

In Arizona (and throughout the United States at-large), if you’ve been injured in a car accident due to the fault of another party, then you may be entitled to significant damages as compensation for your losses.

What you may not realize, however, is that your ability to recover could be affected by the defendant’s unique circumstances and impairments.  For example, though the defendant-driver may have crashed into your vehicle, if they were experiencing a sudden medical emergency at the time of the accident, then they may be able to avoid liability for your injuries.

The sudden medical emergency defense can be confusing, so we’ll explore some of the basics to clarify how it works.

Basics of the Sudden Medical Emergency Defense

In order for the defendant-driver to take advantage of the sudden medical emergency defense and successfully avoid liability, they must show that:

1. They suddenly lost consciousness, or experienced some other medical emergency symptoms that caused them to lose control over their vehicle; and
2. The medical emergency at-issue was sudden and unforeseeable.

Let’s take a closer look at these two elements.

Loss of Control

The defendant-driver cannot make use of the sudden medical emergency defense if they did not lose control over their vehicle at the time of the accident.  If the defendant was merely impaired, for example, but could still exercise a sufficient level of control that they could have avoided the collision, then they can be held liable for the resultant injuries.

Events Were Sudden and Unforeseeable

A medical emergency that was “foreseeable” cannot shield the defendant-driver from liability for causing your injuries.  Drivers who can reasonably foresee the risk of an accident (due to a medical emergency) must take steps to mitigate those risks, by refusing to drive or by taking necessary medication.  Whether the medical emergency was reasonably foreseeable depends on the circumstances.  For example, if the defendant-driver failed to take their seizure medication before operating their vehicle, then the subsequent seizure would have been reasonably foreseeable.

Speak to an Experienced Phoenix Car Accident Lawyer for Assistance

Hirsch & Lyon is a boutique personal injury litigation firm based in Phoenix, AZ.

Interested in speaking to a qualified attorney about your claims?  Call 602-535-1900 or submit an online case evaluation form to schedule a free and confidential consultation with an experienced Phoenix car accident lawyer at Hirsch & Lyon today.

Many injured car accident plaintiffs mistakenly believe that their lawsuit will progress in a simple and straightforward manner.  This is natural, of course.  They may approach the case with their own understanding of what transpired, and who is responsible for their damages.  In truth, however, a car accident lawsuit can develop in a rather non-standard fashion (depending on the circumstances), which can take a plaintiff by surprise.

In the car accident context, one of the various non-standard possibilities for recovery is the negligence of a mechanic/auto shop.  Drivers trust their mechanics to perform comprehensive inspections and to correct defects as they are discovered, or to — at the very least — notify them as to the existence of such defects.  If a mechanic fails to do so, then they could be held liable for the damages suffered in a subsequent car accident.

How does this all work?  Let’s take a closer look.

Negligent Inspection and Maintenance Basics

Mechanics have a duty to properly inspect, maintain, and repair vehicles that have been entrusted to them (for such services).  If a mechanic fails to exercise reasonable care in inspecting a vehicle (and thereby fails to identify a defect), or performs a negligent repair using substandard parts, then that may give rise to liability in the event that it contributes to a car accident later on.

It’s worth noting that a mechanic’s liability (for negligence) can generally be imposed on their employer, the auto repair shop, through the application of vicarious liability principles.  This can be handy given that the auto repair shop may have more substantial insurance coverage and may be more willing to negotiate a fair settlement due to having a business reputation to protect.

“Industry Standards” May Be a Sticking Point

Central to the negligence consideration is an evaluation of the standard of care.  Mechanics may only be held liable for their actions if they violated the standard of care.  The standard of care is dependent on a number of factors, which includes typical conduct in the industry under similar circumstances.

For example, suppose that your mechanic verbally notifies you about a defect they found with the engine.  You might try to argue that the mechanic should have given you written, formal notice of the defect, but the mechanic could potentially defend themselves by arguing that verbal notification is the industry standard.

Speak to an Experienced Phoenix Car Accident Lawyer for Guidance on Your Claims

Hirsch & Lyon is a Phoenix-based personal injury litigation firm that exclusively handles motor vehicle lawsuits on behalf of injured plaintiffs.

Our team of attorneys has many decades of experience representing those who have suffered harm in a range of motor vehicle accident scenarios — this includes complex and non-standard matters that may involve the negligence of a third-party, such as a mechanic/auto shop that fails to properly maintain your vehicle.  This specialized approach to personal injury litigation has given us deep insight into what it takes to successfully obtain compensation for our clients.  Over the years, we have secured substantial results in motor vehicle accident cases, through negotiated settlements and trial verdicts alike.

Interested in learning about your case and what you can do moving forward?  Call 602-535-1900 or submit an online case evaluation form to schedule a free and confidential consultation with a skilled Phoenix car accident lawyer at Hirsch & Lyon today.

If you’ve been harmed in a car accident scenario in which the defendant-driver fled the scene of the accident — known colloquially as a “hit and run” — then you may be entitled to damages, though litigation may be more complicated than a standard car accident case.  In a hit and run lawsuit, there are a number of unique challenges and opportunities to keep in mind when considering the dispute process.

Let’s take a closer look.

Identifying the Defendant

Perhaps the most significant problem facing injured plaintiffs in hit and run accidents is identifying the defendant in the wake of the accident.  If the defendant gets away without leaving a “trail,” then you might not have an opportunity to litigate your claims against them and obtain the compensation you deserve.

Given the risk of a defendant successfully avoiding a lawsuit in a hit and run accident, it’s important to consult a skilled attorney as early as possible — your attorney will work with expert investigators and various stakeholders (i.e., law enforcement, businesses located near the accident) to secure evidence, such as video footage and traffic photos, to secure information that could be used to identify and track down the defendant.

Implied Fault

When the defendant flees the scene of the accident, they are painting themselves as the liable party, even if their negligence is questionable.  If you can identify the defendant-driver and bring an action against them, they will be fundamentally disadvantaged throughout the litigation process, as they must account for the fact that a jury will have a negative perception of them.

Punitive Damages Availability

When the defendant flees the scene (assuming that they did not do so in response to physical violence or threats of harm), they are engaging in willful misconduct.  As such, under Arizona law, the court may choose to award bonus punitive damages to punish the defendant for their egregious conduct, and to discourage others from similar hit and run conduct.

Punitive damages can raise the damages substantially.  If you are entitled to recover $100,000 in compensatory damages (i.e., medical expenses, wage loss, pain and suffering, etc.), then your punitive damages could be a three-times multiple of those damages, or $300,000, for $400,000 in total.  If you can establish the possibility of punitive damages, the defendant is very likely to negotiate a favorable settlement early to avoid the risk of being saddled with such a large financial burden.

Contact an Experienced Phoenix Car Accident Lawyer to Schedule a Free Consultation

At Hirsch & Lyon, our attorneys have decades of experience litigating claims on behalf of those who have suffered injuries in Arizona car accidents that were caused due to the fault of another party.

Our team is well-positioned to represent you at every stage of the litigation process, from identifying the defendant to negotiating a settlement, to advancing the case to trial if necessary.

Ready to learn more about your claims and what you can do to move forward on the road to recovery?  We encourage you to call 602-535-1900 or submit an online case evaluation form to schedule a free and confidential consultation with a skilled Phoenix car accident lawyer at Hirsch & Lyon today.

Ridesharing is a form of transportation in which the customer connects to an independent driver who is registered on a mobile app.  The customer requests a ride, and the app links up one of the rideshare drivers to the customer.  The company takes a cut of the ride’s overall cost.

In Arizona, and elsewhere, ridesharing services (such as Uber and Lyft) have become increasingly common over the years.  Still, despite its ubiquity, many injured plaintiffs are unsure of their rights under the law and how they can secure adequate damages in a rideshare accident scenario (car, truck, etc.).  If you’ve been injured in an accident involving a rideshare vehicle, then you may be entitled to damages, but the dispute may be complicated by a number of issues.

Let’s take a peek at some of the basics.

Insurance Coverage

Whether you are likely to receive damages will depend — in many cases — on the insurance coverage.  In Arizona, rideshare companies such as Uber and Lyft pay for liability insurance coverage of up to $1 million to cover accidents involving their drivers.  This liability insurance may vary depending on the circumstances.

For example, suppose that you are riding as a passenger in an Uber when the driver crashes the car.  Given that the driver had already picked you up and was taking you to your destination, you would be entitled to the full $1 million of insurance coverage.

Now, if a driver has not yet picked their passenger up, but is on his way to do so when he injures someone, then a reduced amount of liability coverage will apply (i.e., $100,000 in most rideshare insurance policies).

Suing the Rideshare Company

If you’ve been injured by a rideshare driver, then you may want to bring an action against the company directly.  The problem, however, is that Arizona law defines Uber and Lyft drivers as independent contractors.  As such, you cannot apply vicarious liability principles to rideshare companies.  If you wish to impose liability on a rideshare company directly, you’ll have to prove that they contributed to your injuries through independent negligence.

For example, suppose that you are injured by a rideshare driver who is operating their vehicle extremely recklessly.  You later discover that the driver does not have a license.  After further investigation, it turns out that the rideshare company did not do their due diligence and determine whether the driver had an active license before allowing them to register and use the service to pick up customers.  Given their inability to perform an adequate background check, you would likely have a negligence claim against the company for damages.

Contact Hirsch & Lyon for a Free Consultation With an Experienced Phoenix Car Accident Lawyer

Here at Hirsch & Lyon, our attorneys have substantial experience litigating car accident claims — including rideshare-related accidents — on behalf of those who have been injured due to the negligence, recklessness, or intentional misconduct of another party.  In fact, unlike many of our competitors, our firm exclusively provides legal services to those who are involved in a motor vehicle accident dispute, giving us depth of insight into the unique issues typical of such litigation.

We are capable of anticipating how the opposing counsel is likely to react to our claims, and how best to circumvent the barriers raised over the course of litigation.  Our specialized approach has served us well over the years — we have recovered over $100 million in damages for our clients, in trial verdicts and negotiated settlements.

Call 602-535-1900 or send us a message through our website to schedule a free and confidential consultation with an experienced Phoenix car accident lawyer at Hirsch & Lyon today.

Phoenix Accident Lawyer

If you’ve been injured in a motor vehicle accident due to the fault of another, then you may be entitled to recover damages pursuant to Arizona law.  It’s worth noting, however, that the lawsuit may change depending on whether the defendant was operating a “commercial vehicle.”

If the defendant-driver was operating the vehicle for a commercial purpose — in other words, if they were an employee acting within the course and scope of their employment — then you might have legitimate, actionable claims against their employer on the basis of vicarious liability and negligent hiring theories of liability.  Claims against an employer are valuable for a number of reasons, chief amongst them the fact that employers tend to have deeper pockets and more to lose by going through litigation (i.e., their commercial reputation), and as such, you’re likelier to secure full and adequate damage recovery in litigation against the employer.

Let’s explore negligent hiring claims.

Independent Employer Negligence and Negligent Hiring

Negligent hiring claims are “independent” claims brought against the employer for their own contribution of negligence in a commercial vehicle accident — they are quite unlike vicarious liability claims, which impose liability on the employer for the negligence perpetrated by the employee.

In Arizona, you can hold the employer liable for both negligent hiring and for claims falling under the vicarious liability umbrella.

Thus, in order to succeed in establishing liability in a negligent hiring lawsuit, you’ll have to show that the defendant-employer actually acted in violation of the standard of care and thereby contributed to your injuries.

Negligent hiring can be difficult to understand, so let’s use an example to get the basic concepts across.

Suppose that you are injured in an accident involving a commercial driver who was driving while distracted by their cell phone (texting) — perhaps a delivery driver for a local business supply warehouse.  You consult an attorney for assistance.  As the investigation deepens, you discover that the employer hired the driver despite knowing that they had a long and consistent accident history, most of which involved distracted driving.  It seems clear that the employer negligently hired the driver, given that they knew about the heightened risk of harm.

Negligent Hiring Issue Must Be Linked to the Accident

Importantly, negligent hiring will not lead to liability unless the “negligence” actually contributed to your injuries.  For example, if a commercial driver struggles with alcoholism (and the employer hired them despite knowing of the alcoholism), then you cannot succeed in establishing liability for negligent hiring unless you show that the driver was intoxicated at the time of the accident.  If the driver was not intoxicated, then the “negligent hiring” issue is irrelevant to the injuries caused.

Contact an Experienced Phoenix Accident Lawyer for a Free and Confidential Consultation

Here at Hirsch & Lyon, our attorneys have extensive experience handling claims on behalf of those who have been injured in car, truck, and motorcycle accidents, including those that involve a commercial vehicle.

Commercial vehicle accidents may implicate the employer of the driver, thus giving rise to additional complications (and opportunities).  Since our founding, we have secured over $100 million on behalf of our clients, through favorable verdicts and settlements.

Interested?  Call 602-535-1900 or send us a message online to request a free, confidential, and no-obligation consultation with an experienced Phoenix accident lawyer at Hirsch & Lyon today.

Car Accident Lawyers in Phoenix Explain “Emergency Defense” 

In Arizona, as in other states, the behavior of the defendant-driver in a car accident is not always unjustifiable.  Depending on the circumstances, the defendant-driver may have acted in a reasonable manner, even though their actions ultimately led to an accident (and subsequent injuries).  These situations tend to be rather uncommon, but they do happen — the sudden emergency doctrine covers one such scenario.

By developing a more complete understanding of the defenses commonly used to avoid liability in a car accident lawsuit — such as the sudden emergency defense — you can be better prepared to undermine the defendant’s argument.

Let’s take a closer look.

What is the Sudden Emergency Defense, and How Does it Work?

The sudden emergency doctrine — on which the defense is anchored — establishes that a defendant cannot be held liable for when they act reasonably (given the circumstances) in reaction to an emergency.  This can be a difficult concept to explain using general terms, so let’s explore a quick example to clarify.

Suppose that you are injured in a car accident where the defendant-driver shifted into your lane suddenly and slammed into the side of your car, causing you to collide with the median and suffer serious harm.  As it turns out, however, the defendant-driver only acted in that manner in order to avoid a massive ditch that would have sent their car falling at least ten feet or so.  The defendant was acted out of necessity due to a “sudden emergency.”  Under such circumstances, they would likely not be liable for the injuries you suffered.

Reasonable Conduct Under the Circumstances

It’s important to understand that you can overcome the defendant’s assertion that they are shielded from liability due to the sudden emergency defense.  You’ll have to show that the defendant did not act reasonably under the circumstances, however.

Though an emergency situation does give defendant’s a wider “berth” of reasonable conduct, some actions may still be unreasonable.  For example, if the defendant sees that the road is coming to a sudden end, and they have to merge, then it may be unreasonable for them to immediately merge into a crowded lane (at high speed) as opposed to slowing down or coming to a stop, first.  If the defendant acts unreasonably in an emergency situation — in other words, if a reasonable person would have acted differently — then they can be held liable for the damages caused.

Contact an Experienced Phoenix Car Accident Lawyer for a Free and Confidential Consultation

Here at Hirsch & Lyon, our team of attorneys has decades of experience litigating motor vehicle accident claims (including car accident claims) on behalf of those who have been injured due to the fault of another.

This specialized approach to litigation has given us deep insight into our practice areas and how to effectively advocate in challenging situations.  We are able to anticipate the tactics that will be employed by the defendant and undermine or otherwise circumvent the hazards altogether.  Since our founding, we have achieved substantial success in motor vehicle accident litigation, and have recovered over $100 million for our clients.

Call 602-535-1900 or submit an online case evaluation form to schedule a free and confidential consultation with an experienced Phoenix car accident attorney at Hirsch & Lyon today.

If you are injured in a car accident where the collision is caused by the defendant’s failure to maintain their vehicle in a reasonably safe condition, then you may have a right of action against the defendant for damages.  In Arizona, and elsewhere, drivers have a duty to maintain their vehicles — failure to do so could expose them to significant civil liability in the event of an accident.

Defendants Have a Duty to Properly Maintain Their Vehicles

In Arizona, all drivers have a duty to maintain their vehicles in a reasonably safe condition so as to minimize the risk of injury to others.  Ensuring that one’s vehicle is properly maintained and free of defective conditions (that could pose an injury risk) may require a wide range of active behaviors, such as regular inspections, professional servicing and repair, and more.

Whether the defendant has done enough to maintain their vehicle will depend on the circumstances of the case.  For example, if the defendant notices that their engine is acting up quite a bit, and they refuse to inspect the condition to determine whether the engine is faulty and in need of repair, then that may constitute negligence (if the engine fails and leads to a collision).

Knew or Reasonably Should Have Known

Critically, you can only hold a defendant-driver liable for the failure to adequately maintain their vehicle (in a safe condition) if you can prove that the defendant knew of the defective condition at-issue, or reasonably should have known about the defective condition.  Drivers must regularly inspect their vehicles, or have a professional do so on their behalf.  If a defective condition is obvious and should have been discovered during the inspection, but was not, then the defendant may still be held liable.  Of course, some defective conditions may become known (or reasonably should be known) even outside of the inspection context — for example, if a tire goes flat, then the driver should become aware of the defective condition, even if they have not performed an “inspection.”

Schedule a Free Consultation With an Experienced Phoenix Car Accident Lawyer

If you have been injured in a car accident due to the fault of another party, you may be entitled to recover significant damages pursuant to Arizona law — but litigation can often be quite complicated.  As such, we encourage you to get in touch with a seasoned team of attorneys who can aggressively represent your interests from beginning-to-end of litigation.

Here at Hirsch & Lyon, our attorneys have over six decades of combined experience advocating on behalf of car accident plaintiffs, including those involved in accidents where the collision occurred due to the defendant’s failure to adequately maintain their vehicle in a safe condition.  As a firm, we focus entirely on personal injury cases, so we are fully capable of handling “edge cases” and disputes where the defendant’s liability may be difficult to assess.

Call 602-535-1900 or submit an online claim form today to schedule a free and confidential consultation with an experienced Phoenix car accident lawyer at Hirsch & Lyon.  We will evaluate your case and — if the claims are worth pursuing — will work with you to develop a strategy for securing maximum compensation.

Intersections tend to be hotspots for motor vehicle and pedestrian accidents, in Arizona and throughout the country at-large.  According to a 2008 study conducted by the National Highway Traffic Safety Administration, there were roughly 2.31 million crashes that occurred at intersections in that year alone.

If you suffer injuries in a motor vehicle accident that occurs at an intersection, and the intersection was designed in a way that contributed to the accident, then you are entitled under Arizona law to sue the person or entity that owns or possesses the intersection property.

Whether an intersection represents a hazard depends on a number of factors, but ultimately rests on a determination that the intersection presents an unreasonable risk of danger to users of the intersection.  There are a number of different factors to consider, of course.  Let’s take a look at a few.

Obstructed Visibility

Oftentimes, intersection accidents occur due to problems with visibility — whether caused by inadequate lighting, narrow or otherwise constrained sight lines leading up to the main intersection, and various physical obstructions such as poorly placed signage, trees, and other items.  When designing and maintaining an intersection, those responsible must consider the ability of drivers and pedestrians to identify the presence of the intersection (and others near the intersection) in advance, thus giving them the time necessary to make adjustments.

Non-Functioning Traffic Signals

Intersections must be properly maintained to ensure that the traffic signals are in good working order.  In some cases, for example, an errant traffic signal may give a pedestrian confidence to enter the intersection and cross the road, thus luring them into a dangerous situation.  If the signal doesn’t work, then the pedestrian could be hit by an incoming vehicle.

Inadequate Traffic Signals

The traffic entering certain intersections can be high-volume, complex, and chaotic.  Intersection design must take this into account — if additional, visible, easier-to-read traffic signals are necessary to properly control traffic, then it must be implemented to ensure that the intersection does not pose an unreasonable risk of danger.

Lack of Speed Control Mechanisms

Speed control mechanisms (i.e., radar signs, speed bumps, etc.) are an effective way to slow down incoming traffic.  Unfortunately, administrative bloat and lack of care can lead to inadequate speed control implementations.  With the aid of a skilled attorney, you can investigate the roadway and determine whether traffic speed would benefit from such mechanisms, and whether the implementation thereof might have prevented your injuries.

Design Inconsiderate of the Circumstances

Intersection design must be reactive to the circumstances.  For example, if there is an elementary school down the street from the intersection, it’s important that the intersection be highly visible to both drivers and pedestrians — further, the traffic signals must be implemented to give schoolchildren sufficient time to cross the street safely.  If the traffic signal is too “fast” to countdown, then this might encourage unsafe behavior when crossing the road.

Contact a Skilled Phoenix Accident Lawyer for Help

Poor intersection design poses a serious risk of injury to drivers and pedestrians alike, and litigation may be worth pursuing — not only to ensure maximum compensation for your injuries, but also to force the defendant to correct the design of the intersection and prevent others from suffering similar harms.

Here at Hirsch & Lyon, we have decades of experience assisting injured plaintiffs with a range of motor vehicle accident claims, including those that involve road hazards and dangerous conditions of property at intersections (public and private).  We pride ourselves on being a firm that values clients and their time.  We make ourselves readily available to answer any questions or concerns that clients may have, and further, we offer discounted contingency fees so that our injured clients can keep more of what they ultimately secure in a verdict or settlement.

Call (602) 535-1900 or send us information about your claim online to schedule a free and confidential consultation with an experienced Phoenix accident lawyer.  We look forward to assisting you.

If you’ve been injured in a motor vehicle accident (due to the negligent or wrongful acts of another), then you may be somewhat confused as to how your health insurance coverage affects your ability to recover damages for incurred medical expenses.

After all, it might seem reasonable to the injured plaintiff that they be entitled to recover damages only for losses incurred out-of-pocket.  If your health insurer is paying for all your medical expenses, can you assert such damages in litigation against the defendant?

Thanks to the collateral source rule: yes.  Arizona law gives injured plaintiffs the right to recover for medical expenses, even if their insurer is covering such expenses.

The Collateral Source Rule

In Arizona, as in many other states, the “collateral source rule” applies to a range of personal injury actions.  The rule essentially prevents the jury from being able to consider evidence relating to plaintiff’s receipt of funds from outside sources, such as insurance, so that the defendant cannot escape significant liability simply because the plaintiff had the good sense and foresight to purchase insurance coverage.

In practical terms, the application of the collateral source rule means that you — the injured plaintiff — are entitled to recover damages for any and all legitimate medical expenses, even if those expenses are being covered by your insurer.  Simply put: your health insurance coverage will not negatively affect your ability to secure damages in a personal injury lawsuit.  Claim reimbursement is irrelevant.

Recovering Damages for the Amount Paid

It’s worth noting that the push-and-pull between healthcare providers and insurers often leads to significant pricing negotiation.  In Arizona, injured plaintiffs are entitled to assert (and recover) damages for the actual amount paid by their insurer.

How does this work?

Suppose that you are treated at a rehabilitation clinic.  The clinic charges $100,000 in total for months of treatment.  This treatment is covered by your health insurer.  As such, your insurer negotiates with the clinic and gets the price reduced to $50,000.  When bringing a claim for medical expenses, you will therefore have to claim the amount that was ultimately paid by your insurer: $50,000.

Contact an Experienced Phoenix Accident Attorney for Further Assistance With Your Claims

If you have suffered injuries in a motor vehicle accident that was caused due to the contributed fault of another person or entity, then you may be entitled to recover damages pursuant to Arizona law.  Litigation is not always as straightforward as it initially appears, however — when making a claim for medical expenses, for example, one must take into account the amount actually paid by the insurer.

Here at Hirsch & Lyon, our attorneys have over six decades of combined experience representing injured plaintiffs in motor vehicle accident litigation, including car, truck, and motorcycle accidents.  Unlike other firms, we are specialized in aggressively litigating motor vehicle accident cases to their fullest extent, giving us a substantial competitive advantage in securing compensation on behalf of our clients.

Call 602-535-1900 today to schedule a free and confidential consultation with an experienced Phoenix accident attorney here at Hirsch & Lyon.  During your initial consultation, we will evaluate your injury claims and help you strategize your next move.

Quite often, injury victims are not in perfect health.  One injury victim may be suffering from a serious heart condition that predisposes them to blood clots, heart attacks, and other heart-related injuries during times of great stress.  Another injury victim may be suffering from a weak back that is prone to fracture injuries.

Injury victims who are in particularly poor health, or who are uniquely fragile — for example, who suffer from muscle weakness or a lack of bone density — may feel that they are not in a strong position to sue the defendant who caused their injuries.  These victims mistakenly believe that their condition precludes a lawsuit.  After all, should the defendant be held liable for injuries that are unexpected?

Simply put: yes.  In Arizona, and in other jurisdictions throughout the country, defendants may be held liable for any and all injuries that were caused by their negligent, reckless, or intentional actions.  It does not matter that the defendant was “unlucky” that their actions affected a fragile victim — the defendant must bear the burden.

All of this is great news for injury victims, of course, and we encourage you to speak with a qualified attorney for further guidance.  For now, let’s unpack some of this terminology so that we can clarify any remaining confusion.

Defendants Must Accept the Cost Burden of Their Actions

No matter what jurisdiction you’re in — Arizona or California or New Mexico or Texas — the “thin skull” rule, otherwise known as the “eggshell skull” rule, will apply to your injury lawsuit.  This rule is fundamental to personal injury litigation, and has far-reaching implications.

So, what is the “thin skull” rule?

Essentially, the “thin skull” rule requires that the defendant be held liable for all the damages that they cause, no matter the condition of the defendant.  Pursuant to the “thin skull” rule, a defendant may be held liable for damages that are unforeseen, unlikely, and entirely unexpected.

For example, suppose that someone sucker punches you on the street.  You have a degenerative spinal condition that renders your spine particularly vulnerable to shock impact damage.  When you fall down and hit the ground, you become paralyzed from the waist down.  Even though a “normal” person may not have been paralyzed under the same circumstances, it is irrelevant — you would be able to sue and recover damages that include all the losses you sustained (and will sustain) due to your paralysis.

The “thin skull” rule shifts the cost burden of an injury over to the defendant who caused the injury.  If the rule were not in effect, then the disproportionate consequences of the defendant’s behavior would have to be shouldered by the plaintiff, who was simply a victim, not the aggressor.  Application of the rule has significant (positive) implications, which is why it is uniformly applied across jurisdictions in the United States.

How the “Thin Skull” Rule Works in Real-World Situations

In real-world situations, the “thin skull” rule allows fragile plaintiffs to sue and recover substantial damages that may seem disproportionate given the defendant’s actions.  Imagine, for example, that you are involved in a car accident with the defendant.  You have generalized anxiety, and in the wake of the accident, you experienced episodes that have caused substantial emotional trauma.  Though the fact that you are experiencing continued psychological trauma months, or even years, after the accident may seem “disproportionate,” so long as you can present evidence of this trauma (i.e., medical/therapy records) then you would be entitled to recover damages.

Speak With an Experienced Phoenix Car Accident Attorney for Further Guidance

If you’ve been injured in an Arizona car accident due to the negligence, recklessness, or intentional acts of another person or entity, then you should consult with a qualified attorney who can help you navigate the challenges of litigation and obtain compensation on your behalf — even if you suffer from a physical condition that makes you more “fragile” than the average person, or that otherwise predisposed you to injury.

The prospect of personal injury litigation can already feel overwhelming to an injured plaintiff who has little experience in the legal arena, and this feeling can be exacerbated if they suffer from a condition that predisposed them to the injury.  There’s no need for concern, however.  It’s important to remember that Arizona law allows injured plaintiffs — even those who are uniquely fragile — to sue the defendant and recover damages pursuant to a legitimate injury claim.

Here at Hirsch & Lyon, our attorneys have spent decades representing the interests of injured plaintiffs in a range of disputes, including those where our client was a “thin skull” plaintiff and therefore suffered a unique fragility that predisposed them to injury.

Call (602) 535-1900 to schedule a free consultation with an experienced Phoenix car accident attorney today.  We look forward to assisting you.

If you are suing the defendant for having caused your injuries — perhaps in a car accident, for example — then you may be concerned about having all your medical records exposed to the defendant and their attorneys.

You may be uncomfortable with the prospect of having private information revealed to the public at-large (if the medical records are introduced into evidence, then the details will be made available to the public).  Further, the greater access that the defendant has to your lifetime medical records, the more likely it is that they will be able to weave together a damning narrative that undermines your arguments.

Suppose that you are injured in a car accident that was caused by the defendant, who was operating their vehicle in a distracted manner.  You injure your leg as a result of the accident.  During the discovery process, the defendant requests your lifetime medical records.  That request is likely overbroad, however, and you need not honor it.

If the defendant were to have access to your lifetime medical records, they might notice that you have been in-and-out of hospitals many times throughout your life, and they might argue that your leg injury is exaggerated, given your “demonstrated tendency” to malinger.

By preventing the disclosure of irrelevant medical records, you therefore shield your lawsuit from damaging narratives.

Fortunately, the basic rules of evidence in Arizona protect injured plaintiffs against unnecessary and over-broad investigations into their lifetime medical records.  It’s important that you secure the assistance of a qualified Phoenix car accident attorney, as they will help you navigate the challenges of litigation without having to provide access to irrelevant evidence that could hurt your case.

Evidence Rules at a Glance

The rules of evidence in Arizona largely mirror those enshrined in the various federal rules of evidence.  For now, we’ll take a brief look at two of the most important evidentiary considerations that prevent excessive medical record disclosures.

Evidence Must Be Relevant

Rule 402 of the Arizona Rules of Evidence requires that admissible evidence be relevant (irrelevant evidence will not be admissible), while Rule 401 describes the test for relevant evidence.  Pursuant to Rule 401, evidence will be deemed relevant only if it has a tendency to make a fact more or less probable than it would be without the evidence at-issue, and if it is of consequence in determining the action.

What does this mean in the context of medical records?

Suppose that the defendant requests your medical records relating to a hand injury you sustained years ago, even though in your current lawsuit you are only arguing that you have suffered leg injuries.  You could likely prevent the disclosure of the hand injury-related medical records because it is of no consequence in determining the action.

Evidence Must Not Be Prejudicial, Confusing, or a Waste of Time

Rule 403 of the Arizona Rules of Evidence requires that the court exclude evidence — even if it is relevant — if its probative value is outweighed by the danger of causing unfair prejudice towards the plaintiff (for example, an abortion might prejudice the jury against the plaintiff in a conservative county).  Similarly, the probative value must be outweighed by the danger of causing confusion, a waste of time, or the jury to be misled.

Schedule a Free Consultation With an Experienced Phoenix Car Accident Attorney

Here at Hirsch & Lyon, our attorneys have accumulated over six decades of combined experience representing a range of clients in personal injury litigation — including car accident cases — throughout the state of Arizona.

Unlike many other injury firms, we are deeply invested in the well-being and success of each of our clients.  As such, we make ourselves available 24/7 to answer any questions or concerns that a client may have regarding their case, and we work closely with our clients (from the start of litigation) to ensure that our overall goals are aligned at every step of the process.  We are even available to make hospital and house appointments, if doing so will be more convenient for you.

Have you been injured in a car accident, or in any other accident that was caused by the fault of another?  Call (602) 535-1900 to setup an appointment with an experienced Phoenix car accident attorney here at Hirsch & Lyon.  We take a lower contingency fee than competitor firms, so when you obtain compensation for your injuries, you’ll be able to keep more of it for yourself.

If you’ve suffered an injury in an accident that was caused by someone who has a cognitive disability, or who is otherwise mentally incompetent, then you’re likely wondering about the likelihood of recovery should you choose to pursue litigation against the defendant.  In the state of Arizona, much like the rest of the country, personal injury lawsuits brought on the basis of negligence (i.e., that the defendant acted in such a way that they violated the standard of care for the situation) are rather complicated when it comes to those who have cognitive impairments.

Negligence Liability is Based on the Objective, Reasonable Person Standard

Negligence claims — in the injury context — are fundamentally based on the concept of a standard of care.  Simply put, the difference between a mistake and negligence (for which the defendant will be held liable) turns on the standard of care.  If the defendant acts in such a way that it violates the standard of care, they will be found negligent, and may therefore be sued by the injury victim for damages.  If the defendant makes a mistake, but their actions do not violate the standard of care, then you cannot hold them liable for your injuries.

The standard of care in any given situation is meant to be based on an objective, “reasonable person” standard.  Essentially, the court will determine how a reasonably prudent person would have acted in the same situation as the defendant.  If the defendant’s actions fall out-of-step with this expectation, then they have violated the standard of care.

For example, in a car accident, if the defendant ran a red light at high-speed, the court is likely to find that the defendant violated the standard of care.  A reasonably prudent person under such circumstances would not have run the red light (absent some other life-threatening circumstance).

Historically, in Arizona and throughout the country, mental illnesses and cognitive disabilities have not changed this objective standard of care.  This is important.  In many other situations, the defendant’s condition may influence their liability under a theory of negligence.  For example, if a defendant is deaf, then they may be held to a different standard of care when operating a vehicle.

For the most part, then, if you are involved in an accident due to the negligence of a person who is suffering from a cognitive disability or a mental illness, they cannot use their mental condition to avoid liability.  Assuming that you can show that they violated the standard of care and that you suffered injuries as a result, you can recover damages.

Defendants May Only Escape Liability When Mental Illness Absolves All Responsibility

It is worth noting that Arizona carves out a limited exception where a defendant can avoid liability if their mental illness/cognitive disability is so severe that it absolves them of all responsibility for their actions — this is extremely rare, however.  For example, even a schizophrenic might be capable of modulating their speed effectively in a pedestrian-dense area.  On the other hand, someone with a cognitive defect so severe that they are incapable of processing the presence of pedestrians, or that they must avoid a collision in the first place, could argue that they should not be held liable.

Speak With an Experienced Phoenix Car Accident Attorney for Further Guidance

If you have been injured in a car accident, or some other accident that came about as a result of the defendant’s negligent actions, then you may have the right to recover damages in accordance with Arizona law.  Litigating a claim against the defendant can appear misleadingly simple, at first, but can become rather complicated as further investigation of the facts reveal a multi-layered case.

Here at Hirsch & Lyon, our attorneys are no stranger to complex personal injury litigation.  We have decades of experience advocating on behalf of injury victims, assisting them throughout the litigation process, and helping to secure substantial damages to compensate them for their injuries.  We are a client-oriented firm, and as such, we are available at all times to discuss their questions and concerns.  We work on a lower contingency fee than most other firms, so you only pay if you successfully obtain compensation, and most importantly, you get to keep more of it!

Call (602) 535-1900 today to schedule a free consultation with an experienced Phoenix car accident attorney here at Hirsch & Lyon.  In these initial stages of the attorney-client relationship, we will begin with a careful evaluation of your claims and will help you take the next steps towards recovery.

In Arizona, and elsewhere, auto mechanics can be held liable for injuries that are caused due to their negligent, reckless, or intentional misconduct in handling your vehicle while it’s “in the shop.”  The strong possibility of auto mechanic liability in a motor vehicle accident scenario can come as something of a surprise to those who are not aware of how fault can be distributed to multiple defendants.

Auto mechanics must act with reasonable care while your vehicle (or the defendant-driver’s vehicle) is in their possession.  Failure to adhere to the standard of care, given the circumstances, could result in the attachment of liability.

Standard of Care

The standard of care in any given situation is influenced by a number of factors.  The duty of reasonable care is not universal.  This applies to auto mechanics as well.  The standard of care will be influenced by factors that include, but are not necessarily limited, to:

• Training and experience of the mechanic
• Nature of the defect requiring repair
• Obviousness of the defect
• Cost and expectations relating to the repair
• Whether the owner/driver has been notified as to discovered defects
• And more

For example, an auto mechanic who is conducting an inspection on a vehicle that has a non-obvious, extremely rare defect would not necessarily be negligent for failing to discover said defect.  An auto mechanic who fails to identify faulty brakes, on the other hand, would likely be found negligent for failing to do so.

How Liability Falls on the Mechanic

Auto mechanic liability is rather useful for all parties (except the mechanic, of course) involved in litigation.  If you are the injured victim in a motor vehicle accident, then being able to sue the mechanic for failing to properly inspect or repair the vehicle at-issue can give you access to substantial financial resources and insurance coverage that the driver may not have.  On the other hand, if you are the defendant-driver in a motor vehicle accident, but your car was simply unresponsive or defective at the time of the accident, then you can shift liability to the mechanic who actually is responsible for the defect.

Auto mechanics may be found liable for a broad range of actions that include, but are not necessarily limited, to:

• Failing to notify the owner/driver as to inherent dangers
• Failing to properly inspect the vehicle to discover defects
• Failing to repair discovered defects (or notify the owner/driver)
• Performing work that was not authorized by the owner/driver
• Modifying the vehicle in a way that creates a heightened risk of injury
• And more

Contact an Experienced Phoenix Car Accident Lawyer Today

If you have suffered injuries in a motor vehicle accident in Arizona, you may not only be entitled to litigate injury claims against the defendant-driver, but you may also be entitled to litigate injury claims against the auto mechanic, assuming that the circumstances demonstrate that the mechanic significantly contributed the the accident.  Get in touch with an experienced Arizona motor vehicle accident attorney here at Hirsch & Lyon for further guidance on how to move forward with your lawsuit.

Call (602) 535-1900 today to speak with an experienced Phoenix car accident lawyer.

Uninsured and underinsured motorists pose a serious risk to others on the road — drivers, passengers, pedestrians, cyclists, etc. — as their injured victims may, in many cases, be left without adequate financial recourse for obtaining a full recovery.  Perhaps more concerning are the statistics.  It is not at all uncommon to encounter an uninsured or underinsured motorist on the roads.  According to a 2015 study conducted by the Insurance Information Institute, 12 percent of Arizona drivers are uninsured, and many more are likely to have minimal insurance coverage (the state of Arizona only requires minimum liability insurance coverage of $15,000 per person) that is inadequate for accidents resulting in serious injuries.

If you have been injured by an uninsured or underinsured motorist, you may be concerned that the defendant-driver does not have the resources necessary to adequately cover your damages.  Depending on the particular circumstances of your case, however, you may have alternative avenues for recovery that are worth considering.  Consult with an experienced Arizona motor vehicle accident attorney as soon as possible for further guidance on how to pursue a claim against an uninsured or underinsured motorist.

When the defendant-driver lacks sufficient insurance coverage, then you — the plaintiff — are put in an unenviable position.  For example, if you have $250,000 in damages, but the defendant has only $30,000 in liability insurance, then you will have to look elsewhere to ensure that your damages are covered.

Consider the following strategies for securing a fuller, more adequate recovery.

Secure the Personal Assets of the Defendant

In the event that the defendant lacks sufficient insurance coverage (or lacks coverage altogether), you may be able to secure a lien against the personal assets belonging to the defendant-driver, or even against the earnings of the defendant.  Bear in mind, however, that in many cases, uninsured and underinsured motorists do not have significant personal assets on which to recover.  For example, a driver with substantial personal assets ($1 million or more) is unlikely to lack insurance or otherwise be underinsured with respect to liability coverage.

Engage Your UM/UIM Policy

Arizona does not have mandatory uninsured/underinsured motorist coverage (UM/UIM) for drivers, though it is highly encouraged.  If you have UM/UIM coverage, then you may be able to file a first-party insurance claim with your insurer for the damages you suffered as a consequence of the defendant’s negligent, reckless, or intentional conduct.

It’s important to note that — even if you have a sizable UM/UIM policy — your insurer is not your ally, and will almost certainly attempt to minimize their payout to the degree that it is possible to do so.  As such, it’s critical that you consult with a qualified attorney who can engage in discussions with your insurer and maximize your recovery.

Investigate Potential Co-Defendant Liability

One excellent strategy for recovering damages in cases where the defendant is uninsured or underinsured is to spread liability to other persons or entities.  Further investigation of the facts may reveal additional defendants.

For example, suppose that you are involved in an accident where the defendant-driver (who is an uninsured motorist) was speeding and lost control of their vehicle, thus leading to the collision with your vehicle.  Your damages are $100,000 in total.  After further investigation, you find that — though the defendant was negligent in the operation of their vehicle — the defendant’s vehicle malfunctioned at the time of the accident, and that this malfunction was caused by the negligence of the defendant’s auto mechanic.  Suppose that the mechanic is 50 percent liable for your injuries.  Even if you cannot recover anything from the uninsured motorist, you would, at the very least, be able to secure $50,000 in damages from the liable mechanic.

Contact us today to discuss your legal rights and options.

Those unfamiliar with or new to the process of litigation may not realize the importance of expert witnesses in helping to construct an effective claim.  Depending on the circumstances of the case, the testimony of an expert witness can substantially affect the outcome of the lawsuit itself.

What Makes an Expert Witness Different Than a Fact Witness?

An expert witness is a witness with specialized knowledge, training, or proficiency who is brought in to testify in the form of an opinion as to matters related to their specialty — for example, an expert witness (qualified orthopedic surgeon) might be retained to provide their opinion on the extent of damage caused by a botched orthopedic surgery, and to discuss the standard of care that would normally apply to a surgeon in the circumstances.

Critically, expert witnesses provide opinion testimony.  They do not offer direct, observational testimony as to the facts of the case.

By contrast, a factual witness is an individual who is brought in to testify as to the particular facts of the case, based on their personal knowledge and observation thereof.  For example, a factual witness who observed a car accident occurring at an intersection (in other words, an eyewitness) would testify as to the sequence of events and how it played out in front of them, to the best of their knowledge.  They would not be entitled to provide their opinion on case-related matters.

How Expert Testimony Helps

Expert testimony can be used in a variety of ways.  Consider the following non-exhaustive examples:

• Accident reconstruction experts may testify as to how the accident might have occurred given their assessment of the available evidence;
• Medical experts may testify as to the damages, the injuries, and other medically-related issues;
• Industry experts may testify as to the plaintiff’s potential earning capacity given their limited abilities following the accident;
• Product experts and engineering experts may testify as to product defects in a product liability case;
• And more

Undermining and Supporting the Credibility of an Expert

Both plaintiff and defendant will make use of expert witnesses.  As such, it’s important — strategically speaking — for each party to undermine the credibility of the experts retained by the other side, and to strengthen the credibility of the experts they themselves retain.  You may, for example, challenging the admissibility of an expert witness’s testimony, or alternatively, you could challenge the reliability of such testimony.

If you have been injured due to the fault of another (in a car, truck, or motorcycle accident), you may be entitled to receive compensation pursuant to Arizona law.  Successful litigation of your claim requires top-notch execution of a number of different aspects.  In litigating your claim, it’s therefore important to keep in mind the value of expert witnesses in providing testimony that supports your various assertions (and undermines those of the defendant).

Hirsch & Lyon is a personal injury firm based out of Phoenix, and our attorneys have over 65 years of combined experience representing clients throughout the state of Arizona.  Our firm offers a number of unique advantages to clients — we are focused on personal injury cases, and we also offer discounted contingency fees, ensuring that our clients keep a larger percentage cut of their damages after litigation has come to an end.

Call (602) 535-1900 to connect with a Phoenix accident lawyer here at Hirsch & Lyon.  Initial consultation is free, and we will take the time to assess your claims and help you determine the ideal path to recovery.

Airbags are critical to the safety of both drivers and passengers in the event of an accident (and in fact, some motorcycles even provide frontal airbags as an option when purchasing).  The introduction of airbags to American automotive culture has generally been considered a net positive, despite some hiccups along the way.  According to the National Highway Traffic Safety Administration (NHTSA), reported by the Insurance Institute for Highway Safety (IIHS), 44,869 lives have been saved by frontal airbags as of 2015, while 2,252 lives have been saved by side airbags as of 2012.

Though airbags are a safety device, the potential for injury caused by or exacerbated by a defective airbag is significant.  For maximum effectiveness, an airbag must deploy in a very particular manner during a very narrow window of time.  The NHTSA estimates that — in low speed crashes alone — there were 290 fatalities caused by frontal airbag deployment from 1990 to 2008.  Many of fatalities and serious injuries associated with frontal airbags during that period were due to the excessive force of airbag deployment, though there were (and continue to be) many other reasons for airbag-related injuries.

If you have been injured due to an airbag deploying in a hazardous manner, or perhaps because an airbag simply failed to deploy, then Arizona law may entitle you to compensation for your injuries pursuant to a defective product claim.  Product liability law in Arizona operates somewhat similarly to that of other states.  Let’s take a brief look at how it works.

Product Liability Fundamentals

In Arizona, as in many other states, those injured by a defective product — stated in simple terms, a product that is unreasonably dangerous to those who use the product in a foreseeable manner — are entitled to sue the manufacturer of the product (and, ostensibly, those in the chain of distribution) to recover damages.  Product liability in Arizona makes manufacturers strictly liable for the injuries caused by their defective products.  As a plaintiff, you do not have to prove that the manufacturer negligently created a defective product, such as a defective airbag that failed to deploy — you need only prove that the manufacturer created a defective product.

Proving that the manufacturer created and distributed a defective product is not a simple, straightforward matter.  Your attorney will have to show that the product was unreasonably dangerous given the circumstances.

A plaintiff may show that a product is defective through the consumer expectations test or the risk/benefit analysis test (each may be applicable or inapplicable in different circumstances).  In the consumer expectations test, if a product fails to perform as an ordinary consumer would reasonably expect it to perform, then the product would be deemed defective.  In the risk/benefit analysis test, if the injury risks resulting from a product’s design outweigh the benefits of the design, then the product would be deemed defective.

For example, in a defective airbag case involving an assertion of defective design, if it were revealed that the airbag manufacturer used cheaper materials to save 3% on their manufacturing costs, but this resulted in a 50% spike in fatal accidents, then the airbag would likely be deemed defective under a risk/benefit analysis test.

There are three major types of product liability claims in Arizona.

Design defect claims are brought on the basis that the design of the product exposes foreseeable users to an unreasonable risk of injury.

Manufacturing defect claims are generally limited to “batches” of a product.  A manufacturing defect claim might assert that, due to some mishap or mistake in the factory, the airbag at-issue was made with a defect that caused it to deploy with excessive force.

In a failure to warn claim, the plaintiff asserts that the product at-issue exposes users to an inherent risk of injury, and that the defendant failed to warn users of this inherent risk and provide instructions on how to avoid it.

Defective airbag claims can be incredibly difficult to litigate, not only due to the inherent complications of litigation involving a complex product (i.e., factual issues, the need to retain industry experts, etc.), but also because the defendant is often a corporate entity with significant financial and industry clout.  To maximize your chance of success, it’s important to work with a qualified Phoenix car accident lawyer who has experience litigating defective airbag claims and other product liability claims.  Call (602) 535-1900 to setup a free consultation with one of the experienced accident lawyers at Hirsch & Lyon today.

Car safety ratings have become a big deciding factor for most people when they buy a new car. The federal government produces safety ratings through the National Highway Transportation Safety Administration, the insurance industry’s Insurance Institute for Highway Safety (IIHS) has its 5-star safety scale, and various nonprofits like Consumer Reports and Informed for Life conduct their own safety tests or aggregate test results from other sources.

But even with the increased focus on vehicle safety, nearly 40,000 Americans die in car accidents each year and the insurance industry estimates that the annual number of car accident injuries exceeds 2 million.

The list of most dangerous car models depends on who you ask. Our Phoenix accident lawyer has found these lowest-ranked vehicles listed in various sources:

IIHS List of Vehicles with Highest Death Rates (2014 model year and equivalent models 2012-15)

1. Hyundai Accent Sedan
2. Kia Rio Sedan
3. Scion tC
4. Chevrolet Spark
5. Nissan Versa
6. Ford Fiesta Sedan
7. Kia Soul
8. Dodge Challenger
9. Nissan Titan Crew Cab short bed (4WD)
10. Ford Focus Sedan

IIHS List of Vehicles Generating Most Personal Injury Claims (Model Years 2013-15)

1. Mitsubishi Mirage
2. Mitsubishi Lancer 2WD
3. Nissan Versa
4. Kia Forte
5. Dodge Charger 2WD
6. Chrysler 200 2WD
7. Hyundai Accent
8. Chevrolet Sonic
9. Kia Rio
10. Mitsubishi Outlander Sport 4dr 2WD

IIHS List of Vehicles Generating Most Medical Payment Claims (Model Years 2013-15)

1. Mitsubishi Mirage
2. Mitsubishi Lancer 2WD
3. Nissan Versa
4. Chevrolet Sonic
5. Chrysler 200 2WD
6. Chevrolet Spark
7. Kia Forte
8. Nissan Sentra
9. Hyundai Accent
10. Dodge Charger 2WD

IIHS List of Vehicles Generating Most Bodily Injury Claims (Model Years 2013-15)

1. Mitsubishi Lancer
2. Kia Rio
3. Mitsubishi Mirage
4. Chevrolet Sonic
5. Dodge Charger 2WD
6. Chevrolet Impala Limited
7. Chevrolet Cruze
8. Chrysler 200 2WD
9. Kia Optima hybrid
10. Hyundai Accent

Informed for Life List of Least Safe Vehicles for Model Year 2017 (alphabetical order by Make)

1. Cadillac Escalade
2. Chevrolet (Camaro, Colorado, Express Passenger Van, Silverado, Suburban, Tahoe)
3. Dodge (Durango, Grand Caravan, Journey)
4. Fiat 500
5. Ford (Expedition, Transit)
6. GMC (Canyon, Savana, Sierra, Yukon Denali, Yukon)
7. Honda (Civic, Fit)
8. Hyundai (Accent, Veloster)
9. Jeep (Compass, Grand Cherokee, Patriot, Renegade, Wrangler)
10. Kia Rio
11. Lincoln Navigator
12. Mini Hardtop
13. Mitsubishi
14. Nissan (Frontier, Juke, NV3500, Versa)
15. Ram (1500, 2500)
16. Toyota (4Runner, Prius, Tundra, Yaris)
17. Volkswagen Tiguan

List of Top 5 Worst Safety Picks (based on NHTSA and IIHS Data for Model Year 2016)

1. Jeep Wrangler
2. Mitsubishi I-MiEV
3. Kia Rio
4. Hyundai Accent
5. Jeep Patriot

Of course, depending on the circumstances of the accident, injuries can occur any car, SUV or truck.  If you’ve been injured in a vehicle accident, an experienced Phoenix accident lawyer at Hirsch & Lyon can get you the compensation you deserve for your losses. Call any of our offices to schedule a free consultation.

Phoenix Automobile Accident Lawyers Explain How to Communicate with the Other Driver

A car accident is an inherently upsetting experience. It is usually sudden, surprising, loud and scary. Your vehicle has sustained some sort of damage and you may be injured – even if you initially don’t think you are.

But if you do your best to remain calm and rational, you can have a civil, constructive conversation with the other driver and avoid making an already bad incident even worse with poorly chosen words and actions that can lead to a protracted battle with the insurance companies (yours and the other driver’s).

So, in the immediate aftermath of a car accident, how should you deal with the other driver?

Keep Conversation to a Minimum

Try to speak with the other driver only to the extent necessary. People often react to an awkward social situation by filling the silence with idle chatter. But the last thing you want to do is mistakenly admit that the accident was your fault or minimize your injuries or the damage to your car.

Simply put: After asking if everyone is okay, any Phoenix car accident lawyer will tell you that your best course of action is to say as little as possible.

Don’t Argue and Don’t Apologize

Don’t argue with the other driver about who was at fault. If the other driver caused the accident, you may be mad and want to yell, but a calm demeanor will keep you from saying something at the scene that can damage your legal rights. Rather than making accusations, let the police and insurance companies figure out who was at fault based on the descriptions of the incident (from you and the other driver) and the evidence at the scene.

Resist the temptation to apologize at the accident scene even if you think you were at fault or made a driving mistake. Some things you shouldn’t say include: “I’m fine,” “It was my fault,” “I’m sorry,” “I didn’t see you,” “It (meaning the car) doesn’t look too bad,” “It’s just a small dent/scratch,” and/or “I don’t think any of us were injured.”

Don’t Answer Questions and Don’t Make Up Facts

Try not to answer questions from the other driver that could affect how the insurance companies or the police figure out what happened (save your answers for them). Just respond with, “I don’t know” or “Let’s wait for the police to get here” if the other driver asks questions like “How fast were you going?”, “Didn’t you see me?”, and/or “Did the wet road make your car skid?”

No matter who you may be speaking with about the accident (the other driver, the police, the insurance companies), it is crucial not to offer estimates or opinions if you don’t have facts to back them up. If you are truly unsure of something about the accident, don’t make up answers or create facts. “I don’t know” is an acceptable response.

Take Photos While Waiting for the Police to Arrive

Instead of speaking to the other driver (which can be risky), use the time before the police arrive to take photos of the accident scene. You’ll want photos from different angles showing the damage to both cars and photos of the road or intersection where the accident occurred.

Exchange Only Necessary Information

You need the other driver’s insurance information so that you can make sure the accident gets reported, especially if the other driver was at fault. Although the driver causing the accident has the legal obligation to report it, you should always contact the other driver’s insurance company even if the other driver claims hey has already done so.

The exchange of insurance and other personal information is one of the few reasons to speak to the other driver after an accident. You need the information to:

• Give an accurate report to the police; and
• File an insurance claim.

You need the following information:

• Other driver’s full name
• Full names of the passengers in the other driver’s car
• Name of the other driver’s auto insurance company, the policy number and the policyholder’s name (if different from the driver)
• Phone number of the other driver’s insurance company

Don’t Try to Cut a Deal

Don’t agree with the other driver that the accident won’t be reported to the insurance companies and that you’ll directly negotiate a settlement without filing insurance claims. Not only is such an agreement unenforceable (the other driver can always report the accident notwithstanding your “deal”) but your insurance company will deny coverage if it finds out about the concealed accident.

Contact Our Phoenix Automobile Accident Lawyers

Dealing with insurance companies after a car accident can be frustrating and difficult – especially if you’ve been injured. An experienced Phoenix car accident lawyer at Hirsch & Lyon can help you get the compensation you deserve for your injuries. Call any of our offices to schedule a free consultation.

Car accidents are inherently stressful. After an accident — even a minor one — you’re probably shaken up, you might be injured, and you may be angry at yourself or the other driver (or both). So, what should you do if you’re involved in an accident?

Focus on Your Safety

You first need to ensure the safety of yourself and your passengers. If your car is movable, drive onto the road’s shoulder and out of the way of moving traffic. If your car is disabled, you and your passengers should exit your vehicle and move away from the road. If you or any passengers are injured, call 911 for an ambulance. If any of the injuries are serious, use your judgment about the safety of moving anyone — it may make sense to remain in the car and wait for first responders.

Choose Your Words Carefully

What you say to the other driver, the police and your insurance company can be used against you when you file an insurance claim or seek compensation for injuries. Don’t argue with the other driver about who was at fault — let the police and insurance companies sort that out. Try not to apologize to anyone or say that the accident was your fault — just give a neutral, truthful version of facts of the accident to the police and insurance company without admitting that you were careless or negligent.

Don’t tell anyone you’re weren’t injured in the accident — injuries can take time to reveal themselves. Don’t try to negotiate a deal with the other driver that involves not reporting the accident to the police or your insurance companies.

Call the Police

You should call the police about your accident even if it was a minor fender bender. Although Arizona law only requires reporting an accident if it results in injury or death:

• Your insurance company will want an official police report when you file your claim so that it has a record of the vehicles and drivers involved, a list of passengers, and a neutral description of the accident.
• A police report can protect you from fraud — a driver who doesn’t want to call the police may be trying to use the accident to commit insurance fraud.
• The police report may be a more reliable version of the facts than your memory when you file an insurance or legal claim.

Honestly tell the police about the circumstances of the accident as you understand them at the time. If you’re not sure about something, don’t create facts — tell the police that you don’t know. Get a copy of the report (payment of a small fee is sometimes required) and use your cell phone to write down the names and badge numbers of the police officers on the scene.

Exchange Information

Exchange the following information with the other driver (cell phones are good for this):

• Driver’s name (and the name on the car’s registration card if different
• Home address, phone number and email address
• Driver’s license number
• Insurance company and policy number

Take Photos

Use your cell phone to take photos of:

• All of the vehicles involved and their damage
• Any vehicle parts and other accident-related debris on the ground
• Skid marks
• The accident scene — street, intersection, parking lot or other location.
• Any injuries

For more helpful hints about documenting an accident scene, see our blog on the topic.

Report the Accident to Your Insurance Company

Whether or not you’re at fault, file a claim with YOUR insurance company as soon as possible after the accident. The insurer will tell you how to send all of the accident information you’ve gathered.

If the accident only caused vehicle damage, your dealings with the insurance company can be pretty simple. The adjuster will determine the damage to your car after which you’ll schedule repairs and pay your deductible. The insurance companies will reach a financial settlement between themselves once they determine the extent to which each driver was at fault.

But if you or your passengers were injured in the accident, things quickly get much more complicated since you’ll be dealing with multiple insurance companies and their attorneys and doctors.

Contact a Lawyer

If you’ve been injured in a car accident, an experienced Phoenix car accident lawyer like Jack Hirsch or Greg Lyon can deal with the insurance companies and their doctors and lawyers so that you don’t have to. If a lawsuit needs to be filed to fully protect your rights, Hirsch & Lyon can handle that too. Contact us today to arrange for a free consultation.

Any car, truck or motorcycle accident (even a minor one) is a stressful experience. But once you’ve made sure that no one has been injured and shared some basic information with the other driver, you should do your best to document the accident scene by taking photos either with a camera or even a cell phone.

Why Take Photos?

Photos will preserve evidence of the crash before anyone has moved the vehicles or cleared the debris (broken glass, broken car parts, etc.)  This can help the insurance companies (yours and the other driver’s) determine what happened and who was at fault. If you’ve been injured in the crash, the photos will enable your car accident attorney to reconstruct the facts of the accident in any legal claim and refresh your memory when you need to give testimony about the incident in a deposition, court hearing or trial.

Documenting the Scene

First, make sure that the date/time tagging function is enabled on your camera.

Then, start taking the photos by concentrating on the following:

• Your vehicle and its damage
• The other vehicles involved and their damage
• Vehicle parts and other debris on the ground
• Skid marks
• The intersection, parking lot or other location of the accident
• Traffic lights and signs at the scene
• Any damage sustained by stationary objects at the scene – guardrails, signs, trees, etc.
• Any visible injuries sustained by you or other drivers/passengers (but obviously only to the extent they consent to your taking such photos)
• Weather conditions

Do not wait for the police to arrive to begin taking photographs. The police often start clearing the scene of vehicles and debris immediately to avoid traffic problems. You want to preserve the accident scene before it has been tampered with.

Other Photo Tips

You’ll want to take multiple photos of each item from different angles and distances (3 shots of each from different perspectives should suffice). Make sure that sun glare or other lighting conditions aren’t distorting or concealing the details in your photos. You may need to experiment with different flash levels to capture the detail you need – especially at night.

Wide-angle shots of the vehicles and the location can be helpful to document distances and scale. A single landmark appearing in the background of multiple photos can also assist the insurance companies and your lawyer when they try to reconstruct the vehicles’ likely trajectories and final positions.

Hirsch & Lyon Accident Law Can Help

Engaging an experienced Phoenix car accident lawyer to help you sort through the aftermath of a car accident – your injuries and the damage to your vehicle – will put you in a better position to deal with the insurance companies and other drivers involved. Hirsch & Lyon Accident Law can also maximize your compensation for those damages. Call any of our offices to arrange for a free consultation.

If you’ve been involved in a car, truck or motorcycle accident, the insurance policies carried by you and the other driver are two potential sources of compensation for your injuries and vehicle damage. But the insurance companies have financial incentives not to make the claims process easy or fast.

Why You Need Insurance Company Cooperation

After an accident, you’ll want assistance and cooperation from the insurance companies right away.

• You may have injuries that require immediate treatment (which means you need money to pay medical bills).
• You may be losing wages because injuries prevent you from working (which means you need money to pay your normal household expenses).
• You need to get your car or motorcycle fixed (which means you need help paying mechanics and a body shop).

Why Insurance Companies Don’t Want to Cooperate

But the insurance adjusters don’t work for you – they work for the insurance companies. And their goal isn’t to quickly provide you with the maximum amount of compensation. The adjuster’s job is to save his insurance company money by:

• Minimizing the amounts paid to you; and
• Delaying those payments as long as he can.

The easiest way for an insurance company to achieve these two goals is by giving you the runaround.

What Does Insurance Company Runaround Look Like?

Insurance company runaround can take many forms but the classic signs include:

• Not answering or returning your phone calls
• Taking a long time to provide you with basic information or required forms
• Repeatedly asking for the same information or facts about the accident
• Asking to record a statement from you about the accident
• “Losing” forms and other information you’ve already provided
• Denying coverage for your claim or taking a long time to acknowledge the validity of your claim and entitlement to coverage
• Refusing to make advance payments for medical expenses and lost wages
• Making lowball settlement offers
• Not accurately informing you of your insurance coverage and your rights under the policy

How Can a Phoenix Accident Lawyer Help?

An experienced personal injury law firm like Hirsch & Lyon Accident Law can stop the runaround and quickly get your claims resolved and your compensation paid.

• We understand insurance policies. Policies are long, complicated legal documents. We can advise you about your rights under the policy and force the adjusters to comply with its terms.
• We handle the forms, phone calls and other paperwork. Policies require you to submit information in a timely manner to make a claim. Our staffers can organize everything you need, submit it to the adjuster and follow-up to speed the process along.
• We know the adjusters. We’ve worked with certain adjusters for years on hundreds of cases. These long-standing working relationships can make the claims process easier and quicker.
• We know what your claim is worth. We’ve handled thousands of claims and know the difference between a fair offer and a lowball offer. We’ll get you the compensation you deserve.
• We know when insurance companies are acting in bad faith. Certain insurance company behavior isn’t just annoying – it’s against the law. Our knowledge of Arizona’s bad faith law can prevent unethical insurance company conduct.

If you or someone you care about is getting the runaround from an insurance company after an accident, we encourage you to call an accident lawyer at Hirsch & Lyon Accident Law immediately. Our firm offers free case evaluations and we will answer your call 24/7.  We are here to help you.