–Injury Lawyers

According to federal regulators, the number of accidents, injuries and fatalities involving large trucks continue to occur at historically high levels. In its April 2017 report summarizing crash statistics from 2015 (the most recent year available), the Federal Motor Carrier Safety Administration (FMCSA) concluded that:

• The number of large trucks involved in fatal crashes increased by 8 percent from 2014.
• The number of large trucks involved in injury crashes decreased by 1 percent from 2014 (but that small decrease followed a more than 60% increase from 2009 to 2014).
• The number of buses involved in fatal crashes increased by 11 percent from 2014.
• The number of vehicle miles traveled by large trucks was basically unchanged from 2014 to 2015.

Overall, large truck accidents cause about 4,000 fatalities and 100,000 injuries in the US on an annual basis.

As technology continues to improve passenger vehicle safety, why have large trucks become an increasing hazard on Phoenix highways and other US roads over the last decade?

Deregulation

Trucking industry experts point to various regulatory changes that could improve safety but Congress has consistently resisted imposing additional restrictions on the industry. Even worse, Congress has proposed rolling back some existing trucking company regulations and weakening FMCSA’s oversight abilities, such as:

• Increasing the maximum permitted workweek for truckers from 70 to 82 hours during every 8-day period.
• Discouraging FMCSA from investing in wireless technology to improve the monitoring of trucks and drivers.
• Permitting longer and heavier trucks on the road while lowering the minimum age of interstate truck drivers from 21 to 18.

Lack of Technology

Large trucks in Europe are more likely to include the kinds of safety features that have become standard in passenger vehicles – electronic stability control, anti-lock brakes, airbags and collision avoidance systems. Even though this technology is offered by the major truck manufacturers, the US trucking industry has generally not invested in those upgrades because of their cost.

Sleepy Drivers

Numerous studies have shown that truckers are more likely to suffer from obesity and sleep apnea than the general population. Sleep apnea interferes with normal sleep and leaves people with the condition chronically fatigued during the day. Even though FMCSA’s studies have concluded that trucker fatigue is one of the leading causes of large truck accidents, Congress has consistently slowed down any FMSCA efforts to impose mandatory apnea screening for truckers.

Compounding the apnea problem is the brutal schedule most truckers maintain to earn a living – often in violation of the weekly hour limits imposed by FMCSA. They routinely work overtime hours to earn more money and to make up “lost” miles from traffic and other delays. The trucking companies make things worse by asking drivers to comply with unrealistic delivery schedules.

If you or a family member has been injured in a truck accident, call a Phoenix truck accident attorney at Hirsch & Lyon for a free consultation. With offices throughout the Phoenix metro area, our lawyers can provide the representation you need to get the compensation you deserve.

In any personal injury claim or lawsuit, the plaintiff alleges that the defendant engaged in conduct or took actions (or failed to take actions) that caused injuries and other damages to the plaintiff. The defendant’s conduct is usually characterized in the litigation as negligent, careless, reckless or illegal.

The goal of the lawsuit is to obtain compensation for the plaintiff — a monetary award or settlement — so that she is “made whole” for those damages. The damages claimed in a lawsuit can be economic (for example, plaintiff was forced to incur medical expenses) and non-economic (plaintiff experienced pain and suffering).

The idea is that the damages should restore the plaintiff to her condition before the injuries took place — or at least appropriately compensate the plaintiff for the permanent changes to her life.

The exact mix of damages claimed in any lawsuit depends on the circumstances of the case, the types of injuries sustained and the relevant state law.

To ensure that you receive the most up-to-date information that is specific to your situation, we encourage you to contact a Phoenix personal injury lawyer at Hirsch & Lyon today. The following are the most common types of damages claimed in a personal injury case:

Medical Expenses

This form of damages compensates the plaintiff for the out-of-pocket doctor bills and other medical expenses (testing, treatment, therapy, hospital stays) that she has already incurred and those expenses the plaintiff will need to pay in the future because of the injuries.

If the plaintiff has been permanently impaired or disabled, the damages for future medical expenses can be significant.

Lost Wages/Income

Like medical expenses, damages for lost income are claimed for both past periods and the future. The plaintiff needs to be compensated for wages or income lost because she missed workdays due to the injuries and the medical treatments for those injuries. (If the plaintiff was required to use paid vacation or sick days because of the injuries, she deserves compensation for those too.)

If the plaintiff continues to be impaired or disabled because of the injuries, she is also entitled to damages for lost future earnings (the income she would have earned if the injuries hadn’t happened).

For example, if the plaintiff is completely unable to return to work or if her injuries forced her to take a lower salary job (or a less rigorous job or a part-time job) the plaintiff can seek compensation for the total lost income projected over her future working years.

Pain and Suffering/Emotional Distress

Damages for pain and suffering and those for emotional distress are examples of the non-economic damages typically demanded in a personal injury case. They are an effort to use money to compensate the plaintiff for non-monetary damages.

Pain and suffering damages are usually calculated in verdicts and settlements as some multiple of the economic damages. For example, if the damages for lost income and medical expenses total $200,000, the damages for pain and suffering might be pegged at 3 times the economic damages ($600,000).

Damages for emotional distress (sometimes called “mental anguish”) tend to be more variable in personal injury lawsuits and, unlike pain and suffering, are not assumed to exist in every injury case. To receive damages for emotional distress a plaintiff usually needs to present evidence of a psychiatric diagnosis like post-traumatic stress disorder.

Wrongful death

Damages for wrongful death are awarded to the family members of the injured victim if they file a claim following the victim’s death. In Arizona, wrongful death claims can be brought by the victim’s surviving spouse, children or parents, or by an executor or personal representative on behalf of the victim’s estate.

Wrongful death damages fall into 2 categories. The first compensates the victim’s estate for the damages the victim herself suffered, including:

• Funeral/burial expenses;
• Medical expenses;
• Lost future income;
• Repair/replacement costs for property damaged in the incident causing her death; and
• Pain and suffering endured before death.

The second category compensates family members for the damages they suffer from the victim’s untimely death, including:

• Lost value of household services the victim performed;
• Loss of care, companionship, and guidance; and
• Pain and suffering.

Loss of companionship/consortium

Loss of consortium damages compensate family members for the harm done to their day-to-day relationship with the victim because of the injuries sustained by the victim. Typically, a loss of consortium claim cannot be brought as an independent claim or lawsuit – a non-injured spouse, for example, joins the lawsuit brought by the injured spouse to seek such damages.

In some states, loss of consortium is specifically limited to damages claimed by a husband or wife for losing the ability to have an intimate physical relationship with the injured spouse. In Arizona, however, loss of consortium damages have been interpreted more broadly to include damages suffered by parents and children when the other is injured in an accident.

No limit on personal injury damages in Arizona

Although certain states have laws that place limits or caps on the damages a plaintiff can receive in a personal injury lawsuit, Article 2, Section 31 of the Arizona Constitution provides that no such law is permitted in Arizona.

If you or a family member has been injured in a car, truck or motorcycle accident, a Phoenix personal injury lawyer at Hirsch & Lyon can help you get the compensation you deserve. Call any of our offices to schedule a free consultation.

The goal of any personal injury lawsuit is to obtain compensation for the plaintiff — a monetary award or settlement — so that he or she is “made whole” for the damages caused by the injuries. Usually the plaintiff is the injured person, so the damages are those directly suffered by the plaintiff – for example, medical expenses paid by the injured person, pain and suffering endured by the injured person and income lost by the injured person.

But what happens if the injured person dies because of the accident caused by the defendant’s negligence or misconduct? In the absence of the injured person, who can file a lawsuit and for what damages?

A claim for wrongful death is the law’s answer to this problem. It allows the deceased victim’s estate and his or her family members to bring a lawsuit for the decedent’s damages AND the damages suffered by the family. Contact a skilled Phoenix injury lawyer if you need help with your case.

Who can claim damages?

In Arizona, wrongful death claims can be brought by the deceased victim’s surviving spouse, children or parents, and by an executor or personal representative on behalf of the victim’s estate.

What damages are recoverable?

Wrongful death damages can be thought of as falling into 2 categories. The first category compensates the decedent’s estate for the damages the victim suffered, including:

• Funeral/burial expenses;
• Medical expenses incurred prior to death;
• Income lost prior to death;
• Lost future income (based on the idea that the victim would have accumulated more assets and left a larger estate if he or she had survived);
• Property damaged in the incident causing his or her death (if the incident were a car accident, for example, the damaged property would be a vehicle); and
• Pain and suffering endured before death.

The second category compensates family members for the damages THEY suffer from the victim’s untimely death, including:

• The lost value of household services the victim performed;
• The loss of care, companionship, and guidance; and
• Pain and suffering (grief, sorrow, shock).

If the family members paid for all or some of the victim’s expenses arising from the accident (medical bills, funeral expenses), claims for those damages would be brought by the family members, not the estate.

What about punitive damages?

Punitive damages are designed to punish the defendant for particularly egregious actions and to deter others from committing similar misconduct. They can be awarded in a wrongful death case without regard to the economic damages claimed by the plaintiffs, but the standard for obtaining punitive damages under Arizona law is strict.

As a general rule, the defendant’s conduct must be outrageous and reckless to support a claim for punitive damages. In other words, the defendant’s behavior must be worse than mere carelessness or inattention. Actions that seem more conscious or intentional are more likely to meet the test for punitive damages — like driving a car when you know the brakes are defective or repeatedly driving when severely intoxicated.

Are there caps or limits on damages?

Some states have laws that place limits or caps on the damages a plaintiff can receive in a personal injury lawsuit, but Article 2, Section 31 of the Arizona Constitution provides that no such law is permitted in Arizona.

If a family member has died because of a car, truck or motorcycle accident in Phoenix or elsewhere in the state, an injury lawyer at Hirsch & Lyon can help you get the compensation you deserve. Call any of our offices to schedule a free consultation.

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.

If you are the plaintiff in a personal injury case, you will eventually be asked to testify in a deposition taken by opposing counsel. Depositions are part of the discovery process that parties to a lawsuit conduct before trial to learn about the facts, legal theories and claims of the other parties.

A deposition typically takes place in a law firm conference room and consists of a witness (you) being asked questions under oath by opposing counsel (i.e. the lawyers for the parties you have sued).

Your lawyer will attend the deposition for the purpose of protecting you from unfair, misleading, unclear or irrelevant questions (your lawyer will object to those questions). Your lawyer will also ask you some questions to correct, expand upon or clarify the answers you’ve given to opposing counsel.

All of the questions and answers in a deposition are transcribed by a court reporter and the transcript becomes part of the discovery material produced by the parties before trial.

So, what do you need to know before testifying at a deposition?

Why are depositions taken?

1. Depositions can be used to impeach your credibility at trial so it is important to relay the same facts and give the same answers that you intend to give at the trial in your case. If you change your story at trial, the inconsistencies with your pretrial deposition will be used against you.
2. A deposition is not your opportunity to tell “your story.” You are there to answer the questions asked by opposing counsel and not to create your own narrative about the incident that caused your injuries. The deposition is opposing counsel’s show – not yours.
3. Opposing counsel will have 3 goals in the deposition:
   • To find out what facts you know in connection with your legal claims (I.e. what you will say at trial).
   • To pin you down to a specific version of the facts so that you have less room to alter your story at trial.
   • To catch you in lies or inconsistencies in your version of the facts.

How can you be a good witness at your deposition?

1. Tell the truth. You are under oath to tell the truth in a deposition just like you would be in court. It is crucial that your testimony be completely truthful. If you give inaccurate testimony – whether intentionally or not – you can hurt your case.
2. Prepare for it. Review the documents in your case – your written discovery responses, your medical records and any other documents your lawyer asks to read. Think about what answers you will give to some of the likely questions and ask your lawyer to explain the legal claims in your case.
3. Make a good impression. You want opposing counsel to conclude that you are a likeable, credible witness (and therefore dangerous for his client at trial). Be polite and cooperative and not angry, annoyed and argumentative.
4. Listen Before Speaking. Listen carefully to opposing counsel’s entire question and understand it before you answer. Ask the lawyer to repeat or rephrase a question if you don’t understand it.
5. Don’t volunteer information. Answer only the question that is asked by opposing counsel – don’t relay facts or other information that have not been requested.
6. Keep the Transcript in Mind. The court reporter is trying to write everything down. Don’t talk over opposing counsel – wait until the whole question is asked before you answer. Answer all of the questions with words – don’t shake your head or nod and be sure to clearly say “Yes” or “No” (don’t mumble).
7. Let Your Lawyer Speak. If your lawyer begins to speak, stop talking and let your lawyer resolve his comment or objection with opposing counsel before you continue.
8. Don’t make up facts. You don’t need to have an answer to every question. If you don’t know or remember something, it is completely acceptable to say “I don’t know” or “I don’t remember.” Don’t guess or make up an answer.
9. Read documents before testifying about them. If you are asked to answer questions about a document (a police report, medical records, tax return, etc.), read and understand it before you start answering questions about it.
10. Correct or supplement your answers. If you realize you made in a mistake in answering a question or you need to add information to clarify an answer, tell your lawyer so that he can correct or supplement your testimony.

Depositions in a personal injury lawsuit can be complicated and tricky. If you’ve been injured in a vehicle accident, an experienced Phoenix personal injury attorney lawyer at Hirsch & Lyon can provide the representation you need for your claim. 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.

Injured? Why You Shouldn’t be Afraid of Litigating Your Case

If you have been injured in a car, motorcycle or truck accident, it is important to recognize that insurance companies have become very sophisticated in handling claims and managing accident victims. These companies know that many accident victims are ill-prepared for the financial hardships that can arise when an injury interrupts their income stream. The insurance adjusters responsible for handling accident claims are specifically trained to ask questions about your background to uncover any potential financial hardships. If they find out that you are hurting financially, you are not likely to get their best offer. Put simply, the adjusters are like sharks who detect blood of the wounded in the ocean – they go in for the kill.

Insurance Companies Know that Litigating a Case Can Cost Serious $$

In our 60+ years of combined practice, we have found that insurance companies reserve their best offers for cases that go into litigation. Oftentimes when a lawsuit has been filed, the insurance company will change the adjusters handling the claim. They will call in their “suit negotiators,” who are generally given additional money and authority to settle the claim.

The insurance companies know that the longer the case is in litigation, the more it will cost them to administer the claim. Although your Phoenix injury lawyer at Hirsch & Lyon Accident Law P.L.L.C. works on a contingency fee basis (no fees unless we recover compensation for you), the attorneys working for the insurance companies do not. This means that the more work these lawyers perform on a case, the greater the attorney’s fees for the insurance company.

Taking a Case to Litigation Can Result in Greater Compensation for You

More than 94% of the time, the cases that Greg Lyon has placed into litigation resulted in outcomes that beat the insurance company’s highest offer. Even though litigation can take longer, the results we obtain for our clients are well worth it.

Discuss Your Accident Claim with a Phoenix Injury Lawyer at Our Firm

If you have been seriously injured in a car, truck or motorcycle accident, you should not give up hope. The attorneys at Hirsch & Lyon Accident Law have decades of experience handling these types of cases and can help you attain the financial compensation you deserve. When you schedule a free case review with our firm, we will evaluate your accident to determine the best legal path available to you. Our sole focus is to help you collect the money you need to deal with your injuries and get your life back on track.

Call us today at 602-535-1900 to schedule your free consultation. Our firm answers the phone 24/7/365, and in most cases, we can schedule a consultation within two hours of your call.