Car Accidents
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The Husband & Wife Law Team Is Here to Help After a Car Accident
You may have a lot on your mind if you or someone you love has been involved in a car collision, and the thought of filing a personal injury claim may seem like it would only add more stress to an already stressful situation. But it’s important to find the right Phoenix car accident lawyer right away before you accept any offers from an insurance agent.
Insurance companies are in business to make money, and they do this by paying out as little as possible in claims. Your personal injury attorney will help you get a fair settlement that will cover the cost of your medical expenses, lost wages, property damage, and more.
To learn more about your legal rights and options as an Arizona accident victim, contact our top car accident lawyers at The Husband & Wife Law Team. Contact us today.
Who Is Responsible for a Phoenix Car Crash?
You know who caused your traffic accident, but in order to have a legitimate claim for financial reimbursement, it will be necessary to prove that another party's actions were wrongful or negligent. A number of factors can be used to indicate if another party failed to uphold their duty of care, including:
The driver was fatigued: Fatigued driving has been compared to driving drunk in recent years, because it is a serious form of impairment. A motor vehicle in the hands of a fatigued driver can become a lethal weapon.
The driver was distracted: Distracted driving can be as simple as changing the radio station or taking your eyes off the road to look at a sign. Many people don't realize that this small distraction can alter your life… or end the life of another. Eating, drinking, grooming, having conversations, talking on your cell phone, and texting can all lead to collisions.
The driver didn't follow the courtesy rules or laws of the road: Changing lanes without signaling, speeding, cutting off other drivers, and tailgating are all negligent actions that can, and often do, lead to serious accidents resulting in injury and death.
The driver was going too fast: A driver doesn't have to exceed the speed limit to be held accountable for a fatal crash. He or she only has to drive at a speed unsafe for the traffic and weather conditions.
The driver was drunk: Motorists who operate vehicles under the influence of alcohol and/or drugs are at higher risk for causing a fatal crash.
The driver was reckless: Many fatal collisions happen at intersections after drivers fail to obey traffic control devices, such as red lights and stop signs.
Third-party negligence: Hazardous road conditions and defective car parts are two ways in which third parties are often found responsible for the conditions leading to a collision. Like drivers, they should be held accountable for negligence.
To support your claim, it is crucial to gather as much evidence as possible. An experienced traffic accident lawyer can be an invaluable asset during this process. The Husband & Wife Law Team has the experience and resources to handle a thorough accident investigation on your behalf. We work closely with forensic investigators, accident reconstruction specialists, and other experts in the field in order to build a strong case against the negligent party.
The Dangers of Arizona’s Intersections
There is a lot happening in any intersection. Some vehicles are moving straight through, some are making right-hand turns, and others are crossing to make left-hand turns. Add to this scenario bicyclists and pedestrians, and it increases the chances of something going wrong.
According to the National Highway Traffic Safety Administration (NHTSA), almost every accident that happens at an intersection is due to some form of human error. Some of the most common causes of intersection accidents are:
Failing to look around for other vehicles
Incorrectly assuming what one vehicle is going to do
Turning without a clear view
Illegal driving actions, such as making a U-turn
Distracted driving
Misjudging the amount of space between vehicles
Misjudging the speed another vehicle is traveling
A study by the National Coalition for Safer Roads recently stated that red-light accidents are some of the deadliest in the country. These accidents occur when one driver runs a red light through an intersection into another vehicle traveling in the opposite direction. This often results in a T-bone collision. Arizona was one of the states identified in the study as having the most red-light accidents.
The Value of a Car Accident Claim in Arizona
Ultimately, the goal of a personal injury claim is to provide the injured victim with sufficient financial support to cover the resulting losses from an accident. Unfortunately, many traffic collisions have tragic and long-lasting consequences. For example, a serious crash can leave survivors with serious injuries, such as whiplash, brain damage, the loss of a limb, or paralysis that will have a dramatic effect on his or her quality of life. If another party is responsible for such damages, it is only fair that they are held accountable.
Types of damages that you can ask for include:
Medical Expenses: Past, current, and/or future medical treatment, surgery, assistive devices, or therapy.
Income: Lost current and/or future wages, loss of earning ability.
Pain and Suffering: Physical pain and discomfort, emotional or psychological anguish.
Loss of Joy of Life
Wrongful Death
Wrongful Death and Car Accident Claims
A wrongful death in a car accident occurs when a life is lost due to the negligence, recklessness, or wrongdoing of another party. Sadly, fatal crashes are common in Phoenix. The Arizona Department of Transportation reports there were 35,802 Phoenix car accidents in the year 2014, resulting in 176 fatalities. Seventy-one of those fatal crashes were found to be alcohol-related.
We often think that only the people who die in vehicle accidents (or those who are injured) are negatively impacted. But if you are the loved one left behind after an accidental death, you'll likely experience a great deal of pain, grief, disbelief, anguish, and financial loss.
Why an Attorney Can Help After the Death of a Loved One
When you've lost a loved one in an accident, you’ll likely find yourself looking for answers as to what happened and why; and whether or not the accident could have been prevented. In most cases, the car crash could have been avoided.
While no amount of compensation can bring back a loved one, you should be able to grieve without having to worry about medical bills, burial costs, future income, retirement, etc. An experienced wrongful death attorney can help you recover the losses a deadly traffic accident has cost you. For a free evaluation of your case, reach out to The Husband & Wife Law Team..
Car Accident Review
“I was so scared of the whole process - this was the first time we've hired an attorney. I really appreciated the way they treated us and put us at ease. Communication was key. I always knew what was happening.... Deepest Gratitude.”- Laurie Slusser
Frequently Asked Questions
What should I do immediately after an accident?
Seek medical care first and foremost. Even if you feel generally intact and able to walk away, soft tissue injuries, such as whiplash, can worsen significantly in the hours and days ahead. You may also be in shock, which can briefly mask the pain of a grave injury. If you are able, however, try to collect all the information you can from people at the scene, including other drivers, passengers, and eyewitnesses. The data you collect should include insurance policies, driver's license numbers, and vehicle makes and models. Taking photographs of the scene can help tremendously as well, as can keeping copies of all police reports and medical records.
How much will it cost?
This is the good news. We work on a contingency basis, meaning you never pay a dime unless you win a settlement. If you win a settlement, our fees taken from your settlement.
The Husband & Wife Law Team has been at the forefront of Phoenix's personal injury attorney community since 1996, and today we offer a level of resources and preparation without peer in the region. If you have been injured in an auto collision and need incisive advice, please call or CLICK HERE to submit a Simple Case Form.
How do I handle my car-related issues after an accident?
First, it may not be your choice whether or not your car is repaired or replaced. People may want a good car fixed as opposed to replaced, or want a car that never ran well to be replaced instead of repaired. The reality is that state auto accident law leaves it up to the tortfeasor - the person who caused the crash or the insurance company - to make this decision. A good lawyer can be of help in getting the other insurance company to do what you prefer, but there is no guarantee. The reality is that most insurance companies set an internal limit as to how much they are willing to spend on repairing a vehicle before they simply replace it. Therefore, the value of the car versus the amount it will cost to repair that car will be the most important factor in determining whether the car is repaired or replaced.
How is the value of the vehicle determined? Many people believe they can rely on the Kelly Blue Book. The reality is state law says that the "market value" of a vehicle determines how much it is worth after a crash. Therefore, looking in the newspaper, online, or at another resource that shows similar cars listed for sale will establish the market value of any given vehicle. This is the primary resource that is used. In the industry, they refer to these vehicles as "comps": comparable vehicles and what they are selling for. If a car is replaced, the insurance company will not actually go out and buy a similar car, but will pay the "market value" of the vehicle to its owner.
Many people want to know what they should do if they are "upside down" on their vehicle. In other words, what happens to the person who owes more on his car than the car is worth? This is a very common occurrence. For instance, every time somebody buys a new car and drives that car off the lot, they are "upside down." In any event, it is unfortunate that Arizona law does not do as much as we believe it should to help those people out. The person who caused the collision is not responsible to fix this situation for the person who was injured, but is only required to pay the market value of the car. This can leave someone who is "upside down" in an unfair position. Finding the best personal injury lawyer in Phoenix may help. We can contact the company that made the original loan or try to increase the amount of the payoff from the insurance company.
Many people want to know if they can choose their own auto repair shop to get their vehicle fixed after a crash. In almost every case the answer to this is a resounding "yes." Far too often, insurance companies give people a list of automotive and body repair facilities that they can go to. The reality is, any reputable repair facility - dealership, local facility, or otherwise - is allowed to do the repairs on the vehicle.
If I need to get a rental car after a car accident in Phoenix, who has to pay for it?
The person who causes the crash - through their insurance company - is responsible for paying for a substitute vehicle during the time that the vehicle is being fixed. Or, if it takes a while for the insurance company to do a payoff on a vehicle that is a total loss, the insurer is supposed to supply a rental car during that time period.
If you or anyone you know has been involved in a collision and needs assistance getting a car fixed, replaced, or getting a car rental, please do not hesitate to give our Phoenix injury lawyers a call.
How may social media posts harm a car accident claim?
There are many factors that come into play in a car accident case. Testimonies, police reports, and traffic cameras are all used in court to argue cases. However, with the ever-expanding role of the Internet in everyday life, one element becoming increasingly intertwined with personal injury claims is the existence of social media.
After you have been in a car accident, it is vital that you remember that the insurance adjustor or the at-fault driver's attorney is watching everything you post. Your pictures, Facebook status updates, Twitter posts, Instagram likes, and online comments may seem like they lack incriminating information, but each must be thought about carefully. If you have been injured in an accident, but photos and Facebook posts show you walking, going out with friends, or doing anything that a seriously injured person wouldn't be able to do, your claim can be damaged. If you are involved in an injury case, try to minimize your presence on social media, and disable friends from tagging you in pictures or posts. Avoid talking about your recovery online.
Even if you are in a tremendous amount of pain, if a picture shows you out and smiling after your injury, the opposition can use it against you. As Phoenix car accident attorneys, we advise people to be very careful about using social media. You never know how another person can twist and turn what you wrote to be used against you. Make sure to block unknown users from looking at your page. Do not accept any friend requests that you do not know. Pay careful attention to all of your settings, especially on Facebook. Look to see if anyone is following you on Twitter or any other site. Listen to your lawyer’s advice.
How is fault determined in a multi-vehicle car accident?
Arizona operates under the "fault" auto insurance model, and the injured victims have the right to file a personal injury lawsuit to seek compensation for their losses. In a multi-vehicle accident, the determination of driver negligence is critical to the case’s outcome. Each driver holds a responsibility to protect the safety of other drivers and occupants on the road. This is termed a "duty of care."
The fault often lies with the person who broke traffic laws, such as not stopping for a red light. Establishing which driver had the right-of-way will begin when the police arrive on the scene. They may interview both drivers and witnesses, but in general, you’ll need to get an attorney involved if you want to look at video footage that may have been caught by surveillance, and analyze the scene properly.
Essentially, all drivers operating vehicles in Arizona are required to act toward others and the public with watchfulness, attention, caution, and prudence in the manner that another reasonable person facing the same circumstances would. If a driver's actions fail to meet this standard of care, he or she can be held liable for the economic and non-economic damages the innocent parties have suffered.
Injury Claims in Multi-Vehicle Accidents
As the monetary stakes can be high, auto insurance companies often count upon their corporate defense lawyers to sort out claims and negotiate the terms of a settlement. For this reason, it could not be more important that you get the representation of a skilled traffic accident attorney to negotiate on your behalf. The Husband & Wife Law Team has an overall record of settling 98% of its cases successfully. Founding attorney Mark Breyer is a Board Certified Specialist in personal injury and wrongful death law - a credential earned by approximately 1% of attorneys in Arizona. You can trust that your case will be handled with professionalism and skill, and that your case will be given the attention it deserves.
How do you investigate an accident that happens on a highway or the freeway?
It requires a thorough investigation of the accident to build a strong personal injury claim. Freeway and highway accidents present a special challenge because they are quickly cleaned up to allow the traffic to keep moving. To preserve evidence, our skilled investigators will review the accident site as soon as possible. We also interview witnesses, medical professionals, and first responders to create a compelling record of the accident.
What if I'm injured in a Lyft or Uber accident?
Determining liability and getting fair compensation for accidents caused by rideshare drivers can be very complicated. If you were a pedestrian, bicyclist, rideshare passenger, or the driver or a passenger in another vehicle who was injured in an accident caused by a Lyft or Uber driver, you will definitely want to speak with and experienced car accident attorney right away. At The Husband & Wife Law Team, we aren’t afraid to go after big companies to help you get a fair settlement that will cover your medical expenses and other costs resulting from your accident. We also handle accidents caused by regular taxi drivers.
Who can I sue if I get hit by a big rig truck?
Negligent parties in truck accidents may include drivers, managers, truck companies, mechanics who failed to perform necessary repairs, and manufacturers of faulty equipment that may have caused the accident.
Truck accidents can be devastating. If you are a pedestrian, cyclist, motorcycle rider, automobile driver, or passenger who has been injured by a big rig truck driver, our team at The Husband & Wife Law Team will investigate your accident to determine who is at fault and file a claim on your behalf.
Will I have to go to court if I file a personal injury claim?
In many cases, our car accident lawyers at The Husband & Wife Law Team can get you a fair settlement without taking your case to court. But we aren’t afraid to take on the big insurance companies and we know how to win. In fact, our reputation is so strong that insurance companies will often give our clients a fair settlement because they know we mean business.
Should I accept my insurance company's offer?
No. The insurance agent is not your friend. Their goal is to settle your claim for as little as possible. In many cases, insurance agents will attempt to trick you by getting you to say incriminating things about the accident that may hurt your claim. Your best course of action is to contact The Husband & Wife Law Team, and let us do the talking. We know how to deal with pushy insurance company agents, and we will fight to get you the best possible settlement.
What if I got in an accident with a hit and run driver?
As soon as you feel up to it, write down all the details you can remember about the accident. This will help police and our investigators locate the driver who fled the scene. Hit and run drivers cause a great deal of suffering and anxiety for their victims. At The Husband & Wife Law Team, we’ll treat you with compassion and put together the strongest possible case to get you a good settlement.
How do I find the right car accident attorney for me?
This is a very important decision because you will be spending some time with your personal injury attorney, and you want to make sure it’s someone you feel comfortable with.
Have some questions prepared before meeting with a potential personal injury attorney to find out what their credentials are, which accommodations or awards they have received, and have they handled similar cases in the past. The most important thing is finding someone who will be honest and straightforward about your case.
Representation you deserve
At The Husband & Wife Law Team, our auto accident attorneys will work tirelessly to build a strong case and fight to ensure that you receive the compensation you deserve. We understand how devastating an accident can be, so we will doggedly pursue your personal injury claim while you concentrate on your own recovery. The Husband & Wife Law Team of Alexis Breyer and Mark Breyer is dedicated to helping auto accident victims get the justice and financial reimbursement they need. Contact us for a free consultation.