Arizona Personal Injury and Negligence Per Se. In Arizona, Negligence Per Se laws allow an Accident victim to make a claim for compensation due to another individual’s violation of law by proving: 1) The defendant violated an Arizona statute, 2) The Accident Victim is within the class of persons intended to be protected by the statute, 3) The injury was the type of harm intended to be protected by the statute, and, 4) The violation of the statute was the direct cause of the injury. If all four elements are satisfied, the defendant is liable under Arizona’s Negligence Per Se laws. For Example, Arizona Revised Statutes 28-701(A) states, ” A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the circumstances, conditions and actual and potential hazards then existing. A person shall control the speed of a vehicle as necessary to avoid colliding with any object, person, vehicle or other conveyance on, entering or adjacent to the highway in compliance with legal requirements and the duty of all persons to exercise reasonable care for the protection of others.” Injured Victims of Arizona Rear End Car Accidents can make a claim under Arizona Negligence Per Se laws by proving: 1) The other driver violated ARS 28-701(A) because they did not control their speed to avoid a collision, 2) The Injured Victim is exactly the class to be protected under this statute, 3) The resulting injuries (typically whiplash, neck injuries, back injuries), are the types of injuries to be prevented by the statute, 4) The injuries were a direct result of the other driver’s excessive speed and inability to avoid a collision. If you have been injured in an Arizona Accident call an Experienced Arizona Personal Injury Lawyer at Mostafavi, Marco & Wimmer today. We offer a free consultation with a lawyer to advise you on your rights and remedies. (480) 540-3815 or visit www.mmwazlaw.com.
Unhappy with your Arizona Personal Injury or Bankruptcy Lawyer. We often receive calls from people who are unhappy with their Arizona Personal Injury Lawyer or Arizona Bankruptcy Lawyer, and seek a replacement. The unhappiness generally arises from a lack of communication; the lawyer not returning phone calls or emails, no periodic case status updates, the case not processing efficiently, and/or the lawyer’s brash attitude. During every one of these calls we first discuss potential resolution options between the caller and their Personal Injury or Bankruptcy Lawyer. Often times, lack of communication does not mean the lawyer is not doing a good job. They may be extremely busy, so it may be best to ask for an update from their assistant or paralegal. If efforts to communicate with the Arizona Personal Injury or Bankruptcy Lawyer are unsuccessful, we then discuss the caller’s options moving forward. Options if you are unhappy with your Arizona Personal Injury Lawyer Under Arizona Law, and your personal injury contingency fee agreement, you have an absolute right to fire your attorney and hire a new one. Again, we suggest that you first attempt to communicate with your Arizona Personal Injury Lawyer, and if you are still unhappy, call another Experience Arizona Personal Injury Lawyer. You will not have to pay double the fees for your injury case. If the new lawyer accepts your case, he/she will work out a fee split with your previous lawyer (usually based on the amount of work the previous lawyer completed). Furthermore, your file will be given to the new lawyer. Your old lawyer may keep a copy of your file for their records. Options if you are unhappy with your Arizona Bankruptcy Lawyer You also have a right to fire your Arizona Bankruptcy Lawyer at any time. In Arizona, all fees must be paid prior to filing the Bankruptcy case, therefore, most bankruptcy attorneys will not accept your case if you have already filed. Once you decide to fire your original bankruptcy lawyer, you can ask for an accounting of the fees you have paid to date, and get a refund for the remaining balance. If you do not agree with the accounting, ask the lawyer for proof of the work done. Call an Experienced Arizona Bankruptcy Lawyer to take over your case, and the remaining fees can be used to pay him or her. Your original lawyer should forward you or your new lawyer your file. Choosing an Experienced Arizona Personal Injury or Bankruptcy Lawyer The most important thing you can do once you have been in an Arizona Accident, or need to file an Arizona Bankruptcy, is research reputable lawyers with ample experience. Type the lawyers name in Google, read their reviews, and look at their website. Furthermore, go to the Arizona State Bar website http://www.azbar.org/ and type in their name to determine if they have any disciplinary actions. If you are unhappy with your lawyer and want a second opinion, call us today for a free consultation. You will be under no obligation to hire us or pay us anything. One of our Experienced and Trusted Arizona Personal Injury and Bankruptcy Lawyers will discuss your case with you, and advise you on how to move forward.
Updated Arizona Bicycle and Pedestrian Plan-Focusing on Safety. In 2003 the Arizona Department of Transportation developed a plan to make Arizona roadways safer for bicyclists and pedestrians, and reduce the number of Arizona Bicycle and Pedestrian Accidents and Fatalities. Between 2008 and 2010 an average of 1,636 Bicyclists were injured in Arizona and roughly 21 died per year. In those same years, 1,321 Pedestrians were injured in Arizona, which resulted in 134 deaths. In 2012 the Plan was updated, focusing in part on safety, infrastructure, and motorist/cyclist/pedestrian education. The goal of the AZDOT has always been to establish policy encouraging bicycling and walking as means of transportation. Improving motorist, bicyclist and pedestrian education: 1) “Share the Road” signs and markings. 2) Education materials in retail stores. 3) Educational materials to elementary schools. 4) Educational materials in Arizona Motor Vehicle Departments. Improving Bicycle and Pedestrian Facilities on Roadways: 1) Widen shoulders to 4 foot minimum. 2) Separated bike and pedestrian facilities away from vehicle lanes. 3) Maintain shoulders free of debris and cracks. These are just a few of the recommendations made in the updated plan. To view the entire report and plan visit http://www.azbikeped.org/studyupdate/pdf/Draft_Final_Report.pdf. If you have been injured in an Arizona Bicycle Accident or Arizona Pedestrian Accident call the Experienced Arizona Personal Injury Lawyers of Mostafavi, Marco & Wimmer today for a free consultation. Our lawyers have spent a combined 30+ years representing Arizona Personal Injury clients recover the damages they deserve for their injuries and pain and suffering. Every case is handled by a lawyer, and we do not charge any fees unless we settle your case.
Arizona Bicycle Crash Prevention. The Arizona Department of Transportation reports that approximately 1,900 Accidents involving bicycles occur each year. The Arizona Governor’s Office Highway Safety reported 1,910 bicycle accidents in 2010 resulting in 1,604 injuries and 23 bicycle accident fatalities. The Arizona Legislature has enacted several laws to increase bicycle safety. They include: 1) ARS 28-213: Every bike must have a seat to sit on. 2) 28-817: Every bike must have at least one brake. 3) 28-816: Must have one hand on the handlebars at all times. 4) 28-814: You may not attach your bicycle to, or hold onto, another vehicle on the roadway. Above and beyond the State’s laws, motorists and bicyclists must exercise caution when on Arizona Roadways to prevent Arizona Bicycle Accidents. Here are some safety tips to keep in mind: 1) Always wear a helmet. 2) Ride in the same direction as traffic. 3) Always ride in the bicycle lane, as far away from traffic as possible. 4) Wear reflective clothing, and always have working front and rear lights. 5) Most Arizona Bicycle Accidents occur at driveways or other intersections. Check both ways before crossing. 6) Always stay alert for pot holes, drivers, wet leaves, storm grates, railroad tracks, etc. If you are involved in an Arizona Bicycle Accident If you are injured in a bicycle accident make sure to first and foremost assess your injuries and call the police. Exchange information with the other party and take pictures of the scene. To better understand your rights against the negligent driver call an Experienced Arizona Bicycle Accident Lawyer. The Bicycle Accident Attorneys of Mostafavi, Marco & Wimmer have spent over 30 years helping injured Arizona bike riders recover damages for their injuries, pain and suffering, and damage to the bike. Call us today for a free consultation (480) 540-3815.
Arizona Dog Bite Statistics. It goes without saying that most dogs really are mans best friend, and amazing companions, however, Arizona dog owners must be educated on the potential risks of owning a dog. Dog attacks can lead to catastrophic injuries and even death. Dog bites are often on the face and require reconstructive plastic surgery to fix. Each day in the United States 1,000 people are injured by dog attacks and dog bites. The more you know about potential risks, the better you can train your dog and prevent dog bite attacks. Author Merritt Clifton of Animal People made the following findings in a study of the most aggressive dog breeds: 1) 79% of Dog Attacks caused Bodily Harm 2) 72% of Dog Attacks on Children 3) 69% caused fatalities 4) 77% resulted in maiming 2011 Dog Bite Statistics-According to Dogsbite.org 1) 31 fatal Dog Attacks in the United States 2) 68% of fatal Dog Attacks on Children to those under 1 year old. 3) Family dogs make up 65% of all fatal attacks The average cost of a dog bite hospital stay is $18,200, which is 50% higher than the standard stay (Agency for Health Research and Quality). A study by the Centers of Disease Control stated that a majority of Dog Bite injuries occur on the arm/hand. The leg/feet are the 2nd most common areas of injury, followed by the head neck. In children ages 4 and under 64.9% of Dog Bite Injuries occur on the head/neck. The best line of defense against a potential Dog Bite is proper training of your dog, and complete alertness while your Dog is interacting with others to ensure it is not aggravated. If you or a loved one has been injured in an Arizona Dog Bite attack call the Experienced Arizona Dog Bite Lawyers of Mostafavi, Marco & Wimmer today for a free consultation. (480) 540-3815.
Major causes of Arizona Car Accidents Injury and Fatalities. As Arizona Car Accident and Personal Injury Lawyers, we want to give you as much information to keep you safe on Arizona roadways. The best advice I can give to you is to practice Defensive Driving, meaning keep alert, check intersections before you pass through them, and never ever become distracted. In doing research for this blog, it is clear what causes the vast majority of Arizona Motor Vehicle Collisions. Major Causes of Arizona Car Accidents: 1) Speeding and Aggressive Driving 2) Distracted drivers-TEXTING, eating, phone calls, applying makeup, speaking to passengers 3) Red light runners-Intersection collisions 4) Drunk Driving/Drugged Driving 5) Old Age/Fatigue/Physical Impairment (blurred vision) 6) Poor Road Conditions Essentially, Arizona Car Accidents are caused by one or a combination of these factors, which lead to the majority of Car Accident Injury and Car Accident Fatalities that occur daily in Arizona. With this information we hope that you stay aware when you are on the Arizona roads and are able to better identify any of these factors, in order to best protect yourself. If you have been in an Arizona Car Accident and want to speak now to an Experienced Arizona Car Accident Lawyer call us at (480) 540-3815 to schedule a free consultation. We do not charge a fee to take your case, and only take a fee if we settle your case.
2011 Arizona Car Accident Statistics: Crash, Injury and Fatality. Roughly 6,000,000 Car Accidents occur in the United States each year. Half do not result in injury, however, half result in injury, and nearly 2,000,000 result in serious injury. 50,000 people die in Automobile Accidents each year nationwide. Common factors such as not wearing a seat belt, DUI, distracted driving, and texting substantially increase a driver’s chances of being involved in a Serious Car Accident. The latest figures from the Arizona Department of Transportation (from 2011) outline the number of Arizona Car Accidents, and frequency of injury and death. Below are the important numbers to know to help you stay safe and avoid being a Arizona Car Accident Statistic. -103,423 Car Accidents in Arizona -33,030 Car Accidents resulting in Injury -754 Fatal Car Accidents, 236 Alcohol related -5,537 of the total Accidents related to Alcohol -1,910 involving a Motorcycle -84,786 involved multiple vehicles -2.26 people killed each day -One person killed every 10.63 hours -135.66 persons injured every day, one every 10.61 minutes The peak month for Arizona Car Accidents was December, peak day was Friday, and peak hour was 5-6 pm (all probably still true in 2013). The most common contributing factor to the Accidents was speeding. Our hope is that these numbers help keep you driving defensively to avoid being part of these statistics. If you are involved in an Arizona Car Accident call us today at (480) 540-3815 for a free consultation with one of our Experienced Arizona Car Accident Lawyers. We have over 35 years of combined experience, and do not charge any up front fees or costs. We only recover if we settle your case.
Why the Insurance Company favors Personal Injury Lawyer Mills. You have seen their ads, you have watched their commercials, and some of you may have even hired one in the past. For those who have, this post may frustrate you, but the facts are the facts. For those researching a reputable Arizona Personal Injury Lawyer that will fight hard to get you the maximum settlement you deserve, keep reading and take notes. We have read several articles that suggest the liability insurance companies favor high volume personal injury law firms, and here is why. A majority of their cases are “fender bender” soft tissue injury cases derived from their marketing efforts which yield smaller settlements. They work fast and always deliver. Unfortunately, what they are delivering is often detrimental to the client. They offer minimal attorney/client interaction, settlement without filing a lawsuit, speedy settlements, and promise never having to see the inside of a courtroom. Nora Freeman Engstrom discusses the “Settlement Mill” phenomenon in her article “Run-of-the-Mill Justice” in the Georgetown Journal of Legal Ethics. Some of the points she makes are discussed below. The disservice to the Arizona Injured High volume equals huge caseloads per Personal Injury Lawyer, which jeopardizes the Attorney/Client relationship and overall settlement. Average Arizona Personal Injury Law Firms serve roughly 110 clients per year, the average Settlement Mill processes 300-400! This means little or no face time with your lawyer. With such a heavy caseload the files need to be processed efficiently, therefore standardized procedures are utilized. These procedures jeopardize the discovery process (fact gathering, legal research, preparing the case for negotiation/lawsuit), which is essential in preparing the best personal injury case possible. Furthermore, the mill firms typically do not refer cases out for litigation, so they are willing to accept low settlements, to close the files quickly. For example, an Arizona Personal Injury Law Firm settled 1,500 personal injury cases in a 4 year span and only referred 1.3% of them to outside counsel. Personal Injury Settlement Negotiations When negotiating the maximum settlement for an injured party it is imperative for your Personal Injury Lawyer conduct proper research to identify: 1) Verdicts received in comparable cases, in case it goes into litigation. 2) The strengths and weaknesses of your case in the form of medical record review and legal research. 3) Willingness to initiate a lawsuit if the settlement offer is unreasonable. An Experienced and Reputable Arizona Personal Injury Lawyer will spend as much time as necessary with the client to ensure all facts are gathered, and the case is prepared adequately for a favorable settlement. Factors that reduce Large Injury Claim settlements Insurance companies track Arizona Personal Injury Law Firms and prefer mills for catastrophic injury or death cases for the following reasons: 1) They settle cases quickly. It is well known that the longer the client holds out, the greater their potential settlement may be. 2) Settlement mills rarely file lawsuits. Insurance companies have no incentives to increase settlements knowing the case will settle without suit. 3) Quotas are set for employees in order to settle claims quickly. So in order to meet quotas, employees are willing to accept smaller settlements in order to close the file. 4) Attorney reputation for avoiding trials results in less leverage in bargaining. These facts make it clear why Liability Insurance Companies prefer Arizona Personal Injury Settlement Mill Law Firms to the conventional Personal Injury Law Firm. Quick, reduced settlements, and discounted settlements on big cases, means more money for the insurance company. Engstrom notes that the lawyers and insurance companies are the big winners in these schemes, but the client is the loser and typically they never even know it. They often get medical bills paid and even some in pocket money, so it is hard for them to realize they were wronged. If you have been injured in Arizona due to the negligence of another party call us today at (480) 540-3815 for a free consultation with an Experienced Arizona Personal Injury Lawyer. We have over 35 years of legal experience, and all files are handled by attorneys who take pride in diligent work and providing exceptional personal service.
Rear End v. Head On v. Side Impact Arizona Auto Accidents. The more you know about Arizona Auto Accidents, the better you can practice defensive driving to prevent them. The day and time you are driving will impact these probabilities, i.e. Friday rush hour has the highest risk of a potential Arizona Car Accident. Several factors contribute to the injuries sustained in all Phoenix Motor Vehicle Accidents, and the injuries sustained in a rear end collision vs. a head on collision vs. a side impact collision differ, but most effect the neck and back. Rear End Auto Accidents Rear end collisions are far and away the most common type of auto accident. It is true that these accidents often occur at low speeds, however, the injuries can be, and usually are, significant. The most common type of rear end collision injuries are: 1) Soft Tissue: Flexion/Extension of the muscles and ligaments in the neck and near the spine which result in pain, dizziness and vision impairment. 2) Herniation: Tearing of the outer fiber surrounding a spinal disk, typically in the lumbar region. This causes numbness, tingling, and in severe cases, paralysis. 3) Brain Injury: Uncommon in rear end collisions, more prevalent in head on and side impact auto collisions. This injury may cause brain damage, strokes, seizures, and even death. 4) Broken bones: Extremely painful and can lead to trauma to organs, and nerve damage that may limit ranges of motion. 5) Concussion: Very common in rear end car accidents. Causes headache, blurred vision, dizziness, inability to concentrate, and light/sound sensitivity. Head On Auto Accidents Typically, these Car Accidents occur at high speed, therefore, they are the most deadly. Injuries may occur throughout the body due to the severity of impact. Furthermore, seat belts and airbags may not be helpful in these Arizona car accidents. Side Impact Auto Accidents These are often deemed the most dangerous car accidents because the human body absorbs the impact from the side, which leads to more severe injury. Less machine in between the colliding vehicle and the human body, even with side impact airbags. The front and rear of the vehicle have crumple zones, which do not exist on the sides. The most common injuries in these types of Arizona Car Accidents are head and brain injury, especially in vehicles of unequal size. It goes without saying that you should never be the distracted driver, and should always be aware of your surroundings. By focusing on the road and the vehicles around you, you decrease your probability of being involved in an Arizona Car Accident. If you have been involved in an Arizona Motor Vehicle Accident and would like to speak to an Experience Arizona Car Accident Lawyer, call us today at (480) 540-3815 for a free consultation. We do not charge any fees from you, and only collect if we favorably settle your case. Let our 35+ years of experience work for you.
Arizona Motorcycle Accidents: Important stats to help keep you safe. Dan Marco, Partner at Mostafavi, Marco & Wimmer As Arizona Motorcycle Accident Lawyers who actually ride motorcycles, we understand the immense risk a rider faces each and every time they get on Arizona Roads. Motorcycle riders are 16 times more likely than other vehicle operators to die in an accident. We also understand the sheer devotion riders have to their bikes, so telling them not to ride is not an option, but we can empower you with information to increase your safety. The stats below will hopefully provide you with valuable information to help keep you safe and avoid a Phoenix Arizona Motorcycle Accident. Motorcycle Accident Statistics: -Approximately 40,000 Motorcycle Accidents in the United States every year, resulting in 4,000 deaths. -More than 2,900 Arizona Motorcycle Accidents in 2011. -Over 99 Arizona Motorcycle Accident deaths in 2010, 157 deaths involving motorcycles in 2011. -Over 50% of motorcycle related deaths due to lack of helmet. -Wearing a helmet reduces Motorcycle Accident Deaths by 30%. -6 out of 10 Fatal Motorcycle Accidents occur at night. -66% Motorcycle Accidents resulting in death involve speeding and reckless driving. -A majority of Motorcycle Fatalities are on divided roads and involve collisions with fixed objects. (All statistics according to the National Highway Traffic Safety Administration and Arizona Department of Transportation) If you or someone you know has been involved in a Motorcycle Accident in Arizona call the Experienced Arizona Motorcycle Accident Lawyers of Mostafavi, Marco & Wimmer today for a free consultation (480) 540-3815.