According to the Arizona Department of Transportation, each year over 4,700 drivers are cited for following too closely and causing Arizona Auto Accidents, commonly referred to as “tailgating”.  Over a quarter of these Auto Accidents cause injury, and cause nearly 60 fatalities a year.

Arizona Revised Statutes section 28-730(A) states, “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent and shall have due regard for the speed of the vehicles on, the traffic on and the condition of the highway.”.   Essentially, a  driver must give themselves enough space in between the car in front of them to ensure safety and prevent a collision.  Far too often this law is neglected, and when combined with other driver distractions, can have catastrophic and even deadly outcomes.

I was involved in an Arizona Rear End Auto Accident

If you have been involved in an Arizona Rear end collision it is essential you speak with an Experienced Arizona Personal Injury Lawyer.  A good lawyer will fully review the police report, and fight to ensure you are fully compensated for your property loss, medical bills, and pain and suffering.  Call Mostafavi, Marco & Wimmer today to schedule a free consultation.  We never charge and up front fee, and only get paid if we settle your case.

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.

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.

In 2005 Congress changed the Bankruptcy laws, enacting several new requirements, with the intent to create a more stringent qualification process for a Chapter 7 Bankruptcy.  Prior to the new bankruptcy law, high income earners were readily filing Chapter 7 “Fresh Start” Bankruptcies to discharge their debts, even though they were able to pay back at least a portion of their outstanding debt.  In 2005, the Bankruptcy “Mean’s Test” was established, requiring all debtors to calculate their income and expenses to determine if they could repay their debts.  In short, if your income is above your State’s average household income, and the Mean’s test proves you have sufficient Disposable Monthly Income to pay back some debts, you are required to file a Chapter 13 Bankruptcy.

Naturally, the passing of new bankruptcy laws resulted in a rush for millions of individuals to file a Chapter 7 Bankruptcy in 2005, prior to their enactment.  Since 2005 many Arizona residents have again experienced financial hardship due to the housing crash and economy, and can benefit from another Bankruptcy filing.  The good news is you only have to wait 8 years between Chapter 7 Bankruptcy filings, so for those who filed in 2005, you can refile a Chapter 7 Bankruptcy this year.  8 years must pass between the date you filed the bankruptcy in 2005 and the file date of the 2013 bankruptcy.

For a free bankruptcy consultation with an Experienced Arizona Chapter 7 Bankruptcy Lawyer call Mostafavi, Marco & Wimmer today at (480) 540-3815.  We have reasonable fees, offices Valleywide, offer payment plans, and take pride in our exceptional personal service to each and every client.

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.

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.

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.

The benefits of having Uninsured (UM) and Underinsured (UIM) Coverage on your Auto Insurance are significant, and here is why:  The cost of the coverage is very cheap, and will compensate you for unpaid medical bills, etc.

There are limits to everyone’s liability insurance policy, and once exhausted, no more can be recovered from the liability insurer.  A driver injured in an Arizona Car Accident is left holding the bag for the remaining medical bills, pain and suffering, etc.  Yes, you could pursue the negligent driver who caused the Accident personally, but a vast majority of the time there are no personal assets to recover.

For example, you are involved in a Serious Car Accident and suffer a broken arm and broken leg, which result in medical bills that total $50,000.  The at fault driver’s insurance policy has a $15,000 limit.  If you do not have uninsured/ underinsured coverage you’re on your own to pay the remaining $35,000.  If you have have Underinsured coverage your own insurance will cover the rest.  Furthermore, this will not effect your insurance premium.

Another important advantage of having these policies is in situations when the at fault driver does not have insurance.  Your Uninsured policy will cover your expenses.

Arizona Law mandates that every insurance company must offer you UM/UIM.  The limits on these policies must not be less than bodily injury liability limits.  I highly advise you to get both!!

To determine if you have Uninsured and Underinsured policies look at your insurance declaration page.  If you do not have these policies, GET THEM TODAY.

If you have more questions about this blog, or have been in an Car Accident and need advice, call the Experienced Phoenix Personal Injury Lawyers of Mostafavi, Marco & Wimmer today.  We offer a free consultation, charge no up front fees, discount our fees to get your more, and have over 35 years of experience.  (480) 540-3815.

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.

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.