Car Owners Have a Responsibility to Maintain Their Vehicles

Experienced Car Accident Lawyer in Phoenix, AZ Many car accidents are not caused by immediate driver negligence (i.e., distracted driving), but instead by system issues, such as malfunctioning brakes.  In such cases, though it may seem that the driver or owner is not responsible, that is not necessarily true. Cars must be properly maintained by their owners, lest they develop issues that could expose others to an unreasonable risk of injury.  Owners must adhere to this duty.  Failure to properly maintain a vehicle — when it contributes to an accident — entitles the injured car accident plaintiff to compensation under Arizona law. Questions?  Contact us at Hirsch & Lyon to learn more about how we can help. Owners Tend to Shift the Burden of Responsibility How parties act during personal injury litigation can be confusing for first-time plaintiffs, but in truth, one must consider that the defendant(s) are acting in accordance with their “survival instinct.”  Unless you can clearly establish that the defendant is not only liable, but liable to the specific degree that you are asserting, their instinct will be to minimize or avoid that liability by shifting the burden to another party — in the car accident context, that burden-shifting may be from the vehicle owner towards the mechanic shop. For example, suppose that you are injured when the defendant’s front tire suddenly blows out, causing them to lose control of their vehicle and slam into yours.  You sustain significant injuries as a result.  In the ensuing litigation, […]

Liability for Damages Caused by Unsecured Cargo

Experienced Truck Accident Attorney in Phoenix, AZ Unsecured and improperly secured cargo loads are a significant contributor to truck accidents in Arizona, and throughout the United States.  According to a study conducted by the AAA Foundation, between 2011 and 2014, a failure to properly secure loads led to more than 200,000 crashes, 39,000 injuries, and 500 deaths. If you have sustained injuries in a truck accident that was caused by an unsecured or improperly secured cargo load, then Arizona law may entitle you to compensation.  Contact us at Hirsch & Lyon to learn more about how we can help. Risks Posed by Unsecured Cargo Unsecured and improperly secured cargo on trucks pose major accident risks to others on the roadway, including but not limited to: Heightened probability of a rollover accident Reduced maneuverability of truck Unexpected and inconsistent impact on maneuverability of truck Danger of loose cargo exiting the truck and colliding with others Multiple Liability Sources When litigating a truck accident dispute centered around the damages caused by unsecured or improperly secured cargo, you may be faced with significant challenges (and opportunities) due to the nature of the accident — simply put, responsibility for an unsecured or improperly secured cargo load does not typically rest on the shoulders of a single defendant.  In fact, there may be multiple defendants on whom liability can be imposed: Drivers and their employers Cargo loaders and their employers How does this work in real-world terms?  Consider the following example. Suppose that you are […]

Motorcycle Passengers: A Brief Look at Liability Under Arizona Law

Skilled Motorcycle Accident Attorneys in Phoenix, AZ Motorcycle operators and passengers face significant risks on Arizona roadways.  According to the Department of Public Safety, in 2016 alone there were 792 motorcycle collisions in the state, and 32 of them fatal. Passengers who have been subjected to an unreasonable risk of injury have a right to recover compensation for the harm they suffered.  Successfully litigating the claim requires skilled advocacy.  Contact Hirsch & Lyon for assistance. Specific Prohibitions and Requirements Involving Motorcycle Passengers in Arizona Arizona law features a number of prohibitions that could impact your injury claims against the motorcycle operator: Passengers must wear a helmet if they are below the age of 18 (though it’s important that you wear a helmet regardless, as the defendant is likely to argue that a failure to do so constitutes contributory negligence); Passengers cannot ride with motorcycle operators who only have their permit, and not a license; and Motorcycles must be equipped with a passenger seat and footrests to ensure that the passenger can ride safely. For example, if someone takes you as a passenger on their motorcycle without having obtained their license (they only have a permit), they could be held liable for injuries that you suffer in an accident caused by their negligence. Similarly, if someone takes you as a passenger on their motorcycle without having properly installed a passenger seat and footrests on the vehicle, and the lack thereof causes you to be harmed in a subsequent accident, then you […]

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