Author: Hirsch & Lyon Accident Law

Liability in a Multi-Vehicle Pileup

Multi-vehicle pileups (also known as “chain reaction accidents”) are not uncommon on busy roadways in Arizona, and in the United States at-large.  When a motor vehicle accident occurs, then — depending on the conditions of the road and the average speed at which cars, trucks, and motorcycles are moving — a pileup could quite easily develop, causing the initial event to spiral out-of-control and affect a much larger group of people. If you’ve been harmed in a multi-vehicle pileup, you may be feeling confused and somewhat overwhelmed by the prospect of litigation, and for good reason.  It may be unclear where you should even begin — there could be several different drivers who you believe are responsible for causing your injuries. Multi-vehicle pileup liability can be simplified through the application of basic causation principles.  Let’s take a quick look. Understanding the Chain of Causation In multi-vehicle pileups, the core issue is that of the chain of causation.  Defendants may only be held liable if their actions substantially contribute to the injuries you suffered, and if the chain of causation “linking” their actions to your injuries is continuous. Concurrent Causation Arizona law does not shield defendants from liability simply because others were simultaneously negligent, reckless, or intentionally engaged in misconduct.  If there are multiple causes to an accident (as is typical in a multi-vehicle pileup where several cars and trucks might fail to exercise reasonable care and thereby contribute to the pileup), then each defendant responsible for contributing to the accident […]

Author: Hirsch & Lyon Accident Law

Can a Defendant Be Held Liable if They Had a Medical Emergency?

In Arizona (and throughout the United States at-large), if you’ve been injured in a car accident due to the fault of another party, then you may be entitled to significant damages as compensation for your losses. What you may not realize, however, is that your ability to recover could be affected by the defendant’s unique circumstances and impairments.  For example, though the defendant-driver may have crashed into your vehicle, if they were experiencing a sudden medical emergency at the time of the accident, then they may be able to avoid liability for your injuries. The sudden medical emergency defense can be confusing, so we’ll explore some of the basics to clarify how it works. Basics of the Sudden Medical Emergency Defense In order for the defendant-driver to take advantage of the sudden medical emergency defense and successfully avoid liability, they must show that: They suddenly lost consciousness, or experienced some other medical emergency symptoms that caused them to lose control over their vehicle; and The medical emergency at-issue was sudden and unforeseeable. Let’s take a closer look at these two elements. Loss of Control The defendant-driver cannot make use of the sudden medical emergency defense if they did not lose control over their vehicle at the time of the accident.  If the defendant was merely impaired, for example, but could still exercise a sufficient level of control that they could have avoided the collision, then they can be held liable for the resultant injuries. Events Were Sudden and Unforeseeable A […]

Author: Hirsch & Lyon Accident Law

You Can Hold Your Mechanic Liable for Negligence

Many injured car accident plaintiffs mistakenly believe that their lawsuit will progress in a simple and straightforward manner.  This is natural, of course.  They may approach the case with their own understanding of what transpired, and who is responsible for their damages.  In truth, however, a car accident lawsuit can develop in a rather non-standard fashion (depending on the circumstances), which can take a plaintiff by surprise. In the car accident context, one of the various non-standard possibilities for recovery is the negligence of a mechanic/auto shop.  Drivers trust their mechanics to perform comprehensive inspections and to correct defects as they are discovered, or to — at the very least — notify them as to the existence of such defects.  If a mechanic fails to do so, then they could be held liable for the damages suffered in a subsequent car accident. How does this all work?  Let’s take a closer look. Negligent Inspection and Maintenance Basics Mechanics have a duty to properly inspect, maintain, and repair vehicles that have been entrusted to them (for such services).  If a mechanic fails to exercise reasonable care in inspecting a vehicle (and thereby fails to identify a defect), or performs a negligent repair using substandard parts, then that may give rise to liability in the event that it contributes to a car accident later on. It’s worth noting that a mechanic’s liability (for negligence) can generally be imposed on their employer, the auto repair shop, through the application of vicarious liability principles.  […]

Author: Hirsch & Lyon Accident Law

Understanding the Standard of Care for Motorcyclists

Let Our Phoenix Motorcycle Accident Attorneys Help If you are a motorcyclist who was injured due to the fault of another, then Arizona law may give you a right to sue and recover damages as compensation for the losses that you suffered as a result. Motorcycle accident litigation — not unlike other motor vehicle accident litigation — can become quite complicated when the facts are “messy.”  In some cases, the injured motorcyclist may not be entirely absent of fault.  It’s not uncommon for a motorcyclist to have acted negligently and thereby contributed to the accident in their own way. So, how does this affect the dispute?  Let’s dive in for a closer look. Comparative Fault in Arizona In Arizona, pure comparative fault rules apply.  What this means is that an injury plaintiff is not barred from recovering damages even if they have acted negligently (and this negligence has contributed to the injuries at-issue).  Instead, the plaintiff’s overall damages will be reduced in accordance with their fault contribution. For example, suppose that a plaintiff was hurt in a motorcycle accident and has suffered overall damages equivalent to about $100,000.  If the plaintiff is found 40 percent at-fault for their injuries, then they will be entitled to recover $100,000 minus $40,000, or $60,000 in total. As the plaintiff, it’s not only important that you “win” your case (i.e., negotiate a settlement or obtain a favorable verdict), but also that you secure the maximum possible compensation given the circumstances.  An effective litigation strategy […]

Author: Hirsch & Lyon Accident Law

How the Defendant’s Hit and Run Affects Your Injury Claim

If you’ve been harmed in a car accident scenario in which the defendant-driver fled the scene of the accident — known colloquially as a “hit and run” — then you may be entitled to damages, though litigation may be more complicated than a standard car accident case.  In a hit and run lawsuit, there are a number of unique challenges and opportunities to keep in mind when considering the dispute process. Let’s take a closer look. Identifying the Defendant Perhaps the most significant problem facing injured plaintiffs in hit and run accidents is identifying the defendant in the wake of the accident.  If the defendant gets away without leaving a “trail,” then you might not have an opportunity to litigate your claims against them and obtain the compensation you deserve. Given the risk of a defendant successfully avoiding a lawsuit in a hit and run accident, it’s important to consult a skilled attorney as early as possible — your attorney will work with expert investigators and various stakeholders (i.e., law enforcement, businesses located near the accident) to secure evidence, such as video footage and traffic photos, to secure information that could be used to identify and track down the defendant. Implied Fault When the defendant flees the scene of the accident, they are painting themselves as the liable party, even if their negligence is questionable.  If you can identify the defendant-driver and bring an action against them, they will be fundamentally disadvantaged throughout the litigation process, as they must account […]

Author: Hirsch & Lyon Accident Law

Commercial Truckers Are Held to a Higher Standard of Care

If you’ve injured in an accident due to a commercial truck driver’s negligence, then Arizona law may entitle you to significant compensation. When litigating a claim against a commercial truck driver — and thanks to the application of vicarious liability principles, their employer — you may find that establishing negligence is somewhat “easier” to do than litigating a claim against a non-commercial driver.  As a general rule, professionals in all walks of life are held to a stricter standard of care in skill/knowledge areas than the average person. Let’s take a quick peek at why this dynamic exists. Negligence Basics and the Standard of Care In order to prove the defendant’s negligence, you will have to show that they violated the applicable standard of care under the circumstances, and that in doing so, they substantially contributed to your injuries.  The standard of care (in truck accidents and in other contexts) is that of a reasonable person under the same or similar circumstances. How does this work? When a defendant injures you in an accident, for example, the court will evaluate what a reasonably prudent person would have done had they been put in the same or similar circumstances.  This is a rather “fuzzy” determination, depending on the case.  Suppose that a driver gets into a collision after quickly changing the channel on their radio player — it may not be obvious that a reasonably prudent person under the same or similar circumstances would not have taken their eyes off the […]

Author: Hirsch & Lyon Accident Law

Recovering for Injuries Sustained in an Uber or Lyft

Ridesharing is a form of transportation in which the customer connects to an independent driver who is registered on a mobile app.  The customer requests a ride, and the app links up one of the rideshare drivers to the customer.  The company takes a cut of the ride’s overall cost. In Arizona, and elsewhere, ridesharing services (such as Uber and Lyft) have become increasingly common over the years.  Still, despite its ubiquity, many injured plaintiffs are unsure of their rights under the law and how they can secure adequate damages in a rideshare accident scenario (car, truck, etc.).  If you’ve been injured in an accident involving a rideshare vehicle, then you may be entitled to damages, but the dispute may be complicated by a number of issues. Let’s take a peek at some of the basics. Insurance Coverage Whether you are likely to receive damages will depend — in many cases — on the insurance coverage.  In Arizona, rideshare companies such as Uber and Lyft pay for liability insurance coverage of up to $1 million to cover accidents involving their drivers.  This liability insurance may vary depending on the circumstances. For example, suppose that you are riding as a passenger in an Uber when the driver crashes the car.  Given that the driver had already picked you up and was taking you to your destination, you would be entitled to the full $1 million of insurance coverage. Now, if a driver has not yet picked their passenger up, but is […]

Author: Hirsch & Lyon Accident Law

Logging Devices Can Help You Successfully Litigate a Truck Accident Claim

Though truck accident claims can be a challenge to litigate, there are a number of unique opportunities available to those who are plaintiffs in such litigation. For example, if you’ve been injured in an accident involving a commercial trucker, then you could be entitled to bring an action for damages against their employer pursuant to vicarious liability principles. Among these various opportunities is the electronic logging device (ELD) that has been federally mandated for commercial drivers who are required to prepare hours-of-service records for their work. Let’s take a closer look. What is an Electronic Logging Device? Recently, federal legislation (that has been in the works since 2012) has come into effect.  The legislation mandates that an ELD be installed for commercial drivers — including truckers — to keep track of various data points that are intended to help manage driver “cheating” and minimize the safety risks typical of the industry, such as over-scheduling.  An ELD keeps track of a driver’s hours logged (and speed), among other data. How does an ELD help? Drivers cannot drive more than 11 hours a day, nor can they work more than 14 hours a day total.  Previously, drivers could “fudge the numbers” on their paper sheets by logging less than they actually worked, thus enabling them to travel a farther distance (so that they can be eligible for compensation bonuses) while remaining within the hourly maximum.  Now, with the ELD system in place, commercial drivers cannot log more than the maximum amount.  If […]

Author: Hirsch & Lyon Accident Law

Settlement Should Not Be Your Only Option

If you’ve been injured in a car accident that was caused by the negligence, recklessness, or intentional misconduct of another party, then Arizona law may give you a right of action against the defendant for damages.  As a general rule, most cases end in a settlement — rather than allow a case to proceed all the way through to trial, the defendant will typically negotiate a monetary compromise with the plaintiff. Effective negotiation is critical to successful car accident litigation, but it’s important that your attorney be a capable trial litigator as well.  Each of these skillsets have a significant impact on one another during litigation. Let’s take a closer look. Basics of Settlement Negotiation Settlement negotiations are fundamentally about “uncertainty.”  When you bring a lawsuit against the defendant(s), there is almost always an element of uncertainty.  For example, the defendant may be able to circumvent liability altogether.  Importantly, even if you can strategically corner the defendant and prove that they are liable, there may be uncertainty about the damages amount that you are entitled to receive. Now, this uncertainty has an effect during settlement negotiations, as a settlement is essentially an approximation of the risk to each party (and referenced against the total damages). How does this work? Suppose that you are injured in a car accident and have damages of roughly $100,000.  The defendant cannot avoid liability, but they argue that your damages are only $50,000.  All else being equal, the settlement compromise is likely to hover around […]

Author: Hirsch & Lyon Accident Law

Improper Cargo Loading and Truck Accident Liability

Phoenix Truck Accident Lawyer In the realm of motor vehicle accidents, truck accidents are uniquely dangerous — particularly those that involve large trucks that may be loaded with cargo.  Trucks tend to be heavier than other vehicles, and as such, the impact forces in an accident are likely to be much more severe.  The aggregate force of impact can lead to serious (if not catastrophic) injuries or even death. Truck accidents can occur for a number of reasons, but among the more common types of truck accidents are those that are caused by improper cargo loading.  Improper cargo loading involves cargo that is not adequately secured (and is therefore prone to sliding or tumbling in the back of the truck), or cargo that has been placed in such a way that it creates a structural imbalance. Let’s examine this issue more closely. Improper Cargo Loading Can Create a Substantial Rollover Accident Risk Improper cargo loading — whether the cargo has not been secured properly or has been placed in a manner that creates a fundamental weight imbalance — can lead to a rollover accident in many cases, particularly situations where the driver is taking a sharp turn. Drivers may be additionally liable for failing to take into account their cargo load.  For example, if a truck driver is carrying a full load of cargo, they should be careful to slow down when taking turns and shifting lanes so as not to create a rollover accident.  Drivers must be considerate of […]

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