Phoenix Car Accident Lawyer

What You Should Do Immediately After an Accident

Every case is unique, and the steps that must be taken in any particular case vary. You should consult with an experienced attorney to obtain legal advice regarding how to proceed in any given matter. That said, although the below is not legal advice, below are some of the general steps that individuals often take following an incident.

1. Call 911 immediately. It is virtually always necessary to get police and emergency medical personnel on the scene of an accident.

You may not be able to tell right away if you or someone else involved has sustained serious injuries. Shock and adrenaline can mask internal injuries and head trauma.

2. Be careful what you say to police and to the other driver. Do not admit fault. Admissions can be used against you in a legal case and you may not be aware of all of the facts and circumstances that contributed to an incident when the admission is made.

Only discuss the facts of the accident with police and others involved. Cooperate with emergency personnel.

3. Follow the advice of emergency medical personnel and seek immediate medical attention for injuries.

4. Document as much at the accident scene as you can. Priorities include:

• Other driver’s name, address, phone number, email, insurance information, license plate number, and make and model of vehicle.
• Contact information of all passengers and witnesses.
• Photos of vehicle damage, road conditions, witnesses, other people involved in the accident and any other elements of the accident scene.
• Police officers’ names and badge numbers.
• Police report number and a copy of the report.

5. Report the accident to your insurance company.

Consult with an experienced personal injury attorney before giving a recorded statement to any insurance company. If you ever elect to pursue a claim, information that you give to anyone can possibly be misunderstood and taken out of context to be used against your case.

6. Be sure to see a doctor of your choice for appropriate medical attention.

Additional Steps You Should Take Following an Accident

The days immediately following an accident are often the most important for finding and preserving evidence of what occurred.  It is vital that relevant evidence be gathered, identified and catalogued. Phoenix-based accident cases that go to trial typically end up being heard in Maricopa County Superior Court or Arizona Federal District Court.  Both courts have complex rules of evidence that determine what a jury will ultimately hear.  Although each piece of evidence must be looked at on its own, there are steps that can be taken early in a case to ensure that a jury has the opportunity to examine all relevant evidence.

Although there are many different types of relevant evidence, some examples include:

Physical Evidence

Physical evidence may be very helpful to show who was at fault in an accident.  Some examples of physical evidence include:

• Damage to a car showing it was hit
• Torn or bloodied clothing
• A worn or broken stair that caused a fall
• An overhanging branch that blocked road visibility

It is important to recover physical evidence immediately after an accident because, if it is not preserved or photographed in the first few days, it may get modified by time, the weather, lost, destroyed or repaired.  It is also important that you work with an attorney to catalog its location once stored to ensure what’s called the “chain of custody” and future admissibility.

Chain of custody refers to the paper trail, or chronological documentation, showing the seizure, custody, control, transfer and analysis of physical, or electronic evidence.   The process is important to show that the evidence gathered is legally acceptable to courts and government agencies.  It is important to be able to show that the evidence collected at an accident scene has not been altered, hidden, or destroyed, and that it accurately reflects the actual events that occurred.

In the digital age, the evidence preservation process has become important in civil litigation and personal injury cases.  In the criminal arena, police would seize evidence, seal it in plastic bags, label it, and sign it in to a locked evidence room until its presentation at the trial.  If the evidence were taken out for any reason, it would be noted in an evidence log.  In the civil arena, however, evidence can be both electronic and physical.  The stages of electronic discovery in civil litigation are identification, preservation, collection, processing, review, analysis, production and presentation of evidence at a trial.  Examples of non-electronic evidence in a personal injury case may include photos of the accident scene, photos of vehicles, physical vehicle parts, natural contributors to an accident such as a tree branch, police reports, medical records and personal notes about the accident.

The Arizona Judicial Branch understands the importance of digital evidence; consequently, it has established the Task Force On Court Management of Digital Evidence by Administrative Order 2016-129 in order to develop policies for court management of digital evidence.

Police Reports

Under ARS § 28-666, the driver of a vehicle involved in an accident that results in injury to or death of a personal shall give notice immediately to either the local police department, county sheriff or nearest highway patrol.

When the police arrive at the scene they will create a police report.  The police report will usually be an important piece of evidence in determining the cause of the accident, even though it is often inadmissible in court.  A police report will contain helpful information such as the date, weather conditions, time and location of the personal injury incident.  It will also often contain the name, telephone numbers and statements of others involved in the accident, or any witnesses to the accident, which may prove invaluable when trying to prove fault. Additionally, the report will have the officer’s initial assessment of fault.  This will include the officer’s written narrative of the details and causes of the accident, and usually includes a diagram.

Once a police report has been created you may obtain a copy by requesting it from the police department.  If you know which law enforcement agency came to the scene of the accident and prepared the report (state highway patrol, county sheriff), you may call the police department and obtain the records.  Depending on the jurisdiction, there are also online record request services.

A police report is usually inadmissible (not accepted as valid) in court because it is considered hearsay. The legal definition of hearsay is: “a statement made out of court that is offered in court as evidence to prove the truth of the matter asserted.” In other words, hearsay is any statement made outside the court that is offered in court to prove that the information in the statement is true. A statement may be considered written, oral or even a gesture.

The reason these statements are usually inadmissible is because they are not made under oath, therefore, a judge or jury cannot personally observe the demeanor of the person making the statement.  Additionally, the opposing party cannot cross-examine the person making the statement. If the statement is made out-of-court, a judge or jury does not have the ability to analyze the statement for ambiguity, insincerity, faulty perception or erroneous memory.

Not all out-of-court statements or assertions are considered hearsay.  The statements of any parties to a case are admissible in Arizona personal injury cases, as is the case with all civil matters. The Federal Rules of Evidence, and the Arizona Rules of Evidence, outline various types of statements that are excluded by the Hearsay Rule, as well as exceptions to the Hearsay rule, and thus, may be heard and considered by a judge or jury.

In some situations, facts in the police report may be admissible under Arizona Rules of Evidence Rule 803(8), the public records exception to the hearsay rule.  Reports made by government agents, such as police reports, are included in this exception. The full list of Arizona hearsay exceptions provides additional opportunities for evidence to be admitted.

A police report may, however, be used in your Phoenix personal injury settlement negotiations.  If the police report indicates fault, it may be used as a settlement tool.  The attorneys on the Lamber Goodnow team or their partner firms will corroborate and use information from the police report, as well as medical records, evidence of lost wages, explanations of loss of enjoyment and other important documents to draft a demand letter.  The letter, directed to the defendant’s insurance company, summarizes the facts of the case, describes the injury(s), provides evidence of loss and demands compensation for injuries.

Medical Records

Medical records are a crucial form of evidence because they can help establish the extent of a person’s injuries, and the amount of compensation they should demand. If you have been injured in the accident, make sure you receive medical treatment for your injuries as soon as possible.  Seeing a medical professional is important to begin immediate treatment, as well as to document your injuries from an accident. Medical treatment and therapy may last much longer than you anticipate, so make sure that you preserve all medical records.  Documents to preserve include:

• Emergency room admitting charts
• Paramedic reports
• Doctors’ and Nurses’ notes (this includes therapists)
• Test and exam results
• Your physician’s diagnosis and prognosis

Arizona’s Hearsay Exceptions 803(6), Records of a Regularly Conducted Activity and 803(4), Statement Made for Medical Diagnosis or Treatment are both hearsay exceptions that create the admissibility of Medical Records in court.

Car Accident Statistics in Phoenix, Arizona

Phoenix, the largest city in Arizona, accounts for a majority of all motor vehicle collisions annually. In the most recent report from the Arizona Department of Transportation (ADOT), Phoenix accounted for nearly half of all accidents in Maricopa County. The National Highway Safety Administration (NHTSA) found driver error to be a contributing factor in 94% of these accidents, indicating the importance of legal recourse in such situations.  See NHTSA Motor Vehicle Crash Causation Study.

Why Hire a Phoenix Car Accident Lawyer

When people are injured or killed in car accidents in Phoenix due to negligent or reckless actions of others, they are entitled to pursue compensation by filing injury lawsuits against the at-fault parties. Working with an experienced Phoenix car accident lawyer at Lamber Goodnow Injury Lawyers will greatly increase the chance that you will recover full compensation for your losses.

Important Steps to Take After a Car Accident in Phoenix, AZ

Post-accident procedures can be overwhelming, particularly when dealing with injuries. To protect your health and rights, there are crucial steps to follow, including stopping at the scene, calling 911, being mindful of what you say, taking photographs and video, talking to witnesses, and promptly seeking medical attention.

Legal Consequences of Leaving an Accident Scene in Arizona

Pursuant to Arizona’s revised statutes, specifically ARS § 28-663, Arizona law mandates all motorists involved in a car crash to stop and exchange information. Failing to comply carries serious penalties, ranging from misdemeanors to felonies, based on the severity of the accident and involved injuries. Even if you were not at fault, leaving the scene could result in a minimum prison sentence of 2.75 years up to a maximum of seven years.

Importance of Immediate Medical Attention After a Car Accident

Seeking immediate medical attention is essential for your health and your accident claim. Many injuries may not show immediate symptoms but could be serious. Prompt medical care helps to establish a causal link between your accident and injuries, further reinforcing the strength of your claim.

Discuss Your Case With A Lawyer Now

Navigating Insurance Company Tactics After a Phoenix Car Accident

In the aftermath of a car crash in Phoenix, Arizona, dealing with insurance companies can be a daunting task, particularly while also nursing injuries from the incident. Arizona is a fault-based state for car accidents, meaning the at-fault party, or their insurance company, is responsible for covering injury and property damage claims. It’s crucial to understand the motivations of insurance companies, as they often employ tactics to minimize claim payouts and protect their bottom line.

Remember, the insurance adjuster works for the insurer, not for you. When interacting with the at-fault driver’s insurance company or adjuster, avoid the following:

• Discussing your injuries and their severity
• Allowing the insurance adjuster to record your statement
• Signing a medical authorization allowing the insurance company to access your medical records
• Accepting an early settlement offer

You aren’t obligated to speak to or share details with the other driver’s insurance company. Before making any statements, consult with a Phoenix car accident lawyer at Lamber Goodnow Injury Lawyers. Your attorney can handle interactions with insurance companies, ensuring your rights and interests are protected.

Arizona Insurance Requirements: Protecting Yourself with Adequate Coverage

Pursuant to Arizona statute, ARS 28-4009, Arizona has increased its minimum liability coverage requirements due to a recognition that previous limits were often insufficient to cover the losses of collision victims. The current minimum coverage requirements are:

• $25,000 in bodily injury/death for one person
• $50,000 bodily injury/death for two or more people
• $15,000 property damage coverage

However, these limits may still be inadequate for many injury or fatality collisions. For additional protection, consider purchasing uninsured/underinsured motorist coverage. This provides extra coverage if you’re involved in an accident with an uninsured or underinsured motorist. Your Phoenix car accident lawyer will also explore other potential sources of recovery to ensure maximum compensation for your losses.

Contact our Car Accident Lawyer Phoenix Team Today

If you or a loved one has been impacted by a car accident in Phoenix caused by another motorist’s negligent or reckless conduct, you don’t have to face this challenging time alone. Contact the Car Accident Lawyer Phoenix team at Lamber Goodnow Injury Lawyers today for a free, confidential consultation. We’ll provide an honest assessment of your case and explain the legal remedies available to you.

Discuss Your Case With A Lawyer Now

Understanding Arizona’s Car Accident Laws

Arizona has specific rules and regulations when it comes to car accidents. These include timelines for filing a claim, determining fault, and understanding what compensation you might be entitled to.  Familiarize yourself with these laws to ensure your rights are protected.

• Pure Comparative Negligence: Arizona follows a “pure comparative negligence” system. This allows you to recover damages even if you’re partially at fault for the accident. However, your compensation is reduced by your percentage of fault.
• Statute of Limitations: The statute of limitations for personal injury cases in Arizona is generally two years. This is the period within which you must file a lawsuit after the accident. If you miss this deadline, you may forfeit your right to sue and recover damages.
• Mandatory Auto Insurance: Arizona law requires all drivers to carry liability insurance to cover bodily injury and property damage. The minimum coverage requirements are $25,000 for bodily injury or death of one person, $50,000 for bodily injury or death of two or more people, and $15,000 for property damage.
• Duty to Report: Any motor vehicle accident in Arizona resulting in injury, death, or property damage over a certain amount must be reported to the police.

Phoenix-Specific Car Accident Issues

Navigating the aftermath of a car accident in Phoenix can come with unique challenges. With a growing population and heavy traffic, the Phoenix area has specific issues that impact car accident claims.

• High Traffic Areas: There are a number of high traffic areas in Phoenix where accidents are more common. These might include major intersections, areas around popular shopping centers or tourist attractions, and certain busy highways. It’s also worth noting that rush hour in Phoenix, like in most cities, can significantly increase the risk of accidents.
• Weather Conditions: Phoenix is known for its high summer temperatures, which can lead to tire blowouts on hot asphalt. In addition, monsoon season can lead to slick roads and reduced visibility, increasing the chances of car accidents.
• Red Light Running: According to previous studies, Phoenix has had an issue with drivers running red lights, leading to a higher than average rate of intersection accidents.
• Unique Roadway Features: Phoenix has a number of unique roadway features, such as roundabouts, and certain freeways, like the Loop 202, which can pose unique challenges to drivers unfamiliar with these types of roadways.

National Car Accident Statistics

Understanding the wider context of car accidents in the U.S can be helpful.

• National Car Accident Frequency: In 2022, there were over 7.2 million police-reported motor vehicle traffic crashes in the United States. This represents a 7% increase from 2021.
• Common Causes of Accidents: The most common causes of accidents include distracted driving, drunk driving, speeding, and reckless driving.
• Injury Statistics: In 2022, an estimated 3.04 million people were injured in motor vehicle traffic crashes. This represents a 6% increase from 2021.
• Fatal Accidents: The NHTSA’s Fatality Analysis Reporting System (FARS) data indicates that there were 42,939 people killed in motor vehicle traffic crashes on U.S. roadways during 2022. This represents a 10% increase from 2021.

How to Reduce Car Accidents in Phoenix, AZ

The following are some of the things that can be done to reduce car accidents:

• Distracted driving: Distracted driving is a major cause of accidents. Drivers should avoid using their cell phones or other electronic devices while driving. If they are being used, then they should be integrated into your car systems through bluetooth and/or wifi.
• Drunk driving: Drunk driving is another major cause of accidents. Drivers should never drink and drive.
• Speeding: Speeding is a factor in many accidents. Drivers should obey the speed limit and drive safely for the conditions.
• Reckless driving: Reckless driving includes driving under the influence of drugs or alcohol, driving too fast for the conditions, and driving aggressively. Drivers should avoid reckless driving.

By taking these precautions, drivers can help to reduce the number of car accidents.

Seatbelts: The Low-Hanging Fruit of Car Safety

Seatbelts are one of the most effective ways to prevent death and injury in a car crash. In 2022, an estimated 14,955 lives were saved by seat belts in the United States. However, about 1 in 10 people in the United States do not wear a seatbelt. This is a dangerous habit that can have deadly consequences.

Seatbelts work by keeping you from being ejected from the vehicle in a crash. Ejection is one of the leading causes of death in car crashes. Seatbelts also help to reduce the severity of injuries in a crash. They can prevent you from hitting your head on the dashboard or windshield, and they can help to keep your spine in alignment.

It is important to wear a seatbelt every time you get in a car, no matter how short the trip. Seatbelts are the single most effective way to protect yourself in a car crash.

As a personal injury lawyer, and more specifically, as a car accident lawyer in Phoenix, AZ., practicing over 30 years, I have seen time and again, firsthand the devastating consequences of not wearing a seatbelt.

If you are not wearing a seatbelt, please start today. It is the easiest thing you can do to protect yourself and your loved ones in a car crash.

Ready to Take the Next Step? Contact Us Today

Dealing with the aftermath of a car accident can be overwhelming, especially when trying to navigate legal complexities and insurance company tactics. You don’t have to face this alone. Contact Lamber Goodnow Injury Lawyers today. With our expertise and commitment, we’ll help you understand your rights, navigate Arizona’s car accident laws, and fight for the compensation you deserve. Call us now or fill out our online form to schedule your free, no-obligation consultation.

Phoenix Uninsured Motorist Attorneys

Individuals and families facing financial hardship and attempting to cut costs are often tempted to lower their car insurance coverage or simply let it lapse. If you are involved in a car accident with a driver who is not carrying sufficient insurance coverage, you could end up needing additional insurance money to cover costly medical bills.

The Lamber-Goodnow Injury Law Team serves people who have been injured by uninsured and underinsured motorists in Arizona and throughout the Southwest. Based in Phoenix, we have local offices in several states and go where our clients need us most. Our attorneys have decades of experience advocating for the rights of victims in auto accident cases and aggressively pursuing the maximum compensation they deserve for injuries and damages.

What Is Uninsured And Underinsured Motorist Coverage?

Uninsured motorist coverage is designed to protect drivers and passengers if the driver causing the accident does not carry liability coverage. We can help to ensure that your claim does not get denied or minimized by the insurance company.

Underinsured motorist (UIM) coverage also protects drivers and passengers if the driver who caused the accident had insufficient insurance coverage to pay for the extent of the injuries. This will couple with the existing policy to cover the injuries up to the limit of the policy.

How Can We Help You Maximize Your Financial Recovery?

The process for receiving these benefits can be complicated. We assist those involved in car accidents to piece together the coverage they need to cover medical bills. Our attorneys will review your situation and all policies you may have. Where there are insufficiencies, we will find the appropriate coverage to match it, and we will fight for your maximum compensation.

Should the insurance companies resist paying you what you are entitled to, we will handle the process of proving liability and securing those benefits.

Phoenix Rear-End Collision Lawyers

Rear-end and T-bone collisions are two of the most common types of car accidents, and either one can change your life in an instant. These accidents are often caused by distracted drivers, whether running a red light or not allowing enough lag time between their car and yours.

The Lamber Goodnow Injury Law Team is composed of committed legal advocates and experienced lawyers in Arizona and throughout the Southwest. We represent drivers and passengers who have been seriously injured by a negligent party whose car has struck theirs at any speed. Serious, life-altering injuries can result from collisions involving any amount of force.

Our team will investigate the scene of the accident and reconstruct exactly what happened based on the evidence gathered at the scene and witness statements. We also work with accident reconstructionists, medical professionals and forensic experts to determine the accident causes and assemble a case that is capable of obtaining your maximum possible compensation for injuries and damages. We will fight for you and prove the negligence of the driver who hit you.

It is important that you are provided the medical attention that you need as quickly as possible. Waiting for the insurance company to provide a benefit may not be an option.

Our Phoenix-based rear-end collision attorneys will help to ensure that you receive the care you need while we sort out the legal situation. As you focus on healing and recovering, our attorneys will investigate the details of the accident, reconstructing exactly what happened and proving liability. We will deal with the insurance companies when they attempt to deny claims, doing everything we can to confirm that you are provided maximum damages.

Phoenix Head-On Collision Attorneys

Serious injuries require serious legal representation immediately following medical attention. If you or a loved one has been injured in a head-on collision in Arizona or anywhere in the Southwest, our law firm can represent your best interests and ensure that you get all necessary medical care to fully recover from a catastrophic accident.

Be careful about agreeing to anything with an insurance company representative or other possibly liable party prior to speaking with an experienced attorney like those on The Lamber-Goodnow Injury Law Team.

We represent victims of serious and fatal auto accidents with a compassionate, results-oriented approach and customized strategies that are developed to obtain the maximum compensation victims and their families deserve. You should not rely on an insurance company when you need the best medical care available.

Our team investigates accident scenes, collects witness testimony and works with experts to reconstruct the events that led to the accident and prove the negligence of the drivers who hit our clients. In many cases, texting while driving, other cellphone use, distracted driving, drunk driving and fatigued driving are common causes of head-on collisions.

Our Phoenix-based head-on collision lawyers will fight for you and help you to receive the care you need. We handle all legal aspects of your case, so that you may focus on healing and recovery.

We hold negligent and liable parties accountable for injuries, damages and loss. We deal with insurance companies on your behalf and counter their attempts to deny and minimize claims.

Phoenix Rollover Accident Attorneys

The Lamber-Goodnow Injury Law Team provides dedicated representation to individuals who have been hurt or injured in rollover accidents. These can be catastrophic crashes causing significant vehicle damages such as roof crush, which can accelerate injuries.

Our Phoenix-based accident lawyers serve injured clients and their families throughout Arizona and across the Southwest with local offices in several states. We investigate all circumstances contributing to the rollover crashes, and we work with accident experts and forensic professionals to reconstruct exactly what happened at the scene of the accident. Our lawyers bring decades of auto accident experience to your case, and we hold responsible parties accountable for your injuries and damages.

Committed To Obtaining The Compensation Our Clients Deserve

We will look into the condition all of the facts and circumstances that may have caused a rollover accident. If other drivers contributed to the crash, we will dedicate the forensic investigation needed to demonstrate liability and recover maximum damages from those parties’ insurance companies.

It is important that you have a knowledgeable attorney representing you through this process. Significant investigation into highly complex issues is required, and insurance companies are much less likely to deal fairly with individuals who do not have an attorney.