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Auto Accidents

Why Hire an Auto Accident Lawyer

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Understanding Auto Accident Law

Auto accident law is a complex subset of personal injury law, varying by jurisdiction and covering issues like fault determination and compensation. Some states operate under a “no-fault” system, while others assign liability based on who caused the accident. Key legal concepts like negligence and comparative fault often play a significant role in determining outcomes. Unlike other personal injury cases, auto accident claims involve intricate negotiations with insurance companies and are subject to specific statutes of limitations. Understanding these complexities is crucial to securing fair compensation, which is why consulting an experienced auto accident lawyer is highly recommended.

The Role of an Auto Accident Lawyer

What Does an Auto Accident Lawyer Do?

An auto accident lawyer is a legal professional who specializes in representing individuals involved in car accidents. Their primary role is to advocate on your behalf, ensuring that your case is handled efficiently and that you receive the compensation you deserve. From the moment you hire them, an auto accident lawyer takes on the responsibility of investigating the accident, gathering evidence, and building a strong case. They assess the extent of your injuries and damages, consult with medical experts if necessary, and determine the full value of your claim. Additionally, they handle all communication with insurance companies, saving you from the stress of negotiating settlements on your own.

How an Accident Attorney Protects Your Rights

One of the most crucial functions of an auto accident lawyer is protecting your legal rights throughout the claims process. This begins with ensuring that you are not unfairly blamed for the accident and extends to safeguarding your entitlement to compensation. Auto accident lawyers are skilled in navigating the legal complexities that can arise after an accident, such as disputes over liability or challenges from insurance companies. They work diligently to counter any attempts to minimize your claim, whether by challenging the severity of your injuries or disputing the necessity of medical treatments. By having a lawyer on your side, you are less likely to fall victim to tactics that could reduce your compensation.

Benefits of Hiring an Auto Accident Lawyer

Maximizing Your Compensation

One of the most significant benefits of hiring an auto accident lawyer is their ability to maximize the compensation you receive. After a car accident, determining the full extent of your losses can be challenging. Beyond immediate medical bills and vehicle repairs, you may face long-term medical expenses, lost wages due to missed work, and even non-economic damages like pain and suffering. An experienced auto accident lawyer understands how to evaluate these factors comprehensively. They work with medical professionals and financial experts to ensure that every aspect of your injury and its impact on your life is considered in your claim, helping you secure a settlement that fully reflects your needs.

Expertise in Negotiating with Insurance Companies

Insurance companies are notorious for trying to minimize payouts, often offering settlements that are far below what victims are entitled to. Negotiating with these companies requires skill, knowledge, and experience, these are qualities that a seasoned auto accident lawyer possesses. Your lawyer knows the tactics insurers use to reduce claims and can counter these strategies effectively. They will handle all communications, preventing you from saying anything that might inadvertently harm your case. By taking a firm stance in negotiations, your lawyer can often secure a higher settlement than you could on your own, ensuring that your rights are protected throughout the process.

When Should You Hire a Car Accident Attorney?

Determining the Right Time to Contact a Lawyer

Knowing when to hire a car accident attorney can be crucial to the success of your case. While some minor accidents may not require legal representation, it’s generally advisable to consult with an attorney as soon as possible after an accident, especially if there is any doubt about liability, injuries, or the extent of the damages. Early involvement allows your attorney to preserve evidence, speak to witnesses while their memories are fresh, and guide you through the complex legal process from the start. Even if you’re unsure whether you need an attorney, many offer free consultations to help you understand your options.

Disputes Over Liability

Car accidents can lead to disputes over who was at fault, especially in cases involving multiple vehicles or complex traffic situations. If there is any question about liability, it’s crucial to hire an attorney. Insurance companies often try to shift blame or downplay their policyholder’s responsibility to minimize payouts. An experienced car accident attorney can investigate the accident, gather evidence such as police reports, witness statements, and accident reconstruction data, and build a strong case to prove liability. This is particularly important in states where comparative negligence can reduce your compensation based on the percentage of fault assigned to you.

Dealing with Uncooperative Insurance Companies

Insurance companies are primarily focused on protecting their profits, which can sometimes mean offering low settlements or denying claims altogether. If you find yourself facing an uncooperative insurance company, it’s time to hire an attorney. A skilled car accident lawyer knows how to handle insurance adjusters, counter their tactics, and negotiate a settlement that truly reflects the value of your claim. If necessary, they can also take your case to court to fight for your rights. Having an attorney on your side sends a clear message to the insurance company that you are serious about your claim and that they must negotiate fairly.

How to Choose the Right Auto Accident Lawyer

Key Qualities to Look For in an Auto Accident Lawyer

Selecting the right auto accident lawyer is crucial to the success of your case. Start by looking for key qualities such as experience, specialization in auto accident cases, and a track record of successful outcomes. An experienced lawyer will have in-depth knowledge of local laws, insurance company tactics, and the nuances of auto accident claims. Specialization is equally important; a lawyer who focuses primarily on auto accident cases is more likely to be up-to-date on relevant laws and have refined strategies for securing favorable settlements or verdicts.

Reading Client Reviews and Testimonials

Client reviews and testimonials can provide valuable insights into a lawyer’s reputation and client satisfaction. Look for reviews that highlight the lawyer’s communication skills, responsiveness, and ability to achieve positive outcomes. Testimonials can also give you a sense of how the lawyer interacts with clients—whether they take the time to explain the legal process, answer questions, and provide personalized attention. Pay attention to reviews that mention similar cases to yours, as these can indicate how the lawyer might handle your situation. However, keep in mind that no lawyer can guarantee specific results, and a few negative reviews don’t necessarily mean they are not a good choice.

People Also Ask:

  • What Questions Should I Ask During My First Consultation?

    • During your initial consultation with an auto accident lawyer, it’s important to ask questions that will help you understand their experience and approach to handling cases like yours. Additionally, ask about their fee structure and whether they work on a contingency basis, which means you only pay if they win your case.

  • How Long Do I Have to File a Claim After an Auto Accident?

    • The Arizona Statute of Limitations is 2 years following an injury to Injury to person; injury when death ensues; injury to property; conversion of property; forcible entry and forcible detainer.

  • Can I Afford a Lawyer if I’m Already Facing Financial Strain?

    • At Brad Johnson Injury Law, we operate on a contingency fee, meaning no upfront costs, instead our fee is 25% of the settlement, less than the industry standard of 33-40%. And if we don’t win you money for you case, you walk away without an attorney fee. 

  • What Happens if the Insurance Company Denies My Claim?

    • If an insurance company denies your claim, an auto accident lawyer can help you appeal the decision and fight for your rights. They will investigate the reasons for the denial, which could range from disputes over fault to allegations that your injuries aren’t as severe as claimed. 

  • Is It Necessary to Hire a Lawyer for Minor Accidents?

    • Even in cases of minor accidents, hiring a lawyer can be beneficial, especially if there are disputes over fault or if you’re unsure about the full extent of your injuries.

Best Phoenix Car Accident Lawyer

When you’ve been in a car accident, having the right legal representation can make all the difference. At Brad Johnson Injury Law, we are committed to protecting your rights and ensuring you receive the full compensation you deserve. With our deep understanding of auto accident laws and extensive experience in negotiating with insurance companies, we take on the legal complexities so you can focus on your recovery. Whether you’re dealing with serious injuries, liability disputes, or the stress of navigating the claims process, Brad Johnson Injury Law stands by your side every step of the way. Trust us to fight for your best interests and to secure the outcome you need to move forward with confidence.

What You Should Know About Car Accidents in Arizona

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If you can illustrate that someone else’s negligence is the cause of the accident in which you sustained life-altering injuries, Arizona personal injury law empowers you to file a legal claim.

Our car accident injury lawyers at Brad Johnson Injury Law will look to a number of sources to help you determine who was at fault for your accident. This includes police reports, state traffic laws, citations issued, and witness testimonies. If we determine fault on another driver involved and you sustained an injury as a result of the accident, we can help you get the largest settlement possible to cover medical bills and pain and suffering.

Do You Need a Car Accident Injury Lawyer in the Phoenix Area?

If you are injured in an auto accident in the Phoenix metro area and are not at fault, you may benefit from hiring a car accident injury attorney. The at-fault driver’s insurance company is not going to protect you or your rights. They are concerned about their insured driver and the shareholders they make money for, not ensuring you get the settlement you deserve.

Determining Who Is at Fault for a Car Accident

Legal claims from motor vehicle accidents are usually governed by the law of negligence. People who operate vehicles must exercise “reasonable care under the circumstances.” Failure to use reasonable care is considered negligence. As with other types of accidents, the driver at fault in a traffic accident is the one who was negligent.

Courts look to a number of factors in determining negligence, such as:

  • Disobeying traffic signs or signals
  • Failing to signal while turning
  • Driving above or below the posted speed limit
  • Disregarding weather or traffic conditions
  • Common Causes of Car Accidents

The vast majority of vehicle accidents on Arizona roadways are caused by driver error. Although driver distraction has received increasing public awareness because of the gruesome crashes, particularly those affecting teens, driver inattention is only one of many problems that plague people behind the wheel.

Driver Inattention – Driver inattention includes any situation in which someone’s attention is pulled away from the task at hand. This can include changing the GPS or radio station, talking to someone else inside the vehicle, applying makeup, eating, texting, reading and sending emails, and talking on the phone. All of these pull away the driver’s line of sight focus as well as the driver’s cognitive focus and increase the chances of a life-changing accident.

Drunk Driving – Another unfortunate cause of far too many serious and fatal car accidents is drunk driving. Being under the influence of alcohol or drugs impairs your judgment and ability to control a car and can put others at risk if an accident ensues. Avoiding car accidents caused by drunk driving begins with realizing when you are above your limit and when you should not get in the car.

Aggressive and Reckless Driving Increasingly – Driver aggressiveness or reckless behavior is being noted in police reports and insurance claims for accidents. Drivers who are frustrated by traffic or the actions of other drivers may engage in aggressive behavior that actually compromises the safety of everyone. Reckless driving, such as ignoring road signals and traffic laws, speeding, and cutting off other drivers, can increase the chances of a multi-car pileup. When another driver’s aggressive or reckless behavior is the root cause of your injuries, taking action quickly with the help of a lawyer is strongly recommended.

Common Injuries from Vehicle Accidents

A car accident attorney can tell you that the injuries affecting victims in a car accident can run the gamut from minor to severe. Severe injuries include:

  • Spinal Cord Damage
  • TBIs
  • Whiplash
  • Broken Bones
  • Chronic Pain
  • and more.

You may also suffer chronic pain for weeks or months even when you have received appropriate treatment. For a car accident victim in Arizona, the requirements to address their medical treatments often extend well into the future and can be prohibitively expensive for a victim who was not at fault for the accident. This is why personal injury law allows victims and surviving family members to pursue personal injury claims with the help of an experienced attorney.

Determining Who Is at Fault for a Car Accident

Legal claims from motor vehicle accidents are usually governed by the law of negligence. People who operate vehicles must exercise “reasonable care under the circumstances.” Failure to use reasonable care is considered negligence. As with other types of accidents, the driver at fault in a traffic accident is the one who was negligent.

Courts look to a number of factors in determining negligence, such as:

  • Disobeying traffic signs or signals
  • Failing to signal while turning
  • Driving above or below the posted speed limit
  • Disregarding weather or traffic conditions

Contact Brad Johnson Injury Law for Help

Consulting with a lawyer is a valuable exercise because it can reveal your eligibility to pursue an injury claim and may help you figure out your next steps. If you think your injuries from an accident were severe, we’re here for you – call Brad Johnson Injury Law today to learn more about Arizona auto accident recovery.

How Alcohol Affects Your Behavior

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While deaths related to driving under the influence (DUI) are at record lows, there are still far too many deaths related to alcohol. A good night out can quickly lead to a night of terror, destruction and death. But when you are having that good time, how can you know how much is too much?

Legal Limit for Your Blood Alcohol Concentration

In all 50 states, the legal limit for your blood alcohol concentration (BAC) is .08. This is still too vague to know how much is too much because a woman weighing only 120 pounds can reach .08 with only 2 servings of alcohol whereas a 180-pound man can reach .08 in 4. Let’s look at the science and feel of it all.

When you reach a BAC level of 0.020 a few subtle changes occur. At this level, the body starts to relax and experience a decline in visual function and the ability to multi-task. While this BAC usually occurs with only one serving of alcohol – the equivalent of one shot of liquor or a five-ounce glass of wine or one beer – in an emergency situation reaction times can be slowed.

When you reach a BAC level of 0.050 you can experience exaggerated behavior, loss of small muscle control, an inability to focus your eyes quickly, impaired judgment, and a release of inhibitions. This can reduce your coordination behind the wheel, reducing your ability to safely operate a vehicle. This is especially true in a high-risk or emergency situation.

Essential Items to Have in Case You are in a Car Accident

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Nobody expects to get into a car accident, yet they happen each and every day. It can happen when you’re on your way to and from work; it can happen on the way to church and it can even happen while you’re stopped at a stop light.

When that other car slams into you, the whole world stops. Most people just sit there for a moment, gathering their thoughts. They wonder if that really happened, they do a mental and physical check to make sure they’re not hurt, and it’s only after all that that they begin to wonder if the other driver is OK.

What to Keep in Your Car in Case of an Accident

It’s a very traumatic experience, no matter if it’s a small accident or a major one, and that’s why people don’t like to think about them. But you should give a thought to what you keep in your car in the off chance that you are involved in a car accident.

  • When you go over to the other driver, or drivers, to make sure they’re OK, it’s at this time that you’ll want to exchange insurance and contact information. Therefore, you must ensure that you keep your proof of insurance in your car. You might also want to keep a business card in your car so that you can easily hand over information the other driver can use to contact you. Also, it’s recommended that you call the police so that you can get a police report. The officer will also want to see your proof of insurance as well as your driver’s license. So the first thing you should keep in your car is your proof of insurance.
  • But what happens if the accident happens at night? Carrying a flashlight in your car is a good idea, even if you don’t expect to ever use it. A flashlight can be used to assess damage and also to assess any injuries that may not be visible in dim light. When you’re in an accident, your adrenaline is pumping and you may not feel injuries for some time afterward. A flashlight can be used to scan the bodies of each person involved so that you can ensure everyone’s OK.
  • It’s also a good idea to carry a first aid kit in your car in case of a car accident. You never know when you may need bandages, alcohol pads, or even scissors and all the other stuff that comes in one of these kits. New cars often come with these already included in the glove box. However, if you don’t have a new car, you can always buy an emergency kit at your local pharmacy.
  • Finally, you always want to keep jumper cables, a spare tire kit, a cell phone as well as the contact information for a good accident attorney. Give Brad Johnson Injury Law a call if you are involved in an accident – your free consultation could mean the difference between getting the compensation that is due you or facing the large insurance company on your own.

Again, nobody expects to get into an accident, but all of these things will help in case you ever find yourself sitting on the side of the road right after a jarring car accident.

How to Avoid a Staged Auto Accident

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You’ve probably heard of staged accidents, or seen them on television or in movies, but did you realize they really do happen?

Here’s the scenario: You’re driving along, everything seems to be ok, but then all of a sudden, out of nowhere, a car crashes into you in a parking lot. Perhaps the damage doesn’t appear extensive, and it seems obvious that the fault belongs to the other driver, but you find yourself accused of being at fault.

The National Insurance Crime Bureau reported that staged accidents were up 46% from 2007 to 2009, and the states with the highest staged incidents are Florida, New York, California, Texas, and Illinois. Arizona ranks 10th, high enough to cause concern.

What’s even more concerning about staged accidents is that often they are so well-planned that fake witnesses might be involved, additional passengers might claim injuries (people who weren’t even in the vehicle), and medical providers might prescribe treatments that really aren’t necessary – all for a nice payoff.

How can you avoid being a victim of a staged accident? Here are a few tips:

1. Call the police so they can write a police report. Do this no matter the extent of the damage.
2. Keep a camera with you and take pictures of the accident, the damage, and the people who were in the car who hit you. This is fairly easy to do now that many cell phones have a camera feature.
3. Take note of the number of people who were in the car who hit you. Get their names, phone numbers, addresses, and driver’s license numbers also. Don’t just focus on the driver.
4. Do not tailgate, as the driver in front of you may slam on their brakes for no apparent reason. This is an easy method for a scam artist to turn you into a victim.
5. If you require any medical treatments, keep careful records to make sure none of the treatment costs are inflated or fictitious.
6. Contact the Arizona Department of Insurance Fraud Unit if you suspect a medical provider, auto body shop, mechanic, or anyone else has committed fraud.

Nothing is worse than being in an auto accident and then finding out it was staged. Protect yourself.

How a DUI Conviction Can Impact Your Life

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Getting a DUI in Arizona is not for the faint of heart. Arizona has some of the toughest DUI laws in the nation. A DUI conviction will change your life. You can be facing fines and court fees ranging from $1,800 to $17,295; up to 180 days in jail or prison time; community service hours; up to 10 years probation; and loss of your driving privilege. A DUI conviction affects your criminal record, can affect your credit rating, can preclude you from many job opportunities, and can hinder your leasing an apartment or residence. Think about these facts the next time you have had too much to drink and before you get into a car to drive. A taxi ride is definitely cheaper and safer.

Types of DUIs in Arizona

In Arizona, there are numerous types of DUIs. The two main categories are felony DUIs and misdemeanor DUIs. Each of these has variants.

Felony DUIs

There are two types of felony DUIs, which are also called “Aggravated DUIs”.

  • A Class 4 felony Aggravated DUI carries with it mandatory prison time. A class 4 felony Aggravated DUI is when one gets charged with a DUI when he has had two DUI convictions within the previous 7 years or he gets a DUI when their driver’s license is suspended, revoked, or canceled.
  • A Class 6 Felony Aggravated DUI is when one is charged with a DUI and at the time of the driving had a person under the age of fifteen in their car.

Misdemeanor DUIs

The second category of DUIs is Misdemeanor DUIs. The penalties for Misdemeanor DUIs vary with respect to the amount of jail time and financial fees are dependent upon one’s blood alcohol content (BAC) and whether the DUI is a person’s first offense or second offense. Typically, as a person’s BAC goes up, so do the penalties. Also, the penalties are normally higher for a second offense than for a first offense.

  • A “Regular DUI” is when a person’s BAC is below 0.150.
  • An “Extreme DUI” is when a person’s BAC is at a 0.150, but less than a 0.200.
  • A “Super Extreme DUI” is when the person’s BAC is at or above a 0.200.

Again, as one’s BAC increases, so do the penalties.

DUI Conviction

Any conviction for a DUI carries with it mandatory jail time or prison. Anyone convicted of any DUI will have his driver’s license suspended or revoked. With any arrest for an Extreme DUI or an Aggravated DUI, the police can, and probably will, impound your car for at least 30 days. Anyone convicted of a DUI will also have to have the Ignition Interlock Device placed in any car he/she drives for at least a year.

What is an Interlock Device?

An Interlock Device is similar to the breath testing instruments the police use to determine a person’s BAC. You will be forced to blow into the Interlock Device, without alcohol in your system, in order to start your car. The results of each blow are recorded and that information is sent to the Motor Vehicles Department (MVD) and can be sent to one’s probation officer.

Contact an Experienced Attorney for DUI Cases

If you have been arrested for or charged with a DUI, it is important to get legal representation immediately. There are certain matters concerning the DUI and your driving privileges that must be dealt with within 15 days of your arrest. The attorneys at Brad Johnson Injury Law are experienced in DUI cases, are here to help you, and are available 24/7.

Key Steps to Follow When You’re In a Car Accident

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Chances are that you will be involved in a car accident at some point in your lifetime. It may be nothing more than a minor “fender bender” or it could be a serious accident.

There are ways to prepare yourself in case you do have an accident whether as a driver or a passenger.

Post-Accident Checklist

  1. Check for injuries. If anyone needs immediate medical attention call 911 for an ambulance.
  2. If you or anyone is severely injured, do not move. If you are able to safely exit the vehicle, do so immediately.
  3. Call 911 and report the accident to the police.
  4. While you are waiting for the police to arrive, sit down and remain quiet. While you may not feel much pain, you could be injured. Walking, bending or lifting can make your injuries worse.
  5. While you are sitting, go over what happened. Get the facts clear. How fast were you going? Where were you? Did you have your turn indicator on? Make some written notes if you can. Do not talk to anyone except the police about the facts of the accident.
  6. If there are witnesses, ask them for their names and phone numbers. They may be able to help establish liability (who is at fault).
  7. You may have rights that you don’t know about. We can answer your important questions at 602-650-1200 or toll free at 1-877-96-LEGAL.