Zachar Law Blog

Personal Injury Myths: What's fact, what's fiction?

Lawyers play a vital role in our society today. Why is the car you drive safe? Why is the food you eat safe?  Did you know that lawyers and lawsuits are the prime reason?

It is important to know the difference between the myths and facts about personal injury lawyers.  Jokes aside, we can worry little, rest easy and enjoy the food we consume, the products we buy and the places we go.

Here are some of the most common myths regarding personal injury law:

“I have insurance, so I don’t need to consult with a personal injury lawyer.”

Ummm…what? What does having insurance have to do with not needing legal help? And, in fact, if you have to deal with any insurance company, odds are that you are going to need an attorney.

“Hiring a personal injury attorney is too expensive. There's no way I can afford one.”

Completely not true.  Most if not all personal injury lawyers will represent you on a percentage of the recovery, with no out of pocket at all from you. Under this arrangement, you can’t afford to not retain a personal injury lawyer for your case.

“My injury claim is too small to need a personal injury lawyer.”

Again, likely untrue. No matter how small, you can likely find an attorney to help.

“My case will take too long to finish and I’ll never end up with compensation.”

It is true that your case may take some time—months for sure, maybe longer.  That is no reason to not pursue your legal rights.

“Personal injury lawyers don’t care about me; they only care about one thing, money.”

I cannot speak for all injury lawyers, but I can speak for most: This is just not true. Maybe the big advertising attorneys care more about the money because they need it. 

Lesson:  Avoid the advertising attorneys.

“The larger the firm, the larger my settlement will be. I shouldn’t work with a small firm.”

That is 100% wrong.  Ever hear the phrase “We’re No. 2, we try harder?” Yep. The big firms are arrogant.  The little ones have something to prove. Guess who wins? Yep. You do.

These are just a few of the most common myths that are associated with personal injury law in Phoenix, Arizona. Personal injury can be very complex. There are many variables involved, complex dealings with insurance companies, and much more. Make sure you get the facts. Stop guessing.

 

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What does "Due Process" mean in personal injury law?

Personal injury law can be very complex. One of the many questions often asked is, what is "due process" and how is it relevant to personal injury law?

Below is a very basic breakdown of what due process is and how it's meant to help you when filing a personal injury claim.

 

1 - File the papers in court;

 

2 - Give to a registered process server to go out, find the other drivers and hand the papers to them (this can take some time).

 

#2 is what is called “due process”.  Due Process simply means 1) notice of the action against them and 2) the opportunity to be heard.

 

Due process is required in every case by the US Constitution. You cannot take a legal action against another unless they know of it and have the opportunity to defend themselves.

 

This is only one step in the timeline of a personal injury case. There are many variables involved. This is why it's crucial to hire the right personal injury law firm to protect your rights. Stop guessing. Get facts.

 

Related: What is the personal injury process?

Related: Do I have a personal injury case?

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5 of the most common questions personal injury lawyers are asked.

What does a "free consultation" really mean when meeting with a personal injury lawyer?

What exactly is a free consultation when you meet with a phoenix personal injury lawyer?

Are there any hidden fees? What does the consultation consist of? What should I bring with me to the consultation?

A free consultation with our firm means that you get to talk to one of our attorneys, either in person or over the phone. The attorney will first review the viability of your claim, while also explaining what a personal injury claim entails and how we can help.

We can help on a number of levels, including helping with one’s property damage; help get medical care (with providers that will wait for payment if necessary); help navigate health insurance (if applicable); help document out of pocket expenses such as lost income, etc.  We will explain the process of negotiating a settlement upon completion of medical treatment.

Since some cases do not necessarily settle for one reason or another, we also discuss the prospects and process of litigation in the event that were necessary. This is an important consideration since some attorneys and firms do not litigate their own cases.

In fact, besides handling our own cases, we also litigate cases for a number of other firms when they cannot negotiate a fair and reasonable settlement.

There is no charge for the free consultation. We will also explain how we are paid on a contingency fee basis, and what that means. Basically, if you retain our services, you will never reach into your pocket to pay us.

We advance all costs necessary to pursue your claim and reimbursement of our costs, as well as payment of our fee, comes from the settlement or recovery. If there is no settlement or recovery, you owe us nothing.

In fact, subject to a very few situations, we will reduce our fee however much is necessary to ensure that it does not exceed your in-pocket net recovery after payment of attorney fees, costs, and medical bills.

If you do schedule a free consultation, please bring any and all injury related paperwork to the consultation. This includes any available police reports, photographs, medical records and bills, Health Plan cards, auto insurance information (for you and the adverse driver), adverse driver information, witness contact information, etc. Also, consider seeking your free consultation before you speak to any adverse insurance adjusters.

Related: How much will my personal injury case cost me?

Related: What does a certified specialist mean?

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5 of the most common questions personal injury lawyers are asked.

Why should I use my own insurance (health or auto) if the other driver is at fault?

Just how dangerous are the "suicide lanes" in Phoenix?

The term "suicide lane" doesn't exactly conjure an image of safety.  More aptly referred to as a “universal turn lane”, it is still a big time danger on the road unless used as intended.

For the most part, these lanes should be used for left turns only.

However, Arizona allows the universal turn lane to be used as a stopping point for cars to merge into their intended direction of traffic flow.  However, the lane is NOT to be used as a “get up to speed” lane. 

What about the daily drive reversible lanes on 7th Avenue and 7th Street in Phoenix?  What are the rules here?  These reversible lanes can be hazardous to navigate if you aren't well-versed in the rules of those roads.

Heck, even if you know exactly what you're doing, driving in the reverse lanes is somewhat unnerving, with cars whizzing past in the opposite direction just feet away with no barrier.

Here are the rules, as clearly displayed on the signs above the lane:

-6-9 a.m.: Southbound traffic can use the lane as a travel lane;

-4-6 p.m.: Northbound traffic can use the lane as a travel lane;

-At all other times, the lane is for left turns only (and per above, a merge point).

The lanes are not to be used for left turns during the 6-9 and 4-6 time frames, but that does not seem to stop people from doing so.  Also, the existent of the lanes does not seem to deter people from stopping in the opposite way travel lane to make a turn, blocking traffic behind them.

Is this permissible?  Well, per the City of Phoenix's website, making left turns into driveways and parking lots is permitted, with a clear zone and avoiding impeding the traffic flow.  Again, these restrictions don’t seem to stop people from continuing to make left turns when and where they want.  Often, car crashes occur.  Be careful.

Do the Phoenix Police monitor?  From my personal observation, not really.  This should not give you leave to do what you want, it is still up to the discretion of the officer on patrol, but I have seen a good many people stop in the universal turn lane and the travel lanes, Phoenix Police in the area, and ignore the movement.

The final say:  Use your own discretion, pay attention and be careful. 

Related: Everything you need to know about car accidents in Arizona.

Related: Do I have a personal injury case? Tips on how to determine if you do.

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A World Of Self-Driving Cars Is Coming (Are You Okay With This?)

I like to drive. I enjoy feeling the acceleration and being in control of my vehicle. The concept of being driven by a computer seems a bit odd.

However, driverless cars are coming.  A few states have already made them legal.  The research, thus far, looks very positive.

Did you know that 90% of all crashes are caused by driver error?  Perhaps then, if we remove “drivers” from the equation, crashes will decrease by 90%?  Is this possible?

According to  reports, as carmakers automate more aspects of driving, crashes will likely decrease significantly.   If this occurs, car owners will need less insurance coverage, and rates will drop substantially.  Some experts estimate that premiums could drop as much as "60 percent in 15 years."  (Sidenote:  Do we really think the auto insurance companies will allow this to happen??)

Question: Who is responsible if a crash occurs with a driverless vehicle – the manufacturer or the vehicle owner?  This is the ongoing debate that fuels speculation.

However, this issue now looks as though it has been resolved.  Mercedes, Volvo and Google all say that THEY will assume responsibility for crashes caused by their driverless vehicles.  Wow – talk about putting your money where your mouth is.

When is this likely to occur?  Certainly it will be a slow transition, and full integration is still decades away.  But is there technology that can help decrease car crashes now – short of driverless cars?  Yes, there is.

Modern technology exists to help drivers minimize or avoid crashes altogether.  It is known as “advance collision warning technology”.  It is relatively simple, and very much like the driverless cars, it works.

It does not take the human driver out of the driver’s seat, but rather, helps the driver by warning him/her of an approaching object and even assisting the vehicle in braking to avoid a crash.

Is it common?  Well, BMW has been using the technology in its vehicles since 2006.  The concept: When sensors in your car detect an object or vehicle within its protection zone, it warns the driver.  This can occur in a variety of ways:

1. A light vibration of the steering wheel;
2. A light vibration of the driver’s seat;
3. Lights that flash;
4. A warning sound that alerts the driver;
5. An automated voice that lets you know something is about to happen;
6. Automatic braking to slow your vehicle, in conjunction with driver warnings to advance the braking to avoid a crash.

The cost of implementing these measures into all cars has become much more affordable over the years.  Why then aren’t we seeing it?  The simple answer to this is that auto manufacturers have placed profits over safety.  Currently, it is only installed in the highest-end models of vehicles, with – yes, you guessed it, a high price tag.  When questioned about it, the manufacturers contend it is expensive and cost prohibitive (although they have yet to divulge the per unit cost of the hardware). 

Likely the initial research and development was pricey, but like all technology, the hardware cost per unit is extremely affordable – for everyone.

The manufacturers also say that it is annoying, that people don’t want it because they “don’t want to be annoyed”.  Really? 

As a recent purchaser of a vehicle with the advance collision warning technology, I can honestly say that the warning system is anything but annoying.  It is quite subtle, in fact – a gentle reminder to pay attention to the road.

With all of the distractions we have now, with cell phones and texting, especially for young drivers, I believe that we need all the help we can get.  Advance Collision Warning Technology works.  Indeed, it is truly these systems which make driverless cars even possible. 

Is this scary? Yeah, a bit – you are trusting a machine to do your looking and thinking for you.  But all tests prove that it works.  Recently, to test the technology, a fully-loaded Budweiser beer truck was operated driverlessly in Colorado, making a delivery 120 miles from the brewery to a retail location.  Per all reports, the trip was flawless.

The technology is coming.  We welcome any systems which help reduce or prevent crashes, injuries and deaths.  Honestly, who wouldn’t?

Related: Who's at fault if you're involved in a car crash with a self-driving car?

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