In many lawsuits, successfully winning a settlement depends at least in part on proving some kind of negligence by the party being sued. In any Arizona personal injury lawsuit, wrongful death lawsuit or product liability lawsuit, convincing the court that negligence occurred is an important element of establishing the defendant’s liability and legal obligation to pay damages. Negligence, however, can’t be defined in a way that makes it easy to determine in every case whether or not the defendant was negligent.

In law dictionaries, the simplest definition of negligence is something along the lines of “failure to use reasonable care.” A more complete definition would be “doing something that a reasonably prudent and careful person would not have done in similar circumstances, or the failure to do what a reasonably prudent person would have done under similar circumstances.”

Obviously, such definitions immediately raise the question of “What do the words reasonable, careful and prudent mean in practice?” Outside of a legal setting, people’s honest opinions of what constitutes “reasonable” behavior in a given situation naturally vary. In an adversarial legal proceeding, a defendant will obviously always argue that his or her actions were reasonable and sufficiently careful or prudent.

Thus, even if the basic facts in a lawsuit are not in dispute – that is, both sides more or less agree on the same version of the events that led up to the lawsuit – the judge or jury will have to decide whether the defendant’s actions, or lack of action, constitute negligence. Not even a legal professional can claim to know for certain what a judge or jury will ultimately decide, but an experienced attorney can evaluate a client’s case and advise him or her on the likelihood of winning a settlement.

If you feel that you’ve been harmed by the negligent action of a person or persons, or of a business, government entity or other organization, call the Mesa personal injury lawyers at Skousen, Gulbrandsen & Patience, PLC, at 480-833-8800 or 800-501-2782. The attorneys at SGP Law offer a free initial consultation to prospective clients, and can apply their expertise to your Arizona personal injury case, wrongful death lawsuit or product liability lawsuit.

Imagine you or a loved one suffering a serious personal injury in one of these frightening scenarios:

• You are drying your hair before work when suddenly you receive a nasty shock. You try to let go of your hair dryer, but it seems to be stuck to your hand. You realize you are being electrocuted and end up in the hospital for treatment.
• You purchase a brightly painted of wooden blocks for your baby to play with. A few weeks later, you notice that she doesn’t seem to be acting normally. You take her to be checked out by your pediatrician, and after some tests are run, you are eventually told that she is suffering from lead poisoning. After some investigation, the paint that has been chipping off your baby’s new blocks is found to contain lead.
• You’re out on your motorcycle for a pleasant ride on a winding country back road. As you approach a sharp turn and try to brake, your bike fails to slow properly and you wind up riding off the road into a tree. Luckily, your helmet has saved you from death or brain injury, but as a result of this motorcycle defect, you suffer broken bones and other painful injuries that will cost a small fortune in medical treatment.

These are three examples of a situation when you should immediately hire a product liability lawyer to hold the manufacturer of a dangerous and defective product accountable. The victim in each of these scenarios should be entitled to compensation for the medical costs incurred directly as a result of these incidents, as well as restitution for pain and suffering. An attorney with experience in such product liability lawsuits is a necessity to ensure that the victim receives every dollar to which he or she is justly due.

Such product liability cases can be tricky, however. The manufacturer of the defective product will certainly have its own team of lawyers with two goals: keeping your case from going before a jury, and expending the lowest amount of money reaching an out-of-court settlement. For that reason, you need your own personal injury lawyers fighting at your side. They will help to build your case to prove product liability and to get you a fair and proper settlement that will adequately cover your medical expenses and more.

If you or a loved one has been injured as a result of using a defective product, contact The Law Offices of Skousen, Gulbrandsen & Patience PLC. The attorneys at SPG Law have decades of experience with product liability cases, as well as all with other types of personal injury cases. Contact Skousen, Gulbrandsen & Patience today at 480-833-8800 or toll-free at 800-501-2782.

Disclaimer: The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

Driving under the influence, commonly known as DUI, is a serious offense in Arizona. A DUI charge or conviction can cause your license to be suspended and your vehicle to be impounded. Worse than that, DUI can land you in jail and can put you in dire need of an Arizona DUI lawyer.

Many people feel as if a DUI arrest is something that could never happen to them. People often convince themselves that they aren’t that impaired by alcohol, and continue to drive after having one drink too many. Other Arizonans are more conscientious and try to find alternatives to operating their car or truck while intoxicated. That approach sounds sensible and responsible, so you may be shocked to learn that even some “safe” alternatives to drunk driving can lead to a DUI arrest. How? Read on.

Operating other vehicles, motorized, non-motorized – and hay-powered

Again, DUI stands for driving under the influence, and that can mean driving any motorized vehicle or, in some cases, using other modes of transportation that aren’t motorized at all. Crazy as it sounds, people have been charged with DUI for operating lawnmowers and even electric wheelchairs while impaired. In a few cases, people riding bicycles or even horses under the influence have been charged with DUI.

Behind the wheel – and “in control”

If you realize that you’re too impaired to drive, pulling over to the side of the road is the safe thing to do, right? Well, pulling over certainly may save you from causing an accident resulting in the serious injury or death of another driver, or even yourself. But getting off the road might not save you from a DUI charge if you’re still sitting behind the wheel of your vehicle. Arizona criminal lawyers have worked many a DUI case where the arrestee was charged for being under the influence while simply sitting behind the steering wheel of a parked, non-running car. Technically, the police can assert that a person in such a situation is still “in control” of the motor vehicle in violation of the law. And it’s worth pointing out that full Arizona statute actually makes it “unlawful for a person to drive or be in actual physical control of a vehicle” while under the influence (emphasis added). So despite the fact that we use the common shorthand expressions “DUI” and “driving under the influence,” you really don’t even have to be driving to be charged with DUI after all!

As an impaired passenger

Believe it or not, you may even need to think twice before letting a more sober friend or designated driver transport you home after a night of drinking. If you’re under the influence while riding as a passenger in a car that belongs to you, the police may still deem you as being legally “in control” of the vehicle. Granted, being cited for DUI in this situation is rare, and competent criminal DUI lawyers can usually get such a charge dismissed, but it does happen. Experienced Phoenix DUI attorneys have also encountered cases where a drunken passenger has grabbed the steering wheel, caused a crash, and was then booked on a charge of DUI.

The Mesa law firm of Skousen, Gulbrandsen & Patience, PLC has some of the best Arizona criminal DUI lawyers in the Valley. They can help you fight an unfair or particularly harsh DUI charge. We also have some of the best personal injury attorneys and car accident lawyers in the Phoenix metro area. Skousen, Gulbrandsen & Patience has been serving central Arizona for more than 50 years. Give us a call today at 480-833-8800 or 800-501-2782 to consult with one of our knowledgeable attorneys about your case.

Disclaimer: The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

Almost every traffic accident results in some property damage. If you’re involved in an accident and the other driver was at fault, getting compensated for your loss shouldn’t be very difficult, provided the other party carries vehicle insurance through a reputable company.Even so, an experienced car crash attorney can be helpful in ensuring that the costs of your repairs are fully covered.

Accidents resulting in bodily injury, however, are much more serious. And because the stakes are much higher, it can be inordinately difficult to recover adequate compensation for a personal injury claim arising from a motor vehicle accident. An experienced and aggressive personal injury lawyer can be of great value in reaching a fair monetary settlement that will cover not only your immediate medical expenses, but also your future medical expenses and compensation for your pain and suffering as well.

Any time you are involved in an accident, you should at least consult with an accident attorney. Here’s why:

• You may not realize the extent of your injuries or have the expertise to project what they will cost over your lifetime in terms of medical care and lost wages.
• Outrageously enough, the at-fault driver could actually attempt to sue you for damages. Accident attorneys can protect you from such frivolous claims.
• Even if you did not suffer serious injury, you may still be entitled to more than the insurance company initially offers, especially if you went to a hospital to be examined or for observation. Accident attorneys will fight for every dime that is rightfully yours.
• If a death results from the accident, an accident attorney can pursue a wrongful death judgment to make sure that you and your family are financially taken care of during what will be an emotionally very difficult time.
• If an accident is caused by a government employee driving a government vehicle in the performance of his or her duties, there may be a claim of immunity. Accident attorneys can determine whether the government entity involved really can be held liable for your injuries or not.

If you’ve been involved in motor vehicle accident, contact The Law Offices of Skousen, Gulbrandsen & Patience PLC immediately at 480-833-8800 or 800-501-2782. Our experienced accident attorneys will fight on your behalf for the justice you deserve.

Every driver dreads seeing flashing police lights in his or her rear-view mirror. A common first reaction, especially for a driver who doesn’t think that he or she has committed any violation of the law, is that the officer must be targeting another vehicle. However, a prompt and proper response is essential if you find yourself being tailed by a police car with its lights blazing. Your initial reaction to the situation could play a big part in determining whether you are let off with a warning, issued a citation or even wind up in trouble serious enough to require the services of a traffic attorney or criminal DUI lawyer.

It’s important to remember that from a police officer’s point of view, every traffic stop has the potential to turn into a deadly situation. No matter how law-abiding you may be, the officer doesn’t know anything about you and must make judgments based solely on your observed behavior and demeanor. Police can be “on edge” during a traffic stop, and every indication of compliance you show puts the officer at ease, which may then positively affect his or her subsequent handling of the encounter.

Starting off a traffic stop right means pulling over promptly, as soon as you see the police lights. Begin by slowing down immediately, below the posted speed limit, and activating your right turn indicator. That way, you’ve acknowledged the officer and literally signaled your intent to comply. The officer will then be assured that you don’t intend to flee.

After signaling, pull off the road completely in the first place in which it’s safe to do so. (In theory, an officer will not activate the red or blue flashing lights unless he or she has already determined that you’re in a spot where pulling over safely is possible.) Besides putting the officer further at ease, pulling over promptly has an advantage for you as well. By being near the spot where the officer may allege that you’ve committed a violation, you have a better chance to assess the allegation and look for such mitigating factors as obstructed views of signs or of other traffic.

Pull off to the right as far as possible. The officer needs room to safely approach the driver’s side of the vehicle and speak to you through the window. A major worry of police officers during traffic stops is being struck by another vehicle, which is a far too common occurrence. One study by the Ford Motor Company showed that such police pedestrian deaths account for 9 percent of officer fatalities.

If you’re driving on a busy road with inadequate room on the shoulder, it’s OK to pull off on the first side street available. Just be sure to go far enough down the street to allow room for the police officer to pull his vehicle in behind you. If you must pull into a parking lot, pull alongside the curb of the lot, rather than pulling into a parking space. To afford themselves maximum safety, officers are trained to park their vehicles in a certain position relative to the vehicles they’re stopping. If you’re in a parking space, chances are that the officer will be forced to park his or her vehicle in a way that will impede traffic flow in the parking lot – again, not a situation that will put the officer in the best mood.

Following these rules will at least set the stage for a more positive encounter with law enforcement. If you do find yourself in need of legal representation as a result of a traffic stop, or if you are involved in a traffic accident, contact The Law Offices of Skousen, Gulbrandsen & Patience PLC at 480-833-8800 or 800-501-2782. We’ll fight for your rights and for the best possible outcome to your case.

Disclaimer:

The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

At times, driving can be a frustrating experience. Traffic, road construction and other drivers are all common sources of aggravation for drivers. And for many behind the wheel, driving frustrations can lead to aggressive driving. Aggressive driving is defined as driving with contempt, leading to speeding, tailgating (following too closely behind vehicles), weaving in and out traffic and other acts of aggression on the road. Unfortunately, engaging in these road rage-fueled driving practices puts drivers at a greater risk for auto accidents. In fact, according to a study conducted by the AAA’s Foundation for Public Safety, 56 percent of fatal auto accidents in the U.S. are caused by aggressive driving behaviors. This statistic alone is enough to know the dangers to which driving aggressively can lead.

Nearly every driver must put up with potentially annoying situations on a regular basis. Even when experiencing anger, hostility or anxiety while driving, it’s important to find appropriate ways to cope with these feelings instead of taking them out on the road. Here are a few ways you can reduce or even prevent aggressive driving:

· Avoid showing irritation. When dealing with angry drivers, it’s best to keep calm and not engage in any aggressive behaviors. Yelling, making rude gestures or even shaking your head at other drivers can make tense situations worse and even lead to altercations with other drivers.

· Observe the posted speed limit. Even if you’re running late, resist the urge to speed. Speeding can not only lead to costly traffic tickets, it puts you at a much higher risk for accidents.

· Limit distractions. Talking on your cell phone, texting, eating, etc. take your attention away from the road, making you more likely to find yourself in an accident. Instead, concentrate on the road.

· Maintain a safe distance between other cars on the road. Tailgating increases your risk of an accident. Keep at least one car length per 10 miles per hour of speed between your vehicle and the vehicle in front of you.

· Plan ahead. A common cause of aggressive driving is failing to plan enough time to travel safely from one place to another. Avoid the anxiety of rushed driving by allowing plenty of time to get to your destination, even in the case of traffic, road construction or other unexpected delays.

· Find ways to relax. Make your drive more pleasant by engaging in non-distracting activities that put you at ease, such as listening to music or an audiobook.

· Use public transportation. Whenever possible, take the pressure off yourself and let someone else do the driving. What’s more, taking the bus, train or other mode of public transportation is inexpensive and less taxing on the environment.

If you’ve been involved in an auto accident, you can rely on the expertise of Skousen, Gulbrandsen & Patience to help guide you through what can be a difficult situation. To talk with one of our Phoenix accident lawyers today, call (480) 833-8800 or toll-free 1-800-501-2782.

Whether you become stranded on the road because you ran out of gas, blew a tire or got into a serious auto accident, having a few essential items on hand can make all the difference in a crisis. That’s why it’s important to store a well-stocked roadside emergency kit in your vehicle at all times. The following are a few things you might want to consider for your roadside emergency kit:

• Basic first-aid kit – large and small adhesive bandages, sterile gauze dressings, anti-septic towelettes
• Booster/jumper cables
• Bungee cords
• Cable ties
• Duct tape
• Electrical tape
• Pliers/wire cutters
• Screwdrivers – Phillips and flat head screwdrivers
• Rain poncho
• Emergency flares
• Tire gauge
• Jack
• Lug wrench
• Shop towels
• Multi-function knife
• Gloves
• Blankets
• Reflector triangle
• Flashlight
• Batteries

There are several pre-packaged emergency kits with all these items on the market, such as this 73-piece kit from AAA and Lifeline First Aid. In addition to the typical roadside emergency kits items, you might want to make sure your car is stocked up with these helpful items:

• Cell phone charger
• Non-perishable food
• Water
• Pain relievers
• Roadside assistance phone number
• Spare cash and change
• Pen and pad of paper
• Disposable flash camera
• Change of clothes
• Windshield scraper

Just like an emergency roadside kit can save you in a pinch, having an experienced, knowledgeable personal injury lawyer on your side can help protect your rights and recover losses stemming from an accident. The car accident lawyers at Skousen, Gulbrandsen & Patience in Mesa have more than 50 years experience handing clients who have been in auto accident. Contact us today for a free initial legal consultation.

In 1933, Arizona car buyers had a new option to consider if they were purchasing a Ford – a car radio pre-installed at the Ford factory. No doubt the first Arizona auto accident caused by a driver fiddling with the radio knobs was soon to follow. Within a few decades, drivers could play tapes or records in their automobiles if they wished. These were the beginnings of a new type of distracted driving.

“Distracted driving” has become the term of choice for the practice that could be called “driving while paying attention to something else.” And of course, it is a practice that has existed since the invention of the automobile, and even before. After all, even the driver of a horse and buggy could compromise road safety by reading, having a snack, or putting on makeup while in motion. But electronic technology and the perceived need to stay connected at all times seem to present a much greater temptation to today’s motorists.

As a glance at the news will show, the recent explosion of mobile devices has led too many drivers to take unacceptable risks with their lives and the lives of others. Serious Arizona car accidents involving a driver distracted by an electronic device are a regular occurrence. Today’s motorists have a wide range of devices that can potentially divert their attention from the road – cell phones, smart phones, PDAs, laptop computers, GPS navigation units, MP3 players or even in-car DVD players.

The most commonly criticized form of distracted driving is texting while driving, which studies have shown to be more dangerous than driving drunk. Driving while “intexticated,” as a recently coined word calls it, is supposedly frowned on by the vast majority of people. A 2010 poll showed that 97 percent of Americans supported a ban on texting while driving. It’s hard to imagine that only 3 percent of the population has ever engaged in this activity, so even many drivers who oppose the practice probably occasionally give in to the temptation to do it anyway. This goes to show the seductive power of these devices, and how easy it is for drivers to fool themselves into thinking that the distraction they cause isn’t too bad, maybe just this once.

The statistics are clear, however. In 2009, 16% of auto accident fatalities resulted from accidents that involved distracted driving – well over 5,000 deaths nationwide. A 2011 study estimated distracted driving was a factor in up to 30 percent of recent car crashes. With lives literally at stake – not to mention severe bodily injury, property damage and fines or even jail time – it’s foolish to take unnecessary risks like operating electronic devices while driving. Follow these tips:

• Don’t make or take calls while driving – even though drivers can keep their eyes on the road while talking, studies have shown that phone conversations distract the brain from the important driving task at hand. That’s true even when a hands-free set it used.
• Just say no to distracted driving! Make a pact with family and friends to refrain completely from this practice. If necessary, put electronic devices out of reach while driving to avoid temptation.
• Consider installing anti-texting software in your family’s phones. These apps disable a phone’s ability to display, send or receive texts when it senses that it’s in a moving vehicle.
• Support public awareness campaigns that work to end distracted driving, and let your state and city leaders know that you support laws banning texting while driving

If you have suffered the consequences of distracted driving, or if you are involved or injured in any kind of serious auto accident, it’s in your interest to contact a lawyer as soon as possible. Hiring an experienced Arizona car accident lawyer is one of the most important things you can do to protect your rights. Call the knowledgeable car accident attorneys at Skousen, Gulbrandsen & Patience, PLC at 480-833-8800 or 800-501-2782 for a free consultation.