In a pet-friendly state like Arizona, you’d be surprised to learn that we have some of the strictest animal laws in the country. Failing to uphold these laws can result in hefty fines or worse—the loss of your pet. If you’re a dog owner and you’re moving to a city like Phoenix or Mesa, or you already live in Arizona and have recently purchased a pup, these are the Arizona dog laws you should be aware of.

Animal Care and Control by County

Saying that the state of Arizona values pet and animal life is definitely an understatement. Each county in the state has its own Animal Care and Control Department that cares for pets, strays, and everything in between.Your county’s Animal Care and Control Department oversees:

• Stray dogs
• Pet adoption
• Dog licensing
• Leash law violation
• Animal surrender
• Lost and found pets
• Pet attacks by wildlife
• Rabies vaccinations and microchipping

Any legal action was taken for or against your pet, such as dog licensing or paying pet-related fees, will likely occur through your county department. Fees paid to the department are all funneled back into operating costs. Providing shelter for abandoned animals, low-cost vaccinations, and care for pets attacked by wildlife are all examples of citizen-funded services that the department provides.

Anti-Rabies Vaccination Requirements for Dog Owners

Bringing a new pet into your home is a very exciting time, but it’s important to not forget about Arizona vaccination requirements. Vaccines not only protect your dog and family from diseases like rabies, but they also safeguard other furry friends and neighbors in your county.

Arizona revised statute A.R.S. § 11-1010 details very specific vaccination requirements for dog owners, including:

• No dog can be licensed unless it is vaccinated for rabies
• A licensed veterinarian must complete the vaccination
• A duplicate of the rabies vaccination certificate must be transmitted to the county enforcement agent within two weeks of vaccination.

Bear in mind that if you’re moving from out of state, your pet’s current vaccinations must be up-to-date.

The Importance of a Dog License in AZ

Once your dog has received its vaccination, it’s time to dive into dog registration in AZ.

State law A.R.S. § 11-1008 says that all dogs over 3 months of age must be licensed with the county. This process can take place via your county’s Animal Care and Control website or in-person. Licensing fees do vary by county, but most counties offer a discounted rate for dogs who have been spayed or neutered or to owners 65 years of age and older.

Registering your pet establishes you as their owner and helps the county reunite you with your dog should it get lost. Not to mention, the fees paid during licensing support your local county, ensuring they can board and nurture your pet if it ever becomes lost or injured.

Dog owners need proof of current rabies vaccination before licensing their pet, including:

• A vaccination certificate signed by a licensed veterinarian
• Date vaccination was given and how long it is valid
• Type of vaccine used (MLV or Killed)
• Vaccine manufacturers name
• Serial or lot number

Once licensed, the county will provide a durable dog tag that lists the name of your county, your dog’s license number, and the year it expires.

If you’re moving from out of state, your dog still needs to be licensed with your county. To do so, you must present a vaccination certificate signed by a licensed veterinarian.

The vaccination certificate must also include your pet’s description, the date of vaccination and type, as well as the manufacturer and a serial number of the vaccine used.

Arizona Pet Laws for Service Animal Licensing

In addition to guidelines for registering a house pet, state law A.R.S. § 11-1008 also dictates Arizona pet laws for service animal licensing. The law states that a county may not charge a license fee to individuals who have a disability and who use a service animal, law enforcement personnel that trains a service animal, or an individual who uses a search and rescue dog.

In order to take advantage of this law, the individual using a service dog must sign a written statement. Anyone who signs a false statement is guilty of a petty offense and will be charged a maximum fine of $50. For more details on registering a service dog, visit your county’s Animal Care and Control website.

Arizona Leash Laws for Pet Owners

It’s anticipated dog owners will take their pets for a stroll in the beautiful Arizona sun. But before gearing up for a walk or a trip to the park, it’s important to be aware of Arizona leash laws. For one, your dog cannot be off your property unless it’s restrained by a leash. While you’re out, your dog cannot be left tied to a rope or cable outside.

Likewise, your pet is forbidden from entering a public park or public school property unless it is wearing a leash or secured in a car or cage. When playing on your property, dog laws in AZ state that it must be kept in an enclosed yard.

How Does Arizona Classify a Dog-at-Large?

While it may not seem like a big deal to you, Arizona law looks down upon dog owners who let their pets roam freely. Though you know your dog’s behaviors and training, the rest of the public is unaware of their tendencies, and they may view your dog as a vicious animal. Therefore, whenever your dog is not confined by a fence or kennel or is not on a leash when in public, it is considered a dog-at-large.

More simply, this just means your dog has no restraint in place. Dogs are never permitted to be at-large in public places, such as public parks or on public school property. For the most part, an at-large dog is treated as a petty offense. However, if your pet is unrestrained and injures a person or property, you will be liable for personal injury or property damage costs.

Arizona Pet Laws for Impounding

If you’re a loving dog owner and borderline-obsessed with your pet, impounding is likely the last thing on your mind. However, a decent fraction of licensing fees go towards pound maintenance in your county, so it’s to be assumed there are impounding laws as well.

Essentially, Arizona revised statute A.R.S. § 11-1013 states that any dog-at-large without an owner or stray dog found in the county must be impounded. Stray animals impounded and not eligible for a sterilization program are typically kept at the county pound for a minimum of three days. Though, the pound will keep a stray for five days if it has a microchip or is wearing a license.

Impounded pets can be reunited with their owners, so long as there’s proof of the dog’s license and the owner pays the county’s impounding fee. If a pet is not reclaimed within the impoundment period, the county may place it for adoption. Here it can be purchased by another individual, but the new owner of the dog must comply with licensing, vaccination, and fee requirements.

If the pet is sick and/or spreading disease, a county is within its power to humanely euthanize the animal.

Understanding Arizona Dog Bite Laws

Dog bite law in Arizona is taken very seriously. Unlike states that have a “one free bite” rule, Arizona has what’s called a “strict liability” law. This means that the owner of a dog that bites someone is immediately liable to the bitten individual, no matter the previous or current circumstances.

A.R.S. § 11-1025 states that strict liability applies regardless of:

• The dog’s prior viciousness
• Any intent to harm
• If the dog was on the owner’s property, public property, or private property
• If the owner took proper care to keep the dog enclosed

The only possible defense against a dog bite is that the dog was provoked. This means that the actions of the bitten individual were threatening to the animal and would have merited self-defense on the part of the dog. For example, if the individual attempted to hit or hurt the dog, and the animal responded by biting the individual, it could be argued that the dog was reasonably provoked.

Defining an Aggressive Dog According to Arizona Pet Law

According to Arizona pet law, an “aggressive dog” is defined as any dog that has bitten a person or domestic animal. An aggressive dog is also an animal that has a known history of attacking people or domestic animals without provocation.

A.R.S. § 13-1208 dictates that the owner or individual responsible for an aggressive dog must take reasonable care to prohibit the dog from escaping the owner’s property or enclosed area. Failing to do so results in a Class 1 misdemeanor, regardless of if the dog bites an individual while at-large.

What are the Legal Repercussions of a Dog Bite?

Though the legislature surrounding strict liability for dog bites is very straightforward, the legal repercussions of a dog bite are not as simple. Consequences for an owner of a dog that has bitten a person varies depending on if the dog was already deemed aggressive.

If the owner of a non-aggressive dog fails to control their pet in a manner that prevents an animal bite or attack, the incident is considered a Class 1 misdemeanor. Any dog owner who knows or has reason to suspect aggression from their dog or whose dog has a history of biting and causing injury without provocation can be charged with a Class 5 felony if the dog attacks. If an aggressive dog escapes a residence or enclosed area and bites while at-large, it is considered a Class 3 misdemeanor.

Any person who intentionally or knowingly causes a dog to bite or inflict serious injury to a person, not in a line of self-defense, can be charged with a Class 3 felony.

However, bear in mind that these laws do not apply to police or military dogs that bite in self-defense or while assisting law enforcement.

1-Year Statute Of Limitations for Dog Bite Cases

Most offenses have a maximum time after the event within which legal proceedings can be initiated. This is called the statute of limitations. Typically, personal injury cases have a statute of limitations of two years.

However, because dog bites fall under the umbrella of strict liability, the statute of limitations is restricted to one year under Arizona revised statute 12-541. If you wait longer than one year from the date of the animal bite, you cannot make a claim or sue.

Staying In the Know About Arizona Dog Laws

Whether you have a furry friend of your own or have neighbors with dogs, it’s always worthwhile to stay up-to-date with current Arizona dog laws in Maricopa County, or in whichever county you reside. Adhering to these best practices not only keeps your pet healthy and safe but also protects other pups in the Phoenix, Tucson, or Scottsdale area.

Filing a lawsuit is never the first step when it comes to resolving a dispute. Litigation can be costly in terms of both money and time, and it can also cause stress for all of the parties involved.

What Are The Reasons You Would File A Suit?

The most common reason you would file a suit is a breach of contract. If you entered into an agreement with someone who did not fulfill their part of a bargain, you might sue to get the damages that resulted from that breach.

The other most common reason for filing a suit in Arizona is for negligence that leads to injury, or sometimes even deliberate actions that lead to injury. This can be for anything from medical bills that arose from a car crash to damages you incurred when someone committed a crime against you.

How Do I Decide Whether Or Not To File A Lawsuit?

Before you even think about it, you need to consider whether you have a case you think can win. There are a lot of questions to ask, such as:

• Can I prove there were actual damages?
• Did this person have a legal duty to perform their part of the contract? Was there a legal contract? Did this person owe me a duty, if it’s a negligence case?
• Can I collect it?

Have You Exhausted All Your Other Options?

Most courts are busy with dockets so full that cases are delayed. That is why it is important to be able to prove that you have tried to settle your case before you end up in front of the judge.

You can start with a letter, which you should carefully document, where you explain to the other party what your demands are. Then there are options for mediation, and there are many places that offer those services at low or no cost. Some contracts even specify that you have to try mediation before filing a lawsuit.

What Does It Mean To File A Suit?

The actual file suit meaning is simple, although the process can be confusing for people who are not familiar with the court system. When you are filing a suit, you are letting the Court know that you have a dispute with another party and that you want the Court to decide that dispute for you.

You as the Plaintiff would file a Complaint, and the person you believe owes you money will be the Defendant in the case. There is usually a filing fee, which helps pay for the court resources.

What Are The Steps In Filing A Lawsuit In Arizona?

Before you even get started, you need to find out what your time limits are. Most personal injury lawsuits have a time limit of two years, and some are even shorter. On the other hand, you can get up to six years to sue for a breach of contract. Unless you have a very good reason for filing late, you will automatically lose if you file past the statute of limitations.

1. Research And Prepare Your Case

There are valid sources online, including the Arizona state laws. If you choose to represent yourself, you will be treated as though you are an attorney, and you will be responsible for knowing all the information about your case. If you are unsure about any aspect of your case, most attorneys offer a free one-hour consultation. Once you know your case, you also need to prepare your documents and proof that will help you win your case.

2. Choose Your Court

This is surprisingly difficult, but you could have your case dismissed by the judge if you bring it to the wrong court. Small claims cases in Arizona can only cover matters up to $3,500, and justice courts can hear cases with damages ranging up to $10,000. State courts can hear claims related to state law, and federal courts will only hear certain kinds of matters. Besides limited, general, and subject matter jurisdiction, the Court needs to have personal jurisdiction over the Defendant. If you have a choice of courts, you can choose the one most convenient for you.

3. Find The Correct Forms And Fill Them In With Your Personal Information

You will probably need the legal name of the entity you are filing suit against, and the correct heading for the court.

4. Write Out The Complaint

Describe the situation in just enough detail that the Court will be able to see quickly what the issues are.

5. Sign And Date The Paperwork

Once your paperwork is complete, make sure you sign and date it and provide any necessary fees.

6. Summon The Other Party To Court

You will need to summon the other party to court. If the accused party doesn’t have noticed, you can’t prevail in your case.

7. Consider Whether You Need An Attorney.

If you lose your case, even if it’s just because of a technicality, you may be barred from bringing suit again. An attorney can guide you through the process and help you with all the legal aspects, such as jurisdiction and whether your claim is enforceable. Although attorneys are not allowed in small claims court, they can assist you and give you advice about how to prepare your case and what evidence the Court will consider.

Filing a lawsuit is stressful, and it can lead to bad feelings between you and the other parties involved. But sometimes it is the only way to resolve a dispute, and you deserve justice in your case.

There are a few basic rules every Arizona driver should abide by: Follow the speed limit, wear your seatbelt, and most importantly, never drive without a valid license. Arizona driving laws explicitly state that you must have your driver’s license with you while operating a vehicle. Situations in which you may be cited for driving without your license include:

• If you never received a valid driver’s license
• If you’re licensed but don’t have your license when stopped by police
• If your driver’s license is expired
• If your driver’s license is suspended or revoked

Depending on the context of your situation, driving without a license in AZ can result in some serious penalties and fines. Keep reading to discover the legal implications of an Arizona driver citation and how you can defend yourself.

Driving Without a License in Arizona

According to Arizona Revised Statute § 28-3151, an individual must hold a valid driver’s license to operate a motor vehicle. If you’re an Arizona resident, your license must be issued by the Arizona Department of Transportation (ADOT). If you’re an out-of-state visitor, you must hold a valid license from your home state or country’s motor vehicle department (MVD).

Arizona driving laws require a driver’s license to correctly reflect your:

• Legal full name
• Date of birth
• Gender, weight, height, and eye color
• Residential address
• Signature

Your license must be in the vehicle with you at all times while you drive. If you’re pulled over or involved in an accident, failure to present a valid license is a traffic violation.

Your penalty for driving without a license will depend on whether you never received a license, or simply forgot your driver’s license at home.

Penalties for Driving Without a License in Arizona

Before dishing out a penalty for driving without a license, law enforcement personnel will run your information through their patrol car computer.

First, they’ll check the license plate of the vehicle you’re driving. This initial check confirms ownership of the vehicle and ensures it hasn’t been involved in any recent car accidents or traffic crimes. Next, the officer will attempt to locate your personal information in their database. This secondary check reveals if you hold a valid driver’s license.

Penalties for a Forgotten License

If law enforcement can locate your license details in their database, you will receive a $120 fine for failing to have your license with you in your vehicle. You can choose to pay the fine or go to court to fight the charge. Typically, bringing proof that you possessed a valid license at the time you were pulled over is enough to dismiss your case and waive the fee.

Penalties for Being Unlicensed

If a police officer cannot locate your license details in their database, it’s because you do not have a valid driver’s license. In this case, you may be charged with a class 2 misdemeanor.

According to Arizona driving laws, a class 2 misdemeanor carries a maximum of four months jail time, a $750 fine (plus surcharges), and two years of probation. If this is your first offense, chances are you will not receive the maximum penalty. However, penalties may increase if you were engaged in reckless driving or charged with your second or third subsequent offense.

Driving With an Expired License in Arizona

Arizona driver’s licenses don’t expire until you’re 65 years old, so driving with an expired license is generally an issue for seniors. However, you may also receive an expired license citation if you’re caught driving with an expired out-of-state license or even an expired permit. Much like driving without a license, the repercussions of driving with an expired license vary depending on your situation.

Penalties for Arizona Drivers with an Expired License

Driving with an expired license is technically a class 2 misdemeanor, which carries a maximum punishment of four months in jail, a $750 fine (plus surcharges), and two years of probation.

However, if you go to court and prove that failing to renew your license was an honest mistake, your charges are typically dropped to a minor infraction. If you’re from out-of-state and renew your license with your home state before your court date, you may also negotiate your charge down to an infraction. Most cases are lessened to a $120 traffic ticket.

Driving With a Suspended or Revoked License in AZ

Your license can be suspended or revoked for a variety of reasons. The most common reasons for suspension are due to dangerous driving behaviors, such as driving under the influence (DUI), aggressive or reckless driving, vehicular manslaughter, and excessive infractions on your driving record. Though, your license may also be revoked for driving without insurance, failing to pay a fine, or failing to appear in court. Driving with a suspended or revoked license runs a significant risk of extending your suspension period or losing your driving privileges altogether.

Penalties for Driving on a Suspended License in Arizona

Driving with a suspended or revoked license is a class 1 misdemeanor, which is the most serious misdemeanor offense. If cited, you may face up to six months in jail, three years of probation, and a $2,500 fine (plus surcharges). Also, your vehicle may be impounded for 30 days.

If your license suspension or revocation was due to a DUI, you’ll likely face higher fees for your second offense. For instance, your probation period can extend from a three-year maximum to a five-year maximum. You can also be charged with a felony if you’re arrested for a DUI while driving on a suspended license, regardless of why the initial suspension occurred.

How to Reinstate or Receive a Valid Arizona Driver’s License

If you do not have a valid license, you must avoid driving until you reinstate or receive one. Not only can driving with a revoked or suspended license result in higher penalties, but you can permanently risk your driving privileges. If caught driving with a suspended or revoked license, the Motor Vehicle Division (MVD) can even extend your suspension period by an entire year.

Once you’re eligible to reinstate or receive your license, you must do so before driving. If you begin driving after your suspension period ends but before you receive your valid license, you’re violating the law each time you drive.

To Reinstate a Suspended License

If your driver’s license has been suspended, you’ll need to complete your suspension period before you’re eligible for reinstatement. Next, contact the court listed on your suspension notice and pay all court penalties due. From there, you’ll receive a court clearance receipt or Court Abstract form that contains your:

• Final disposition code and date
• Violation code and date
• Complaint number

You must bring your receipt or Abstract to any Arizona MVD driver license office and pay the application fee as well as a $10 reinstatement fee. If the department doesn’t have a recent digital photo of you on file, you must apply in-person. Otherwise, you may pay your fees online or through the mail. If failure to show up in court or pay a court fine was the reason for your suspension, you must first show up in court and/or pay your fine before the Arizona MVD will reinstate your license.

To Reinstate a Revoked License

If your driver’s license has been revoked, you’ll need to complete your revocation period before you’re eligible for reinstatement. Then, you must complete and submit an investigation packet, which the MVD will review to determine your eligibility to reinstate. If approved, you will receive a Permission to Reapply Notice in the mail.

If your license was revoked due to alcohol-related or drug-related convictions, you must also obtain proof of your Future Financial Responsibility. Future Financial

Responsibility, also known as an “SR-22,” requires a Certificate of Insurance from any insurance company licensed to conduct business in Arizona or a certificate from the Arizona Office of Treasurer.

Bring both your SR-22 and Permission to Reapply Notice to any MVD or Authorized Third Party office. There you’ll fill out an application, pay the application fee, and pay a $20 reinstatement fee.

If you’re required to have an ignition interlock device installed, you must bring proof of installation before reinstatement.

To Renew or Receive Your License

Renewing or receiving your license for the first time is much simpler than reinstating your license. First, you must complete and submit an application to the MVD. If you’re a first-time license holder, you must pass both a written exam and a driving test. If you’re renewing an existing license, you only need to pass a vision test. After paying all application fees, simply renew your photo (if applicable) and you’re set to drive!

Seek Your Free Consultation Today

If you’ve been cited for driving without a license—either because yours was forgotten at home or had been suspended—don’t attempt to go to court alone. A strong defense lawyer with whom you have a solid attorney-client relationship can lessen or even drop your charge. When your driving privileges are at stake in Arizona, be sure to seek your free initial consultation with a quality law firm in the Phoenix, Scottsdale, and Mesa area.

From failing to register your motorcycle with the Department of Transportation to ignoring the helmet law before hitting the road, there are plenty of ways to break Arizona motorcycle laws. So before getting too bad to the bone, it’s imperative that you understand and follow these laws to protect you and other motorcycle riders on the road.

For the full list of Arizona motorcycle laws you need to be aware of, keep reading.

Requirements for Obtaining an Arizona Motorcycle License

In the state of Arizona, a Class M license is required to legally operate a motorcycle. This means that the general Class D driver’s license you received for operating a car or truck will need to be updated.

If you’re not a licensed driver already, you must meet the following requirements:

• Be at least 16 years of age
• Have a learner’s permit if under 18 years old
• Complete a motorcycle driver safety program approved by the Arizona Department of Transportation Motor Vehicle Division (MVD) or present a certified form signed by a guardian if a minor

If you’re already a licensed driver in Arizona and you’re seeking a motorcycle endorsement, you must do the following:

• Pass a written test
• Pass a medical and vision screening

Those are the only two steps you must take to add a Class M endorsement to an existing license.

Registration Process for Motorcycle Operators in Arizona

All motorcycles must have a valid Arizona motorcycle insurance policy, and motorcycles must be registered with the Motor Vehicle Division (MVD) within 15 days of purchase. Proof of insurance is necessary to register the motorcycle, and registration is necessary to receive your motorcycle license plate. Without a plate and registration, driving your motorcycle is illegal.

In most cases, the dealership you’ve purchased the motorcycle from will complete all necessary registration steps on your behalf, so there’s no reason to worry.

However, if you’ve purchased the motorcycle privately, it’s your responsibility to register the motor vehicle.

To register your motorcycle in Arizona, you must follow these steps:

• Fill out the title and registration application (Form 96-0236)
• Provide proof of Arizona motorcycle insurance
• Provide a signed, notarized title of the motorcycle
• Pay any valid fees and taxes

Once the registration process is complete and you’ve received your license plate, motorcycle laws in AZ require you to mount it horizontally and use only a white light to illuminate it.

What is Arizona Motorcycle Helmet Law?

Arizona motorcycle helmet law ARS § 28-964 states that all persons using the vehicle (motorcycle operators and passengers) under the age of 18 must wear a helmet.

Motorcyclists can choose between two types of helmets: three-quarters and full face. Helmets must meet the Department of Transportation and state standards, meaning they must fit the head snugly and be without defect.

Failure to comply with Arizona motorcycle helmet law can result in fines between $25 and $75, with fines increasing for repeat offenses.

Additional Safety Equipment Required by Motorcycle Safety Laws

In addition to helmet requirements, Arizona law also details additional safety standards required while operating a motorcycle. A motorcyclist must wear some type of eye protection at all times while operating the vehicle, either in the form of protective glasses, goggles, or a transparent face shield. However, eye protection is not necessary if the motorcycle features a permanent protective windshield or windscreen.

Seats and footrests are required for both the motorcycle operator and passenger.

Additionally, motorcycles must be equipped with rearview mirrors, headlamps, and functioning handlebars. Though, without the handlebars, you’re likely not getting too far in the first place.

Passenger Motorcycle Laws in AZ

Motorcycle riders who choose to cruise with a passenger are expected to uphold Arizona passenger law ARS § 28-892. Essentially, the law states that motorcycle riders may only accept a passenger if the motorcycle is designed to carry more than one person. If this is the case, the passenger must have both a seat and footrest of their own.

If the passenger is under 18, a protective helmet is required. Likewise, if the motorcyclist only has a permit, passengers are not allowed on the vehicle regardless of the vehicle’s passenger capacity.

Arizona Lane Splitting Law

Since motorcycles are a fraction of the size of most vehicles on the road, it can be tempting to ride between lanes or alongside another vehicle in your lane. Unfortunately,

Arizona law refers to this practice as lane splitting, and it is illegal.

According to ARS § 28-903, a motorcycle operator cannot overtake and pass another vehicle in the same lane of traffic. Additionally, a motorcycle operator cannot ride between the lanes of traffic or between adjacent rows of vehicles.

Arizona motorcycle law explicitly allows each motorcycle to use an entire lane or ride side-by-side with another motorcycle. If you find you need to pass another vehicle, you must properly indicate your lane change and use the second lane to overtake and pass.

Noise Laws for Arizona Motorcycle Riders

While the sound of the throttle might be thrilling, Arizona law has other feelings about how loud your muffler and exhaust can be. In Arizona, the maximum noise level for motorcycle mufflers is determined by the year of the vehicle and measured 50 feet from the motorcycle.

Sound levels are quantified by what the human ear hears, so each is measured in A-weighted decibels, or dB(A).The maximum noise levels for motorcycles produced before 1972 are:

• 84 dB(A) if moving slower than 35 mph
• 88 dB(A) if moving 35 mph or faster

The maximum noise levels for motorcycles produced between 1972 and 1980 are:

• 79 dB(A) if moving slower than 35 mph
• 82 dB(A) if moving faster than or equal to 35 mph but slower than 45 mph
• 86 dB(A) if moving 45 mph or faster

The maximum noise levels for motorcycles produced after 1980 are:

• 76 dB(A) if moving slower than 35 mph
• 80 dB(A) if moving faster than or equal to 35 mph but slower than 45 mph
• 83 dB(A) if moving 45 mph or faster

Additionally, AZ motorcycle laws state that a motorcyclist cannot operate a motorcycle that is not equipped with the manufacturer’s original muffler. If the original muffler is not installed, a replacement muffler or noise reduction equipment capable of reducing the noise levels below maximum operating levels must be in use. Moreover, motorcycle riders are prohibited to use muffler cutouts or bypass devices.

Do Arizona Motorcyclists Share the Same Rights as Other Motor Vehicles?

Motorcyclists are expected to conduct themselves just as any other motorist would. This means that a motorcycle operator is entitled to full use of a lane and is expected to follow same Arizona driving laws as every other motor vehicle making their way through Tucson, Phoenix, or Flagstaff.

Common rules of the road motorcyclists share with other motorists include:

• Yielding to all traffic signs
• Yielding to emergency personnel
• Yielding to pedestrians when applicable
• Adhering to all posted speed limits
• Properly indicating the next move in traffic, such as using turn signals or having working brake lights

Motorcycle riders do have one additional perk, though. A motorcyclist can use the High Occupancy Vehicle (HOV) lane at any time, regardless of how many passengers the vehicle is carrying.

Avoid a Motorcycle Accident with These Arizona Laws

Failure to adhere to Arizona motorcycle laws puts riders at an elevated risk of being involved in an accident.

Due to the exposed nature of a motorcycle, a variety of common motorcycle accident injuries can occur on impact. Being aware of other vehicles on the road and respecting helmet and safety standards can go a long way in ensuring public safety and protecting Arizona motorcyclists from personal injury and property damage.

Whether you are a first-year driver or a seasoned driver spanning several decades, local drivers could use a refreshment course on Arizona driving laws. It is always good to get some reminders for some actions that may have become habitual behaviors. Not every habit is a good one, and that’s what the Arizona Department of Transportation (ADOT) and city traffic departments try to remind the general public. All throughout Mesa and surrounding cities are signage alongside roadways with simple reminders. These messages include hot topics like tailgating, wearing seatbelts, watching your speed, and more. ADOT even uses the traffic announcement boards on the Valley’s highways to share some witty driving advice.

Skousen, Gulbrandsen, & Patience, PLC is a personal injury law firm based in Mesa, AZ, and a large part of our clients are car accident victims throughout the Valley. We are dedicated to upholding the state’s driving laws and promoting content that supports auto accident prevention. Here are some reminders as you venture out on your daily commutes, as well as a few lesser-known Arizona driving laws.

1. Move over to the left when law enforcement officers are pulled over

On any standard highway, there is limited space on the left side of the HOV lane and the farthest right-side lane. These are the spots that law enforcement usually pulls a traffic violator off to the side of the road. It is also where they encourage accident victims to move their vehicles as a measure to get the accident out of the flow of traffic whenever possible.

Those who are traveling in the flowing lanes should do two things: slow down to a respectable speed, and move over away from the stopped vehicle as needed. This gives the law enforcement and first responders extra clearance room to get out of their vehicles and assist or address the situation at hand.

2. Stay back or stop when law enforcement side winds on a highway or multi-lane street

Whenever a multi-vehicle accident or an accident scene spans across several lanes, local law enforcement or highway patrol may side wind on the roadway to warn traffic that there’s an accident scene ahead. In many of these circumstances, traffic may need to divert off the roadway to continue towards their destination.

As local law enforcement uses their vehicle to side wind on the roadway, it means to stay back at a respectable distance or to stop altogether. It often is a deterrent and time tactic to allow emergency responders and tow trucks to get the affected vehicles out of the lanes of traffic, so commuters can get through and continue to their destinations. While it is not one of the well-known Arizona driving laws, you could risk getting a traffic citation for disregarding law enforcement orders if you do not comply with their instructions.

3. Determine right of way when a traffic signal blinks yellow or red

Traffic signals can go out, when they do, they are either completely out or will blink in yellow or red. Certain parts of Mesa automatically change all four-way intersections to yellow blinking lights after a certain time of the evening. For new, seasoned, and out of town drivers, here is how to interpret them:

Blinking yellow – Proceed with current direction with lesser speed and exercise caution going through an intersection. You do not need to come to a full stop unless you are making a left-hand turn. Be sure all traffic is clear before turning.

Blinking red – Come to a full stop, and whoever arrived first and is leftmost can proceed with their direction or turn. Local law enforcement may also intervene following a weather event or a car accident in Mesa at a three- or four-way intersection. Stop and follow their prompts for directional traffic.

4. Remember who should yield in merge zones

Merging is one of the most dangerous driving actions to do on the roadways because not every motorist yields the way they are supposed to. The most common places a motorist needs to yield to merging traffic are on- and off-ramps for freeway entrances or exits. Other places include disappearing lanes or right-hand turn only lanes.

• Freeway traffic and any other traffic on through streets always have right of way, so those attempting to get onto the freeway need to yield, signal, and merge when it is safe to do so.
• When motorists need to make a turn, pedestrians and traffic always have right of way. Drivers should yield to them before safely turning.
• When driving on a through a street that has disappearing lanes, it’s best to signal ahead of time and merge when it is safe to do so before the lane runs out. Do not rush and cut off other motorists because you could risk sideswiping them or anger a driver that is prone to road rage.

Local motorists have numerous things to remember including Arizona driving laws, and they can vary from state to state. Following these is one of many ways to actively prevent car accidents. Many of the car accidents that happen in Mesa are preventable by honoring the right of way and providing adequate space for others.

If you or someone you know has been injured in a car accident that happened in Mesa or its surrounding cities, contact Skousen, Gulbrandsen, & Patience, PLC immediately. We start protecting your rights following your free initial consultation. Our car accident attorneys are thorough with Arizona’s driving laws and will use them to protect your rights and seek justice on your behalf. Reach us by phone 24/7!

From Cinco de Mayo to the Fourth of July and New Year’s Eve, it seems like fireworks are an obvious part of celebrations and special events in Arizona. Unfortunately, Arizona firework laws are not nearly as obvious.

Following a lift on the ban of fireworks in 2010, Arizona lawmakers allowed each county to draft their own firework laws. A county can now set laws regarding consumer firework use, but they can no longer restrict firework sales. Ultimately, this means that fireworks can be sold in areas where it’s illegal to set them off.

If you’re wondering, “Are fireworks legal in Arizona?” we have you covered by the county, date, and type of firework.

Are Fireworks Legal in Arizona?

On December 1, 2010, the state of Arizona reversed its previous ban on the consumer sale and use of fireworks. This decision approved the use of certain popular consumer firework items, like sparklers, that were previously illegal unless a permit was obtained. However, this doesn’t mean that all types of fireworks are legal all the time.

Some fireworks are only legal during certain times of the year. Others are still completely off-limits without a permit. Let’s take a look at which are which.

Fireworks Permitted Year-Round

In the state of Arizona, you’ve always been able to legally purchase specific devices known as deregulated novelties. Deregulated novelties are mostly small devices that do not leave the ground. They are legally available to purchase all 365 days of the year, but you must be 16 years of age to buy these fireworks.

Fireworks that are legally permitted all year include:

Novelty items such as glow worms, snakes, sparklers, and flitter sparklers

Smoke devices and toy smoke devices, such as smoke balls, smoke cones, and smoke candles

Items with .25 grains of explosive material or less, including snappers, snap caps, poppers, party poppers that emit confetti, and pistol-type party poppers

Fireworks Permitted Seasonally

In addition to deregulated novelties, which can be used all the time, state law allows the use of consumer permissible fireworks during specific times of the year (generally around the time of national holidays, such as Independence Day).

Consumer permissible fireworks include devices that have been approved by the U.S. Consumer Product Safety Commission (CPSC). These fireworks are limited to 500 grams of pyrotechnic composition and cannot feature aerial bursts of more than 130 milligrams of flash powder.

Fireworks that can be purchased during the allotted times of the year include:

• Firecrackers
• Illuminating torches
• California rocket-shaped fountains
• Cylindrical, square, and cone fountains
• Non-aerial consumer fireworks such as ground sparklers, sparkling wheels, ground spinners, and sparkling trees

Fireworks Prohibited Indefinitely

No matter the time of the year, there is a category of illegal fireworks that are prohibited indefinitely. These devices are called aerial consumer fireworks. A consumer firework is any device that detonates and shoots into the sky, leaving flaming trails behind. In order to use aerial consumer fireworks of any kind, you must have the appropriate permit through your county. Failure to receive a permit makes the fireworks illegal.

Prohibited aerial consumer fireworks include:

• Firecrackers and Roman candles
• Skyrockets, bottle rockets, and missiles
• Reloadable single-tube and shell devices

Which Arizona Counties Have Firework Restrictions?

Even though Arizona state law allows you to purchase specific fireworks during specific times, depending on your county, you may not be able to set them off. After the Arizona legislature lifted the ban on fireworks, it was up to each county to set the law for firework use within their jurisdiction. For this reason, the law regarding the use of permissible consumer fireworks and deregulated novelties varies greatly across the state.

In Gilbert, Mesa, Navajo, and Queen Creek counties, consumer permissible fireworks can only be used on private property with the permission of the property owner. Apache Junction hasn’t imposed any restrictions on consumer fireworks, which can be used year-round on public and private property.

Chandler, Tempe, Maricopa, and Mohave counties have banned the use of all consumer permissible fireworks but allow the use of novelty items like poppers, smoke bombs, and sparklers.

Unincorporated areas in Maricopa and Pinal counties, as well as Coconino County and the city of Tucson, are prohibited from ever using consumer fireworks. Here the use of novelty items is legal, though discouraged.

Across the state, individual cities are allowed to prohibit fireworks from being used in mountain preserves, parks, or when a minimum Stage One FireThe restriction is in effect. Likewise, fireworks are never legal on a state or state-protected land.

When Can I Purchase Consumer Fireworks in Arizona?

Permissible consumer fireworks are legally available for purchase during specific weeks each year. These dates correlate with both national and religious holidays. Bear in mind that while legal during the purchasing period, using them may be illegal, depending on your county. Additionally, acquiring permissible consumer fireworks outside of these dates is considered illegal.

The sale of permissible consumer fireworks is allowed:

• April 25 – May 6
• May 20 – July 6
• December 10 – January 3
• Five days before the first day of Diwali through the third day of Diwali of each year

When Can I Use Consumer Fireworks in Arizona?

Much like the purchase of permissible consumer fireworks, the use of these devices is only legal during specific weeks each year. Again, while state law dictates they’re legal during the allotted period, these fireworks may not be allowed, depending on your county. Additionally, they are not allowed outside of the specified date range.

The use of permissible consumer fireworks is allowed:

• May 4 – May 6
• June 24 – July 6
• December 24 – January 3
• The second and third days of Diwali of each year

When using your fireworks, be sure to take safety precautions. Some precautions include keeping a bucket of water nearby and avoiding the use of fireworks near flammable objects.

Also, don’t allow young children to light fireworks or use fireworks without adult supervision. The last thing you’ll want is to disrupt your special event with a call to the fire department or a trip to the ER.

Finally, consider that the use of consumer fireworks may be restricted if a Federal or State agency implements Stage One Fire Restrictions, so plan your festivities accordingly.

What are the Consequences of Violating Arizona Firework Laws?

Previously, violation of fireworks provisions in Arizona used to be a Class 3 misdemeanor or lesser. This used to result in fines up to $500 and/or a jail sentence of up to 3 months. Today, the penalty for buying, selling, or using fireworks outside of the permissible dates is a fine of $1,000.The use of fireworks on prohibited preservation lands within a city or state land is a Class 1 misdemeanor and also results in a minimum $1,000 fine.

Despite losing the jail sentence, consequences have increased in price. The reasoning is likely that lawmakers have become more lenient with the type of fireworks purchasable and the date range they can be used. Violating these more generous provisions results in a heftier penalty than before.

Furthermore, an operating permit is required for all fireworks displays. Any fireworks set off outside of the permissible date range or without a permit will be confiscated by law enforcement.

Adhering to Firework Laws in Phoenix, Mesa, and Scottsdale

While Arizona firework law is far from easy, a basic understanding of your county’s regulations is key to staying out of trouble. It’s important to remember that even if you can purchase fireworks in your area, that doesn’t mean they’re legal to use. Luckily, for those of us in the Phoenix, Mesa, and Scottsdale area, we can buy our fireworks and use them, too.

Arizona is one of the best places in the world to ride a motorcycle, with its beautiful scenery, great weather, and well-maintained roads. Riding is much safer if you know the rules, though. In Arizona, all you need to do to operate a motorcycle legally is add a motorcycle endorsement by passing a vision test, a skills test, and a written test, and then pay a fee.

Even though the knowledge assessment is important, the test administered by the Motor Vehicle Division isn’t designed to keep people off the road. The amount of information drivers study has to be limited to a reasonable amount. Considering the almost endless number of variations you could encounter, it isn’t surprising that drivers don’t know them all. That is why you may not have heard of lane splitting, or understand the Arizona laws regarding it.

What Is Lane Splitting?

Motorcycles don’t take up as much room as cars and other motor vehicles, and sometimes riders take advantage of that when parking and riding. Your motorcycle will fit into a space smaller than that needed by other vehicles, so you may be tempted to park in spaces not really designated for parking, or take advantage of your small size to fit through gaps in back-ups to get out of a traffic jam.

Arizona Law 28-903 states that anyone operating a motorcycle is entitled to the use of the full lane, but that motorcyclists can’t overtake and pass in the same lane as another vehicle. Arizona law also specifically prohibits traveling between lanes of vehicles, or between adjacent rows of vehicles. This section also orders riders not to ride more than two abreast if there isn’t another lane, no matter how much space they actually take up. The only exceptions to these rules are for law enforcement in the performance of their duties.

The long and the short of it is that motorcycles are expected to use space the same basic way cars do. If two cars couldn’t fit into the same space, your motorcycle isn’t supposed to try to maneuver there.

Possible Future Changes?

Even though it’s still in discussion, the legislature in Arizona has been considering potential changes in the lane-splitting laws. Some proponents of changing the law say changing the existing law could make riding safer for motorcyclists and car riders.

One of the biggest problems with motorcycles is their size, and allowing them to ride together, side by side could make them more visible. Motorcyclists also believe that allowing lane splitting would give them more flexibility, so they can get out of dangerous situations where other drivers don’t see them. They want the extra maneuverability that lane splitting allows to avoid dangerous situations. One rider described motorcyclists as “sitting ducks,” because he believes the lane-splitting rules don’t let them take evasive actions.

Berkeley has already studied the issue and found that lane splitting can be done safely as long as the speeds are kept relatively low. In California, the law was changed to allow lane splitting, at least partly to help with traffic congestion.

Researchers discovered that it was most dangerous when the motorcycle speed was very different from the rest of the traffic. Another important finding was that lane splitters were less likely to suffer serious injuries, such as to the head or torso, or even die. So there are places where lane splitting is already legal, and this might be true for Arizona in the future. For now, though, it is a citable offense in Arizona.

Why Lane Splitting Is Dangerous

Anyone on a motorcycle is more vulnerable than someone in a car or truck. There is no steel shell, with seatbelts and surrounding airbags, to keep you safe if there is an accident. Common causes of accidents include speeding, stopping suddenly, or making unsafe lane changes. Lane splitting is another important source of accidents.

The main reason lane splitting can be dangerous is because it can cause motorcycles to be in unexpected places. Other motorists already have a hard time noticing motorcycles because they are smaller, and lane splitting causes motorcycles to maneuver through traffic in ways different from the other traffic.

The American Motorcyclist Association is working to make lane splitting legal in more locations. They say that the practice not only helps other drivers by cutting down on congestion but that it is safer for motorcyclists. This is one area of law that might change if when there is more data from places that have legalized it.

When You Should Never Lane Split

There are some conditions under which it is clear that you should never do this. Among them are:

• when you are going over 50 mph
• there isn’t enough room, or space is tight
• the other traffic is moving in an unpredictable pattern
• weather is bad
• the road is curved, or there are other obstructions/reasons
• visibility is limited
• you are not at the top of your game, fully alert and aware.

Have You Been Involved in an Accident That Involved Lane Splitting, or Charged for It?

Skousen, Gulbrandsen & Patience, PLC has been successfully assisting clients for 60 years. We have experience in a wide variety of cases, and our specialties include Serious Injuries, Wrongful Death, Criminal/DUI, and Motorcycle Accidents. We have also helped clients who have been involved in lane splitting incidents.

Our personal injury law firm is located in Mesa, AZ, and we strive to meet the same standard of excellence in every case. We treat every case with equal importance, striving to reach the best result. SGP Law assists clients throughout the Phoenix metropolitan area who have a need for our services.

Reckless driving is a major moving traffic violation characterized by dangerous driving behaviors. Getting pulled over for reckless driving in Arizona is much more severe than a simple traffic ticket — with a reckless driving ticket, you have been charged with a Class 2 misdemeanor often punishable by fines, imprisonment, or driver’s license suspension.

At Skousen, Gulbrandsen, & Patience, PLC, we assist our clients with traffic-related incidents every day. Read on to learn more about Arizona reckless driving laws.

What Is a Reckless Driving Charge in Arizona?

Reckless driving occurs when a driver operates a vehicle with disregard for the safety of persons or the surrounding property. A reckless driver disobeys standard Arizona driving laws, putting themselves and others at risk for injury or even death.

Reckless driving in Arizona is a Class 2 misdemeanor (ARS 28-693A), meaning it is a jailable offense. This type of crime carries heavy penalties, from potential probation to several points on your license. These points remain on your record for 12 months and can result in the suspension of your driver’s license, among other penalties.

How Do You Get Reckless Driving Charges in Arizona?

An individual faces reckless driving charges when law enforcement personnel observes them operating a vehicle with a reckless disregard for the safety of others. Similar to a traffic ticket, a police officer will pull over the driver, review their license and registration, and present a reckless driving ticket. However, unlike a traffic ticket, how a police officer determines what is considered “reckless” can rely on a number of factors.

While the law is vague, common examples of reckless driving include:

• Illegal passing
• Speeding excessively
• Ignoring traffic signs
• Racing other vehicles
• Cutting off other drivers
• Swerving or weaving through traffic
• Failing to stop for pedestrians at walkways
• Tailgating or following another vehicle too closely
• Driving too closely to another vehicle in an attempt to intimidate the driver

Reckless Driving and DUI Charges (“Wet Reckless”)

It should be clear that reckless driving and driving under the influence (DUI) are two very separate charges.

A DUI charge means a motorist has blown a blood alcohol concentration (BAC) of .08% or higher OR an officer believes that drugs or alcohol have impaired that person’s ability to operate a vehicle.

However, in some cases, Arizona law allows drivers charged with a DUI to plea bargain for a lesser charge. This can occur if the DUI case did not result in a car accident, damage to property, or injury to the motorist’s surroundings. In the case that a DUI is bargained down to a reckless driving charge, it’s often referred to as a “wet reckless.”

What Is the Arizona Reckless Driving Speed?

The first tip to prevent a car accident or traffic violation is to drive following the speed limit. We all know that driving over the speed limit can result in a speeding ticket. It’s less obvious that driving your vehicle well over the limit can result in a reckless driving charge.

As a Class 2 misdemeanor, an Arizona reckless driving charge is much more severe than a speeding ticket. And if you needed another reason why you should wear a seatbelt, getting pulled over for driving recklessly without wearing yours can increase the penalties you’re facing.

Furthermore, it’s important to note that the Arizona reckless driving speed also applies to weather and traffic conditions. For instance, if you’re operating a vehicle 15 mph over the speed limit in torrential rain with limited visibility, a police officer can pull you over for reckless driving. The same judgment applies if you are driving dangerously fast in unsafe traffic conditions, such as a construction area with workers present.

Consequences of Reckless Driving in Arizona

Arizona reckless driving charges carry harsh punishments that can have severe ramifications, from an increase in your insurance rates to a decrease in your overall reputation. On top of that, reckless driving can have several unforeseen consequences, including injuring pedestrians or causing an accident.

Emotional and physical injuries are just some of the effects of car accidents that can impact you or those involved in a reckless driving collision.

How Many Points Do You Get from Reckless Driving?

Reckless driving is considered a serious moving violation that places 8 points on your driver’s license. To put this into perspective, an accumulation of 8 or more points is grounds to suspend your license for 12 months.

To avoid the license suspension, you are required to attend Traffic Survival School. Typically, the points you’ve gained from reckless driving will remain on your driving record for a minimum of 12 months.

What Are the Penalties for Reckless Driving?

In addition to a possible suspended license, reckless driving can carry several extra penalties. Depending on whether this is your first charge or if this is a subsequent offense within 24 months, conviction for reckless driving can be punishable by:

• A maximum of 6 months of jail time
• A maximum fine of $2,500, plus surcharges
• 2 maximum years of probation
• A mandatory surrendering of your driver’s license

What Is the Court Process for Reckless Driving Tickets?

Unlike a standard traffic ticket, a reckless driving charge is a criminal violation. That means it will follow the same protocol as a criminal court case. For those unfamiliar with the court system, the case will pan out in three main phases:

1. Arraignment

This is your first court date. At this time, a judge will explain your rights as well as the maximum penalties you face under Arizona law to ensure you understand the charges brought against you. During this hearing, you can choose to plead guilty. If you plead guilty, you will be criminally convicted. Alternatively, you can contact SGP Law, who will enter a plea of not guilty on your behalf.

2. Discovery Phases

Once we’ve entered a plea of “not guilty,” our team gets to work collecting evidence that can aid in your defense.

During this time, our office and the prosecutor’s office will exchange information regarding your case. From traffic camera footage to GPS data, we gather all evidence that relates to the reckless driving charge.

3. Pre-Trial Conference

Pre-trial conferences are often the first, second, and even third court dates scheduled after an arraignment. During these meetings, our office and the prosecutor for your case meet, share information found during discovery, and discuss plea offers. These conferences typically lead to a mitigation phase that works toward a resolution.

Defenses Against Reckless Driving in Arizona

We find most criminal defenses for reckless driving in Arizona during the discovery phase mentioned above. During this time, our team reviews all relevant details surrounding your case, including:

• Traffic conditions and environmental circumstances
• Calibration records for your vehicle
• Maintenance records for your vehicle
• Dashcam video or traffic footage
• Audio recordings and computer-aided dispatch (CAD) records
• Traffic pattern studies
• Witness statements

Within these records, our team searches for bits of evidence that can minimize or dismiss your charge.

Why the “Defining Recklessness” Defense Matters

Unlike many other criminal convictions, reckless driving is a very objective charge. Because of this, we often utilize the “Defining Recklessness” defense. The reason is simple: “recklessness” is a broad term open to interpretation by a jury. That means the jury can conclude that the situation was not as “reckless” as the ticketing officer initially believed.

After identifying any traffic conditions, unique circumstances, or environmental factors in your case that are not reckless, our team can begin weakening the charges against you. This criminal defense can increase the likelihood of negotiation and work towards a reduced charge and a final resolution of the case.

What Are Possible Outcomes for an Arizona Reckless Driving Case?

Location, environmental factors, and even the prosecutor can heavily influence the outcome of a reckless driving case. Though we pride ourselves on exploring every possible option for the defense at Skousen, Gulbrandsen, & Patience, PLC, we find it just as important to inform our clients of the less-than-pleasant outcomes of a reckless driving conviction.

Possible outcomes for an Arizona reckless driving charge include:

• Non-renewal of visa or temporary work status
• Disqualification from job opportunities
• Harm to immigration status
• A criminal record

Similar to car accident reports, which are public record, a reckless driving charge will appear as a criminal violation.

What If This Is My First Criminal Offense?

A reckless driving charge is less severe if it’s your first offense. However, it’s still important to take the necessary precautions to negotiate a favorable resolution.

If you’re a first-time offender, you can face a maximum 4-month sentence and a maximum of $750 in fines. Our team can work to lessen these outcomes and enter mitigation with a strong defense.

But just like what you should learn from a near-miss car accident, you should also take notes from a reckless driving violation. Meaning: try not to do this again. For second-time offenders, escaping the heavier penalties can be much more difficult.

What Do I Do If This Is My Second Reckless Driving Conviction?

Penalties for a second offense reckless driving conviction can drastically increase, especially if both charges occurred within 24 months of each other. If this is your second offense, the charge is considered a Class 1 misdemeanor instead of Class 2.

You will face:

• Mandatory revocation of your driver’s license
• Up to six months in jail
• Up to $2,500 in fines

If this is your second reckless driving charge, you must seek legal counsel. An experienced legal team can still work to alleviate the burden of this charge and reduce the possible outcomes.

Is Mitigation a Possible Option in an Arizona Reckless Driving Case?

Following the discovery phase and pre-trial conferences, our team will work to lead the case into mitigation. This means that efforts are taken to lessen the charge to either be dismissed or negotiated to a less serious traffic offense.

Depending on the circumstances surrounding your case, mitigation efforts can include:

• Dismissal with voluntary Defensive Driving School
• Dismissal with voluntary LifeSkills course
• Dismissal with voluntary Wise Choice Alternatives home study course
• Negotiating down to community service
• Negotiating down to non-moving violations
• A “not guilty” verdict at trial

Contact a Mesa & Phoenix Defense Attorney

An experienced reckless driving attorney can make the difference between the freedom to drive and a revoked license. If you’re facing reckless driving charges, contact the law firm of Skousen, Gulbrandsen, & Patience, PLC to learn how we can mitigate them.

Being in an auto accident is stressful at best, and can be life-changing due to the terrible injuries that are possible. Dealing with insurance companies is difficult because they are worried about protecting themselves and their bottom line. When you or a loved one has been injured and your property has been damaged, you find yourself dealing with day-to-day problems. It can be difficult to focus on a civil case when you are still trying to get the necessary medical attention.

If you were injured because of someone else’s negligence, you deserve to have your expenses paid by that person. In order to receive the money you deserve, you need to be able to prove your case if you are the victim of a car accident. Calling an attorney is a good way to protect your own interests. Because attorneys take personal injury cases on a contingency fee basis, you don’t need to worry about paying the attorney until the case is over. If you don’t collect, your attorney won’t either.

Getting Evidence For Your Traffic Accident

Arizona is a comparative fault state, meaning that different individuals involved in an accident can be assigned liability for their share of the blame. That means that your case needs to be strong to prove the other party was totally at fault. Otherwise, they can assign you part of the blame and reduce your ability to be fairly compensated.​

There are all kinds of evidence you can use, like the accident report, witness statements, and physical evidence from the scene.

A video would be a very strong kind of evidence to be able to present. It helps a judge or jury if they can see what happened for themselves. The trick is finding out whether such a video exists, and then making sure you can legally present it in a trial.

Traffic Cameras

While they are not present in every locality, Arizona does allow cities to operate cameras to enforce traffic laws. Many people believe the purpose of the cameras is to provide revenue, not to ensure driver safety. Because of that, there are people fighting to make those kinds of cameras illegal in Arizona.

There are other traffic cameras set up in other locations where law enforcement can monitor traffic. Most law enforcement cameras will be focused on places where most accidents occur, or where the traffic is heaviest.​

Many traffic accidents occur in intersections, so there is a possibility that your accident was caught on tape. If it was, it may be difficult to retrieve the video from the law enforcement which possesses it. The camera may belong to a local agency or the Arizona Department of Transportation. Your attorney can find out and issue a subpoena demanding the evidence for your civil case.

Other Kinds Of Police Cameras

Sometimes law enforcement has captured an accident with other means, such as with a dashboard cam. If you saw an officer who may have filmed your misfortune, there may be a way to get that video for your civil trial.

The cameras used for officers while on patrol vary in many aspects. Some only turn on when the officer initiates lights and siren, while others capture far more. If you think an officer may be a source of evidence for you, let your attorney know right away. It is vital to capture the information before it is erased.

Business Cameras

Many businesses have cameras that capture activity directly outside their property. This information helps them with security, and they may not make it obvious that cameras are present. They may not want people to know they are being recorded.

Another problem you may run into with getting camera footage from businesses is that they often erase the tapes relatively quickly, sometimes even as quickly as within 24 hours. They don’t have the need for information, and storage can be costly. Your attorney can act quickly to find which businesses might have video so he can contact them immediately.​

How a Lawyer Can Help You

Lawyers have been trained to find, evaluate, and present evidence. During the initial consultation, your personal injury attorney will talk to you about the details of what happened. In order to bring the evidence to the court, you will need to take several steps:

• You will need to find the cameras, whether they were in a police car or in a business.
• Once you have located them, you will need to learn who is in charge of maintaining them.
• You will then need to obtain the footage in a legal way so that the other parties can’t claim it’s been altered.

Getting a copy of the video for your case on your own will probably be difficult to impossible. Your time is limited, so you can’t wait if you are going to obtain a copy of your case. Most of the people who have a video that may be able to help you have no obligation to share it with you.

Luckily, your attorney can do all the work for you. If you have been injured in an auto accident, call an attorney as soon as possible. You will be under no legal obligation, and you can receive free advice. If you do decide to hire an attorney, your attorney will be on your side every step of the way. You don’t even have to pay until your case is over.

The Eggshell Skull Rule is a legal doctrine that states that any individual who causes harm to another cannot use the frailty of the injured individual as a legit defense.

Before applying the eggshell skull rule, the following factors are first enacted into consideration that makes the plaintiff vulnerable to harm:

• Physical factors
• Social factors
• Economic factor

Many law schools will use the example of a person with a very fragile skull like an “eggshell.” This person appears normal to the outside world but unfortunately is extremely feeble and frail. In the event that a large individual who isn’t paying attention rear ends this individual in their vehicle and they die as a result of their injuries, the eggshell rule (or thin skull rule) states that the person who caused the death is responsible for the resulting damage.

Where Does The Eggshell Rule Apply?

The eggshell rule is not applied in all cases. Lawyers usually invoke this legal doctrine in cases where there is negligence. If the negligence of the defendant aggravates a plaintiff’s existing condition, the rule is applied. In this case, the victim should be treated as he/she was unable to prevent what had occurred. In short, the law provides a safe haven for the victim’s susceptibility. The defendant is responsible regardless of the plaintiff’s health condition.

The eggshell rule can also be applied when an intentional tort occurs. An intentional tort occurs when civil wrongdoing is declared an intentional act. Compared to negligent torts, damages for intentional torts are always broader in size. However, it is difficult to prove intentional torts, especially in felony crimes. Knowing what is on the defendant’s mind is a challenge because they do not reveal it in public.​

Additionally, the eggshell rule is also applicable in strict liability cases. An individual is held accountable for what happens from an activity even where there is no fault. Under strict liability, the following categories apply:

• Product liability
• Intrusion
• Owning wild animals
• Felony crimes

Personal Injury And The Eggshell Skull Rule

On matters of personal injury and accident, the eggshell skull rule states that the defendant cannot use the frailty of the injured person for defense. The negligent party is responsible for injuries suffered by the injured individual regardless of any preexisting conditions. The accused party will likely be required to compensate the victim via monetary rewards and will likely be responsible for footing all resulting medical bills.

However, it is not the role of the defendant to offer a higher duty of care when the incident involves an eggshell victim.

On the other side, the application of the eggshell skull rule can be complicated by many things. More specifically, cases of comparative negligence. In cases of an intervening cause, the initial injury can cause further damage. The court can dismiss resulting injuries on the grounds that they were not foreseen. Blame can be removed from the defendant. However, the plaintiff can still seek compensation for damages.

Even though the final decision lies with the court, the compensation amount can (in some cases) be lowered. Such a situation can arise when a plaintiff puts himself in a position where he is likely to be harmed. For example, when the plaintiff suffers from excessive bleeding due to thickened blood as a result of alcohol, the compensation will be lowered by a certain percentage.

The Exception To This Rule

The eggshell skull rule will not apply in all cases. Let’s say an injury is caused by a completely unrelated situation. For example, an injured individual is involved in an accident while in an
ambulance.​

The original offender will not be liable for the new injuries. Similarly, when the injured is in the hands of negligent medical personnel, the hospital takes the blame for resulting consequences. The defendant only takes liability for the initial injuries.

The eggshell skull rule should not be mistaken for the crumbling skull rule. The plaintiff might suffer from a detrimental position, pre-existent to the occurrence of the present tort. Under the crumbling skull rule, the prior condition can only be put into consideration if it can be distinguished from the new injury. This is to enable apportioning of damages. The individual who caused harm will take responsibility for placing the plaintiff in a better position. The position should be much better compared to what they were in before the current situation.
Beyond Physical Injuries

Application of eggshell skull rule beyond physical injuries has remained debatable. It is easier to compensate for cases where damages are physical. Such injuries can be treated but traumatic outcomes cannot be healed because they are invisible. Invisible wounds cannot be measured hence not liable for a specific amount of compensation. The ball of contention has always been whether accident victims should be compensated if the incident aggravates a pre-existing condition.

According to the rule, if a plaintiff’s condition was excellent and there was no chance of changing, then the defendant should provide compensation. In this case, the state of health is not put into consideration. The law is mostly applicable when dealing with elderly and disabled individuals. This group is vulnerable to injury due to their existing conditions.

When it comes to psychological damages, the rule might apply partially. In cases where the plaintiff, is vulnerable due to a past traumatic event, the rule will apply.​

An individual who undergoes a heightened psychological reaction to a tortuous event, then he or she is open for compensation.

Final Thoughts

The eggshell skull doctrine makes a defendant liable for the plaintiff’s unforeseeable reactions to the defendant’s negligent act. For a plaintiff to be compensated as deserved, there is the need for the victim to have experienced lawyers. One needs to hire a lawyer who will represent his or her interests well. Such lawyers will also represent them accordingly when dealing with insurance companies.