6 Arizona Driving Laws You Should Know

As of 2019, Arizona has over 5.4 million registered drivers, and this number has been steadily increasing over the last decade. Between people visiting or relocating to the state, more vehicles on the road mean there is a greater risk for traffic jams and roadway incidents. To ensure the safety of all drivers, here are the top six essential laws everyone should know.

1. Wear a Seat Belt

Like most states, Arizona requires that all passengers in the front seat of the vehicle wear a seat belt. The driver must also ensure that all child passengers (younger than 16) wear a seat belt and are in an appropriate car seat. Regarding car/booster seat laws, all children aged 8 and younger who are shorter than 4 feet, 9 inches must use the proper safety restraint for their size.

2. The “Move Over” Law

Emergency vehicles take precedence on the road over others. As such, Arizona requires that all drivers "move over" to another lane when being approached by an emergency vehicle with its lights on or when approaching a stopped emergency vehicle or personnel. If it is not possible to move to another lane due to it being a one-way road or another reason, drivers must reduce their speed and proceed with caution to ensure the safety of all individuals.

3. Don’t Leave Animals or Kids in Cars

Did you know that a parked car's interior can be over 40 degrees hotter than the outdoor temperature after sitting for an hour? In Arizona, where extreme temperatures are common during certain times of the year, being in a vehicle with no air conditioning can be deadly. This is why the state implemented a good samaritan law allowing individuals to forcibly remove an animal or child from any potentially overheating car.

Passed in 2017, HB 2494 also removes the risk of civil liability from those who must damage a vehicle (i.e., break a window) to rescue a child or animal.

4. Don’t Text While Driving

With the growing concern of cellphone use-related crashes every year, it's important to remind everyone that Arizona has a strict "hands-free" policy. This means that no driver can manually use a cellular device to talk, text, check emails, or any other action that removes their hand from the steering wheel. However, there are a few exceptions; drivers are permitted to use their phones:

The safest option will always be to store your phone until you have reached your destination or to pull over if you need to use it.

5. Left Lane is Only for Passing

The left lane has long been considered the passing lane, but few states implement laws that require drivers to not impede this lane if not using it for its intended purpose. Arizona, however, restricts the use of the left lane on multi-lane highways to only drivers who are passing. By law, drivers in this lane must move faster than those in the right lanes.

This law has been in place for a few years, but thousands of drivers have still received tickets throughout the state for not obeying it. Remember, you can receive a $50 fine for impeding the left lane, so it's best to avoid it.

6. “Stupid Motorist” Law

Arizona's "Stupid Motorist" law was passed in 1995 to deter drivers from entering flooded areas and becoming stranded. Under this law, if a driver disobeys posted flood warning signs and drives around a barricade, they are financially responsible for the cost of emergency services being called to recover their vehicle. Although this law is rarely enforced, drivers should still keep their safety at the top of their minds when driving—especially during the time of year when monsoons are most likely.

Learn More: What To Do When Driving in a Monsoon

Mesa Car Accident Attorneys

Skousen, Gulbrandsen & Patience, PLC has dedicated our practice to helping injured individuals throughout Arizona seek justice. We’ve helped thousands of clients recover millions of dollars in compensation and are committed to helping you get back on your feet. Schedule a free consultation with our team today by calling (480) 833-8800.

What Is a Legal Claim in Law? (Claim Legal Definition)

If you’ve been poking around legal sites recently, chances are, you’ve stumbled across the phrase “legal claim” in a law dictionary or two. But it can be hard to decipher a concise answer to what is a legal claim and what lawyers mean by “asserting a claim.” Today, we’ve got you covered with the official legal definition of a claim and how it could impact your personal injury case.

What is a Claim in Law?

When you ask, “What is a claim in law?” you have to specify which type of law you mean. The legal system is broken into several branches, and each one tackles different types of crime and injustice. Aside from family law and labor law, some of the more common specialties of the civil procedure include:

The definition of “claim” in the legal dictionary relies on the type of civil procedure in question.

Legal Definition of Claim for Tort and Criminal Law

Within the legal dictionary, the definition of claim is similar to both tort and criminal law. As a verb in tort law, “claim” means to put forth a formal demand for payment that is due as a remedy for an injury. As a noun in tort law, “a claim” is a written demand for something due. In other words, claims in tort law help grant victims compensation.

In criminal law, a claim is still a demand for something a victim is owed. However, instead of just a monetary demand, the victim of a crime can also demand justice. A victim can sue to obtain the enforcement of rights against another party, to obtain real estate, or to obtain a sum of money. In this type of case, their claim is essentially a set of facts sufficient to justify a right to file a suit.

What Is a Legal Claim in Law? (Claim Legal Definition)

Legal Definition of Claim for Intellectual Law

The legal definition for a claim is a bit different in intellectual law. Intellectual law protects the rights of creators and innovators. Specifically, patent law is a branch of intellectual law that deals with new inventions and breach of contract.

In patent law, a claim is a technical description of an invention’s novel elements. Each element requires an additional claim. The majority of patents include multiple claims. The first claim is a general description of the invention in the broadest terms allowed by the United States Patent and Trademark Office (USPTO).

Subsequent claims describe how each element of the invention gets created in great detail. In this type of case, these claims protect the propriety of a product and ensure no employee or business partner can replicate its features.

What is a Claimant in Personal Injury Law?

When wondering, “What is a legal claim?” you’ll likely end up with a whole other question: what is a claimant? In reality, a claimant isn’t a what; it’s a who.

In a law dictionary, a claimant refers to an individual responsible for filing a claim. It can also refer to an individual “claiming” damages. In personal injury law, the claimant is the injury victim. The claimant will also act as the plaintiff if the case goes to trial. The alleged at-fault party will act as the defendant.

How Do You Assert a Claim in Personal Injury Law?

Once a claimant has a claim, what do they do with it? They assert it! To assert a claim in personal injury law means to file a case with the insurance company demanding compensation for damages, like medical bills or lost wages. You can also assert a claim by filing a lawsuit against the individual responsible for your injuries.

When asserting legal claims, evidence and documentation are required by law to prove the defendant’s wrongdoing. For instance, consider an auto accident victim who sustained back injuries, including whiplash and a herniated disc, in a crash they didn’t cause.​

First, a personal injury attorney analyzes the facts of the case, such as the car accident report and witness testimony. Then, the attorney gathers evidence to discover the primary cause of action or proximate cause of the accident.

The attorney finds the proximate cause of the accident was the defendant failing to stop for a traffic light. The attorney concludes the defendant was at-fault for the accident, so they file a claim with the defendant’s insurance company for a certain amount of money. By asserting a claim with the insurance company, the victim can receive compensation for their damages, including medical bills, pain and suffering, and more.

What is the Nature of a Claim?

State law requires a claimant to file a written request with the insurance company outlining details of their claim. This request must include the subject matter of the case, including the injuries the claimant sustained and why the other party is liable. Continuing with the example above, the plaintiff would send medical proof of their herniated disc and whiplash injuries, as well as evidence the at-fault driver failed to stop for a traffic light.

Once the insurance company receives this request, they have 60 days by law to provide the defendant’s coverage amounts. The provided coverage amounts should clearly define each item of the defendant’s insurance policy, including excess or umbrella insurance, and the limits of the coverage. This is called the nature of a claim.

The nature of the claim is essentially a written agreement between the claimant and the defendant’s insurance company. It encompasses evidence of why the claimant is demanding payment, as well as whether or not the defendant has adequate insurance to cover the payment. The nature of the claim provides an unbridled look into a defendant’s insurance coverages, safeguarding the insurance company from fraudulent cases and preventing the victim from being short-changed.

What Happens After You File a Claim?

After you file a claim, your attorney files a demand letter that specifies the amount of money you expect and why.

The opposing party can agree and disperse the demanded funds, which would be the end of the settlement timeline. Alternatively, the opposing party can disagree and offer a rebuttal, counterclaim, or cross-claim.

What Is a Legal Claim in Law? (Claim Legal Definition)

If you and your attorney do not agree to the counterclaim or cross-claim, you can issue a revised demand letter. In some cases, litigants exchange letters back and forth until a settlement is reached. But if both parties cannot come to an agreement within an appropriate period of time, the claim can escalate to the trial court. The case then enters the discovery phase to uncover further details about the accident. There, a trial judge will issue a verdict.

Speak with a Personal Injury Law Firm to File a Claim

Legal terms (and state law in general) can be confusing—that’s what a trusted personal injury law firm is for. Reach out today for a free case evaluation to determine if you’re within your right to file a legal claim.

5 Cell Phone Dangers & Common Defects You Need to Know

Cell phones are not exempt from product liability. See what you need to know to avoid defective mobile devices and the types of injuries these can cause.

Attention all Samsung cell phone users! If you own the Note 7 model, you need to opt into the phone replacement program due to a fire risk from a battery flaw. You will need to go through the retailer from which you bought your phone and every experience is going to be different, but Samsung is issuing a $25 credit to those who decide to stay loyal to the brand and switch to the Galaxy S7 or the Galaxy S7 Edge.

Most types of product recalls are related to children’s toys or vehicle parts. It’s almost unheard of to recall cell phones, so when people started getting injured by Note 7 batteries catching fire, it came as quite a surprise and Samsung quickly pulled the product from shelves to prevent future injuries. While this particular defect is quite alarming, there are many other, smaller hazards that can also accompany cell phones. Here are other types of cell phone dangers that you need to consider before upgrading or purchasing a new mobile device.

Wait Until After the Phone Release before Buying

To avoid becoming victim of product liability, it is best to be patient when any new piece of technology is released to the market. While products may test well during the manufacturing and pre-release studies, most product defects are found during daily use of phones or mobile devices. Wait a few weeks and read reviews or studies that discuss product capabilities, safety alerts and any other concerns. After this research, you will have a better idea of whether or not you want to buy the product after all.

Use Common Sense with Cell Phone Use While Charging

​Never use the phone while it is on the charger. The sole purpose of the phone being plugged in is to recharge the battery. There is a significant electrical current being delivered to your mobile device when it is plugged in, and it can cause some serious injuries in the event of a power surge or a circuit defect within the device or its charger. Manufacturing defects within the phone, tablet, or charger cord can cause electrical fires and serious burns.

Be Aware of Potential Dangers with Cell Phone Distractions in Public Areas

When you are out walking or in a public space, be sure to maintain constant awareness of your surroundings when using your mobile device. Having your head down while walking and using your phone puts you at extreme risk of slipping and falling, as well as other pedestrian-related accidents. Being distracted by your phone also makes you an easy target for muggers. If you plan to jog to music on open roads, try leaving one earbud out, so you can hear and be more conscious of your surroundings.

Reduce Distracted Driving with a Safe Cell Phone Plan while On the Road

Avoid any type of cell phone use while driving, even if you use voice-controlled prompts. Fumbling around to access your Bluetooth and struggling to make your phone actually listen to your voice commands takes your attention off the road. These actions alone make you a high-accident risk. If you need to call or text someone, be sure to do this before or after your trip. If you should need to use your phone during your journey, find a safe place to stop that is away from the flow of traffic before picking up your phone to text or call. Gas stations and parking lots are a great stopping point that provides you quick and safe access back into your driving trip.

Protect Your Brain while Sleeping

It is important to unplug your brain and invest in quality sleep to recharge yourself for the next day. Too many people are guilty of sleeping with their phones, which can cause insomnia or lack of deep sleep. Some researchers even believe there is a radiation risk with mobile devices, especially in prolonged use situations. Prevent nighttime sleep woes by putting your phone on a dresser or a nightstand that is far enough away that you need to physically get up to get to it. This is also a handy tip for those who are guilty of pressing snooze too many times. You may also want to enable your Do Not Disturb feature on your phone to silence spam email alerts and any other notifications that can wait until the morning.

If you have injuries relating to cell phone dangers in either an open recall or an unannounced safety alert, consult with a product liability lawyer to protect your rights. You deserve to have a legal voice and representation when participating in a high-profile case like a mass cell phone recall.

Skousen, Gulbrandsen & Patience is a personal injury law firm that is located in Mesa, AZ. We handle all types of accident cases including product liability from manufacturing defects. It is important to hold manufacturers and distributors responsible for any dangerous products on the market that can cause serious injuries. We invite you to contact our law firm to meet with our attorneys for free during your first meeting to discuss your case strategy. We are here for you and your injury case.