Allen Law Firm Allen Law Firm 2026-08-14T21:26:44Z https://www.goodazlawyers.com/feed/atom/ WordPress /wp-content/uploads/sites/1204599/2025/08/cropped-allen_site_icon-32x32.png On Behalf of Allen Law Firm <![CDATA[In Arizona, Holding Your Phone Is Illegal. Hurting Someone With It Is a Crime.]]> https://www.goodazlawyers.com/?p=46940 2026-08-14T17:06:27Z 2026-08-14T17:06:27Z What A.R.S. § 28-914 actually says, and how a $75 ticket becomes a class 1 misdemeanor under A.R.S. § 28-672 By Jamal F. Allen, Allen Law Firm, Arizona's Big Crash Lawyers The short version. Arizona's hands-free law, A.R.S. § 28-914, makes it illegal to hold a phone while driving. A first ticket is $75 to $149. But § 28-914 is also one of twelve violations listed in A.R.S. § 28-672, which means that if your phone use causes a crash that seriously injures or kills someone, the ticket becomes a class 1 misdemeanor: a criminal charge carrying up to six months in jail, a license suspension, and mandatory traffic survival school. Most drivers know the first half of that. Almost nobody knows the second. What Arizona's hands-free law prohibits Section 28-914 bans two things while you operate a motor vehicle on a street or highway. Holding it. You may not physically hold or support a portable wireless communication device, or a stand-alone electronic device, with any part of your body. Not your hand, not your shoulder, not your lap. Reading or writing text. You may not write, send, or read any text-based communication. The statute names text messages, instant messages, email, and internet data. One carve-out is built into the opening line. The ban applies unless the vehicle is parked or stopped for a red signal under § 28-645(A)(3) or stopped at a railroad grade crossing under § 28-851. So a driver stopped at a red light on Alma School is outside the prohibition. A driver creeping forward at three miles per hour on the 60 is not. What is still legal This is the part that matters most to ordinary drivers, and the part news coverage almost never explains. Voice dictation. Using voice to direct the writing, sending, or reading of a text is permitted. Hands-free devices, including your car's built-in interface. You may use a hand to activate or deactivate a function, such as the button on your steering wheel. An earpiece, headphones, or a wrist-worn device for a voice conversation. Navigation, GPS, and vehicle information, used hands-free. Emergencies. The section does not apply when you use a device to report illegal activity or summon emergency help. Call 911. Four groups of driver fall outside the section entirely: operators of authorized emergency, law enforcement, or probation vehicles acting officially; FCC-licensed operators using a radio frequency device that is not a portable wireless device; operators using a two-way or private land mobile radio under 47 C.F.R. Part 90 during work duties in a fleet vehicle or with a commercial driver license; and operators using a vehicle-affixed device to relay information to a dispatcher or a digital network in the course of their occupation. The statute's definition also excludes radios, CB radios, commercial two-way radios, subscription emergency devices, prescribed medical devices, ham radios, and built-in security, navigation, or diagnostics systems. What a hands-free ticket costs in Arizona Standing alone, a violation is civil, not criminal. *  First violation: at least $75, not more than $149 * Second or subsequent: at least $150, not more than $250 Three details people ask about. An officer stopping you for this violation may not take or inspect your device unless otherwise authorized by law. Except as provided in § 28-3312, no state agency may use the violation to decide whether your license should be suspended. And since the end of 2020 the rule has been uniform statewide, because cities, towns, and counties are preempted from adding their own. When does using a phone while driving become a crime in Arizona? When somebody gets hurt. Section 28-672 is titled causing serious physical injury or death by a moving violation. It lists twelve violations, including running a red light, failing to yield, passing a stopped school bus, and speeding in a school crossing. At paragraph twelve is section 28-914. Commit any one of them, and the violation causes a crash that seriously injures or kills another person, and you have committed a crime. Specifically: * Class 1 misdemeanor, the most serious misdemeanor grade in Arizona. Up to six months in jail under § 13-707, and a fine up to $2,500 under § 13-802, plus statutory surcharges. * “Serious physical injury" takes its meaning from § 13-105: injury creating a reasonable risk of death, serious and permanent disfigurement, serious impairment of health, or loss or protracted impairment of the function of any bodily organ or limb. Broader than most people assume. A badly broken limb can qualify. * Mandatory traffic survival school. The court may also order community restitution. * License suspension or restriction. On a first violation, at least 90 days and up to 180 for serious physical injury; at least 180 days and up to a year where someone dies. * Restitution capped at $100,000  under § 13-603. *Two years to prosecute, running from actual discovery of the offense, or when reasonable diligence should have discovered it. Most misdemeanors allow one. Two points of precision, because both drivers and lawyers get these wrong in opposite directions. Under § 28-672 itself, a death carries the same class 1 misdemeanor classification as a serious injury. The statute lengthens the license suspension, not the offense class. That does not mean a fatal distracted-driving crash can only be a misdemeanor. Depending on the facts, the conduct may be charged under Title 13. Section 28-672 is a floor, not a ceiling. And subsection F contains something unusual. If the person who suffered the serious physical injury appears in court before trial and acknowledges receipt of satisfaction for the injury, the court shall dismiss the prosecution on payment of costs, and that order bars another prosecution for the same offense. Why the law is written this way The National Highway Traffic Safety Administration reports that 3,208 people were killed in crashes involving distracted drivers in 2024. In 2023 the figure was 3,275. NHTSA's own description of the risk remains the clearest sentence written on the subject: sending or reading a text takes your eyes off the road for five seconds, and at 55 miles per hour that is like driving the length of a football field with your eyes closed. Do the arithmetic instead of picturing the field. Five seconds at 55 miles per hour is about 400 feet in which nobody is driving your car. Not driving badly. Not driving. In 400 feet a light changes, brake lights come on ahead of you, a child steps off a curb near Dobson and Guadalupe, and none of it reaches you in time to matter. The FCC, drawing on NHTSA data, reports 437 deaths in 2024 in crashes involving a driver engaged in cellphone-related activity, with cellphone use cited in 14 percent of distraction-affected fatal crashes. Distraction affected 8 percent of fatal crashes and 13 percent of injury crashes. One honest caveat, and it comes from NHTSA rather than from me. The agency states that distraction-affected crashes are underreported. Drivers are unlikely to volunteer they were texting, and when a driver dies, investigators must reconstruct the crash without that account. The true numbers are almost certainly higher than the published ones. Five habits that keep you legal and alive
  1. Mount the phone before you move. A vent mount converts most violations into non-violations because you are no longer holding anything.
  2. 2. Set navigation in park. Hands-free navigation is lawful. Typing a destination while rolling is exactly what the statute reaches.
  3. Turn on driving mode. Both major phone systems will silence notifications and autoreply. One-time setup.
  4. Pair the car or wear an earpiece. Both are expressly permitted.
  5.  If a call cannot wait, park. A parking lot, not the shoulder of the 202.
If you have a teenager in the house, understand that they are watching what you do, not what you say. Common questions Can I use my phone at a red light in Arizona? Yes. The prohibition does not apply while your vehicle is stopped for a red signal under § 28-645(A)(3), parked, or stopped at a railroad crossing under § 28-851. It does apply the moment you are moving again, including in stop-and-go traffic. Can I hold my phone if I am only using GPS? No. Navigation is permitted hands-free, but holding the device is a separate violation regardless of what is on the screen. Does a hands-free ticket put points on my license? Except as provided in § 28-3312, a state department or agency may not consider a § 28-914 violation in deciding whether to suspend or revoke your license. A conviction under § 28-672 is a different matter and does carry a suspension. Can an officer take my phone during the stop? No. Under § 28-914(F), an officer stopping you for an alleged violation may not take possession of or inspect the device unless otherwise authorized by law. Do the rules change city to city in Arizona? No. Since December 31, 2020, this is a matter of statewide concern, and local regulations that conflict are void. Is texting and driving a felony in Arizona? Not under § 28-672, which classifies both serious injury and death as class 1 misdemeanors. Other charges under Title 13 may apply depending on the facts. If a distracted driver hurt your family Proving distraction is specific work, and it is time sensitive. Phone records, device data, app activity, and the vehicle's own event data all exist and can be obtained through legal process. They also get overwritten and cycled out on their own schedules. If a serious injury is involved, there may also be a criminal case under § 28-672 running alongside your civil claim. That case belongs to the State, not to you, but Arizona gives crime victims rights within it that a lawyer can explain. Call us at 480-899-1025. If we are not the right firm for your case, we will say so and point you toward someone who is. Allen Law Firm, Arizona's Big Crash Lawyers 1660 S. Alma School Rd., Suite 207, Mesa, AZ 85210 480-899-1025  Bad crash. Good lawyers. goodazlawyers.com Statutes: A.R.S. § 28-914 (portable wireless communication device while driving); § 28-672 (causing serious physical injury or death by a moving violation); § 13-105 (serious physical injury); § 13-707 and § 13-802 (misdemeanor jail and fines); § 13-603 (restitution); § 28-645(A)(3) and § 28-851 (stopped-vehicle carve-outs); § 28-3312. Confirm current text at azleg.gov. Data: NHTSA, Distracted Driving (nhtsa.gov), reporting 3,208 distraction-affected fatalities in 2024, 3,275 in 2023, and the five-second figure; NHTSA has stated these crashes are subject to underreporting. FCC, The Dangers of Distracted Driving (fcc.gov), reporting 437 cellphone-related fatalities in 2024. General information about Arizona law, not legal advice. Reading this does not create an attorney-client relationship. If you are facing a citation or criminal charge, or you were injured by a distracted driver, speak with a lawyer about your specific facts.]]> On Behalf of Allen Law Firm <![CDATA[How to Answer Questions Under Oath]]> https://www.goodazlawyers.com/?p=46939 2026-08-14T17:02:22Z 2026-08-14T17:02:22Z Preparing for a deposition in an Arizona injury or wrongful death case By Jamal F. Allen, Allen Law Firm, Arizona's Big Crash Lawyers* Start here because everything else follows from it. You cannot win your case at your deposition. You can only lose it. Nobody is going to hear your testimony that day and hand you a check. The defense lawyer is not going to be persuaded. There is no argument you can make that ends the case in your favor. What can happen is that you say something that costs you. That is the entire risk, and it is the only thing worth preparing for. I spent years taking these depositions for insurance companies before I ever represented an injured person. What follows is what I was actually watching for. A companion article, What Happens at Your Deposition, covers the room, the timing, and the questions you should expect. This one covers how to answer them. Preparing is not memorizing If you try to memorize answers you will sound rehearsed, and you will come apart the first time a question arrives sideways. What works is three disciplines, practiced until they run on their own. Truth. Precision. Restraint. One. Truth, especially when the truth is inconvenient Every case has bad facts. You were going a little fast. You waited eleven days to see a doctor. Your back has bothered you before. You had two beers with dinner. Bad facts by themselves rarely decide a case. Getting caught shading one often does. Juries tend to forgive an injured person who was going five over. They tend not to forgive a witness they believe is shading, and once they doubt one answer they start doubting all of them. So tell your own lawyer the bad facts early, long before the deposition, so they can be handled instead of discovered. One more thing, and I mean it literally. No lawyer worth having will tell you what to say. I will tell you what to expect, and how to answer carefully, and where the traps are. I will never tell you what your answer is. If a lawyer ever does that, find another lawyer. Two. Precision, which mostly means refusing to guess This is the discipline that matters most and the one people fail. "I do not know" is a complete answer. "I do not remember" is a complete answer. Neither makes you look evasive. Both beat a guess that a photograph contradicts six months later. The trap is estimating. You will be asked how many feet away the other car was, how fast it was going, how many seconds went by. Almost nobody can do that reliably. But a polite person feels rude saying so and offers a number to be helpful. Then an accident reconstructionist runs the arithmetic on your number, and your generous guess becomes the proof that your own account is impossible. I have seen honest witnesses destroyed this way, and every time it happened they were trying to be cooperative. If you cannot estimate reliably, say so. If you can describe it another way, do that instead. "About the length of this room" is honest. "About as long as it takes to say a sentence" is honest. A number you invented to be accommodating is not. Two smaller versions of the same trap. Watch for "fair to say." Defense lawyers use it to get you to adopt their wording. If it is not quite fair to say, do not agree just to keep things moving. And be careful with "always" and "never" about your own habits. Very few of us always do anything, and a single exception turns an absolute answer into an inconsistency. Three. Restraint, which is mostly about pace Let the silence sit. You finish an answer. The lawyer says nothing, looks down at his notes, lets the quiet stretch. It becomes unbearable, so you keep talking. Everything you add in that moment is testimony nobody asked for. The silence is his tool, and the discomfort is the point. Let it sit. Pause before every answer. Two or three seconds, every single time, including easy ones. It gives you a beat to actually hear the question. It gives your lawyer room to object. And a steady rhythm keeps you from pausing only on the tough questions, which is its own kind of signal. A transcript records words, never pauses. Nobody will ever see you thinking. Answer the question asked, then stop. Not the question you expected, not the one you wish had been asked, and not the follow-up you can see coming. Make sure you understand it first. If it’s two questions stuck together, or it uses a word you are unsure of, ask for it to be rephrased. Every lawyer in that room knows that’s a fair request. Ask for breaks. The usual practice, and most lawyers will say so on the record, is that you may break at any time except while a question is pending. Take them. Hour four is what fatigue is for. What your lawyer is doing People walk into a deposition feeling like they have no protection. Not so. But the protections work differently than television has taught you and knowing that in advance keeps you from panicking. Objections are not rulings. Under Rule 30, your lawyer states the objection for the record and then you usually answer anyway. The testimony is taken subject to the objection, and a judge sorts it out later if it ever matters. When your lawyer objects and then tells you that you may answer, nothing has gone wrong. Being told not to answer is rare, and narrow. The Arizona Court of Appeals has confirmed that a lawyer may instruct a deponent not to answer only to preserve a privilege, to enforce a limit the court has ordered, or to present a motion to terminate or limit the deposition. Your lawyer is not being passive by letting you answer most things. The rule requires it. Your conversations with your lawyer stay private. They may ask whether you met with your lawyer to prepare. Say yes, because you did, and there is nothing improper about it. They may not ask what the two of you discussed. Denying that you prepared is a needless lie about something entirely proper, and it is exactly the kind of answer that costs a witness her credibility over nothing. A deposition can be stopped. If questioning is conducted in bad faith, or in a way that unreasonably annoys, embarrasses, or oppresses you, Rule 30 provides a way to suspend it and take the problem to a judge. It is uncommon. It exists. The night before Sleep if you can. Eat something in the morning. Know where you are parking. Bring nothing you have not discussed with your lawyer. Notes you write to prepare yourself can sometimes be asked about, so ask first. Do not review your own medical records looking for answers to give. Review them, if at all, to refresh your memory about what happened to you, which is a different thing and an honest one. And remember what the assignment is. Not to persuade anybody. Not to win. Just to be an honest person who tells the truth carefully, takes her time, and does not guess. That is a low bar in principle and a hard one in practice, which is why we spend hours on it. How we prepare clients We take a limited number of cases, and deposition preparation is one of the reasons why. Done properly it takes hours, sometimes more than one sitting, and it cannot be handed to somebody who has never read the file. That is the part of this work that does not scale. It is also, often, what decides how a case ends. If your deposition is on the calendar and you do not feel ready, that is worth a phone call. Whether or not the call is to us. Allen Law Firm, Arizona's Big Crash Lawyers 1660 S. Alma School Rd., Suite 207, Mesa, AZ 85210  480-899-1025 Bad crash. Good lawyers. goodazlawyers.com Rules referenced: Ariz. R. Civ. P. 30 (depositions by oral examination, including objections and instructions not to answer). Rules are amended from time to time. Confirm current text at azcourts.gov. General information about Arizona civil procedure, not legal advice. Reading it does not create an attorney-client relationship. Prepare for any scheduled deposition with the lawyer who represents you rather than relying on any article, including this one.]]> On Behalf of Allen Law Firm <![CDATA[What the Insurance Company Does When You’re Over 70]]> https://www.goodazlawyers.com/?p=46938 2026-08-14T16:59:00Z 2026-08-14T16:59:00Z By Jamal F. Allen | Allen Law Firm, Arizona's Big Crash Lawyers For years I defended insurance companies before I ever represented an injured person. That background taught me something uncomfortable. When the injured person is older, the arguments change. They don't get louder or meaner. They get quieter, and they all run in one direction: this isn't as bad as it looks, or the crash didn't cause it. There are three of these arguments. They come up in nearly every file I see. Here they are, and here is why each one is weaker than it sounds. Argument one: "The MRI shows degeneration. That's arthritis, not a car accident." Your scan comes back. The radiologist notes disc degeneration, some bulging discs, maybe narrowing in the spine. An adjuster reads that report and draws the obvious conclusion. Wear and tear. Age. Not our driver's fault. Now here is what that reasoning misses. In 2015, a team of researchers led by Dr. Waleed Brinjikji published a study in the American Journal of Neuroradiology. They gathered spine imaging from more than three thousand people who had no pain at all. No back trouble, no complaints. Then they counted how often degenerative findings showed up anyway. The answer was: almost always, and more often with age. Among people with no symptoms whatsoever, disc degeneration appeared in 37% of 20-year-olds and in 96% of 80-year-olds. Bulging discs followed the same pattern. The authors concluded that many of these findings are simply part of normal aging, are not associated with pain, and have to be read alongside what is actually going on with the patient. Think about what that does to the adjuster's argument. If nearly every pain-free person your age has degeneration on a scan, then finding it on your scan doesn't tell us much about why you hurt today. On its own, it tells you about as much as gray hair does. Two honest caveats, because I would rather you hear them from me than from a defense expert. Scans are not worthless. A companion study by some researchers found that several imaging findings do show up more often in adults under 50 who have back pain than in those who don't. Imaging matters. It just cannot answer the causation question by itself. And you don't get paid for the arthritis. Arizona is careful here. You are not entitled to compensation for a condition you already had. What you are entitled to is compensation for the “worsening”. If a collision makes an existing condition worse, the driver who caused it answers for that, and it doesn't matter that a younger person might have walked away. Arizona's Court of Appeals said so in a case called Gasiorowski v. Hose, and Arizona juries hear a standard instruction on exactly this point. But someone has to prove it. That takes your records and your doctors, describing what changed. Which brings me to the part only you can supply. The question was never what your spine looks like. The question is what changed. You played nine holes on Tuesday and couldn't get out of a chair on Thursday. You have lived in that body for seven decades and you know precisely what is different now. Tell your doctors that, in those words, and make sure it goes in the chart. Argument two: “She's retired. There's no wage loss.” This one isn't really an argument. It's an omission, and it is usually the expensive one. Injury claims get valued around lost income out of habit. No paycheck, no wage claim, thinner file. What that habit misses is that a retired person's losses can be larger than a working person's, because what the injury takes is expensive to replace. Look at what is actually on the ledger. The work you did yourself. Yard work, housekeeping, driving, cooking, laundry. Arizona treats the value of household services you can no longer perform as an economic loss. If you are paying someone now, that cost belongs in the claim. The care you need. Help three days a week after surgery, then every day. Home health has a price and it is not small. Where you live. This is the one left out of nearly every file I review. You were living independently. Now you aren't. Moving from an independent apartment into assisted living, or up a level of care in the same community, carries a monthly difference you can calculate to the dollar. Carried out over time, it can come to more than a working person's entire wage claim. None of those numbers appear on their own. Someone has to sit down and build them. The carrier will not do it for you. There is one more loss that doesn't fit on a ledger and matters just as much. If the crash cost you the ability to drive, it didn't cost you a car. It cost you the ability to see your grandchildren without arranging it through somebody else. To get to your own doctor. To leave the house when you decide to leave the house. Arizona law allows compensation for that kind of loss. Write down what you can no longer do, week by week, in plain specifics. Vague loss gets valued at nothing. Argument three: "It was a five mile-per-hour impact. Nobody gets hurt at five miles per hour." This argument rests on a photograph of an undamaged bumper. Consider what the medical evidence says about a broken hip in an older adult. One-year mortality after a hip fracture is consistently reported between 15 and 30 percent. Fewer than half the people who survive one ever get back to how they were before it. So, a slow-speed collision in a parking lot off Baseline Road, the kind that generates a $900 estimate and a shrug, can begin a sequence that runs through a fracture, a surgery, a rehab stay, a walker, and a permanent change in where and how someone lives. The bumper photograph measures none of that. The same pattern shows up elsewhere. Many people over 70 take blood thinners, and a knock to the head that would leave a younger person with a headache can cause bleeding around the brain that doesn't announce itself for days. Thinner bones mean a spinal compression fracture can come from forces that wouldn't have marked you at fifty. Someone recovering from shoulder surgery may not be able to use a walker properly, which turns a shoulder injury into a fall risk, which becomes the next injury. None of this is exotic. It is ordinary geriatric medicine. It just takes somebody willing to explain the sequence to an adjuster who is looking at a picture of a car. Get checked after any collision, however minor it looked, and go back if something changes in the days after. Two practical notes Not every injury happens on a road. Shuttle vans, community parking lots, contractors working on the property, and delivery drivers all carry their own coverage, and those claims work differently. If you signed a long residency or admission agreement somewhere, it is worth reading what it says about how disputes get handled. Do that on a calm afternoon, not a bad one. The deadlines are shorter than almost anyone expects, and one of them is a trap. Most Arizona injury claims allow two years to file suit, under A.R.S. § 12-542. But if your claim is against a city, county, public school, or state agency, and that includes a city bus, a police vehicle, or a road maintained by a public agency, two shorter rules take over: Under A.R.S. § 12-821.01, you have 180 days from when the claim arises to serve a formal written notice of claim. It has to contain specific facts, a stated dollar amount, and go to the right person. Arizona courts have thrown out notices that fell short. Under A.R.S.§ 12-821, the lawsuit itself must be filed within “one year”, not two. Miss the 180 days and the claim is gone, no matter what any other deadline says. If a government vehicle or public property was involved in any way, that is a reason to make a call this week rather than next month. On who the client is One more thing, and I will say it plainly, because it matters more than anything above. When someone over 70 is badly hurt, the call to my office usually comes from a son or a daughter. That is love, it is often necessary, and I am glad when a family closes ranks around someone who has been injured. But if we take the case, you are the client. The law presumes an adult can direct their own affairs, and I start in the same place. You give the direction. You get my actual opinion, not the version that is easiest for everyone else in the room. If you want your daughter on every call, she is on every call, because you decide that. Families should be involved. Involved is different from in charge. That is also why this firm is small on purpose. We take a limited number of cases so that the person whose case it is gets the lawyer, not a file number and a case manager they have never met. It makes us selective. It also means we will tell you in the first conversation if we are not the right fit and point you toward someone who is. An offer I will come give a free 45-minute talk called "What the Insurance Company Does When You're Over 70"to any independent living community, senior center, church group, or club in the East Valley that wants one. No charge, nothing sold, and I will take questions until people run out of them. If you help plan programming somewhere and you want it on the calendar, call the office. And if you or someone in your family has been hurt in a collision, call before you give a recorded statement to any insurance company. The conversation costs nothing and it is usually short. Allen Law Firm | Arizona's Big Crash Lawyers 1660 S. Alma School Rd., Suite 207, Mesa, AZ 85210 480-899-1025 Bad crash. Good lawyers. goodazlawyers.com Sources: Brinjikji W, et al., "Systematic Literature Review of Imaging Features of Spinal Degeneration in Asymptomatic Populations," American Journal of Neuroradiology 36(4):811, 816 (April 2015). Hip fracture outcome figures reflect ranges reported across current published research. Gasiorowski v. Hose, 182 Ariz. 376, 897 P.2d 678 (Ct. App. 1994).   This article is general information about the insurance claims process. It is not legal advice, not medical advice, and not a substitute for either. How a deadline applies depends on the facts of your situation. If a deadline may be running, speak with a lawyer instead of relying on this article. Examples are illustrative and do not describe any specific client's case. No particular result is promised or implied, and every case turns on its own facts. Reading this does not create an attorney-client relationship.]]> On Behalf of Allen Law Firm <![CDATA[Five Things Insurance Companies Do to Reduce What You Recover]]> https://www.goodazlawyers.com/?p=46937 2026-08-14T16:49:45Z 2026-08-14T16:49:45Z 1. The recorded statement they want before you've seen a doctor An adjuster calls a day or two after the crash. Friendly, apologetic, easy to talk to. I just needs a quick recorded statement to get the file moving. Ten minutes, nothing formal. Look at the timing. That call almost always comes before you've had a full medical workup, and that isn't a scheduling coincidence. Adrenaline hides injury. Soft tissue damage in the neck and low back frequently doesn't announce itself for two to four days. A torn shoulder can feel like a deep bruise for a week. So, the statement gets taken in the exact window where a polite person says the most expensive sentence available to them: "I'm okay, just a little sore." Fourteen months later, when a surgeon is explaining a cervical fusion, somebody reads that sentence back. Not to call you a liar. To argue that whatever put you on that operating table came from somewhere other than the crash. The same recording does double duty on fault. Arizona follows pure comparative fault under A.R.S. § 12-2505, which means a jury can assign you a percentage of the blame and every point of it comes off your recovery. "I might have been going a little fast" is worth real money to the company that recorded you saying it. What to do instead: You have to cooperate with your own insurer. You don't owe a recorded statement to the other driver's carrier. Get examined first and let a doctor tell you what's wrong before you tell an adjuster what's wrong. 2. The medical authorization that reaches back further than the crash This one shows up as paperwork with a sticky flag on it. Sign here so we can get your medical bills paid faster. Read what you're signing. An authorization often isn't limited to treatment after the collision and often isn't limited to the parts of your body you actually hurt. Sign the broad version and you've handed over your entire medical history, sometimes going back ten or fifteen years. What happens next is predictable. A reviewer finds the walk-in clinic visit from 2016, when your neck was stiff for a week after you helped a friend move. Two appointments. It resolved. You'd forgotten it happened. It becomes the centerpiece of an argument that your injury is degenerative, pre-existing, and has nothing to do with anybody's driving. Arizona law doesn't let a defendant off the hook because you weren't in perfect condition beforehand. A defendant takes the injured person as he finds him, and aggravating a pre-existing condition is compensable. But that principle only helps if somebody is in the file making the argument, with the records and the treating physician lined up behind it. If nobody makes it, the old chart note just quietly shaves the offer. What to do instead: Keep authorizations narrow. Named providers, specific date ranges, the body parts at issue. That's an ordinary request, and a reasonable carrier will work with it. 3. The reserve, a number set on your claim before you've made a single decision Within days of the loss report coming in, the company places a reserve on your file. It's an internal estimate of what your claim will eventually cost them, and it gets set on almost nothing. Photos of the vehicles. The police report. Whether an ambulance transported anybody. Maybe a first phone call. Nearly everything that follows gets measured against that early number. Adjusters work inside authority limits. Pushing a file well above its reserve usually takes a supervisor, a memo, and a reason, so the path of least resistance always runs toward the number somebody guessed at in week one. Which is why the photographs carry more weight than anyone expects. A modern bumper cover is engineered to absorb a low-speed impact and look nearly untouched afterward, while the force it absorbed goes straight through to the people inside. The car photographs beautifully. The photo goes in the file. The reserve gets set low, and from then on you're arguing uphill against a number nobody ever told you existed. What to do instead: Photograph more than the damage. Get the interior, the seat position, the deployed airbag, the seatbelt mark on your shoulder, and every bruise as it develops over the next two weeks. Get seen promptly. What's documented in the first seventy-two hours tends to shape the rest of the claim. 4. The gap in treatment, and the check that lands the week rent is due These are two separate tactics, and they're designed to meet in the middle. Start with the gap. You go to physical therapy twice a week for a month. Then your kid gets sick, the co-pay is $40 a visit, your truck needs a water pump, and you miss three weeks. When you get back, you hurt exactly as much as you did before. To you that's just life in a hard month. In the claim file it reads as “symptoms resolved”, and it becomes the argument for cutting your damages off at the date of your last appointment. I've watched a three-week interruption cost more than the entire course of therapy would have. Now the timing. Low offers don't arrive at random. They tend to arrive when you're most likely to take one. After you've been out of work long enough to feel it. Around the first of the month. Right when short-term disability runs out. A fast $7,500 feels like a rescue when the mortgage is due Friday, and the release stapled to it is permanent. Sign it and the claim is closed, including the surgery you find out you need in October. What to do instead: Keep treating. If you have to stop, tell your provider why, so the reason goes in the chart instead of a blank space. And read an early offer as information about how the carrier is valuing your file, not as an answer to what your case is worth. 5. They value the policy in front of them, not what you're actually owed This is the expensive one, and it's the one almost nobody sees happen. Arizona's minimum liability coverage is $25,000 per person and $50,000 per accident. Those are real limits on real policies, and plenty of the traffic on Loop 202 and the US-60 is carrying exactly that or nothing at all. So, a family gets told the at-fault driver had $25,000, that's the policy, and there's nothing else to be had. Sometimes that's the truth. Often it isn't, because the recovery was never limited to that one policy in the first place. Take a rider on the Bush Highway hit by a driver carrying state minimums. If that rider's own policy has $100,000 in underinsured motorist coverage, the $25,000 isn't the end of the analysis, it's the start of it. He collects the $25,000 from the at-fault carrier and can pursue up to $75,000 more from his own. Then the questions keep going. Was the other driver on the clock, in a company vehicle or running a company errand? Commercial policies are a different universe from personal auto, and interstate motor carriers are required to carry federal minimums starting at $750,000. Was a rideshare app running? Those layers reach $1 million during an active trip. Does a resident relative in the household have a separate policy? Is there an umbrella policy sitting above any of it? Is there med-pay coverage nobody mentioned? Nobody stumbles onto those answers. They come from hours spent on one file by somebody who knows which rocks to turn over. That's the whole reason we keep our caseload small, and it's why we'll take a second look at a claim that's already been valued once. What to do instead: Before you accept any number, get every layer of available coverage identified in writing. The first policy anyone shows you is rarely the only one.

Why the Allen Law Firm is built small on purpose

We take a limited number of cases, and I'm personally involved in the ones we take. That's a structural decision, not a slogan, and it's the only way the work in section five above actually gets done. It also means we're direct about fit in the first conversation. Some cases are better served by a high-volume firm, and when that's true we'll say so and help you get where you're going. When we do take a case, we build it around the specifics of your injury, your job, your treatment plan, and what you need to accomplish for your family. What we ask in return is short. Follow the treatment your doctors order and tell us when something gets in the way. Call us before you talk to any adjuster. Keep your social media quiet. Pick up when we call because we will call. Those four habits put a client in a stronger position no matter who's representing them, and they're the reason our clients and our office end up on the same page instead of chasing each other. If you were hurt in a crash in Mesa or anywhere in Arizona Some cases can't wait. If someone died, if anyone is still in the hospital, if a commercial truck or a work vehicle was involved, or if an adjuster is already asking for a recorded statement, call today. Evidence in those cases has a shelf life. Black box data gets overwritten, driver logs cycle out on a schedule, and surveillance video from a nearby business is frequently gone inside of thirty days. Time limits matter too. Most Arizona injury claims carry a two-year deadline to file suit under A.R.S. § 12-542, and a claim against a city, county, or state entity, including a government vehicle, generally has to be served within 180 days. Miss those and the strongest case in the world is worth nothing. Call us at 480-899-1025. Tell us what happened. If we're not the right firm for your case, we'll tell you that too and point you toward someone who is. Allen Law Firm | Arizona's Big Crash Lawyers 1660 S. Alma School Rd., Suite 207, Mesa, AZ 85210 480-899-1025 Bad crash. Good lawyers. Goodazlawyers.com The examples in this article are illustrative composites used to explain common claims practices. They don't describe any specific client matter, and no particular result is promised or implied. Every case turns on its own facts. This article is general information about the insurance claims process, not legal advice, and reading it doesn't create an attorney-client relationship.]]> On Behalf of Allen Law Firm <![CDATA[Is Arizona a no-fault state for car accidents?]]> https://www.goodazlawyers.com/?p=46926 2026-05-21T17:02:57Z 2026-05-21T16:20:49Z No, Arizona isn’t a no-fault state for car accidents. Arizona uses an at-fault system, which means that the driver who caused the crash is responsible for the resulting damages. Because of this system, the victims in these crashes can turn to the court system to hold the negligent party liable for the financial damages of the wreck. It’s critical for victims of crashes that are caused by a negligent party to understand their rights. These include the ability to file a claim for things like medical bills, lost wages, vehicle damage and similar costs. Here’s what this means for your case:

What does “no-fault” vs. “at-fault” mean?

In a no-fault state, the consideration of fault isn’t a factor in who pays for what unless catastrophic injuries are present. The consideration of fault is a factor for these matters in at-fault states.

What is a no-fault state?

In a no-fault state, injured people turn to their own insurance coverage for their losses, even if they didn’t cause the crash. The coverage limits are clearly stated in the policy. If certain requirements are met, a victim has the ability to bring a legal claim against the negligent driver. 

What is an at-fault state?

In an at-fault state, responsibility is based on who caused the crash. The assignment of fault is based on a variety of evidence, including police reports, witness statements, traffic laws, photos and vehicle damage.

How fault affects your car accident claim in Arizona

After an Arizona crash, you will typically file a claim with the at-fault driver’s insurance company. The insurer may review the evidence to determine whether it will accept responsibility. They also have the option to dispute fault or argue that their client wasn’t the only party who contributed to the crash.  The damages you can file may include medical bills, lost wages, property damage and pain and suffering. The insurer will determine the value of the claim based on the facts, injuries, available insurance and proof of loss

Arizona’s comparative negligence rule

Arizona uses the comparative negligence standard to determine awards in personal injury cases. This allows victims to recover damages even if they’re partially at fault. The award they receive is reduced by the percentage of fault they’re assigned. This means that if they’re assigned 30% fault, their award would be reduced by 30%.

When should you contact an Arizona car accident lawyer?

You should contact an Arizona car accident lawyer if you suffered a serious injury. The lawyers at Allen Law Firm can help you deal with issues with the insurance company, such as fault disputes, denials or low settlement offers.  An attorney can help you to prove liability, which can help to maximize the compensation you receive. You only have two years to file your claim. Swift action is critical in these cases and an attorney can assist with getting everything prepared and filed. Still unsure? Learn more about when to contact an attorney after a car accident.]]> On Behalf of Allen Law Firm <![CDATA[When to consult a lawyer for a truck accident]]> https://www.goodazlawyers.com/?p=46919 2026-05-15T12:06:33Z 2026-03-09T16:10:05Z a typical car crash. In some situations, legal guidance may help you review what happened and what steps might follow.

Key factors that make truck accident cases more complex

Truck crashes often involve commercial operations, federal safety rules and several insurance policies. These elements may affect evidence review, responsibility and truck accident claim discussions. The following factors may increase complexity:

Regulatory investigations (FMCSA, hours-of-service logs)

Commercial trucking operates under oversight from the Federal Motor Carrier Safety Administration (FMCSA). This agency sets safety rules for trucking companies and drivers. Drivers must follow hours-of-service limits that control driving time and required rest breaks. These rules aim to reduce fatigue behind the wheel. After a crash, investigators may review driver logs or electronic records tied to these rules. These records may show driving hours or rest periods before the incident.

Black box (EDR) and other data evidence

Many commercial trucks store digital information through an event data recorder (EDR). Some people refer to this system as a truck “black box.” These devices may record information such as:
  • Vehicle speed before impact
  • Brake use before a crash
  • Sudden deceleration events
  • Engine activity data
Some systems replace stored information after a set period. Early review may help preserve records connected to the collision.

Insurance limits and coverage issues

Commercial trucking policies often include higher coverage limits than standard car insurance. Even so, policy structures may differ between companies. A trucking company may carry separate policies for liability, cargo or vehicle damage. Some drivers work as independent contractors. These arrangements may influence insurance discussions after a crash. Because of this structure, you may communicate with more than one insurer during the claim process.

Multiple liable parties & complex liability

Responsibility in a truck crash may involve more than one person or company. Investigators may review the role of the following parties:
  • Truck driver operating the vehicle
  • Trucking company managing the fleet
  • Maintenance contractor performing repairs
  • Cargo loading company securing freight
  • Manufacturer connected to the equipment failure
Several entities may take part in trucking operations. Because of that structure, investigators sometimes review contracts, inspection records and training practices.

When you should reach out to a truck accident attorney

Certain instances may lead you to consider legal guidance after a crash with a commercial truck. The following situations may prompt you to speak with a truck accident attorney:

1. You suffered serious injuries

Serious injuries may require ongoing treatment or therapy. Medical care may continue for weeks or months. When that happens, claim discussions may become more detailed.

2. A loved one died in the accident

A fatal crash may leave families with medical bills, funeral costs and questions about the incident. During this period, some families review investigative findings and possible claims with legal counsel.

3. Multiple parties are involved

Truck operations often include several companies. When more than one business may play a role in a crash, determining responsibility may require additional review.

4. Parties dispute liability

Sometimes the parties involved in a crash disagree about fault. Crash reports, witness statements or vehicle data may present different accounts of the event.

5. Insurance offers appear too low

Insurance representatives often review claims based on policy terms and available documents. If an offer does not appear consistent with documented losses, some people seek outside advice.

6. Critical evidence may disappear

Electronic records, maintenance logs and camera footage may not remain available forever. Early review may help preserve materials connected to the crash.

7. The trucking company’s insurer contacted you

Insurance adjusters may reach out soon after a crash. They may request statements or documents. Some people prefer to seek guidance before sharing detailed information.

8. You feel pressure to accept a quick settlement

Settlement talks may begin before the full impact of injuries becomes clear. Medical care, lost income and recovery needs may change over time.

9. Safety rules may not have been followed

Commercial trucks follow federal safety rules for driver training, rest breaks and vehicle checks. If someone did not follow these rules, the crash may raise safety concerns that need closer review. Time limits may also affect what steps you take after a crash. Arizona law sets filing periods for certain claims. Injury claims often allow about two years. Claims that involve government vehicles may require a claim notice within about six months of the crash.

Need help with your case? Contact a Mesa truck accident attorney

After a truck crash, pause before you give a statement or talk about a settlement with an insurer. Early talks may happen before you know your injuries, repair costs or other details. Start with the basic records from the crash. Gather the police report, photos from the scene, medical notes and messages from insurers. A Mesa truck accident attorney may review these records with you and point out questions to consider before you decide on your next step.]]>