• 1440 E Missouri Ave, Suite 265 Phoenix, AZ 85014

    Paul Englander, PLC

    Injury Attorney In Arizona

    Wrongful Death Lawyer Scottsdale, AZ

    Wrongful Death Lawyer Scottsdale, AZ

    Scottsdale Collisions and Injuries

    Wrongful Death Lawyer Scottsdale, AZ

    The Scottsdale Independent reports that the most dangerous time of day for vehicle and bicyclist collisions is during the evening commute around 5:00-6:00 pm, pedestrian accidents in Arizona occur more often between 10:00 and 11:00 am and 6:00 to 7:00 pm.  A wrongful death lawyer Scottsdale, AZ  clients recommend may be able to further investigate a crash, evaluate a claim, and assist a family as a result of such a tragedy.

    The top 10 areas for collisions in Scottsdale for 2015 and 2016 were:

    1. Frank Lloyd Wright Blvd from Greenway/Hayden to Hayden Road – 103 collisions
    2. Shea Blvd from Scottsdale Road to Hayden Road – 72 collisions
    3. Scottsdale Road from Osborn Road to Indian School Road – 61 collisions
    4. Scottsdale Road from Indian School Road to Camelback Road– 61 collisions
    5. Camelback Road from Scottsdale Road to Miller Road – 60 collisions
    6. Scottsdale Road from Camelback Road to Chaparral Road – 56 collisions
    7. Frank Lloyd Wright Blvd from Scottsdale Road to Greenway/Hayden – 55 collisions
    8. Hayden Road from Thomas Road to Osborn Road – 54 collisions
    9. Shea Blvd from Hayden Road to 101 Freeway – 50 collisions
    10. Scottsdale Road from Princess to Mayo Blvd – 49 collisions

    In January 2019, the Scottsdale Police Department stated that the most recent pedestrian fatality had brought the 12 month total to seven pedestrian fatalities in total. There has been a rise in pedestrian fatalities. There were nine fatal collisions in 2017 and then 22 in 2018. A wrongful death lawyer Scottsdale, AZ can advise family members regarding their legal rights and remedies.

    According to a report from the Governor’s Highway Safety Association, Arizona had the highest rate of pedestrian deaths in the country per capita in the first half of 2017. Approximately 230 pedestrians were killed in Arizona after being hit by a car in 2017. There were 111 deaths by June 30, 2018.

    The Arizona fatality rates have been steadily increasing since 2013. According to the Governor’s Office of Highway Safety, there were 151 in 2013, 155 in 2014, 173 in 2015, and 197 in 2016.

    If a pedestrian is seriously injured as a result of another party’s negligence, from a car or truck crash, a personal injury lawyer should be contacted to discuss legal remedies. Fault of the parties needs to be investigated, witnesses may need to be contacted. An accident reconstructionist may need to be consulted to discuss possible legal claims.

    Each person’s claim is unique and different. Many factors are considered, what are the injuries, how long have the symptoms or disability lasted, are there permanent injuries? How have the injuries affected the injured person’s activities, employment, marital, or family life? How have the injuries affected the person’s enjoyment and quality of life?

    A personal injury lawyer will further consider the injured party’s lost income and work disability, since the date of the injury, and for the future. In more serious cases the involvement of a medical life care planner and an economist may be needed to project future medical bills and economic losses.

    Should serious injuries occur following a crash a wrongful death lawyer Scottsdale, AZ should be contacted. A free, no-obligation consultation should be offered, there should be no attorney’s fees until a case is settled.

    Paul Englander is also a member of the Scottsdale Bar Association and is a certified specialist in Injury and Wrongful Death by the State Bar of Arizona.

    Proving Wrongful Death

    In an Arizona wrongful death case, the court must weigh some sort of evidence before finding a defendant liable for harm. If there is no evidence, there can be no liability. In civil cases, such as those involving car accidents or construction injuries, the burden of producing evidence is on the plaintiff (the victim’s survivors or other representative). If this burden is not satisfied there will be no recovery. Less well known, however, is the more complex matter: the burden of persuasion. If you have lost a loved one because of another party’s negligence, contact the Law Office of Paul Englander, PLC to speak with a wrongful death lawyer Scottsdale, AZ families trust.

    A Preponderance of the Evidence – Burden of Production

    In accordance with the due process protections of the United States Constitution, defendants are presumed innocent until proven otherwise. In order to prove that a defendant is responsible for causing injury in civil cases, the plaintiff must introduce evidence that shows the defendant committed each required element of the “tort” (civil wrong). The factfinder – e.g., the jury – then determines whether they believe the defendant is liable by a “preponderance of the evidence.” The best way to view this standard is akin to “more likely than not.” This is far less exacting than the criminal law standard of “beyond a reasonable doubt.” In a civil case, the jury can still have some doubts, but, if taken together, they believe it is more likely that the defendant was negligent, then they can return a verdict for the plaintiff.

    The Burden of Persuasion vs. the Burden of Production

    In addition to the burden of producing evidence – the obligation to introduce evidence sufficient to prove each element of the negligence charged – the plaintiff (through their Scottsdale, AZ wrongful death lawyer) also has the burden of persuasion.

    At first glance, it may seem odd that the burden of production and the burden of persuasion are not one and the same. If a plaintiff satisfies the burden of production by introducing evidence sufficient to establish each element of the negligence, why has the plaintiff not, then, satisfied the burden of persuasion? The difference between these two burdens rests on the different roles of the judge and jury. The burden of production is satisfied when the trial judge determines that the evidence (in theory) is sufficient to prove that the defendant is liable, while the burden of persuasion is satisfied only when the evidence (in actuality) is sufficient to convince the jury.

    The reason for the difference lies in the fact that the jury is permitted to weigh the evidence differently than the judge. For example, the jury may gauge whether or not they find a particular witness credible. Thus, a plaintiff may satisfy the burden of production without satisfying the burden of persuasion.

    If the Burden Is Not Satisfied

    It is thus the burden of the plaintiff to persuade the jury that the defendant is liable, based on the evidence introduced at trial. It is the jury that ultimately decides, through the deliberation process, whether or not the plaintiff has satisfied this burden. If the jury is not persuaded by the evidence, then they will return a verdict for the defendant.

    The distinction between burden of production and burden of persuasion is one reason why it is critical to seek out a Scottsdale, AZ wrongful death lawyer who has experience in these specific cases. You need an attorney who has the persuasive skills and understanding of trial practice to best convince a jury of the merits of your argument. To find out what legal recourse you may have for the tragic loss of your loved one, contact the Law Office of Paul Englander, PLC today.