Defendant's Attorney: David F Gaona

Description: Phoenix, Arizona personal injury lawyer represented the Plaintiffs who sued the Defendants on auto negligence wrongful death theories claiming to have suffered more than $75,000 in damages and/or injuries as a direct result of a car wreck caused by the failure to exercise due care by one of Defendant's employment in the operation of a motor vehicle.

This case was filed in the Gila County Superior Court, S0400CV202200120, and was removed to federal court by the Defendant.

"Key Elements of Arizona Auto Negligence Law:

Duty of care: Every driver in Arizona has a duty to operate their vehicle safely and follow traffic laws to avoid harming others. This includes:
Speeding
Distracted driving
Driving under the influence (DUI)
Reckless driving
Failing to yield right of way
Ignoring traffic signals
Breach of duty: The injured party must prove that the other driver breached their duty of care, causing the accident and resulting injuries. Evidence like:
Police reports
Witness statements
Accident scene photos
Vehicle damage photos
Medical records
Proximate cause: The breach of duty must be the direct cause of the accident and injuries. Simply showing the driver was negligent isn't enough; you must prove their negligence directly caused the harm.
Damages: If all elements are proven, the injured party can seek compensation for various damages:
Medical expenses
Lost wages
Pain and suffering
Property damage

Comparative Negligence:

Arizona adheres to a modified comparative negligence rule. This means the injured party's own negligence can reduce their compensation proportionally. For example, if they're 30% at fault, their damages are reduced by 30%. However, exceeding 50% fault bars them from recovering any damages.

Additional Points:

Statute of limitations: Claims in Arizona have a two-year statute of limitations, starting from the date of the accident.
Legal resources: Consult the Arizona Bar Association or Arizona Department of Transportation for guidance and resources.

Specific Scenarios:

Here are some situations where Arizona auto negligence law might apply:

Car accidents: A driver violating traffic laws and causing a collision could be liable for resulting injuries.
Hit-and-run accidents: The injured party can still pursue compensation through their uninsured/underinsured motorist coverage.
Pedestrian accidents: Drivers have a duty to exercise due care towards pedestrians and are liable for causing injuries due to negligence.

Seeking Legal Help:

If you believe you've been harmed due to someone else's negligence in an Arizona auto accident, it's crucial to consult with an experienced personal injury attorney specializing in auto negligence. They can:

Assess your case and identify potential legal options.
Gather evidence and build your case.
Negotiate with insurance companies or represent you in court."

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Arizona Wrongful Death Law:

Who can file a claim? In Arizona, the surviving spouse, children, or parents of the deceased can file a wrongful death claim. If there are no immediate family members, other designated beneficiaries may be eligible.
What damages can be recovered? The law allows claims for economic and non-economic damages, such as medical expenses, lost income, pain and suffering, and loss of companionship.
Time limits: Arizona has a two-year statute of limitations for filing a wrongful death claim. This means you must file your lawsuit within two years of the date of the death.

Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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