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Scales of Justice on a desk. Comparative Liability in California

Pure Comparative Negligence in Arizona

By Bicycle Accident, Car Accident, Personal Injury, Slip or Trip and Fall

What Is Comparative Negligence

Accidents rarely have only one cause. Often, more than one person shares responsibility. Comparative negligence laws determine how much each party can recover in damages based on their percentage of fault.

Many states follow a modified comparative negligence system. In those states, a person can only recover compensation if their share of fault is under a set limit. Usually, the limit is 50 or 51 percent. If the person is found equally or more responsible, they cannot recover anything.

Arizona Uses Pure Comparative Negligence

Arizona does not use a modified comparative negligence rule. Instead, it follows pure comparative negligence. This means that even if you were mostly at fault, you may still recover some damages. Your recovery is reduced by your percentage of fault.

For example, if a jury finds you 80 percent responsible for a car accident with $100,000 in damages, you could still recover $20,000. That is because your compensation is reduced by your share of fault but not completely barred.

Why the Difference Matters

The difference between modified and pure comparative negligence is important.

  • In Arizona, you are never fully barred from recovery unless you acted intentionally, willfully, or wantonly to cause harm.

  • Every percentage point matters. Reducing your share of fault by even a small amount can increase your recovery.

  • Insurance companies may try to assign you more fault to reduce their payout.

Because Arizona follows pure comparative negligence, you have more opportunities to recover compensation, even if fault is shared.

Exceptions and Special Rules

Arizona law does limit recovery in cases where a person acted intentionally or with reckless disregard. In those situations, comparative negligence does not apply. Additionally, in certain product liability cases, contributory negligence is not a defense unless negligence is also claimed.

Why Hire Fielding Law

Comparative negligence cases can be complicated. Insurance companies often push for higher percentages of fault to pay less. At Fielding Law, we understand how to investigate, gather evidence, and present your case in the best light. Our team is professional, kind, and dedicated to improving the lives of each client through ethical and effective representation.

If you have been injured in an accident in Arizona, you do not have to face the insurance company alone. Call 833.88.SHARK to discuss your case with a caring and capable personal injury lawyer today.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

A family and attorney speaking about an injured minor

Navigating Minor’s Compromise in Arizona

By Brain Injury (TBI), Car Accident, Pedestrian Accident, Personal Injury, Premises Liability, Public Entity, Slip or Trip and Fall

What Is a Minor’s Compromise?

A Minor’s Compromise in Arizona protects the rights and interests of children who suffer injuries in accidents or legal claims. Arizona requires court approval through what is known as an Arizona Minor’s Compromise, a process that ensures any settlement is truly in the child’s best interest.

Key aspects of this process include:

  • Court Approval: All settlements for minors must be reviewed and approved by the court to ensure fairness and adequacy.

  • Guardian Representation: A parent or legal guardian represents the minor in court and demonstrates that the settlement is in the child’s best interest.

  • Settlement Details: The court evaluates the proposed settlement, medical expenses, rehabilitation needs, and the long-term impact on the child’s life.

  • Distribution of Funds: Approved settlements may be placed in a structured or blocked account to protect the funds until the minor reaches an appropriate age or as directed by the court.

Common Situations for Minor’s Compromise

Minor’s Compromise is often used when a child suffers an injury due to someone else’s negligence. Examples include:

These cases often involve long-term medical or therapy needs, which the court considers when approving the settlement.

Structured Settlements vs. Lump-Sum Settlements

In many Minor’s Compromise cases, the court recommends structured settlements. This ensures that funds are available over time for ongoing care, education, or other needs. Lump-sum settlements may be allowed in certain cases but are carefully reviewed to protect the minor from mismanagement of funds.

Role of the Guardian ad Litem

In Arizona, a court may appoint a guardian ad litem (GAL) to advocate for the minor’s best interests. The GAL is an independent representative whose job is to ensure the child’s rights are fully protected throughout the legal process. They review the proposed settlement, evaluate whether it fairly covers current and future needs such as medical care or therapy, and make recommendations to the judge.

Think of the GAL as a dedicated advocate for your child in court. Even though parents or guardians are involved, the GAL focuses solely on what is truly best for the minor, helping ensure they receive the care and compensation they deserve.

Steps in the Minor’s Compromise Process

  1. Gather Necessary Documents: Collect medical records, accident reports, and settlement agreements.

  2. File the Petition: Submit the Minor’s Compromise petition to the appropriate court.

  3. Court Hearing: Attend the hearing, where the judge reviews the case to ensure the settlement is fair and adequate.

  4. Receive Court Order: Once approved, the court issues an order confirming the settlement and how the funds will be managed.

Why Timing Matters

It is important to consult a lawyer early in the process. Accepting a settlement without proper legal guidance could leave the child undercompensated, especially if long-term medical care or therapy is needed.

How Fielding Law Can Help

Navigating a Minor’s Compromise in Arizona can be complex. At Fielding Law, we provide experienced and compassionate guidance to ensure that your child’s best interests are protected. We investigate the circumstances of the injury, advocate for fair compensation, and help families understand the legal process.

If your child has been injured, call 833.88.SHARK 24/7 for a free consultation with an Arizona Minor’s Compromise lawyer. Our team is here to support your family and guide you through every step with care and clarity.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

Disneyland in the background with a Halloween wreath

Oogie Boogie Bash – A Disney Halloween Party Safety Tips

By Car Accident, Pedestrian Accident, Personal Injury, Premises Liability, Product Liability, Slip or Trip and Fall

Enjoying Oogie Boogie Bash – A Disney Halloween Party

Oogie Boogie Bash – A Disney Halloween Party at Disneyland is one of the most anticipated seasonal events, offering trick-or-treating, themed entertainment, and photo opportunities with beloved characters. While the event is fun for all ages, the excitement and large crowds can create safety risks.

Common Risks at the Event

Even with strict safety protocols, attendees should be aware of potential hazards, including:

  • Slips, trips, and falls on wet or crowded pathways

  • Collisions with other guests or ride vehicles

  • Costume or accessory hazards, such as long capes or masks that obstruct vision

  • Fatigue, dehydration, or heat-related issues during long evenings

  • Children wandering or getting separated from caregivers

Practical Safety Tips

Follow these tips to keep your family safe while enjoying the event:

  1. Choose safe costumes – Make sure shoes fit well and costumes do not drag on the ground

  2. Stay hydrated – Bring water and take breaks throughout the evening

  3. Keep children close – Use ID bracelets and designate a meeting spot in case anyone gets lost

  4. Be mindful of crowds – Avoid pushing and watch for congested areas near popular attractions

  5. Use safe lighting – Glow sticks or reflective gear help keep children visible

  6. Plan ahead – Map out restrooms, first aid stations, and exit routes before the event

Legal Considerations

Even with precautions, accidents can still happen. Injuries may occur due to slips, falls, or negligence by staff or other guests. Disneyland and other event organizers have a responsibility to maintain safe conditions, and victims of preventable injuries may have legal options.

How Fielding Law Can Help

If you or a loved one suffers an injury during Oogie Boogie Bash – A Disney Halloween Party, it is important to seek guidance as soon as possible. Fielding Law provides compassionate, knowledgeable support and can help investigate your case, gather evidence, and explain your legal options.

You can call 833.88.SHARK 24/7 for a free consultation to discuss your injuries, your rights, and potential compensation for medical bills, lost wages, or pain and suffering. Our team is available around the clock to provide guidance, answer questions, and help you take the next steps with confidence.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

Front Door with a lady giving halloween candy to a child

When Halloween Fun Turns Frightening

By Bicycle Accident, Burn Injury, Car Accident, Catastrophic Injury, Pedestrian Accident, Personal Injury, Wrongful Death

Halloween Injury Risks and Statistics

Halloween can be one of the most exciting nights of the year. Neighborhoods come alive with costumes, porch lights, and the sound of children laughing as they go door-to-door. Halloween can be one of the most exciting nights of the year, but as any experienced Halloween injury lawyer will tell you, it also comes with serious risks.

National Safety Council data shows that children are more than twice as likely to be struck by a vehicle on Halloween night compared to any other day. A long-term study published in JAMA Pediatrics found that pedestrian fatalities are 43 percent higher on Halloween evening, with children between the ages of 4 and 8 at the greatest risk. The hours between 5 p.m. and midnight are the most dangerous, and many of these tragedies involve dark clothing, poor visibility, and distracted driving.

Emergency rooms also see a surge in Halloween-related injuries. The U.S. Consumer Product Safety Commission reports that 3,200 people are treated every year for incidents that happen during October festivities. More than half of those injuries come from pumpkin carving accidents, a quarter from falls on dark or uneven paths, and the rest from costume mishaps, burns, and allergic reactions.

Most Common Halloween Injuries

Pedestrian Accidents
A Halloween injury lawyer often sees the most heartbreaking cases come from pedestrian crashes on this night. The combination of crowded streets, excited children, and reduced daylight creates dangerous conditions for walking. Drivers may have trouble seeing trick-or-treaters, especially when costumes are dark or masks block vision.

Slip and Fall Incidents
Decorations on sidewalks, long costume hems, and dim porch lights are all common hazards. Falls can lead to sprains, broken bones, or head injuries.

Costume-Related Injuries
Masks that restrict vision, costumes that drag on the ground, or flammable materials can lead to accidents. Choosing fire-resistant fabrics and reflective accessories can help reduce these risks.

Burns from Open Flames
Candles in jack-o’-lanterns, bonfires, or even decorative lighting can cause clothing or hair to catch fire. Battery-operated lights are a safer choice.

Food-Related Emergencies
Although rare, allergic reactions to candy or homemade treats can be severe. Parents should check ingredient labels and watch for signs of distress.

Keeping Halloween Safe

While the statistics are sobering, most Halloween injuries are preventable. Drivers can slow down in residential areas, parents can add reflective tape or glow sticks to costumes, and homeowners can keep walkways well-lit and free of tripping hazards. Even small safety steps can make a big difference in avoiding tragedy.

Why Hire Fielding Law

If you or your child has been injured in a Halloween-related accident, you deserve legal guidance from a compassionate and capable team. Fielding Law understands the emotional and financial toll these incidents bring and is committed to protecting your rights. We investigate each case thoroughly, identify responsible parties, and fight for the compensation you need to move forward. Call 833.88.SHARK to speak with our team.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

Waymo autonomous vehicle on a road

What to Know About Waymo Insurance

By Car Accident, Personal Injury, Rideshare Accident

What is Waymo?

Waymo develops self-driving cars as part of Alphabet. It began as a Google project and now offers robotaxi services in cities like Phoenix, San Francisco, and Los Angeles. These vehicles transport the public without a human driver, and Waymo continues to expand its fleet.

What Are Autonomous Rideshare Vehicles?

Autonomous rideshare vehicles drive themselves using cameras, sensors, radar, and artificial intelligence. They follow traffic laws, avoid obstacles, and navigate city streets. Although they are designed to reduce accidents, crashes can still happen. If you are injured, an autonomous rideshare lawyer can guide you through the claims process.

Who is Protected by the $5 Million Policy?

California requires autonomous rideshares like Waymo to carry a $5 million insurance policy. This coverage protects both passengers and others on the road:

  • Riders/passengers: The policy pays medical bills, lost wages, and other damages if a passenger is hurt.

  • Other drivers and their passengers: The policy covers injuries or property damage caused by the autonomous vehicle.

  • Pedestrians and cyclists: The policy also protects anyone injured outside the vehicle.

An autonomous rideshare lawyer can help ensure the insurance company provides the compensation you deserve.

Why It Matters for You

  • Accidents may involve passengers, pedestrians, or other drivers.

  • A $5 million policy gives a safety net for serious injuries.

  • Knowing this coverage exists can help you feel more secure when using an autonomous rideshare.

Safety Data and Realities

Waymo reports that its self-driving cars cause fewer accidents than human drivers. Studies show fewer injuries and crashes per mile. However, accidents still occur. If you are hurt, statistics cannot protect you. This is why speaking with an autonomous rideshare lawyer is important.

Why Hire Fielding Law

If you were injured in a Waymo or other autonomous rideshare, you need a law firm experienced with this technology. Fielding Law investigates accidents, negotiates with insurance companies, and fights for victims. Our team listens to your story and guides you through every step. Call 833.88.SHARK to schedule your free consultation today.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

person driving for a rideshare service

Rideshare Law Changes in California

By Car Accident, Personal Injury, Rideshare Accident

Rideshare Law Changes in California

California has introduced a new rideshare law that impacts Uber and Lyft passengers as well as drivers. These updates change insurance requirements and expand rights for drivers, which means both benefits and challenges for riders.

Reduced Insurance Coverage for Riders

In the past, Uber and Lyft had to provide up to $1 million in uninsured and underinsured motorist coverage. This coverage protected passengers if another driver causes the crash but does not have enough insurance. The new California rideshare law reduces that amount to $60,000 per person and $300,000 per accident.

For passengers, this is a major shift. A serious accident can leave medical bills and recovery costs that exceed the new limits. Riders may need to turn to their own auto or health insurance policies for additional coverage.

Drivers Gain the Right to Unionize

The new law also grants drivers the ability to form unions and bargain for better wages and benefits. This step could help improve working conditions and create more stability in the rideshare industry. However, drivers will remain independent contractors under existing California rulings.

What This Means for Passengers

While lower costs for rides may follow these changes, riders face reduced protections if an accident occurs. At the same time, stronger driver rights could improve reliability. For passengers, the new California rideshare law is a reminder to be aware of how accident protections have shifted.

Why Hire Fielding Law

If you are hurt in an Uber or Lyft accident, you should not face the confusing legal system alone. At Fielding Law, our attorneys understand California and Arizona rideshare accident laws. We can explain how the new California rideshare law impacts your case and help you seek the compensation you deserve.

Call 833.88.SHARK today for a free consultation about your rideshare accident.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

Golden Gate Bridge in California

How SB 82 California Law 2025 Could Impact the Injured

By Bicycle Accident, Car Accident, Motorcycle Accident, Pedestrian Accident, Personal Injury, Slip or Trip and Fall, Truck Accident, Wrongful Death

Understanding SB 82 and the New California Laws

Governor Gavin Newsom recently signed SB 82 and several related bills intended to reduce costs and strengthen protections for California families. These new laws address issues such as rental housing, unfair fees, and consumer rights. While they are not specific to personal injury, they can influence how injured Californians manage expenses and protect themselves financially during recovery.

How SB 82 and Related Laws May Help the Injured

1. Limits on Hidden Fees
SB 82 and other new laws restrict hidden or surprise charges added to purchases or services. For injured individuals, this could mean more transparent billing when using delivery, repair, or transportation services. Avoiding unexpected fees can make it easier to manage finances while focusing on recovery.

2. Stronger Tenant Protections
New housing-related laws require landlords to provide basic appliances like stoves and refrigerators in rental units and offer more flexibility when tenants face delayed government benefit payments. For someone injured and temporarily unable to work, these protections can help maintain housing stability while waiting for insurance or disability payments.

3. Easier Contract Cancellations
The updates also allow homeowners to cancel certain home improvement or repair contracts through email or phone. This change protects injured individuals from being trapped in costly agreements if their financial situation changes during recovery.

4. Broader Consumer Protections
California expanded existing consumer laws to make it harder for businesses to mislead or overcharge customers. Injured people, who may depend more heavily on outside services during recovery, gain stronger legal protection against unfair practices.

What This Means for Injury Victims

SB 82 California law 2025 does not directly change personal injury law, but it reflects a growing effort to protect residents from unexpected costs. For people coping with an injury, these safeguards can make recovery more manageable by reducing financial stress and improving access to fair treatment in housing and business transactions.

If you were injured due to someone else’s negligence, understanding your financial rights is only part of recovery. Legal representation can help ensure that you receive the full compensation you deserve.

Why Hire Fielding Law

At Fielding Law, we provide compassionate and capable legal help for those injured due to negligence in California and Arizona. Our team understands that recovery involves more than physical healing. Financial pressure, medical bills, and lost wages can make life overwhelming, and we are here to help you find stability and peace of mind.

Call 833.88.SHARK for a free consultation about your injury.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

Scales of justice on a desk

Comparative Fault Explained

By Bicycle Accident, Car Accident, Dog / Animal Bite, Personal Injury, Premises Liability, Wrongful Death

Understanding Comparative Fault

Comparative fault is a legal principle that may impact how much compensation you recover in a personal injury case. It applies when both the injured person and the at-fault party share responsibility. A court or jury will assign percentages of fault, and your award is reduced by the amount of fault assigned to you.

Comparative Fault in California

California follows a pure comparative fault system. Even if you are found 99 percent at fault, you may still recover damages for the 1 percent caused by someone else. For example, if you are injured in a car accident and awarded $100,000 but are found 40 percent at fault for speeding, your recovery would be $60,000.

Comparative Fault in Arizona

Arizona also follows a pure comparative fault system. This means you can pursue compensation even if you bear the majority of the blame. For example, if you are injured in a bicycle accident and the court finds you 30 percent at fault for riding against traffic, you would still recover 70 percent of your damages. If the total damages were $50,000, you would receive $35,000.

How Comparative Fault Applies to Different Cases

Dog Bites

In California and Arizona, dog owners are strictly liable when their dog bites someone. However, if the injured person provoked the dog or was trespassing, comparative fault may reduce the compensation.

Car Accidents

Car accidents often involve multiple factors. One driver may run a red light while the other sends a text. Both actions contribute to the crash. In these cases, the court assigns fault to each driver and reduces recovery according to those percentages.

Premises Liability

Property owners have a duty to keep their premises safe. However, if an injured person ignores posted warnings or engages in risky behavior, comparative fault may reduce recovery.

Bicycle Accidents

Bicycle accidents frequently raise disputes over responsibility. A driver might fail to yield, while a cyclist ignores traffic laws. Both sides play a role. The court weighs each person’s actions and adjusts damages based on the percentage of fault.

Why Hire Fielding Law

At Fielding Law, we understand that comparative fault cases are often complicated. Insurance companies may attempt to exaggerate your share of fault to minimize payouts. Our attorneys will stand by your side to protect your rights and fight for the compensation you deserve. We are committed to guiding you and your family with care, compassion, and determination.

Call 833.88.SHARK today to speak with a comparative fault lawyer who will protect your best interests.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

Multiple cars sitting in peak time of traffic trying to get off an exit ramp.

When Do Most Car Accidents Happen?

By Car Accident

Timing Is Everything on the Road

The peak time for auto accidents is not random. Certain hours of the day and specific days of the week see more collisions than others. Whether you commute to work, run errands midday, or drive late at night, knowing when roads are riskiest could help you avoid a life-changing crash.

The Most Dangerous Hours to Drive

According to the National Highway Traffic Safety Administration (National Safety Counsel), the most common time for accidents is between 4:00 p.m. and 7:59 p.m. This afternoon window lines up with rush hour, school pickups, and an increase in fatigued or distracted drivers.

Evening Rush Hour Risks
  • Heavier traffic volume

  • Impatient or tired drivers

  • More distractions after a full workday

Late Night and Early Morning Hazards

While fewer cars are on the road at night, the rate of fatal crashes increases after dark. The danger spikes between midnight and 3:00 a.m., especially on weekends. Contributing factors often include:

Weekend vs. Weekday Crash Patterns

Weekends might feel more relaxed, but Saturday and Sunday evenings often see higher accident rates. More social activities and alcohol consumption play a big role in this trend.

During the week, Friday evenings are particularly dangerous as people head into the weekend. Mondays typically see fewer accidents, but that does not mean drivers can let their guard down.

Seasonal and Weather Impacts

The time of year also plays a role in accident patterns. In Arizona and California, for example, the risk increases during extreme heat due to tire blowouts or overheating. In wetter climates, rain can cause slick roads and reduced visibility.

Stay Safe During Peak Times

To reduce your chances of an accident:

  • Avoid driving during known high-risk hours when possible

  • Do not drive distracted or impaired

  • Keep your vehicle well-maintained

  • Leave extra time to avoid rushing

Being aware of the peak time for auto accidents empowers you to take control. But if the unexpected happens, Fielding Law is ready to help you get the justice you deserve.

Why Hire Fielding Law

If you were injured in a crash during a high-risk time, you are not alone. Accidents caused by negligence deserve legal attention. At Fielding Law, we understand the pain and disruption these accidents cause. Our experienced team is here to guide you through your legal options with compassion and care.

Let us handle the legal side so you can focus on healing. Call 833.88.SHARK or visit fill out our contact form for a free call back to discuss your options.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

impaired vision driving. Roadway is blurry with surroundings having a motion blur

Injured by an Impaired Person

By Car Accident

Understanding Impairment and Injury

Injury-causing accidents involving impaired individuals are more common than many realize. Impairment can affect judgment, reaction time, motor skills, and decision-making. When a person is not fully alert or functioning normally, their actions can endanger others—whether behind the wheel, operating machinery, or even hosting an event.

Types of Impairment That Cause Injuries

Impairment can take many forms. Below are common types that may contribute to preventable injuries:

1. Alcohol Impairment

  • One of the most well-known forms.

  • Impaired drivers cause thousands of fatal crashes each year.

  • The NHTSA reports that 13,524 people died in alcohol-impaired crashes in 2022 alone.

2. Drug Impairment

  • Includes both illegal substances and prescription medications.

  • Even legal drugs like sleep aids, antidepressants, and painkillers can impair judgment or motor skills.

  • According to the CDC, marijuana is the most frequently detected drug in impaired drivers after alcohol.

3. Fatigue (Drowsy Driving)

  • Sleep deprivation mimics alcohol intoxication.

  • A driver who has been awake for 20+ hours has the same performance impairment as a driver with a 0.08% BAC.³

  • The National Safety Council estimates drowsy driving contributes to over 100,000 crashes every year.⁴

4. Medical Conditions

  • Conditions like epilepsy, diabetes (low blood sugar), and neurological disorders can impair awareness and cause sudden accidents.

  • Drivers are required by law to disclose these conditions to the DMV, but many fail to do so.

5. Mental Impairment

  • Anxiety, depression, and psychosis may affect a person’s ability to act safely and rationally.

  • These impairments may also contribute to workplace injuries, self-harm in public spaces, or endangerment of others.

What to Do if You Are Injured Due to Impairment

If you suspect impairment played a role in your accident or injury, here are the steps to take:

1. Call 911 Immediately
Get law enforcement and emergency services on the scene. Police can conduct field sobriety or drug tests.

2. Document the Scene
Take photos of damage, the location, people involved, and any visible signs of impairment (e.g., stumbling, slurred speech).

3. Get Medical Attention
Even if you feel okay, get checked. Some injuries may not present symptoms right away.

4. Speak with Witnesses
Ask anyone nearby if they noticed odd behavior before the incident—this can support your claim.

5. Contact Fielding Law
Do not navigate this alone. If someone’s impairment caused your injury, you may be eligible for compensation for medical bills, lost wages, and pain and suffering.

What This Means for You

Whether your injuries occurred in a car accident, at a public event, on private property, or at work, impairment can be a form of negligence. If the impaired person was acting irresponsibly—and their condition led to your injury—there may be a legal case against them and potentially other responsible parties, such as:

  • A bar or restaurant that over-served alcohol

  • A property owner who failed to monitor impaired guests

  • An employer who allowed an unfit employee to work

You do not have to prove the person meant to harm you—only that their impairment made them a danger to others and that it caused your injury.

Why Hire Fielding Law

If you or someone you love has been injured due to impairment, our team at Fielding Law is here to guide you with care and strength. We help victims understand their rights and pursue the maximum compensation available under the law. We are not a massive firm with gimmicks—we are a compassionate, capable team focused on getting real results for real people.

Call 833.88.SHARK or contact Fielding Law today for a free consultation.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

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