Zachar Law Blog

Arizona has a pedestrian accident crisis: Something needs to be done.

In the past month, there have been 10 pedestrian traffic fatalities in the Phoenix metro area, and two more people were left in critical condition during that period.

The deaths continued a deadly state trend noted in a national report released on March 1, when the Governors Highway Safety Association reported Arizona had the highest rate of pedestrian fatalities in the nation.

Three people died, and one person was critically injured when an SUV hopped a curb and struck four pedestrians in March, according to a Maricopa County Sheriff's Office spokesman.

That accident came a day after two pedestrians were struck and killed by cars in separate accidents in Scottsdale and Tempe.

On March 9, three pedestrians were killed in separate collisions, two early that day and one that evening in Phoenix.

On March 5 and 6, two pedestrians were killed and one critically injured in three separate incidents in Phoenix.

“This is horrible. This is a major crisis that we have here in Arizona," said Alberto Gutier, director of the Governor's Office of Highway Safety in Arizona. "I am horrified because I've seen for the last two years the increase of pedestrian fatalities going up," Gutier said. "The state is doing the best they can. Cities have marked crosswalks; they have signs that say, 'Don't cross here' and they still do it."

He added: "People think that they're invincible and they cross."

Comment: I do not believe for one moment that people ‘think they are invincible’. That is not why these things happen.

Inattention? Distraction? Feeling in a zone of safety (crosswalk) and assuming the driver will obey rules of the road (stop for a pedestrian in a crosswalk?).

For those killed or injured when the car jumps the curb, you cannot argue that the injured people felt ‘felt invincible.’

For pedestrians on the road, likely one of the above reasons is the cause or contributing factor—not because they “felt invincible.”

Should pedestrians be more careful when crossing a roadway? Yes. Regardless as to whether they have the right of way, a crosswalk is not a “forcefield.”

Remember, car v. Pedestrian: The pedestrian ALWAYS loses.

Source: AZCentral

What factors would cause my personal injury case to go to litigation?

You have sustained injuries from a car accident or other event.

Your hope is to present the claim for your injuries and damages and have the insurance company pay an acceptable value in a reasonable period.

If neither of these occurs, then you have two choices:

1. Accept the last offer; or
2. File a lawsuit to seek what they should be paying you.

“Litigation” means “lawsuit.” It means you are filing papers to establish a formal dispute in a court of law.

When do you know it is time to file a lawsuit? Here are the possibilities:

1. There is a denial of fault for causing the accident or causing your injuries: The only way to resolve these disputes is through litigation;
2. The insurance company offer is not good and will not get any better: They want to try and buy you off cheap. Don’t fall for it; and
3. You are running out of time: ALL cases have time limitations. Do you know yours? Miss it, and your case is gone—forever.

No one enjoys or looks forward to being involved in a lawsuit, but sometimes it is necessary to obtain a just recovery for our clients.

Contrary to what insurance companies want you to believe, lawsuits are not “bad” and not only filed by “greedy people looking for money.”

Indeed, did you know that our court system is nothing more than a formal dispute resolution system?

Our forefathers knew that to live in a peaceful, free and orderly nation, we needed to have a peaceful means of resolving our disputes. Hence, our courts.

Questions: Please feel free to call me at 602-494-4800 or email me at czachar@zacharlaw.com.

What happens if you’re in a car accident but a police report was never completed?

Driving down the road and another vehicle turns left in front of you.  You try to stop, but cannot and a crash occurs.  What should you do?

#1:  Call the police, and wait.

#2:  Exchange information with the other driver (name, phone number and insurance information), and wait for the police.

#3:  Hope the police do not take too long to get there. 

Why so important to wait for the police?  Here is why:

It is our experience at the scene of the crash, people are upset, scared, emotional and more likely to be apologetic for what happened. If the police come to take the information for their report, they are more likely to get the true story from the people involved.  Not always, but often.

When the police get this information and record it for the report, it is really hard to change things. 

However, once people leave the scene, they talk to others:  Family, friends, co-workers, etc…, and stories about what happened can change.  Before you know it, the at-fault driver has created a story that is 1) consistent with the damage to the vehicles but 2) has you as the at-fault driver.

WHAT??!!!  What happened?  After they left the scene, they talked to family, friends, co-workers, etc… and their version changed.  Now they are in a money-saving mindset—they do not want their auto insurance to go up for having caused a crash.

So, if possible and the time frame reasonable, wait for the police. If the other driver just wants to exchange information and leave, be nice, and agree if they are okay to allow you to use your cell phone to record (video) the other driver admitting fault. 

Car accident and police report not completed?  It may not be a big deal, but generally, if you are the innocent party you want to wait for the police and get it done.