Zachar Law Blog

How do police reports play a role in a personal injury claim?

Police officers, as first responders, often play a vital role in personal injury claims.  Police officers have the responsibility to document the physical evidence, the statements of the drivers and passengers and any eyewitnesses. 

Often the mere presence of a police officer will scare the at-fault driver into admitting fault for a crash.  Once confirmed and documented by the officer, it will be very difficult for the at-fault driver to later change his story (as frequently happens without a police officer at the scene).  

The investigation by a police officer will always be important.  Unfortunately, it is not always accurate, and for the innocent party, that can create an obstacle.  Regardless, if you are in an accident, never be in too big of a hurry in that you agree to simply "exchange information" with the at-fault driver.  

Take the time---call the police, and get the facts and the drivers' versions and admissions properly documented.  It will very likely make it much easier for you to present your claim and get your damages paid for by the at-fault driver's insurance.

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If you’re injured in a car accident and can’t work. What rights do you have? What can you do?

An accident can cause injuries that prevent you from working. As a victim of an at-fault accident you are entitled to be placed in the same position, you would have been had the accident not occurred.  As such, you are entitled to be compensated for any loss of income that is causally related to the accident, including time away from your job due to your inability to work or to attend medical appointments etc. 

In addition, an accident may result in a complete disability preventing you from ever working in the same job or type of job you previously worked. 

In order to best substantiate a loss of income claim, you should do the following:  (1) ensure that your doctor ordered your time off through a prescription or written notation; (2) ensure that you obtain documentation from your employer indicating the time missed as well as a calculation of the monetary loss; and (3) obtain your tax returns for the years prior and after the accident to show the loss of income. 

While the law entitles you to a claim for loss of income, it also requires proof of the loss. 

If your injuries do prevent you from ever working in the same job or vocation, and the at-fault driver has assets or an automobile insurance policy substantial enough to adequately compensate such a loss, it may be advisable to retain an economic/vocational rehabilitation expert to testify on the full value of your loss.

Related: Do you have a personal injury case? What you need to know. 

How Does Our State Senator Feel About Median Barriers Now?

Arizona Sen. Steve Smith and a campaign staffer walked away from a violent car crash Sunday after a parade on the Navajo Nation.  Smith, who is running for a seat in Congress, told The Arizona Republic he was riding shotgun in an SUV driven by campaign staffer Mark Fitzgerald. They were traveling on Interstate 40 near the Arizona-New Mexico border, headed back to metro Phoenix when the vehicle hydroplaned on rain-slick roads.

The vehicle careened into the median going about 65 mph.  "It felt like a boat hitting waves really hard," the Republican senator from Maricopa said. "It was like, 'Boom, then jump, then boom, then jump.' I was for sure we were going to roll. ... We were heading into oncoming traffic."  Fitzgerald, 24, turned the wheel, sending the vehicle back into their lane and into the back end of a semi-truck.

"My window is obliterated as we go into the semi, and it ripped the whole front end off, then the back end of the car smashes into the guardrail," Smith said.  "It's great to be alive," Smith said.

Smith credits divine intervention for their walking away from the crash.

And that everyone, is how these crashes happen and why median barriers are so important.

At 65 mph, a car is traveling nearly 100 feet every second.  At 75 mph, closer to 115 feet every second.

Most medians on Arizona’s highways (the grass/dirt area in the middle) ate 70-80 feet wide.  That means it will take less than 1 second at normal highway speeds to cross into the opposing lanes of travel.

Hydroplane; mechanical malfunction; medical emergency; an object in the road; vehicle interaction; impaired driver; inattention.  There are many reasons a vehicle can lose control on the highway.

And you know what:  It does not matter what the reason is to the innocent drivers/passengers going the opposite way.

There is an easy fix, and the State knows it. “Median barriers” prevent 95% of cross median crashes.  Barriers save lives.  Period.

By way of this post, we AGAIN implore our State highway department to do the right thing for all roadway travelers in Arizona:

Please install median barriers.

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