Zachar Law Blog

HALLOWEEN SAFETY TIPS FOR 2017

Every year, Halloween calls for our neighborhood streets to be filled with ghouls and goblins in search for a trick or treat. What a fun night for our neighborhoods—I have very fond memories of my trick or treat days.

However, with so many more people on the streets, it’s always important to take a few extra safety precautions.

The concept of “darkness” adds to the thrill of Halloween.  It happens at night, dark streets, dark clothing, etc… . 

Wearing masks can obscure a person’s ability to see what is already harder to see because of the “darkness” thing.

Below are a few tips that everyone can follow on Halloween night:

• Cross the street at corners, using traffic signals and crosswalks;
• Look left, right and left again when crossing and keep looking as you cross;
• Put electronic devices down and keep heads up and walk, don’t run, across the street;
• Teach children to make eye contact with drivers before crossing in front of them;
• Always walk on sidewalks or paths. If there are no sidewalks, walk facing traffic as far to the left as possible.  Children should walk on direct routes with the fewest street crossings;
• Watch for cars that are turning or backing up;
• Never dart out into the street or cross between parked cars; and
• Carry a flashlight and use it when you are crossing the street (you can turn it off when you walk up to a door for treats).

Children should always trick or treat with an adult.  Never alone!

If kids are mature enough to be out without supervision, they should stick to familiar areas that are well lit and trick-or-treat in groups.

Keep your costumes safe!

 Decorate costumes and bags with reflective tape or stickers and if possible, choose light colors;

Choose face paint and makeup whenever possible instead of masks, which can obstruct a child’s vision;

Have kids carry glow sticks or flashlights to help them see and be seen by drivers; and 

When selecting a costume, make sure it is the right size to prevent trips and falls. 

Drive Extra Safely on Halloween!

•         Slow down and be especially alert in residential neighborhoods. Children are excited on Halloween and may move in unpredictable ways.
•        Take extra time to look for kids at intersections, on medians and near curbs.
•         Enter and exit driveways and alleys slowly and carefully.
•         Eliminate any distractions (i.e. cell phone) inside your car so you can concentrate on the road and your surroundings.
•        Drive slowly, anticipate heavy pedestrian traffic and turn your headlights on earlier in the day to spot children from greater distances.
•        Popular trick-or-treating hours are 5:30 p.m. to 9:30 p.m. so be especially alert for kids during those hours.

 

EVERYONE, HAVE A SAFE AND FUN HALLOWEEN!!!

What are the downsides of not talking to a lawyer after your injury?

You have probably heard the old phrase “the person that represents himself has a fool for a client.”  Most people would prefer to go their entire lives without having to talk with an attorney, let alone hiring one.  However, speaking with an attorney as soon as possible (in nearly every situation) is often the best and wisest choice you may ever make.

Sooner is better than later when hiring an attorney.  This will prevent any potential issues or pitfalls that can occur when you speak to an adjuster for the at-fault person’s insurance company.  While hiring an attorney will cost you money and therefore decrease the net gain you may receive from a settlement or recovery, an attorney will often enable you to receive a better recovery. 

In addition, there are more issues involved then just recovering money through settlement.  Medical providers and your own health insurance carrier may have an enforceable lien against your settlement proceeds of which you may not be aware.  If you fail to pay these liens you may end up in litigation or collections for failing to pay these potential lienholders, even if you were unaware of their claims.  In addition, there may be more sources of recovery than you realize.  An attorney will explore all available options and resources for recovery that on your own you would not have known.

Finally, if an offer to settle is unacceptable, and you are unable to resolve the claim, the only option or solution is to file a lawsuit, which most people do not know how or have the ability to do.  A competent attorney that prioritizes your rights, will protect and serve your best interests, even if that means having to go to court.

When Can you Legally and Safely Enter a Crosswalk?

There is some confusion about the use of crosswalks on the Arizona roadways.                                                     

Crosswalks are known as the area reserved for pedestrians to safely cross the roadway. We are told from the time we are young that when using a crosswalk, cars must stop for us, because we have right of way.  As parents, we stress to our kids to use crosswalks.  "You'll be safe there---cars have to stop for you", we say.  

But is this the right information? 

Stated simply, no.

It is true that crosswalks are put in place as safe pedestrian cross zones.  But, that does not make then immediately “safe zones” and crosswalks do not give pedestrians the right of way.

If a crosswalk is present, use it. 

However, you must always pay attention to the traffic.  A crosswalk is not a force field.  You cannot assume drivers will know it is there, or will see you just because you are in a crosswalk.

In fact, if traffic is flowing, the cars have the right of way, not you (whether in a crosswalk or not).

So, when traffic stops:

1. Look both ways;
2. Only cross when traffic is clear or when you have a “Walk” signal;
3. Do not dilly-dally:  Move across the street safely and purposely;
4. If the “Don’t walk” signal shows, do not start to cross; and
5. While crossing, always still pay attention to traffic.

Remember:  In a Car v. Pedestrian accident, the pedestrian always loses!