Phoenix Personal Injury Lawyer | Zachar Law Firm | Injury Blog

Arizona Motorcycle Accidents: What can stop the growing trend?

There were more than ninety-nine motorcycle related deaths in Arizona in 2010. One year later, in 2011, the number jumped to 157, with more than 2,900 motorcycle accidents according to the Arizona Department of Transportation. More and more motorcycle riders on the road in Arizona means there’s a higher possibility of accidents occurring.

The Governor's Office of Highway Safety and Arizona Department of Transportation has been asked to develop a strategy to help combat the growing number of motorcyclists who are killed on Arizona roadways. The agencies have one year to devise a plan; regardless, there will be a recommendation for more training and education.

The key to assuring safety amongst all riders in Arizona is to train and educate young riders throughout the state. The more these riders know, the better off they will be on the streets. What exactly causes the accidents in the first place? Is the the riders themselves being careless, or is it the other motorists simply just not paying attention? The answer:  Likely a mixture of both.

The more educational materials and training available to motorcycle riders, the better. Not only will it keep them safe, it will also help in riders handling drivers who just are not paying attention while on the road.  But what to do about the other motorists?  How can we help them visualize motorists better?

According to reports, many people think when a motorcyclist is in an accident, they are at fault. The overwhelming assumption is that the motorcyclist is reck-less “riding”, when in fact motorcycle crashes involve more than one vehicle in half of all motorcycle accidents. Of the total amount of accidents per year, nearly 40 percent of accidents were caused by drivers who were making a left hand turn in front of the motorcyclist. Nearly 4,000 motorcyclists die each year nationwide, creating more awareness, training, and education for riders can be paramount in saving future lives.

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The Pursuit of Excellence.

This guest post was written by Heidi Kelsch, a Senior Paralegal at Zachar Law Firm.

November 3, 2012 is the 20^th Anniversary of the day Chris Zachar was admitted to practice law in the State of Arizona.  Now, I haven’t been around for all 20 of those years, but I have been fortunate enough to call him Boss for the last 15 years.  After getting his feet wet and learning the ropes at another firm, Chris started his own firm in January, 1996.  His goal was simple:  To provide legal services to his clients with the same level of care and concern he would want an attorney to show him, if he had been injured by the negligence of another.  Chris has endeavored to provide excellent service and caring representation to each and every one of his clients since that time. 

When I started working for him in 1997, his son Tommy had just been born.  Chris was over the moon about his son’s birth – but he was still in the office before anyone else.  He worked through lunch most days, and while he always went home to have dinner with his wife and son, he often returned to the office afterwards or worked from home until late in the night.  While I know Chris to be a highly driven, Type A personality, much of what drives him is his desire to provide the best service to his clients.  He takes every phone call he can when he is in the office.  He returns every call he misses.  He responds to every one of the hundreds of emails he gets every day personally.  Always in the back of his mind is the question:  How can we get better at what we do, how can we do more, better, faster? 

Over the past 15 years, Chris’s life has changed in many ways.  He and his wife added two daughters to their family, and their oldest is now in high school.  Chris has been incredibly active in his children’s lives, often coaching their sports teams, and rarely missing a game or a practice.  If the time he spends with his family robs from his time at work, he sacrifices sleep to make it up.  Most mornings I have multiple emails from him by 4:30 a.m.  He’s in the office, working hard, by 5:30 a.m. He still works through lunch most days, and he still comes back to the office or works from home most evenings.  Chris works just as hard now as he did when he first started. 

I used to think that once he reached a certain level of success, his drive would lessen, and he would work maybe just a little less hard.  (At least, I hoped so!)  But so far, none of his success has changed him.  He remains just as committed to providing the best legal services he can to his clients now as he was when he started his firm.  He still gets fired up about new cases, celebrates the smallest settlements as much as the largest, takes on the battles that need to be fought, advocates for the victims who have nowhere else to turn, and when necessary, he sacrifices his fees in order to provide the best result to his clients. Other attorneys might show signs of wear and exhaustion and burnout after 20 years – but not Chris.  He will be as anxious to get up and go to work tomorrow and the next day as he was today, and yesterday, and the day before.  He will be in before any of his staff, and in the back of his mind, he will be pondering the eternal question: How can we get better at what we do?

Three percent of fatal truck accidents in 2010 involved alcohol

WASHINGTON — Three percent of drivers of large trucks who were involved in a fatal accident in 2010 had any detectable blood alcohol content (BAC), 2 percent of those had a BAC of between .08 and .14. The legal limit in all 50 states and the District of Columbia is .08.

Of those 2 percent above .08 , half had a BAC of .15 or higher.

The National Highway Traffic Safety Administration released 2010 data on alcohol-impaired-driving fatal crashes in conjunction with the announcement of the annual nationwide anti-drunk driving campaign “Drive Sober or Get Pulled Over.”

The nationwide crackdown, held in cooperation with with local law enforcement officers, Mothers Against Drunk Driving (MADD), the Governors Highway Safety Association (GHSA) and the National Center for DWI Courts, comes as new agency statistics show 70 percent of deaths in drunk driving crashes in 2010 involved drivers with blood alcohol levels that were nearly twice the .08 legal limit.

The percentage of large truck drivers who had any BAC was the lowest among all major categories — passenger car, light truck, large truck, motorcycle, bus and other.

Motorcycle riders registered the highest percentage of alcohol-related accidents.

The data show that 8 percent of motorcycle drivers had a BAC of .01-.07, 10 percent between .08 and .14 and 17 percent above .15.

NHTSA said more than 10,000 police departments and law enforcement agencies across the country will support the campaign beginning August 17 and continuing through the Labor Day holiday weekend.

New NHTSA research indicates the 10,228 alcohol-impaired fatalities in 2010 accounted for nearly one out of three highway deaths on U.S. roads – the equivalent of one death every 51 minutes. During the same time period, more than two thirds of drunk driving deaths (7,145 or 70 percent) involved drivers with a blood alcohol concentration (BAC) of .15 or higher. Overall, the most frequently recorded BAC among drunk drivers involved in fatal crashes was .18 BAC.

Truck accidents in Arizona are unfortunately a common issue. The various reasons for the accidents remains to be different with each wreck. Not only is drinking in driving a stupid thing to do as it is, but if you are driving a large truck and drinking and driving, the chances for disaster are even more greater than before.

The most surprising statistic from this article was the alcohol related accidents involving motorcycle riders. Riding a Motorcycle is already somewhat diffcult to handle. With the addition of alcohol in someone's system will only make handling the motorcycle that much more harder, which will only be a horrible situation if involved in an accident. Motorcycle accidents in phoenix are also very common, but if you were to add alcohol to someone who is responsible for maintaining balance while on two wheels, the results will never be good.

Drive smart Arizona, let's stop drinking and driving nationwide!

Helmets save lives, that’s a fact! So why are states repealing helmet laws?

The trend among some states has been to repeal decades-old helmet laws. As a Phoenix Motorcycle Accident Lawyer, these helmet laws that are getting repealed is outrageous! Florida is an example of why universal helmet laws are so important and how repealing them costs lives.

Florida repealed its mandatory helmet law in the year 2000 and instead, required that motorcyclists carry $10,000 worth of “injury insurance” if they ride without a helmet.  That paltry concession has made little difference to the thousands of helmetless bikers who have died since that date.  According to the Orlando Sentinel, the rate of motorcycle fatalities nearly doubled shortly after the law's passage, from 515 in 1997-1999 to 933 in 2000-2002.

Sadly, Florida has not been alone in its misguided policy switch.  In spite of the obvious safety benefits, states across the country are loosening helmet laws.  In 1972, forty-seven states required motorcycle helmets. Yet as of 2011, according to Consumer Reports, only 20 states and the District of Columbia have universal helmet laws on the books.  Motorcycle fatalities in these states dropped after the laws were enacted and conversely, fatalities have rapidly increased in states that have repealed such laws.  

Michigan is one of the most recent states to gut its 35-year-old helmet law.  Advocates for the law's repeal cited personal liberty and a boost to tourism dollars as rationale. They apparently ignored findings by the University of Michigan Transportation Research Institute that, had the helmet law been repealed in 2009, the average cost per motorcycle accident would have jumped 48 percent.

Motorcycle accident death rates have close to doubled in the U.S. in recent years, from 2,116 in 1997 to 4,502 in 2010, according to the National Highway Traffic Safety Administration.  This number is especially tragic when considering the encouraging news that auto crash deaths are at historic lows, largely due to seatbelts and safety technology.

There can be no doubt that universal helmet laws are effective.  As of 2010, 98% of motorcyclists in helmet law states wore them while in states without such laws; only 48% of riders wore helmets.  I'm all for personal liberty, but I'm also a firm believer in personal responsibility.  Bikers everywhere should take the personal responsibility to protect themselves and their families from avoidable tragedy, and all states should have helmet laws on the books. 

No one can predict when a motorcycle accident might occur.  Oftentimes, collisions occur without notice or any warning whatsoever.  Indeed, crashes between cars and motorcycles occur because people simply don’t look for and often don’t see motorcycles on the road.  Do you want to take that chance?  You cannot protect what you don’t see---unless you take advance preparations to protect yourself.  While on a motorcycle, there is no better protection than your helmet

Many people think that if you get hurt in an accident due to the fault of another, then “no big deal”---- they will pay for all of your injuries and damages.  Not true.  Under AZ law, if you sustain injuries that are later determined could have been prevented if you had been wearing your helmet, a judge will instruct a jury that they can find you partially at fault for your injuries that are proven to have occurred from the lack of helmet use, and may decline to award you money for any medical expenses or pain and suffering related to those injuries. 

Law or no law, we know that helmets save lives and helmets can prevent serious injuries.  You have a responsibility to wear your helmet. 

Do the right thing every time.  

Video: Proof of why you should wear a helmet, ALWAYS!

Arizona does not have a helmet law for adults while riding motorcycles.  However, wearing a helmet has proven time and time again that it is the easiest and most effective way to stay alive while riding a motorcycle.

In fact, motorcycle helmets can prevent up to 70% of head injuries that occur while riding a motorcycle. You would think it would be a no-brainer to have one while you ride, even if you don’t have to by law in Arizona if you are over the age of 18.

According to the American Motorcyclist Association (AMA), Arizona helmet laws require requires riders under the age of 18 to wear helmets at all time. Of course, to limit the likelihood of brain injuries, we urge adults to wear helmets as well.

The video above is a perfect example of how motorcycle helmets truly save lives. As an injury laywer in Phoenix, there are many unfortunate cases where riders did not wear their helmets which caused catastrophic injuries and sometimes even worse. Don't let a simple safety precuation change your life. Think about the potential increase of injuries if the rider wasn’t wearing a helmet…

Is your Lawyer a Trial Lawyer? Ask, then verify

 

After an injury, a personal injury lawyer can be a big part of helping you get your life back together. If you’ve been seriously hurt as the result of someone else’s misconduct, your life has probably become much more complicated overnight. How will you get to work? How will you pay your bills if you can’t work? What about your family? How do you deal with all the insurance forms? The medical bills?  Other losses?  You are in pain, and your body and mind are not capable of dealing with all of the hassles, the stress and the uncertainties that seem to come at you from every direction.  You know you need a good Phoenix personal injury lawyer to help you sort all this out, but how will you choose one?

First and foremost, know this:  Not all lawyers are the same.  If your lawyer advertises primarily for bankruptcy, or divorce, or criminal law, but their ad also mentions “personal injury cases”, you should look elsewhere. 

Second:  All personal injury lawyers are not all equally suited to handle your case.  In fact, not even close.  But how do you tell the difference?   It is crucial that you get help from one with extensive trial experience. You may be saying right now, “but I don’t want to go to trial”. Good question.  Let me give you some insight:  Neither do the insurance companies or their lawyers.  So, how do you choose an attorney who can best help you avoid a trial?  Simple you hire a “trial attorney”.  Let me explain.

There are many law firms that do not litigate cases.  Indeed, many of the big advertising firms do not litigate cases.  Insurance companies know this.  Trial lawyers litigate cases.  Insurance companies know this.  So, when negotiating a case, and knowing now that insurance companies do not like to go to trial, which group of attorneys do you think scare insurance companies the most, the attorneys who they know don’t or won’t file a lawsuit, or the attorneys who have reputations for filing lawsuits?  Yep—you guessed it.  Insurance companies will pay MUCH more attention to the attorneys who are more ready to challenge them in court—the TRIAL ATTORNEYS. 

Trial lawyers, as the name implies, direct their efforts to digging deep and preparing a case as though it will be necessary to take it to court (indeed, this is the best way to keep it out of court--let the other side know you are serious), while non-trial lawyers spend most of their time trying to arrange things to settle as quickly as possible. Again, if the insurance companies aren’t convinced you are serious, they often won’t offer you anything close to a fair settlement for your case.  Which type of lawyer is best for you?

The best personal injury lawyers are “trial lawyers”.  And even moreso, the best trial lawyers are those that have been recognized by the Arizona State Bar as being a Certified Specialist in Personal Injury and Wrongful Death.  An attorney cannot earn this honor with being a “trial lawyer”, and, less than 2% of all attorneys in Arizona are Certified Specialists.   In these days of insurance company advertising and propaganda, it is even more important than ever to make sure that the attorney you hire is a true trial lawyer.  You are assured of this when you hire a Certified Specialist.

So how can you be sure that yours is a trial lawyer? 

The answer is easy:  Ask, then verify:

1. How long have you been an attorney?
2. How many cases have YOU tried?
3. In which courts?
4. What results did YOU get?
5. How many of those cases were cases similar to mine?
6. Are you a Certified Specialist?

Phoenix Personal Injury Lawyer Christopher Zachar at Zachar Law Firm, P.C. has years of experience in dealing with personal injuries and specializes in getting victims fair compensation for their pain and suffering. Chris is a trial lawyer, and a Certified Specialist in Injury and Wrongful Death. 

If you’ve been injured as a result of someone else’s misconduct, your road to recovery, and getting the other side’s insurance company to do what is right may be a difficult one. The best way to stand up and fight for your rights is to get someone in your corner who has the experience to fight for you, to help you win your case.

Stay safe while riding your Motorcycle: Safety Tips

 

May is Motorcycle Safety Awareness Month: With the warm weather coming in and with summer around the corner, it’s time to once again dust off the leather jackets, helmets, pads, and get back on the road.

Unfortunately, with more motorcycles come more motorcycle accidents. In fact, a motorcyclist is 25 times more likely to have a deadly motorcycle accident than your average passenger vehicle.

The primary cause of motorcycle and passenger vehicle accidents is inattention, namely, drivers who fail to detect motorcycles in traffic.

Okay—but what can I as a motorcycle rider do about this?  Below are just a few things to keep yourself safe while you are out on the road.

- Wearing a helmet is a lifesaver: The leading cause of death in motorcycle accidents is head injury. A motorcyclist who isn’t wearing one is 40% more likely to die of a head injury if involved in an accident.

- Take a safety course: Brushing up on your cycling skills though you’ve likely been riding for awhile is always good. Not only can it help prevent accidents, but it can reduce your risk of getting seriously injured.

- Always check your T-CLOCS: What is T-CLOCS? It means to check your Tires, Wheels, Controls, Lights, Oil, Chassis, and Stand before you get on your bike.

- Always be aware of your surroundings and your environment: Stay alert of other vehicles around you at all times, keep a look out for hazards on the roads such as oil spills or grease spots, and always check in on how the weather is going to be before you head out to ride.

I recall years ago, when I bought my first motorcycle, a tip that the seller gave to me. 

He said to me, “Ride like you’re invisible, because to a lot of drivers, you are.”

That is a simple explanation for the above comment as to why most motorcycle accidents occur.  Other drivers simply don’t see the motorcycles.  I don’t know the true psychological reasons, maybe because they are looking for cars and trucks, and not the two-wheeled vehicles with a single headlight.  I just know that statistics tell a story, and in this case, the statistics confirm that accidents occur people the drivers “never saw the motorcycle”. 

Ride like you are invisible.  That means you should be even more defensive, and expect that other drivers on the road will not see you. 

Following these tips may help you have a more enjoyable riding experience, and if followed correctly, you and your loved ones will to know that you employ the precautions necessary to ride safe.

Motorcycle Safety: The Five guidelines to follow

Motorcycling has grown in popularity over the past several years. Whether a rider is new to motorcycles or has been riding for a long time, safety is of paramount concern. Not only will following the arizona bike laws keep you safe, but they are there for a reason.

Below are five guidelines that every rider should follow to enjoy their motorcycle better, but to also be safe while riding on the road.

1. Read the vehicles manual to fully understand operation and all safety features
2. Take a safe riders course to hone mental and motor skills for safe street and highway motorcycling. Become proficient at shifting, braking, turning, and responding to emergencies.
3. Wear high visibility protective clothing, concentrating on protective helmets, eyewear, gloves, boots that cover the ankles, sturdy pants, and a jacket
4. Always have a valid driver’s license and adequate insurance coverage.
5. Conduct good pre ride checkups and routine maintenance.

Driver negligence among motorcyclist riders

Cars rank among motorcyclists most serious risks. No matter how diligent a rider may be about safety, problems can always crop up. When two cars collided in front of an experienced rider, he struck the read of one; suffering leg injures that required surgery. He also missed ten months of work and will experience future lost income. He sued the driver of one car as well as the driver’s employer for negligent vehicle operation. The parties settled before trial.

Stay safe while you are riding your bike, the weather is great for it here in Arizona, but as always stay cautious, and aware of your surroundings while on the road to help prevent motorcycle accidents. Should you ever find yourself in an unfortunate motorcycle accident, it is always advised to seek an experienced Phoenix Motorcycle Accident Lawyer, to help protect your rights and recover compensation for damages and injuries sustained because of the accident itself. Ride Safe!

Phoenix Motorcycle Accident Lawyer: Tips On Insurance

Motorcycle accidents are some of the most dangerous of all accidents in any kind of motor vehicle and single accident case. Not only do these accidents cause sever damage, but also lead to death. There are many distractions on the road today that can harm the thousands or Motorcycle Riders across the nation. From texting while driving, to talking on cell phones, the list goes on and on. The alarming statistics really can be a wake up call for riders across Arizona and even the nation.

According to the U.S. National Highway Traffic Safety Administration (NHTSA), in 2006, 13.10 cars out of 100,000 ended up in fatal crashes. The rate for motorcycles is 72.34 per 100,000 registered motorcycles. Motorcycles also have a higher fatality rate per unit of distance travelled when compared with automobiles. Per vehicle mile traveled, motorcyclists' risk of a fatal crash is 35 times greater than a passenger car.

A major work done on this subject in the USA is the Hurt Report, with data collected in Los Angeles and the surrounding rural areas. There have been longstanding calls for a new safety study in the US, and Congress has provided the seed money for such a project, but as yet the remainder of the funding has not all been pledged.

The Hurt Report concluded with a list of 55 findings, as well as several major recommendations for law enforcement and legislation. Among these, 75% of motorcycle accidents involved collision with another vehicle, usually a car. In the MAIDS report, the figure is 60%.

Other notable findings in the Hurt report (quoted below) were:

• 75% of accidents were found to involve a motorcycle and a passenger vehicle, while the remaining 25% of accidents were single motorcycle accidents.
• "In the single vehicle accidents, motorcycle rider error was present as the accident precipitating factor in about two-thirds of the cases, with the typical error being a slide-out and fall due to over braking or running wide on a curve due to excess speed or under-cornering."
• "Almost half of the fatal accidents show alcohol involvement" and "injury severity increases with speed, alcohol involvement and motorcycle size."
• In the multiple vehicle accidents, the driver of the other vehicle violated the motorcycle right-of-way and caused the accident in two-thirds of those accidents.
• The report's additional findings show that the wearing of appropriate gear, specifically, helmets and durable garment, mitigates crash injuries substantially.
• "Vehicle failure accounted for less than 3% of these motorcycle accidents, and most of those were single vehicle accidents where control was lost due to a puncture flat" and "Weather is not a factor in 98% of motorcycle accidents."
• "The failure of motorists to detect and recognize motorcycles in traffic is the predominating cause of motorcycle accidents... Conspicuity of the motorcycle is a critical factor in the multiple vehicle accidents, and accident involvement is significantly reduced by the use of motorcycle headlamps-on In daylight and the wearing of high visibility yellow, orange or bright red jackets."

Liability in an Arizona motorcycle accident is based on comparative negligence. We represent motorcyclists who are injured by drivers who claim they did not see them, road hazards, and defective motorcycle equipment. We represent clients who suffer from injuries such as broken bones, road rash, brain injuries, and spinal cord injuries.

A Phoenix Personal Injury Lawyer will tell you that in Arizona, pursuant to A.R.S. §28-964, requires that a motorcycle operator or passenger under the age of 18 must wear a protective helmet on the operator’s or passenger’s head in an appropriate manner at all times while the rider or passenger is operating or riding on the motorcycle. For those 18 years of age or older, the use of a protective helmet is optional. Furthermore, an operator of a motorcycle must wear, at all times, protective glasses, goggles or an approved transparent face shield, unless the motorcycle is equipped with a protective windshield. A Phoenix Personal Injury Lawyer can explain these requirements to you further and can help you understand how these may affect your case.

It is also important to mention that Arizona’s insurance laws require that operators of motor vehicles, including motorcyclists, carry liability insurance at all times of operation of the vehicle. At a minimum, the insurance coverage must provide for $30,000 for all people injured in a motorcycle accident, $15,000 of bodily injury coverage per person injured, and $10,000 of property damage. It would obviously be in the best interests of riders to have uninsured and underinsured motorist coverage. Failure to carry, at least, the minimum required insurance coverage may be penalized and/or fined. A Phoenix personal injury lawyer is experienced in this field of law and is aware of how insurance coverage (or lack thereof) may impact your case.

Video FAQ: If I get into an accident on my motorcycle, should I hire an attorney to help me?

 

If you or a loved one has been involved in a motorcycle accident, you need to contact your Phoenix Personal Injury Lawyer as soon as possible. Discussing with a Phoenix Personal Injury Lawyer the events of and leading up to the accident as early as possible may be critical to establishing the necessary facts for proving your case (or asserting a strong legal defense to someone else’s claims). Motorcycle riders involved in accidents are likely to be involved in very serious ones because of the inherent properties of motorcycles. A Phoenix personal injury Phoenix Personal Injury Lawyer is no strangers to trying and settling these kinds of cases and can help you recover damages arising out of the accident.

While motorcycles can be quite fun to ride, their main drawback is their lack of safety

Because of their compact bodies, motorcycles are very maneuverable and give riders a completely different experience in sharing the public roads than automobiles do. Given their designs, motorcycles do not offer much protection in case of an accident. Unfortunately, often times, no matter how careful and how good and prudent a rider a person is, other vehicles in the streets may still be the main cause of a serious accident. A Phoenix Personal Injury Lawyer understands the severe nature of these accidents and can help you get back on track after a motorcycle accident.

Diligent operation of a motor vehicle in the streets is required and expected of all operators to avoid an accident, no matter what vehicle is involved. A negligent or reckless motorcyclist might cause as serious of an accident as would an unreasonable automobile driver. Yet, even when a motorcyclist is operating the vehicle in a reasonable manner, it may still be up to them to prevent an otherwise unavoidable accident from resulting in unnecessary serious injury or death or property damage. This is a form of mitigation. For instance, there are several “rules of the road” that must be followed in order to exercise proper operation of a motorcycle (such as not engaging in lane splitting, where prohibited by Arizona law). In addition, another way a motorcyclist may protect themselves and others is by wearing helmets when operating a motorcycle.

In fact, a Phoenix Personal Injury Lawyer will tell you that in Arizona, pursuant to A.R.S. §28-964, requires that a motorcycle operator or passenger under the age of 18 must wear a protective helmet on the operator’s or passenger’s head in an appropriate manner at all times while the rider or passenger is operating or riding on the motorcycle. For those 18 years of age or older, the use of a protective helmet is optional. Furthermore, an operator of a motorcycle must wear, at all times, protective glasses, goggles or an approved transparent face shield, unless the motorcycle is equipped with a protective windshield. A Phoenix Personal Injury Lawyer can explain these requirements to you further and can help you understand how these may affect your case.

It is also important to mention that Arizona’s insurance laws require that operators of motor vehicles, including motorcyclists, carry liability insurance at all times of operation of the vehicle. At a minimum, the insurance coverage must provide for $30,000 for all people injured in a motorcycle accident, $15,000 of bodily injury coverage per person injured, and $10,000 of property damage. It would obviously be in the best interests of riders to have uninsured and underinsured motorist coverage. Failure to carry, at least, the minimum required insurance coverage may be penalized and/or fined. A Phoenix personal injury lawyer is experienced in this field of law and is aware of how insurance coverage (or lack thereof) may impact your case.