This weekend marked another horrible instance of a deadly hit and run accident here in the Valley. A Tempe man was riding a motorized bicycle on Saturday night when he was struck by a vehicle. He was rushed to a hospital, where he later died.
As for the responsible vehicle: the driver didn't even stop. Police are now on the hunt for the suspect.
Hit and run cases are gut-wrenching for several reasons. First of all, we are disgusted at the lack of responsibility on the part of the drivers who scram. We're also angered by the sense of injustice for the victims, who may be unable to find recompense for what they've suffered.
For many people in Arizona, this raises the question of whether--and how--a hit and run victim can claim damages.
The 1st answer may be "Good luck with that”.
The better answer lies in the extent to which the victim had protected himself with his own insurance coverage prior to the loss event.
In Arizona, auto insurers are REQUIRED to offer you Uninsured and Underinsured coverage at the time you purchase automobile insurance. They must tell you about it, offer it, and if you decline, have you sign paperwork to prove that you were offered it and declined.
In the above instance, if the bicyclist had Uninsured insurance coverage on a vehicle, then his own insurance company would be required to pay the value of the claim---even if the at fault driver is never found.
So what steps should someone take if they or a family member has been part of a hit and run accident?
Insurance matters are tricky, and unfortunately, you don’t always get straight answers from the insurer’s representatives. Protect yourself as best you can. Call an attorney who is a certified specialist in personal injury and wrongful death law in Arizona. They can investigate and help determine for you whether there is an avenue of recovery for you.
As always, I wish you and your family very SAFE and ALERT driving this summer.
Deanna entered a store, purchased a few items, and left. As she was getting into her car, a man showing a badge approached her and asked to see her purse. There were no other customers in the vicinity. She voluntarily showed it to him. He then asked her about a particular bracelet that was in the purse, and she showed that to him. There was no intimidation by the employee, and after the incident, he allowed her to go on her way.
Deanna filed a lawsuit for false imprisonment, claiming that she had been held against her will, and that she had suffered humiliation while being falsely detained by the employee of the store.
Did the court rule FOR or AGAINST Deanna?
The court ruled againstDeanna. The evidence showed that she consented to the inspection, and was not detained against her will. The evidence further showed that she was not afraid of the store employees, and as there was no one else around, she could not recover for the humiliation claim.
medical malpractice law that deals with a doctor’s admission of negligence is
called the “I’m Sorry” law. This Arizona
medical malpractice law is designed to shield doctors from unwarranted lawsuits
brought by individuals that would use a physician’s admission of regret and
feelings of sorrow as affirmative statements of fault or negligence. The Arizona medical
malpractice law was created to limit the amount of claims brought against
physicians. It is believed that if
physicians can simply apologize for their mistakes, it will diffuse an
otherwise injured or damaged victim from deciding to file a lawsuit for their
Medical malpractice occurs when a healthcare provider
delays or fails to diagnose needed treatment.
It also occurs when a healthcare provider makes a mistake that the
medical community would not make. This
is called “standard of care”. Examples of medical malpractice include
misreading or misinterpreting tests, mistakes made in surgery, administration
of the wrong medication or wrong dosage, or simply failure to notice a problem.
Generally, when these types of errors cause serious injury or wrongful death, it is considered medical malpractice.
Thirty-five (35) states including Arizona have “I’m Sorry”
laws that protect health care providers who express sympathy to a patient for
an unanticipated outcome, from having such statement used against the physician
in an ensuing lawsuit. The purpose of the “I’m Sorry” law is to encourage open
communication between patients and physicians without fear of reprisal in the
form of a medical malpractice lawsuit. The types of expressions covered by the
“I’m Sorry” Arizona
medical malpractice law and their level of protection vary among the states. In
physician is protected from a statement, gesture, or expression if it is
related to the discomfort, pain, suffering, injury or death of the alleged
The Arizona medical malpractice law provides
that the communication is inadmissible as an admission of liability or an
admission against interest. Thus, if a person is further injured or dies in a
medical setting, and you believe that medical malpractice is involved, the
conveyance of regret and being sorry for the outcome is generally not
admissible in court to prove negligence or fault by the physician. However, if
the physician communicates more than just a general feeling of regret and
communicates that he is sorry for performing or failure to perform an action
that constitutes medical malpractice, the Arizona medical malpractice law does not
completely protect the physician
Medical malpractice cases are always difficult,
and always hard fought by the physicians and their attorneys. Since the Arizona medical malpractice law is fairly
complicated and can be tricky in applying to a certain situation, contacting an
experienced attorney that specializes in medical practice is advised. An
attorney familiar with the Arizona
medical malpractice law will be in the best position to determine whether or
not the “I’m Sorry” law applies and whether the statements by the physician can
be admissible in a medical malpractice lawsuit.
The attorneys at Zachar Law Firm are experienced
specialists in Arizona medical malpractice cases. You can call for a free, no-obligation
consultation at (602) 494-4800 or visit www.ZacharAssociates.com.