Zachar Law Blog

Why Do Insurance Companies Limit Pay outs In Car Accidents?

Phoenix Personal Injury Lawyer, Chris Zachar explains why Insurance companies limit payouts in car accidents, and how to protect yourself should you be a victim of an auto accident and suffer personal injury.

Dog Bites: A Serious Problem

The sad reality of dog bite incidents is that children make up more than 60 percent of all dog bite victims. The National Centers for Disease Control and Prevention estimates half of all children 12 and younger have been bitten by a dog. As many as one million people require medical attention each year for dog bites, according to the Insurance Information Institute. Unfortunately, this number is increasing. A dog owner's failure to train or restrain his animal is the major cause of dog attacks. Infection, scarring, and emotional stress are the most common injuries suffered from dog bites.

Chris Zachar and the Zachar Law Firm  staff are compassionate to the suffering and needs of dog bite victims and will pursue the fair and full compensation you deserve. Dog bite victims are entitled to compensation for: medical bills, lost wages, permanent scarring, pain, disability and emotional harm.

Serious accident involving diesel semi on I-10 in Phoenix

On Saturday Arizona highway interstate 10 was the site of a horrific motor vehicle collision. A diesel carrying thousands of gallons of fuel lost control after slowing for traffic.  The truck struck a vehicle carrying a mother and her young children.  The diesel proceeded to slide across the highway before coming to rest on its side on the freeway.

According to officials, the mother and children were taken to the hospital, wherein later,  both children were later pronounced dead. The mother is still in serious condition at a local area hospital as the investigation continues.

Horrible incidents like this more often than one would think. Many questions come to mind.  How are these horrible accidents preventable? Whom is at fault for a situation like this? Do highways and speed play major factors in situations like this? If the diesel were going slower would the outcome still be the same?

There are just so many elements that can come into play when an accident like this occurs, unfortunately drivers must always stay alert on the road. Vehicles don’t kill people, it’s the drivers who cause catastrophes.

In AZ, the amount of traffic, and large truck traffic, can be quite intimidating and scary.  It is incumbent upon ALL drivers to maintain a safe speed, to maintain a safe following distance and to keep a constant vigil to the driving conditions in front of and around you. 

 

Indeed, if an accident occurs, it is a certainty that one of the following rules was violated:

1.      Maintain a safe speed for traffic conditions.

2.      Maintain a safe following distance.

3.      Maintain awareness of situations in front and around you.

4.      Give right of way to those who by law have it.

5.      Drive defensively.

If you are in any type of accident, it is a certainty that either you or another person or driver violated one of the above safety rules.  Know your vehicle, know your surroundings and pay attention.  Otherwise, for the benefit of everyone else, let someone else drive, or stay home!

In the instance of the horrible crash on I-10, the lion’s share of fault will be borne by the truck driver and his employer.  Driving these big trucks requires training, skill and a vigilant awareness of roadway conditions.  Because these trucks have a capacity to cause so much damage if involved in a collision, truck drivers (i.e. professional drivers). Must remain that much more alert and aware.  Oftentimes (too often), this is not the case. 

 

Our prayers and thoughts go out to all involved. 

Remember, if an accident happens---no matter who is deemed at fault---NO ONE WINS!!

Fatal Rollover Caused by Human Smuggler. How To Protect Yourself?

Over the weekend a fatal rollover accident occurred in the town of Maricopa.

According to reports, officials attempted to stop a 1998 Pontiac Grand Am.  The vehicle fled, to the point that local law enforcement decided to call off the pursuit due to preserve public safety. Eleven minutes later there was a call, that the same vehicle that was involved in the altercation prior was involved in an accident.

There were five individuals that were in the vehicle when the accident occurred. Two of these people fled on foot believed to be “coyotes”, while one person died at the scene and the other two taken to local area hospitals.

All involved in the single vehicle accident were illegal, and were heading to Los Angeles. According to one of the individuals in the accident, each paid about $3,000 to be smuggled into the United States.

With the rise in smuggling into America almost on a daily basis, one would ask what happens if you were to get into an accident with one of these human smuggling vehicles? Is there anything you can do if you are involved in a situation like the one in this story? Why did local law enforcement call off a pursuit in the first place? Are they liable? 

Why did Law Enforcement Call Off Pursuit?

Many law enforcement agencies of AZ, through experience and study, have found that it is sometimes better to diffuse a high speed pursuit by simply backing off.  If the perpetrator is not a known murderer, dangerous felon, etc…, the theory is that by engaging in a high speed pursuit, the police are putting other innocent lives in danger.  Indeed, many law enforcement agencies in AZ now have a policy that they will not engage in high speed pursuits for this very reason.  There is no case in this instance, in my opinion, that can be made against the police officials regarding their decision to back off. 

What Happens if I am in an Accident With one of These Vehicles?

If you are in a collision with one of these vehicles, and you are not at fault, AZ law says that you are entitled to make a claim for the cost of medical bills and pain and suffering.  However, assuming that the other vehicle is not an insured vehicle (perhaps a good assumption), where does this leave you?

When you buy insurance for your own vehicle (it is required by AZ law), you have the option of buying “Uninsured” and “Underinsured” coverage.  These coverages are intended to provide you protection if you are injured through the actions of an   “Uninsured” or “Underinsured” driver of another vehicle.  Indeed, AZ law requires that insurance companies tell you about these coverages, and should you decline, make you sign a paper saying that you don’t want it. 

In AZ, a “hit and run” vehicle, or a vehicle where the driver flees afterward, will be considered an “uninsured” vehicle for insurance purposes.  You can’t always protect others, but you can takes steps in advance to protect yourself. 

Fall 2010 Newsletter Is Now Available!

Our newest Newsletter has been posted on our official website as well as archives of past bulletins and newsletters. Please be sure to stop by and take a look at the latest updates at Zachar Law Firm Today! - Phoenix Personal Injury Newsletters And Bulletins

Phoenix Personal Injury Lawyers and Morality: Oil and Water?

 

Phoenix Personal Injury lawyers, like all lawyers, are a common target for humorists. Anyone who occupies a position with high social status should be ready to accept being the butt of jokes, but unfortunately some people have given the jokes a life of their own, to the point where they view all lawyers as dishonest and the entire legal system as immoral.

 

The question of whether to file a lawsuit is no joke, however. Instead, it involves serious financial, strategic, and moral considerations. When thinking about lawsuits, it's useful to break the idea of a lawsuit down and analyze it. At their core, all lawsuits are about justice. Phoenix Personal Injury lawyers play a specialized role in the system, but all lawsuits are basically asking for the same thing: Justice.

 

Now, surely “justice” means different things to different people.  In the papers and on the new, we learn about all of the “frivolous lawsuits” and “greedy claimants and lawyers”.  But is that really the norm, or, is it more likely, like EVERYTHING, that a few bad apples spoil the bunch (and get all the publicity)?

 

Our United States Constitution codified our system of justice in the US.  It established the courts and the rule of law.  It makes it possible for people to obtain justice when they are wronged or harmed.  It is the only mechanism that exists to give the weak a voice and a means of redress against the powerful. 

 

Remember, the Courts are merely this:  An organized forum established for the civil and orderly resolution of disputes.  That doesn’t sound so bad, does it?!

 

If you believe you have been wronged or harmed, you no longer need to seek ‘eye for and eye’ justice. 

 

You can file a “lawsuit”, which is, a list of your allegations and charges, in court.

 

In the United States, the court will then order the other side to come to court to respond to your charges, and be subject to the authority of the court and the justice system.  If the court decides you win, then the other side has a legal obligation to pay you.  The court can and will help you enforce this obligation.  Without such a system, without the ability to seek a remedy for your wrongs or harms, and a system that makes the other side submit to the process, where would we be?  Certainly, the word ‘anarchy’ comes to mind.

 

Is a trial bad?  No.  In fact, a ‘trial’ is merely the end process of a civil dispute that the parties have not been able to resolve on their own. Under the law if the United States, this end result is decided by a judge, or, a jury of our peers.  How fair is that??  If the bickering sides cannot agree, then a group of regular citizens is chosen to hear the evidence and decide the dispute for them.  Really, is there a better system anywhere in the world.  Not hardly.  In fact, not even close. 

 

 

Believe it or not, Phoenix Personal Injury lawyers are in the Justice business, and the best of them never forget it. Lawsuits are simply means to that end, and, contrary to what is sometimes portrayed on television, they are neither cynical get-rich-quick schemes nor anger-fueled proxy fights where no one wins but the lawyers.

 

Actually, the vast majorities of lawsuits never go to trial and are settled very much as a business negotiation would be. The attorneys involved a few bad apples notwithstanding) are ethical, honest, hard-working professionals who use their education and knowledge of the law to represent their clients as best as possible. Phoenix Personal Injury lawyers know this is not always the way they're perceived, which is why they hold themselves to a higher standard than society asks of virtually any other profession.

 

In this country, no one is either beneath or above the law; everyone must be responsible for the harm that they do, and lawsuits are often the best and perhaps only example of an arena where being right trumps being powerful, popular, or privileged.

 

“No man is above the law and no man is below it; nor do we ask any man’s permission when we ask him to obey it”.  Theodore Roosevelt

 

 

It is crucial to understand that if you have been wrongfully harmed, you have rights which can only be vindicated by filing a suit in court. It is important to have the guidance of an experienced Phoenix personal injury lawyer to ensure that you get the compensation you deserve. To speak with a professional Arizona personal injury lawyer who specializes in helping victims, call Zachar Law Firm at (602) 494-4800 or visit www.zacharassociates.com.

Arizona prison escape, killings prompt lawsuit

On July 30, 2010, three (3) inmates in the control and custody of the aforementioned persons and entities were allowed to escape from the Arizona State Prison Complex in Kingman, Arizona.  Due to innumerable security errors, most caused by a lack of supervision, a lack of proper policy and/or failed policies and procedures, the inmates were allowed to breach prison security, escape and elude captors for several weeks.  During the period of time they remained outside captivity, two (2) of the inmates and an accomplice kidnapped, unlawfully held and brutally murdered a couple in New Mexico, including Plaintiff’s son, Gary Haas and his wife.

 

On September 1, 2010, Vivian Hass filed a lawsuit against Management & Training Corporation (hereinafter “MTC”) in Maricopa County Superior Court for the wrongful death of her son, Gary Haas.  MTC is a Utah corporation that is contracted with the State of Arizona for the management of the prison complex in Kingman, whose negligent and reckless management conduct and policies enabled the inmates’ escape, and the eventual murder of Plaintiff’s son.  As a result of the murder of her son,  Plaintiff has forever lost the relationship with her son, as well as the love, care, comfort and companionship of her son, Gary Haas.  Plaintiff has suffered and will forever suffer emotional damages and grief.  Plaintiff also has suffered and will continue to suffer financially as a result of the murder of her son. 

 

On September 2, 2010, Vivian Haas has also served a Notice of Claim on the State of Arizona, The Arizona Department of Corrections and Charles Ryan as Director of the Arizona Department of Corrections.  These entities had non-delegable duties to the people of Arizona and elsewhere, to properly maintain and oversee facilities for the custody and detention of convicted, violent criminals.  The governmental entities breached their duties owed to the citizens of Arizona and elsewhere, by failing to adequately train and monitor the Arizona State Prison Complex in Kingman, AZ.  The direct result was a lax inmate classification system, and a prison complex fraught with failed or broken security policies and procedures.  Through the combination of these errors, the subject inmates’ escape was entirely foreseeable, and the consequence of their actions to avoid detection also foreseeable.  Plaintiff and her son have paid for these errors, the cost being the life of Gary Haas. 

 Vivian Hass is represented by John Dolence of Joplin, Missouri, Thomas Ajamie of Houston, Texas and Christopher J. Zachar of Phoenix, Arizona.