Zachar Law Blog

Can I afford a lawyer for a car accident case in AZ?

http://www.zacharassociates.com  Can you afford a lawyer for a car accident case in AZ? Certified Specialist and Personal Injury Lawyer Chris Zachar explains most attorneys will accept a contingency fee basis. Call 602-494-4800 for your free consultaion.

Costly Auto Insurance Mistakes

Auto insurance is something you buy in case the unthinkable happens. Unfortunately, by the time you actually need it, it's too late to make sure you have the right coverage necessary. Zachar Law Firm wants to make sure you don't commit the following mistakes when buying car insurance.

1. Not shopping around- one of the most common mistakes is not shopping around to find the best rates and coverages possible.

2. Not updating your coverage- evaluate your auto coverage at least once a year, and especially after you buy a new vehicle or sell the one you have now.

3. Dropping your auto insurance because your vehicle is temporarily inoperable- it may be difficult to repurchase insurance at the same rate, or even an affordable rate, if you allow your policy to lapse.

4. Waiting until you have a claim before reading what's covered in your policy- after you've been in a car accident, you could find out you aren't covered for a loss you thought you had protection for.

Hopefully you find these tips helpful and can put them to good use when buying or modifying your auto insurance. If you have any further questions or would like to schedule your free, personal consultation don't hesitate to call us today at 602-494-4800

The Severity of Slip and Fall Accidents

Unfortunately, thousands of people suffer major injuries from slip and fall accidents every year. Many of those accidents could have been prevented and in those cases, you have rights you may not be aware of. We at Zachar Law Firm have accumulated a number of facts, statistics, and tips to prevent you from being a victim in a slip and fall accident.

* An estimated 300,000 disabling injuries occur each year in the American work force, resulting in 1,400 worker deaths. Slips, trips and falls account for 15 to 20 percent of all workers' compensation costs.

* According to the U.S. Department of Labor, 15 percent of incidental workplace deaths are caused by slips, trips and falls, second only to traffic accident fatalities.

 * All workers should wear proper footwear for their work and environment whether in the office, shop, plant, or field.

 * Conduct frequent inspections of working and walking areas to identify any hazards that could cause slips, trips and falls. Special attention should be given to working and walking surfaces, housekeeping, lighting, visibility, stairways and ladders.

At Zachar Law Firm we specialize in personal injury cases. If you or a loved one has been injured in a slip and fall accident, or any other type of accident, call us today at 602-494-4800 to schedule your free consultation.

Child Seat Reminders

Nearly all motor-vehicle related child deaths can be prevented through the use of safety belts or safety seats. Child vehicle seats are required by law for children under the age of 5 in Arizona because, when used and positioned properly, they save lives. We here at Zachar Law Firm want to stress the importance of child safety seats and how to use them properly.

A child should ride in a rear-facing seat until at least one year old and weighing over 20 pounds. A rear-facing seat should never be placed in a vehicle seat equipped with an airbag.

At one year and 20 pounds, a child can ride in a forward-facing seat equipped with internal harnesses.

When children reach the height and weight limit of forward-facing seat, they should ride in a belt positioning booster seat that uses an adult lap and shoulder belt.

Hopefully you and your family find these reminders helpful in keeping your children safe. However, should the unfortunate occur, call us today at 602-494-4800 to schedule your free consultation.

20 Years Of Road Safety

On December 10th 1989 the first TAC commercial went to air. In that year the road toll was 776. 20 years later it had fallen to 303. There is still a long way to go.

Roaches, mice, bacteria on menu at some mall food courts

A trip to the mall food court is a favorite for families looking for a quick bite. But a TODAY investigation that aired Thursday revealed that many food courts have a disturbing pattern of health violations.

The three-month investigation went inside some of the most popular malls in the United States and uncovered critical violations that can make people sick. In one Boston mall, there is footage of a cockroach climbing the wall right next to the grill at a popular food-court restaurant.

Most critical violations aren’t as obvious: bare hands on food, unsafe food temperatures, raw meat sitting out for too long — and filthy kitchens.

The investigation examined hundreds of inspection reports and included visits with food safety expert Cindy Rice to food courts at the Mall of America in Minnesota, Faneuil Hall in Boston and South Street Seaport in New York City.

Rice said food courts may be riskier than an average restaurant because of their tighter workspaces and higher volumes.  They can start cutting corners if they’re not careful,” Rice said.  Sometimes such cross-contamination can send unwitting customers to the hospital. Stan Pawlow, 14, ate Mexican food at a mall in Illinois. Days later, he was rushed to the emergency room with E. coli poisoning. His doctors said he could have died.

“It hurt so bad, and something was wrong,” Pawlow recalled.  Pawlow wound up being one of five customers who were likely sickened after eating meals prepared by the same food-court vendor, where workers may have accidentally mixed salsa with raw meat.

“Do they know the consequences?” said Stan’s mother, Cindy Pawlow. “They’re taking people’s lives in their hands, children’s lives in their hands.”

That vendor has since gone out of business. But in the same food court, six out of seven restaurants have had critical health violations since last year.

“It’s offensive to me,” said Jeff Pawlow, Stan’s father. “Who’s got the responsibility of protecting the public?”

With so many health violations, why aren’t there more reports of people getting sick? The Centers for Disease Control and Prevention said many people don’t report their illnesses — in part because they fail to connect them with the food-court meals they ate a few days earlier.

With this kind of wake up call happening in some of the biggest malls in the United States, how can we really protect ourselves while we are in these malls especially with the holiday season around the corner?  The honest answer is, other than avoiding the food court, we cannot. 

We cannot always look at food or smell food and know it is bad.  More often than not, the illness hits us hours later. 

Food is considered a “product” under Arizona law. Bad food is therefore considered a “defective product”.  The failure of a restaurant to properly store food, prepare food or maintain food is called “negligence”.  If you can prove that you are the victim of “bad food”, and you suffer injuries and damages, then the law entitles you to compensation.  

The difficulty is the burden of proof.  You must PROVE what made you sick.  This is not always easy. 

The restaurant will argue the time lapse in getting sick.  They will point to other illnesses, viruses, sick family members or friends, etc… .  There are lawyers who specialize in “bad food” cases.  Generally, if you suspect you have been the victim of any product defect, including food, and you have been injured and damaged, consult a Board Certified Specialist in Personal Injury in your area. 

 

 

 

 

Boy, 2, Hospitalized After Pit Bulls Attack

PINAL COUNTY, Ariz. -- A 2-year-old boy was in the hospital this morning after he and a 7-year-old girl were attacked by two pit bulls in a Pinal County neighborhood Wednesday.  The children were outside playing when the dogs attacked, according to police.

"I'm still shaking about it," said Madison Metlock, age 7. "I was trying to get on my bike and the dog comed and jumped on me, and I pinned my arm like this so the dog wouldn't bite my face so then it bit my arm."

"She was crying and screaming and bleeding under her shirt," said a man who identified himself as a cousin of Madison.  He said he had to kick the dog away from her to get her to safety.  "After they bit her, they went after her some more," he said,  "so, when I was picking her up, I took her off the bike and into the house."

Madison sported some hefty bandages, but was expected to be OK, her family said.

"We were screaming, I was just standing there screaming," Madison said. "It was going to hurt me really, really bad."

Madison was expected to be OK, but the boy was bitten on his back and the side of his head. He was rushed to a hospital.  His condition is not known.

The dogs' owners willingly handed them over to Pinal County Animal Control officers, they said.  More than likely, the dogs will be put down.

Arizona law holds dog owners “strictly liable” for attacks. 

A.R.S §11-1020. Dogs; Liability

Injury to any person or damage to any property by a dog while at large shall be the full responsibility of the dog owner or person or persons responsible for the dog when such damages were inflicted.

In addition, in certain circumstances, Arizona law may impose criminal liability on owners of dogs that attack.  A person commits a class 6 felony in Arizona if:

1.the person owns a dog that the owner knows or has reason to know has a propensity to attack, to cause injury or otherwise endanger the safety of human beings without provocation or which has been found to be a vicious animal by a court of competent authority, and

1. the dog bites, inflicts physical injury on or attacks a human being while at large.

Damages for Dog Bites

If a dog bite victim proves liability, the victim is entitled to be compensated for the following damages:

1.the costs of all medical care, including, ambulance charges, medication costs, doctors' fees, emergency room and hospital costs

2. the estimated costs for future medical care to treat wounds and reduce or eliminate wounds, scars and disfigurement

3. counseling costs

4. loss of earnings

5. cost to replace damaged or destroyed personal property

1. compensation for injuries to or loss of life of pets attacked by the dog

The above list is not complete. The facts and circumstances of each dog attack and its victim may result in additional types of damages for which the victim may be compensated.

The Source for Paying Damages

Usually, but not always, the person liable for a dog bite has insurance that will pay the victim's damages.  Dog bite insurance may be provided by homeowner's insurance, renter's insurance, landlord's insurance, dog owner's insurance or business insurance if the dog is owned by or under the control of a business such as a breeder or pet shop.  Even if the person liable for a dog bite is a friend or member of the family of a victim, if there is sufficient insurance coverage, the friend or family member may not have to pay the damages out of his or her pocket because the damages will be paid by the insurance company.

 

 

 

Chrysler recalls Jeep SUVS; GM recalls sedans

WASHINGTON - General Motors is recalling nearly 14,000 sedans to address potential problems with power steering.

Chrysler is recalling about 16,000 Jeep Liberty SUVs to fix faulty windshield wiper systems.

The U.S. automakers issued the separate recalls last Thursday.
GM's recall involves certain 2010 and 2011 model year Cadillac DTS and Buick Lucerne sedans with V8 engines.  It has been discovered that an alternator cable could wear through a power steering line, leading to a fluid leak that could cause a loss of power steering and lead to a crash.

Chrysler's recall involves certain 2008 model year Jeep Liberty SUVs, wherein it has been found that water could get into the windshield wiper motor and stop the wipers. That could reduce a driver's visibility and lead to a crash.

With even more recalls being put into place with some of the biggest auto manufacturers in the world, how can we protect ourselves?  We put our trust into these vehicles on a daily basis. There are families in these vehicles.  SUV’s represent a very large portion of vehicles purchased by families today.

The best measure you can take is to be vigilant and aware.  If your vehicle experiences a malfunction, have the problem looked at.  Oftentimes you can get information from the manufacturers websites, or the Consumer Product Safety Commission .

 

Stay aware.  If you get mail from the company that manufactured your vehicle, open it.  If there is a recall, make every effort to have the item repaired or replaced as soon as possible. 

 

Should you be involved in an accident as a result of a product defect, contact an experienced Arizona personal injury attorney right away.  Investigation and preservation of evidence is key in holding liable those should are responsible for placing defective products into the stream of commerce.  It is a very complicated and technical area of law, and experience counts. 

 

Drowsy drivers posing threat on Arizona roads

PHOENIX - AAA Arizona has released some alarming numbers about the danger drowsy drivers bring to Arizona roads.

According to the AAA Foundation for Traffic Safety, two out of every five drivers admit to having fallen asleep at the wheel at least once, with one in 10 saying they've done so in the past year.

During Drowsy Driving Prevention Week this week, AAA Arizona is alerting motorists to the dangers of this common, yet underestimated driving practice.

"Driving drowsy is similar in many ways to driving drunk.  Awareness decreases, reaction time slows, judgment is impaired, and your risk of crashing skyrockets," said Linda Gorman, director of communications and public affairs for AAA Arizona.

"People acknowledge that they should not drive sleep deprived, yet continue to do it. Therefore, we want to remind drivers of the dangers of this practice, and to offer warning signs and solutions to help avoid this act."

In the third annual Traffic Safety Culture Index, AAA Arizona revealed that nearly all drivers, 96% believe it is unacceptable for someone to drive when they have trouble keeping their eyes open.  (Wow!  Ya think???) 

AAA Arizona reportedly found that many drivers have put themselves in this dangerous situation.

The following are driver habit highlights from the index:

41% have "fallen asleep or nodded off" while driving at least once in their lifetime; 11 percent have done so within the past year, and 4 percent in the past    month.

27% admitted to having driven while they were so sleepy they had difficulty keeping their eyes open within the past month.

55% of those drivers who reported having fallen asleep while driving said that it occurred on a high-speed divided highway.

59% of those drivers who reported having fallen asleep while driving said they had been driving for less than an hour before falling asleep.

Men (52%) were much more likely than women (30%) to report having ever fallen asleep while driving.  (Are men more tired, or more honest???)

To demonstrate the impact of drowsy driving, the National Highway Traffic Safety Administration has compiled a new analysis of crash data, revealing that:

An estimated 16.5% (one in six) of fatal crashes involve a drowsy driver.

Younger drivers ages 16 to 24 were nearly twice as likely to be involved in a drowsy driving crash than drivers ages 40 to 59.

About 57% of drowsy driving crashes involved the driver drifting into other lanes or even off the road.

"Many people underestimate the threat associated with driving while fatigued, but this data emphasizes the severe consequences of choosing to drive drowsy," said Gorman. "With these sobering statistics in mind, we encourage drivers to practice smart habits and a little extra planning to avoid driving tired and to prevent a possible tragedy."

OK.  Some simple rules. 

If you are sleepy, don’t drive.

If you are driving and get tried, stop. 

If you are driving and get tired, let someone else drive.

If you are going somewhere and know you are gonna be tired, let someone else drive. 

Get plenty of sleep (at least six hours) the night before a long trip.

Drive with a passenger so they may stay alert and notice signs of the driver getting drowsy.

 

We don’t allow people to get away with drunk driving.  It infuriates us when a drunk driver causes an accident.  However, “tired driving” is an everyday and frequent occurrence, and gets little mention. 

 

Remember:  You are JUST AS LIABLE for a motor vehicle collision if you are tired, drunk, texting, not paying attention or goofing off.  If you cause the accident, “I was tired” is not an excuse, and, does not make the innocent party (or you) any less injured or damaged. 

 

Please be respectful of others on the road.  Please make sure that you have the ability and capacity to control your vehicle before you get in. 

 

The snowbirds are on their way, and the roadways will be much more crowded.  Let’s be safe out there!

 

Everyone, have a safe and happy Thanksgiving. 

Texting Raises Crash Risk 23 Times

A recent report in The New York Times states that drivers who text while behind the wheel are 23 times more likely to get into an accident. The new study done by the Virginia Tech Transportation Institute found that in the moments before a crash or near crash, drivers typically spent nearly five seconds looking at their devices — enough time at highway speeds to cover more than the length of a football field.

Compared with other sources of driver distraction, “texting is in its own universe of risk,” said Rich Hanowski, who oversaw the study at the institute. Only 14 states have passed legislation prohibiting texting while operating a motor vehicle. More states are currently submitting proposals for similar bans.

Zachar Law Firm previously discussed the risks of cell phone use while driving. We want to reiterate how dangerous it is to use these distracting devices while behind the wheel. If you or someone you care about has been hurt in an auto accident, Zachar Law Firm have the experience and skill to handle your case effectively to get the fair and full compensation your entitled to. Call us today at 602-494-4800 to schedule your free consultation.