Zachar Law Blog

Phoenix Personal Injury Lawyer: Tips To Stay Safe This Fourth Of July!

Forty-five of the 50 U.S. states and the District of Columbia allow legal “consumer” fireworks for the Fourth of July. The definition of consumer fireworks varies from state to state, but can include everything from cone fountains to roman candles to multiple tube “cake” devices to sparklers.

Before using fireworks, find out what’s legal in your state by checking out www.americanpyro.com and clicking on “state laws.”  You will find that in Arizona, it is legal to possess many different types of fireworks, but illegal to use them in many cities.  If your state or city does allow fireworks, remember that even legal fireworks can cause Injury if they’re not used properly.

            Consider the following tips when planning your Independence Day fireworks fun:

- Store fireworks in a cool, dry place

- Always read and follow the directions on the label

- Always have an adult present when handling fireworks

- Never give fireworks to young children, even sparklers!

- Use fireworks outdoors in a safe, non-wooden area

- Having a working garden hose or bucket of water handy

- Keep everyone a safe distance away from fireworks

- Light only one firework at a time

- Never re-ignite a firework that doesn’t light the first time

- Never re-ignite a firework that has finished its display

- Never carry fireworks in your pocket

- Don’t throw fireworks at another person

- Keep pets indoors and away from fireworks

- Never shoot fireworks in metal or glass containers

- Keep spectators at a safe distance

- Always wear safety glasses when igniting fireworks

            Some of these rules seem so simple, but, tell my 13 year old boy, and he will look at you like you are from Mars.  (Simplicity and common sense is not a character trait held by everyone.)  Even though the rules seem simple enough, helpful reminders, such as here, cannot be a bad thing. 

EVERYONE HAVE A SAFE AND HAPPY 4^TH OF JULY!!!!

For more information from your Phoenix Personal Injury Lawyer, please visit our website and also visit our Phoenix Personal Injury Lawyer Blog to recieve up to minute updates on News and More.

 

Phoenix Personal Injury Lawyer: Will it cost me any money to bring a Arizona auto accident case?

 

Phoenix Personal Injury Lawyer, Chris Zachar of Zachar Law Firm answers some of the most frequently asked questions when it comes to Phoenix personal Injury Law. Not only Is Chris Zachar a Certified Specialist in Wrongful Death and Personal Injury, but with over 19 years of experience he has narrowed down some of the most common factors that play roles into a Phoenix Car Accident.

 

For more information from your Phoenix Personal Injury Lawyer, please visit our website and also visit our Phoenix Personal Injury Lawyer Blog to recieve up to minute updates on News and More.

 

Phoenix Personal Injury Lawyer: Who can be sued in a Arizona slip and fall case?

Slip-and-falls are the second leading cause of  injuries and deaths after car accidents (OSHA). A disproportionately high amount of them are guests of restaurants, hotels, motels, fitness centers and other public buildings. The average cost to defend law suits is just over $50,000 and average judgments over $100,000. The vast majority of tile floors, bathtubs, and showers tested using OSHA, ADA or other accepted industry standards, prove that most establishments achieve a rating result of "Dangerous" or "Very Dangerous". With staggering statistics like these, management and loss control experts are forever busy with the latest solutions.

*  25,000 slip and fall injuries require hospital care every day. (over 9 million per year)
*  More than 300,000 are "disabling" injuries.
*  Most accidents that happen in the home occur in the bathroom.
*  35% of all work-related injuries are slip and fall accidents and account for 65% of lost time from work
*  95,000,000 days lost from work.
*  Slip and fall accidents account for 2/3 of all accidents among adults over 65, according to AARP.
*  Every 35 minutes an older adult dies as a result of a fall.

For more information from your Phoenix Personal Injury Lawyer, please visit our website and also visit our Phoenix Personal Injury Lawyer Blog to recieve up to minute updates on News and More.

 

Valley pharmacy says 'sorry' for dosage mistake

PHOENIX - Representatives for a Valley pharmacy say they’re “sorry” for repeatedly refilling a customer’s medication with ten (10) times the dosage she was prescribed.

According to medical records, the mistake, which continued for nearly a year, caused the patient to suffer from painful chest muscle spasms. She also feared her own death.

Sometimes the striking pain would reoccur up to one hundred times a day, according to Larina Helsom, the Phoenix victim. It was so severe, Helsom said, that she couldn’t breathe or talk. She couldn’t lift her new baby out of her crib.  “When it first happened, I actually thought I was dying,” Helsom explained.  She was having esophageal spasms, and doctors tried multiple solutions to stop them, including at procedure at Scottsdale’s Mayo Clinic.

“I never got used to the pain,” Helsom said. “My whole body would turn red and purple.” “I always thought, this is going to be it. This is going to be the one,” she said, talking about how she prepared for the worst possible scenario.  For months, Helsom had been refilling her prescription at the Walgreens pharmacy near Union Hills Dr. and Cave Creek Rd, but no one noticed the 5mcg dose she was supposed to be taking twice daily had actually been filled with 50mcg tablets, ten times the dosage.

The AZ State Pharmacy Board is now investigating Helsom’s complaint to determine whether negligence may have been a factor in the mistake.  “Generally we’re not trying to assign blame,” said Hal Wand, the Executive Director, “We’re trying to make sure it doesn’t happen to someone else.”  Wand said many pharmacies have computer software to help alert pharmacists when a dosage is too high for a patient or if drugs shouldn’t been taken together. However, Arizona pharmacies are not required to use computers or special software, Wand said.

A pharmacist, however, is required to counsel a new patient or a patient with a new prescription or drug strength. Some patients refuse counseling.  “I think pharmacists do provide a service that machines and robots can’t” Wand said, “but if they’re not doing that service…it doesn’t do anybody any good.”

This is a form of medical negligence.  In Arizona, any allegation of wrongdoing, resulting in injury to a patient, is “medical negligence” (malpractice).  Under Arizona law, a person having sustained injuries by way of the neglect of a licensed medical provider, has a right to bring a claim for injuries and damages against the medical provider. 

In this circumstance, it appears fairly solid that the pharmacy made some mistakes, and that the patient suffered.  This is the first step necessary in determining whether to bring a claim.

The second step is to evaluate the nature and extent (and potential value) of the injuries and damages.  Medical negligence cases are generally contested by the medical providers and their insurance carriers, and generally, made very time-consuming and expensive to pursue.  Even though one might have a good claim for negligence, oftentimes the low values of the damages (i.e. a few weeks of pain, with no residual problems), makes pursuit of the case non-feasible. 

In this case, Ms. Helsom should probably consult with an experienced medical negligence attorney to determines whether she has a valid claim, and then, whether the value makes it worthy of pursuing.  We wish her the best.

For more information from your Phoenix Personal Injury Lawyer, please visit our website and also visit our Phoenix Personal Injury Lawyer Blog to recieve up to minute updates on News and More.

 

Phoenix Personal Injury Lawyer: Monsoon Season Is Officially In Swing

Flooding is the most common natural disaster in the United States. In fact, a home located in a high risk flood zone has a 26 percent chance of sustaining flood damage during the life of a 30-year mortgage compared to a four percent chance of fire damage.

New residents in Maricopa County are often surprised to learn the region's desert environment is conducive to flash flooding, due to unique soil and topography characteristics, winter and summer rainy seasons, and a widespread network of natural riverbeds, washes and channels.

A flash flood is a torrent of water rushing through a normally dry or low-flow creek, stream, wash, ravine and culvert, or through other low-lying areas. During a rainstorm, normally dry waterways can quickly become raging rivers due to water running off mountains and higher elevations onto the flat terrain below.

Flash floods are life-threatening situations that can strike without warning. Remembering the following safety facts could save your life:

• Stay Out of Flooded Washes, Rivers and Streams! The rushing water of a flash flood collects soil and debris as it moves along and destroys everything in its path.
• Six inches of water can sweep a person off their feet.
• Two feet of water will cause many automobiles to float.
• Nearly half of all flash flood-related fatalities involve motorists.

Find out from the Flood Control District if you live in a flood-prone area and learn about the history of flooding in your region. Also, ask the District whether your property is above or below the flood stage water level.

Be Prepared

• Learn the flood warning signs and community alert signals in your area.
• If you live in a frequently flooded area, stockpile emergency building materials, such as plywood, plastic sheeting, lumber, nails, hammer and saw, shovels and sandbags.
• Have check valves installed in building sewer traps to prevent flood waters from backing up in sewer drains. As a last resort, use large corks or stoppers to plug showers, tubs or basins.
• Plan and practice a family evacuation route and alternatives.
• Have disaster supplies on hand, such as flashlights and extra batteries; a portable, battery-operated radio and extra batteries; first-aid kit and manual; emergency food and water; non-electric can opener; essential medicines; cash and credit cards; sturdy shoes; and clothes.
• Develop an emergency communication plan. In case family members are separated from one another during floods, have a plan for getting back together.
• Ask an out-of-state relative or friend to serve as the "family contact."
• Make sure that all family members know how to respond during and after a flood.
• Teach children how and when to call 9-1-1 and which radio station to tune into for emergency information.
• Make sure everyone knows how and when to turn off gas, electricity and water.

For more information from your Phoenix Personal Injury Lawyer, please visit our website and also visit our Phoenix Personal Injury Lawyer Blog to recieve up to minute updates on News and More.

 

VIDEO: Valley man saves motorcyclist in dangerous Motorcycle Accident

SCOTTSDALE, AZ - Robert Doyle says he was sitting in a drive-through lane at a Scottsdale convenience store when he witnessed a horrible accident.

"It looked like she didn't even see him and had no time to react," Doyle recalled. "She just ran him over."

Doyle said he watched as a woman driving an SUV pulled out of a parking lot near McDowell Road and Loop 101 and t-boned a motorcyclist heading east on McDowell.

On the store's surveillance video you can see the SUV collide with the 26-year-old motorcyclist.

Doyle can also be seen on the tape jumping out of his car to help.

"Immediately just started doing whatever I could to stop that bleeding," explained Doyle.

Doyle, who owns a Fred Astaire Dance Studio in Glendale, is used to being quick on his feet and right away took off his belt. He said he then applied a tourniquet, something he'd recently learned on TV, to help stop the bleeding from the motorcyclist's leg.

"I just put it above the knee and kept twisting it as tight as I could, and just kept talking to the kid," he said.

The dance studio owner stayed with "Mickey" until paramedics took over.

Then he learned his quick thinking saved Mickey's life.

"I would hope someone does it for me or my son," Doyle said.

As for Mickey, a spokesperson for Scottsdale Healthcare Hospital says he's still recovering but in good condition. He's also reportedly looking forward to the day when he's going to get to thank Doyle in person for stopping the bleeding.

According to Sen. Scott Bundgaard, that should happen this summer when Bundgaard says the Arizona Senate plans to honor Doyle for his heroic actions that day.

For more information from your Phoenix Personal Injury Lawyer, please visit our website and also visit our Phoenix Personal Injury Lawyer Blog to recieve up to minute updates on News and More.

 

VIDEO: New Concussion Law Helping Arizona Athletes

“I was hit from behind,” Brayton Vangotum said. “I was about five feet from the boards and I went head and shoulder first in and I was laying there and blacked out.”

Vangotum was rushed to a Valley hospital after he lost consciousness. He took an illegal hit during a hockey game earlier this year. The Peoria High School student suffered a concussion as a result.
  
“Really bad headaches and really bad migraines,” Vangotum said. “It was so bad that my teeth hurt and one day I saw spots.”

The 17-year-old went to Barrow Neurological Institute at St. Joseph's hospital.

“He did like a baseline test of neurological movements standing on one leg, closing his eyes, being able to move,” Vangotum’s dad Bill said.

He knew his son could face a series of problems if he returned to play before symptoms from his concussion cleared up.

“My worries were not just getting him back on the ice right away that was the farthest from my mind,” Vangotum’s dad said. “My worry was 20, 25, 30, 40 years down the road.”

Going back before you've recovered from your concussion is the worst thing you can do because you’re more susceptible to suffer a second concussion,” child neurologist Javier Cardenas said. “With a second concussion rarely you can have brain swelling or death, but most often you have symptoms and sometimes they turn into permanent problems.”

Doctor Cardenas treated Vangotum. He didn't clear him to return full time on the ice until April.

“You can't just draw a line in the sand and say tomorrow you can go back, or at one week or two weeks you can go back,” Cardenas said. “Everybody heals differently.”

Now it's practically impossible for any young athlete to get to their sport too quickly thanks to a new Arizona law. The youth concussion law protects kids from concussions and other traumatic brain injuries.

“You have to remove a child from play, practice or a game if they suffer a concussion,” Cardenas said. “They have to be cleared by a physician before they go back to play and all of this has to do with the safety of the athlete.”

Not only do athletes have to be cleared by a physician to go back to playing, they along with coaches and parents are educated on just how serious sports related brain injuries can be.

“There is a lot of pressure from coaches, athletes, parents and I think having this process will alleviate a lot of that pressure knowing that everyone has to go through the same steps,” Cardenas said.

For more information from your Phoenix Personal Injury Lawyer, please visit our website and also visit our Phoenix Personal Injury Lawyer Blog to recieve up to minute updates on News and More.

 

TIPS: Proper Tire Maintenance During National Tire Safety Week

 

PHOENIX - AAA Arizona is reminding all drivers about proper tire maintenance during National Tire Safety Week.

According to AAA, only 7-percent of drivers have all of their tires properly inflated. Each year, underinflated tires lead to 600 deaths and 33,000 injuries, according to AAA.

AAA recommends drivers do three things to prevent tire failure.

• Check tire pressure monthly. You can do this yourself by buying a tire pressure gauge from an auto parts store, said AAA spokesperson, Michelle Donati. It may cost about $30 dollars. Donati said check your driver's side door jamb for the correct pressure amount (PSI) or your car's manual.
• Inspect tire tread depth. To check yourself, place a quarter upside down in the tread grooves on severals spots of the tire. If the top of Washington's head is exposed at any point, it's time to replace the tire. Tread should be checked at every oil change.
• Align and rotate tires as specified by the vehicle's owner's manual.

An instuctor at Bondurant Driving School gave us some advice on what to do if you get a flat tire on the road.

• Stay calm and do not brake suddenly.
• Keep your eyes focused on where you want the car to go.

For more information from your Phoenix Personal Injury Lawyer, please visit our website and also visit our Phoenix Personal Injury Lawyer Blog to recieve up to minute updates on News and More.

 

VIDEO: Phoenix gets poor ranking for pedestrian safety

PHOENIX - High gas prices are forcing many of us to find alternatives to driving including walking, but a new study has ranked Phoenix as an especially dangerous place for pedestrians.  Nearly 50,000 pedestrians have died in traffic accidents in the past 10 years.

A study by the Transportation of America found four Florida cities ranked at the top.  Orlando was number one followed by Tampa, Jacksonville and Miami. Phoenix came in eighth.

WE are a “commuter city”.  That means that we have to walk, run or drive just about anywhere we want to get.  As opposed to big cities with mass transit systems, we do not have that here. 

And, As of April 1, 2010 the MSA is had a population of 4,192,887 USMA, making it the 14th largest metro area in the United States.  So, 1) large, 2) spread out and 3) no mass transit, means a lot of cars on the roadways. 

Here are some tips for Pedestrians to stay safer in our city. 

• Always cross at an intersection or crosswalk when one is available. Before crossing a street, stop at the curb, edge of the road, or corner before proceeding. Look left, right, and left again, and if it's clear, begin to cross, looking over your shoulder for oncoming vehicles. Continue to watch for traffic when crossing

• Walk facing traffic when there are no sidewalks so you can see what's coming

• If you must walk through parked traffic, stop and look carefully before stepping out from between vehicles. Don't run between parked cars and buses. Don't run across the street or through a parking lot

• Be especially careful when walking after dark. Placing retro-reflective stickers on shoes and bookbags, or slipping on a retro-reflective wrist band, is easy to do and it greatly increases your chances of being seen

• At intersections with traffic lights and pedestrian signals, it's important to follow the signal carefully. Wait until you see the WALK signal, following again the basic rules for crossing

• A flashing DON'T WALK signal indicates you should not start to cross the street. However, if you have already started crossing when it begins flashing, continue walking. The timing mechanism in the signal device allows you time to cross before it changes to a steady DON'T WALK signal

• If you see a steady DON'T WALK signal, don't begin to cross the street! Wait for the next WALK signal

• The WALK signal and the green traffic light indicate that it's your turn to cross the street, but they do not mean it is SAFE to cross. The WALK signal and the GREEN light mean LOOK, and then go if no traffic is coming your way

• Always watch for turning cars when crossing the street

For more information from your Phoenix Personal Injury Lawyer, please visit our website and also visit our Phoenix Personal Injury Lawyer Blog to recieve up to minute updates on News and More.

 

 

 

Tips to avoid the injuries that come with summer time

 

            With summer approaching quickly, families are busy planning vacations, cookouts, reunions, and beach gatherings. They are finalizing their details for accommodations, and itineraries for fun-filled activities. These lists are sure to help provide good times for these folks throughout the summer, provided no one gets hurt. Hurt? Why spoil all this fun-talk with a word like "hurt"?

            More accidents occur during the summer months than during any other time throughout the year. From minor accidents like scrapes and bruises, to more serious ones like near-drownings and serious burns, summer's range of activities puts millions of people in precarious positions with regard to their safety.

            A report by Safe Kids calls summer “trauma season”, and most of the emergency care physicians nationwide would probably agree with that. Statistics say there is a marked increase in the middle of summer. Children have a lot of access to things they don’t when they’re in school, and the lack of supervision is a huge, huge issue. National research has shown that July is the deadliest time of the year.

            The simplest way to avoid accidents is to plan carefully to avoid accidents, the  same way families carefully plan their adventures, vacations and gatherings. Education is key. Organizations like the Red Cross and the Y.M.C.A. offer courses in safety and first aid. Courses in C.P.R. are invaluable, and not only are useful during situations like potential heart attacks and chokings, but also with summer swimming mishaps. Many potential drownings are avoided by the use of C.P.R.  According to Safe Kids, drowning deaths increase by 89 percent during the summer.

            Also, the sun plays a huge factor in summer accidents and illnesses. Sunburn and sunstroke victims are treated daily in hospitals and clinics across the country, and in nearly all of the instances could have been avoided. Sunscreen is an essential deterrent for serious sunburns, which can result in conditions leading to dermatological problems or even skin cancer. Don't rely on clothing to provide protection! Most clothing isn't made with the correct fibers to prevent the sun's rays from reaching the skin. It is also important to wear sunscreen on cloudy or hazy days.

            Dehydration is another major reason for trips to emergency rooms during summer months. It is imperative for people to keep themselves well-hydrated" "especially children and the elderly" "and water is the beverage of choice. The body needs lots of extra water during hot weather as fluids are depleted more frequently through sweating. Drinking eight to ten 8-ounce glasses of water on a daily basis is recommended year-round. Even more is required during the summer months, and especially before, during, and after any strenuous activities. Make a habit of carrying a small portable cooler filled with containers of water in your car. This will ensure no risk of dehydration and curb the temptation to fill up on carbonated and sugary drinks instead.

            According to the Arizona Department of Health Services, in the eighteen-year period from 1992 to 2009, 1,485 deaths from exposure to excessive natural heat occurred in Arizona.  Summer gatherings are also noted for being among the highest rated incidents of food poisonings. Improperly stored and improperly chilled foods often left open to the heat and the air for long periods of time are usually the culprits.  The CDC estimates that 76 million people suffer from food poisoning during the summer months.

            Food needs to be refrigerated if not being used immediately. No foods should be left in direct sunlight, especially anything containing meat or milk products. There are many innovations for prolonging the life of picnic foods. Some food storage options come with special compartments for ice or freezer packs. If these aren't readily available, move the food inside and keep chilled until ready to serve. Keep picnic food in iced coolers until it is time to eat.

            Food poisoning symptoms often come on suddenly, as severe flu symptoms. If you think you or anyone with you is experiencing these symptoms, seek medical attention at once.

            Summer is the most fun time of the year, but also, in many respects can be the most dangerous.  No one wants to get hurt, and no one wants to get sick.  Please plan ahead—water, sunscreen, etc…, and let’s make the summer of 2011 the best yet!

For more information from your Phoenix Personal Injury Lawyer, please visit our website and also visit our Phoenix Personal Injury Lawyer Blog to recieve up to minute updates on News and More.