Zachar Law Blog

Are guns the leading causes of deaths in America? The answer might surprise you.

Gun Control? Is That Necessary?

According to the FBI Uniform Crime Report, in 2010 a total of 12,996 were killed by firearms.

Bad right? With all of the recent discussion regarding the danger of guns, guns should be our No. 1 concern, right?

Do you know that guns are NOT the leading cause of pre-mature deaths in the US?  Guns are, indeed, way down on the list of circumstances that cause premature deaths in the US.

The five (5) leading causes of death in the US are below:  

1. Heart disease: 599,413
2. Cancer: 567,628
3. Chronic lower respiratory diseases: 137,353
4. Stroke (cerebrovascular diseases): 128,842
5. Accidents (unintentional injuries): 118,021
6. Medical mistakes by healthcare providers (medical malpractice):  98,000+

15.  Gun-related deaths (accidents and intentional):  12,996  

The Institute of Medicine’s (IOM) seminal study of preventable medical errors estimated as many as 98,000 people die every year at a cost of $29 billion. If the Centers for Disease Control were to include preventable medical errors as a category, these conclusions make it the sixth leading cause of death in America.

Further research has confirmed the extent of medical errors. The Congressional Budget Office (CBO) found that there were 181,000 severe injuries attributable to medical negligence in 2003. The Institute for Healthcare Improvement estimates there are 15 million incidents of medical harm each year.

HealthGrades, the nation’s leading healthcare rating organization, found that Medicare patients who experienced a patient-safety incident had a one-in-five chance of dying as a result.

In the decade since the IOM first shined a light on the dismal state of patient safety in American hospitals, many proposals for improvement have been discussed and implemented. But recent research indicates that there is still much that needs to be done.

Researchers at the Harvard School of Medicine have found that even today, about 18 percent of patients in hospitals are injured during the course of their care and that many of those injuries are life-threatening, or even fatal.

The Office of the Inspector General of the U.S. Department of Health and Human Services found that one in seven Medicare patients are injured during hospital stays and that adverse events during the course of care contribute to the deaths of 180,000 patients every year.

Ban doctors?  Please.

Guns are dangerous weapons, but it is not GUNs that kill people.  People kill people.
Cars are dangerous, but cars do not kill people.  Careless and inattentive drivers do. 
Heart disease is by far no. 1. Are french fries and burgers dangerous? Well, in this circumstance they are.

But the foods are not at fault.  Poor food choices are the cause.

You can’t blame the guns, the cars or the food.  You can only blame the people who abuse them or use them intentionally or carelessly, and cause harm to others.

Everyone, have a safe New Year.

Your frequently asked questions answered by us part 4

With the Holidays around the corner, we thought we'd throw in another post regarding your FAQs regarding personal injury law in Arizona. We know almost everyone is traveling for the Holidays and we also know that shopping for the last minute gift will be a little harder as the masses are also out and about. Please everyone be safe over the holiday, and if you have any questions please feel free to visit part 3, part 2, and part 1 of our ongoing series of questions asked by you.

Is my employer liable for the damage to my car for an accident that occurred while I was on duty?

Why?  Did your employer do something wrong?  The one who caused damage to your car is responsible for your damage.  If another driver, then hopefully he/she has insurance.  If you caused the damage, then you are responsible. 

Do I need pay back my med insurance for bills they have covered for an accidnt where the other drivers insurance paid me?

If you are talking about health insurance, the answer is:  Maybe. Different types of plans have recovery provisions, and different states have differing laws on this issue. It is best to check with an attorney in your area experienced in these matters.  Most experienced personal injury attorneys know this area of the law well. 

Can the other drivers car insurance company accept liability, return my deductible, then deny my bodily injury claim?

Can they? Yes. This happens all the time. Your avenue of recovery is through the courts. Luckily for EVERYONE, insurance companies don’t get to make the final decision. 

My attorney says they are filing a complaint against the insurance company what does that mean?

A “Complaint” is generally the name given to a lawsuit. Your attorney is filing a lawsuit against the other party. 

The car that hit me while i was riding a bicycle has no insurance, what’s my next step?

Were you injured?  Do you have medical bills?  Do you have a car? Insurance? There may be an avenue that way.

The person who hit you is no less responsible just because he/she doesn’t have insurance. I suggest you talk to an experienced personal injury attorney. 

If my son was involved in an automobile accident and he was at fault , can we sue if there are injuries. we had full coverage?

Who would you sue, and for what?  Your son was at fault.  There is no one responsible for his injuries but him.  He cannot sue himself. 

The top 5 most dangerous intersections in Phoenix, Arizona

Speed, distracted drivers, and red light runners are still the main reason why accidents in Phoenix, Arizona are occurring at intersections.

AAA released a list of the top five intersections that averaged the highest number of collisions based on data analyzed from the Maricopa Association of Governments, over a three-year span from 2008 to 2010.

The intersections are:

35th and Dunlap avenues in Phoenix (139 average collisions);

59th and Olive avenues in Glendale (137 average collisions);

59th Avenue and Thunderbird Road in Glendale (xxx average collisions);

32nd Street and McDowell Road in Phoenix (average 112 collisions:, and

51st Avenue and Camelback Road in Phoenix (average 108 collisions).

AAA statistics show that last December, Arizona saw 9,648 crashes, the highest monthly number for the entire year. The holidays can lead to an increase in distracted driving and motorists in a hurry. 

“When it comes to red-light running, we are home to some of the worst offenders in the country,” said Michelle Donati of AAA Arizona.  “It’s gotten worse over the years,” said Jean Murphy, who has noticed an increase in congestion and traffic on local roadways. “It’s hard to be safe.”

AAA urges drivers to drive defensively and pay attention for motorists who may not be.  “If you’re doing something at a red light, and light turns green and you step on the gas, you may not see a red-light runner. That could be a fatal error,” Donati said.

OK.  What is the answer here? For the most part, we all need to be a little more vigilant.

Your light turns green. You have the right to go, right?  Right.  If the other guy runs the red light, he is at fault, right?  Right. 

No problem then, right?  Wrong.  In this instance, you could be deadly wrong. 

Under Arizona law, as drivers on the public roadway, we have the RIGHT to ASSUME that all drivers will obey the laws and rules of the roadway.

However, the best first option is to AVOID an accident if you can. It will save you a lot of time, a lot of headache (literally and physically), and perhaps, your life.

Remember—no matter who is at fault, when you are in an accident, NO ONE WINS!!!

Everyone, have a safe and happy holiday!!

Highway deaths fall to lowest number since 1949; distracted accidents on rise

National highway deaths are down to the lowest level in over 60 years, according to the U.S. Department of Transportation's National Highway Traffic Safety Administration. 

In 2011, there were 32,367 highway deaths, decreasing 1.9 percent from 2010.  Additionally, this number was the lowest since 1949.

The Fatality Analysis Reporting System also reported that the number of national fatalities was the lowest ever recorded, down .01 percent from 2010.  Fatalities involving passengers in SUVs, minivans, pickups and passenger cars decreased 4.6 percent.  Deaths in crashes with drunk drivers took 9,878 lives as opposed to 10,136 lives in the previous year.  Unfortunately, fatalities involving large trucks, bicyclists, pedestrians and motorcyclists increased by 20 percent, 8.7 percent, 3 percent and 2.1 percent respectively.

Distraction-related accidents also increased by 1.9 percent, but officials are unsure of whether that number is due to increased reporting and awareness.

Despite Americans driving 1.2 percent fewer miles than in 2010, the NHTSA says that the change in number of deaths strongly outweighs the change in miles driven.  Officials believe the change was due to better technology, public education and through taking on issues like drunk driving, distractions and other safety hazards.

We are in more difficult economic times.  People have less money to spend. 

Less money to spend means less places to go, which means less cars on the road, which means fewer interactions and fewer auto accidents. 

How much of this is responsible for the decrease in accidents?  Hard to say.  But, are fewer accident happening because people are driving more safely?  After bring in the legal professional for 20 years, representing accident victims, I seriously doubt that to be the case. 

Whatever the reason, let’s hope the trend continues. 

Your frequently asked questions answered by us part 3

Here is our third set of frequently asked questions asked by you our readers. There has been some great questions asked, and our arizona car accident lawyer, Chris Zachar has taken the time to answer these questions directly. Remember if you have a question, please feel free to contact us directly at 602-494-4800 or even live chat with us 24/7 at our Phoenix personal injury lawyer site.

You can also view our past frequently asked questions posts, both part one and part two.

How long does it normally take after obtaining a personal injury lawyer for a personal injury claim to negotiate a settlement?

Generally, the amount of time it takes to settle (assuming the case can be settled without a lawsuit) depends up the extent of a person’s injuries, and the duration of medical care.  No one should ever settle a case before they are done treating for their injuries.  The only exception to this is if you have a long-lasting or permanent injury, and you can get opinions from your doctors what your future course of treatment will be. 

As different injuries heal at different rates in all people, there is no universal answer as to “when a case should settle” after retaining an attorney. 

I was hit while attempting to make a left hand turn in the center “warning lane”. This was not at an intersection. The other driver was going in the opposite direction of me and in the right lane. At the last minute they made a lane change towards the left lane colliding with me head on. Who’s at fault?

If I could choose which side of this argument to be on, I would choose the driver going straight.  The left turner always has a duty to yield right of way.  If on a straightaway, the adverse driver did nothing wrong by “changing lanes”.  You however assumed that you could make the turn—in a hurry or whatever, and failed to yield. 

I was driving on a suspended license. I was rear-ended by a driver at a freeway off-ramp. Can I still recover damages for my vehicle and injuries? Or am I at fault for driving in the first place when I wasn’t supposed to be?

You can still recover for your injuries and damages.  The fact that you were driving on a suspended license will likely not even be admissible. 

What is Subrogation and how does it factor in for a case involving an under-insured driver that caused an accident?

Subrogation generally comes into play in the circumstance of an UN-insured driver who causes an accident, not an Under-insured driver.  Subrogation is a term that is used to describe the circumstance where—because of the lack of insurance of the other driver, you settle for payment from your own insurer, and you then assign to I the right to seek reimbursement from the at fault driver.  The act of your own insurer chasing the adverse driver form a recovery is called “subrogation”. 

Can a father initiate a personal injury claim for his child, even though he does not have custody of the child?

In Arizona, a child under the age of 18 MUST have an adult bring the claim for him/her.  This can be done by any adult, and is usually done by a parent or guardian. 

Is there a time limit between the date of MVA until you see the doctor for one to have a case?

There is no time “limit”, but generally, the longer you wait, the harder your case will be. It is your burden to prove that any medical care was related to the accident. 

With a delay, the insurance company for the other side will argue a “gap in care”, and make it difficult for you to prove that the care you finally did get was actually related to the accident. 

Bicycle Helmets Save Lives, It’s a Fact

With the Holidays approaching quickly, some children will end up with a new shiny bicycle. That new bicycle should also be accompanied by a new bicycle helmet.

Do you know that more than 51,000 bicyclists have died in traffic accidents throughout the United States since 1932.

In 2006 alone, 773 bicyclists were killed while another 44,000 were injured in car accidents. Children 14 and younger accounted for 13% of those fatalities which is makes it one of the highest death categories among children.

Bicycle helmets are 85- to 88-percent effective in mitigating head and brain injuries, making the use of helmets the single most effective way to reduce head injuries and fatalities resulting from bicycle crashes.  Unfortunately, despite the fact that nearly 70 percent of all fatal bicycle crashes involve head injuries only about 20 to 25 percent of all bicyclists wear bicycle helmets. 

The first bicycle helmet law was passed in California in 1986 and became effective in 1987. This law was amended in 1994 to cover everyone under 18. 

To date, 21 States, the District of Columbia, and at least 149 municipal localities have enacted age specific bicycle helmet laws. Most of these laws cover bicyclists under 16.

The statistics show that using a bicycle helmet will indeed give riders a better chance of a non-serious injury if involved in an accident. It should be a no-brainer that if you are riding a bicycle regardless of your age, that you should wear a helmet.

The state of Arizona has no mandatory helmet use law for bicyclists; there are a few municipalities that have their own rules.

	Municipality	applies only	Year Enacted
	Flagstaff	Under 18	2010
	Pima County	Under 18	1995
	Sierra Vista	Under 18	1995
	Tucson	Under 18	1993
	Yuma	Under 18	1997

It is just a darn good idea to wear a bicycle helmet while on the roads.  Ever see the geared up, professional bike riders, riding alone or in packs?  Ever see any of those people lacking a helmet?  No. Bicycle accidents in Phoenix happen more often than you'd think. It makes sense that you'd want to protect yourself and wear a helmet.

A good lesson to learn.  Buckle up!

Do I Need An Arizona Car Accident Attorney for a Pickup Truck Case? Absolutely.

Arizona car accident attorneys know that practicing law doesn't end with the black and white letters in the law books. Most real cases are complex and require experienced accident attorneys to apply rules that don't fit perfectly into the case in front of them to arrive at a just result. One area where this is especially difficult is in cases involving people riding in the backs of pickup trucks.

Arizona doesn't have a law specifically prohibiting riding in the bed of a pickup truck, but there are general laws that could apply in some situations. "Endangerment," for example, is a criminal offense that is defined as “recklessly putting another person at substantial risk of death or serious injury”.

Exactly what qualifies as a "subtantial" risk, and how unreasonable conduct has to be before a jury would believe someone was "reckless" are questions of fact, and therefore, something even the best Arizona car accident attorneys can only make an educated guess about.

The typical case of someone driving fairly safely with passengers in the back of their truck is unlikely to be prosecuted, but if the driver is also, say, speeding or following too closely, the probability goes up.

Because the element of "violating a statute" is absent, a person who is injured while riding in the truck bed is not “negligent per se” (negligent as a matter of law), though they may still be negligent. If the victim was injured because of the negligence of the driver of the pickup they were riding in, one key question will be whether the victim knew the risks of riding in the truck bed.

If so, the driver may be able to assert that the victim "assumed the risk" and thus cannot recover. Generally, it will be much harder to prove that a child knew and accepted the risks than an adult, especially if the adult is accustomed to riding in truck beds.

In much the same way that what constitutes endangerment comess down to the judgment of the jury, what counts as contributory negligence or assuming the risk also depends on the jury, which makes the assistance of an Arizona car accident attorney a vital part of protecting your rights. 

It is crucial to understand that what your rights and liabilities are when a crash occurs with someone in the truck bed is highly dependant on your individual circumstances. 

It is important to have the guidance of an Arizona car accident attorney with extensive experience in these types of accidents to ensure that you get the compensation you deserve.

To speak with a professional attorney who specializes in helping construction workers stand up for their rights, call Zachar Law Firm at (602) 494-4800 or visit www.zacharassociates.com.

The dangers of pranks when they go wrong

 

There are thousands of videos circling around the internet of people taping others being pranked. There are TV shows that exist solely for the reason of showing these video clips to the masses. Pranking has had a recent surge due to the fact that many are looking for their 5 minutes of fame on the internet with views, or even bigger to have their video featured on a national tv show. Though the pranks are meant to be fun, many don’t think about the consequences of a prank that can turn sour in a matter of a few seconds.

The video above depicts a woman on her phone walking in her home with a bag of groceries. A camera is recording in a likely hidden place so she won’t notice. Behind a wall is a man with glasses and a bandana over his face to conceal his identity. As soon as the woman gets off her phone, she turns around to someone she “doesn’t” know. she screams, running out of the house and down the drive way, while the camera-man follows behind her while laughing….the woman then runs into the street and is hit by a vehicle.  (Of note, information at the conclusion tells us that this is not real.  Thank God.)

How does a harmless prank go horribly wrong so quickly?   Who’s to blame for the woman getting hit by the vehicle?  Can there be liability against the pranksters?  Who would pay?

The likely answer here is that YES, the pranksters can be held liable.  Although intended as “fun”, it is reasonably foreseeable that the person being pranked may have such a reaction, and may do something that results in injury to himself/herself or others.  Under that circumstance, the pranksters have to think about their actions and the potential results. 

Most likely, no one intends that injuries result from a prank.  As such, any injuries that occur could be considered “accidental”.  If true, then it is highly probable that a prankster’s homeowner’s or renter’s coverage will apply, and provide insurance coverage for the harm that occurs.

Hopefully, these stay “fun”.  However, if not, there may well be recourse against the pranksters.

Just be careful. 

How does a prior injury sustained affect the outcome of a car accident?

With more drivers on the road than ever before, accidents are also on the rise. But what would happen if you were involved in an car accident in Phoenix and sustained an injury? What would happen if a prior injury you had in your past was once again re-aggravated? Does this limit you in what you can recover regarding damages and injuries?

What if your prior injury was completely healed and the accident itself caused you to injure it once again? What happens if your prior injury was recent and was still in the healing process when the car accident occurred? These kinds of questions will go through anyone’s mind. The only way you will know what happens next is by listening to a Phoenix car accident lawyer, who has knowledge and experience in dealing with situations like this.

First, the answer to this questions depends upon which side you are on:

Insurance Company and Defense Attorney:

If you listen to insurance companies, you would assume that the accident never happened.  ALL of the problems, of course, are pre-existing.  The accident?  A minor factor, but really, you WERE already suffering.  Now, you are just lying about it because you are trying to get money.  You are trying to get “rich” by blaming this accident.  You are the root cause of all of the problems in society.  You and your greedy lawyer.  You sicken me. 

Your Personal Injury Attorney:

I am sorry you were hurt—I know it was not your fault.  There is no record of you ever having had a problem before or if so, the fact you had not seen a doctor for years seems indicative that this was not causing you any issues.  Now, you deal with the pain on a daily basis.  It is my responsibility to make sure that you do not come out of this in the hole.  Let’s make sure your necessary medical bills are paid for.  Let’s make sure if you lose time from work, that gets reimbursed.  Under Arizona law, you are allowed some compensation that is commensurate with your level of pain, discomfort and suffering.  We are not interested in making you “rich”, and know that we certainly are not going to get rich on the dozens, hundreds or thousands of hours of time we put into your case. 

“Fairness” has a personal meaning to each person.  We hope to counsel you on fairness, and obtain for you some justice.

Your frequently asked questions, answered by us part 2

A couple of weeks ago, we decided to answer some of your most frequently asked questions regarding Personal Injury Law in Arizona.

Since that first posting, we've recieved an overwhelming response and have decided to add a part 2 and possibly even more as time goes on. Please feel free to get in touch with us at any time if you have questions regarding personal injury or wrongful death law in Arizona.

What evidence does an attorney need in order to successfully win a slip and fall case?

There are many aspects here.  First, know what caused you to fall.  Second, you need to be able to prove that the premises owner/possessor knew or should have known of the dangerous condition (the thing that caused your fall) in advance of the fall.  Lastly, there must be injuries to have an actionable claim in AZ.  

Is there a certain amount of time to report a fall at a store?

The incident should be reported immediately--before you leave the store.  If you leave the store and come back to report it later, it may bring into doubt whether it occurred at all.  The best measure:  If you fall, don't leave the area (if possible) and report it to a manager as soon as possible.

Why do car accident settlements take so long?

One of the most important things to consider before settling a case: Make sure you are fully healed, or as healed as you are likely going to get.  It would be imprudent to settle your case before knowing the full extent of your injuries or knowing how much care you will need.  Therefore, it takes time. 

Can I sue an auto manufacturer for their airbags not going off to protect me in an accident?

This is a conceivable claim--but it really depends on the nature of your injuries. Remember, a case against a big auto manufacturer is going to be very expensive.  In my opinion, the injuries must be severe to warrant a potential case against an auto manufacturer for a case like this.