Zachar Law Blog

Top 10 States for Bicyclist Fatalities Revealed

A report just released by The Governors Highway Safety Association shows an alarming increase in bicycle accidents nationwide. In fact, biking accident deaths increased more than 16% in only 2 years.  +

Now, more than ever is the time to make sure you wear a helmet while you are biking.

Though there isn't one cause that is contributing to the increase, it's safe to say with the increase in distracted driving with cell phones, these statistics will unfortunately increase.

Below are the states that have the highest number of bicyclists killed in 2012.

1. California (123 deaths)

2. Florida ( 120 deaths)

3. Texas (56 deaths)

4. New York (45 deaths)

5. Illinois (29 deaths)

6. North Carolina (27 deaths)

7. Michigan (19 deaths)

8. Ohio and Arizona (18 deaths each)

10. Georgia (17 deaths)

A Nationwide Problem or Not?

A total of 722 bicyclists were killed in accidents involving automobiles in 2012, and two-thirds of these were not wearing helmets.

Urban areas have seen the largest increase in these unfortunate accidents.

Helmets help prevent serious injuries and helmets can save lives. 

While a helmet cannot protect you from injuries in a car accident (remember, car vs. bike, the car always wins), wearing a helmet can help prevent or reduce a head injury. 

You know helmets are the safer way to ride. You know there are A LOT of car in Phoenix that traveling 10+ miles over the speed limit at all times and you know that it is dangerous to rides your bike on the public roads. 

Why would you even consider going out riding without taking simple measures to protect yourself?

It makes great sense to wear a helmet.  Wait—let’s say that another way.  It makes ZERO sense to not wear a helmet. 

Be sensible.  Be safe.  Buckle up.  

What happens if you're injured in a fight? What are your rights?

An experience NO ONE WANTS.

Tempers flair, maybe you are just an innocent caught in the middle.  

Regardless, because of a physical confrontation, you are hurt. Medical bills.  

What are your rights?

Just like any personal injury claim, you have a right to make a claim against the parties that caused the fight and your injuries.  

If you are unable to resolve the matter, you can file a lawsuit.

Who is responsible?  The assailant?  A restaurant or bar that overserved those involved?  Others?  

The next question: Do any of the at-fault parties have insurance to cover their liability?

If an intentional act, maybe not.  If alcohol involved, the answer might be different.  

Keep in mind that the Arizona statute of limitations (your time to file a lawsuit to protect your rights) may be shortened to 1 year from the date of the incident.

If you are a victim, you should seek assistance from an attorney experienced in these matters ASAP.  

An investigation will need to be done and witnesses located. The passage of time will not help your case.  

Do not delay.  You have rights.  Take the time to learn what they are.

Is Your Fender-Bender Worth a Lawsuit?

A "fender-bender". That is the name often given to a car accident wherein the damage to the vehicles involved is minor. Not considered serious.  No big deal, right?  

Not so fast.

In the real world, "minor damage" does not always mean "little impact".  And, damage done to a car is not necessarily a predictor of occupant injury.  

There are many other factors that come into play, such as age, health condition and position of your body/head at the time the crash occurs.  

Recently, ZLF represented a 42 year old man, married with four children who was hardworking and never had missed work due to any health issues.

Rear ended in stop and go traffic, the insurance company for the at fault driver called it a "bump".  The day of the accident, our client felt ok.  

The next morning, he awoke with low back pain.  

By the third day, pain was radiating down his right leg.  A month later, after consultations with numerous doctors, he had surgery to remove a herniated disc.  

The medical bills piled up.  He couldn't work for month. The insurance company for the at fault driver said it was "a bump, a fender/bender" and denied the claim.  

They could not say what caused his pain and the need for surgery.  Just said it wasn't their driver's "bump".

ZLF knew differently.  

ZLF knew this hardworking man did not develop these symptoms "coincidentally" at the same time as he happened to get rear ended.  

A lawsuit was filed when the insurer denied the claim.  After a short time, realizing they could not win, the insurance company and their attorneys gave up and paid the claim.

Insurance companies and their attorneys want people to believe that "fender-benders" can't result in serious injuries.  However, ZLF knows otherwise.  We have seen it far too often.

Sometimes, it takes a court fight to prove it.  That is what we do best.

National Teen Driver Safety Week: Tips to keep your teens safe

National Teen Driver Safety Week kicked off on Sunday. Of course this week is dedicated to making sure we keep our teen drivers safe while they are on the road.

The safety week runs through October, 25th.

The Center for Disease Control says if you are a hands on parent about buckling up and safety then your kids are 50% safer. 

Teens have the highest crash rate out there according to The Department of Motor Vehicles. 

Car Crashes are the leading cause of death for teens in the United States, constituting 36% of all deaths in this age group according to the Centers for Disease Control. 

Each year over 5,000 teens, ages 16 to 19, die due to fatal injuries caused by car accidents.  

About 400,000 drivers age 16 to 19 are seriously injured.  For each mile driven, teen drivers ages 16 to 19 are about four times (4x) more likely than other drivers to crash

Don’t forget: distracted driving is one of the main contributors to crashes, death, and is the leading cause of death for teens, according to The National Highway Safety Administration. 

Another factor is not buckling up The CDC says. 

The CDC says 60% of teens who died in car crashes were not buckled up.

Below are tips to help your teenager stay focused while on the road:

• Always wear your seat belt--and make sure all passengers buckle up, too.
• Never try to fit more people in the car than you have seatbelts for.
• Obey the speed limits.  Going too fast gives you less time to stop or react. Excess speed is one of the main causes of teenage accidents.
• Don't run red lights.
• Use turn signals to indicate your intention to turn or to change lanes, and make sure the signals turns off after you've completed the action.
• When light turns green, make sure intersection clears before you go.
• Make sure your windshield is clean. At sunrise and sunset, light reflecting off your dirty windshield can momentarily blind you from seeing what's going on.
• Don't drink and drive, and don't ride with anyone who has been drinking. Call parents or friends to take you home if you need a ride.
• Don't take drugs and drive. Don't ride with anyone who has been using drugs. Even some over the counter drugs can make you drowsy. Check label for warnings.

Teen drivers can be safe on the road with the right kind of driver education. Believe it or not, teen drivers are influenced by what they see their parents doing. 

Make sure you set a good example for your teens. We hope everyone drives safe and they drive smart!

My car was totaled and I still owe more money on it. Do I have any options?

This is a tough matter.  The law in Arizona is not clear here.

Under the current state of Arizona law, the at-fault driver is required to pay the “fair market value” when your car is totaled in an accident.

But, what if you owe more? 

Do you end up in the hole because of an accident you did not cause?

The defense will argue that your financial position has not hanged—you were in a hole before the crash, and you are in the same hole now.

Your lawyer will argue that may be true, but at least you had your car to drive---now you have nothing, and you cannot go get one because you still owe on the last one.

Imagine this:  You buy a new car and on your way home, another driver hits you and totals the car.

It is well know that the value you paid for the new car when you bought it was not the same 1 hour later when you left the lot. 

Technically, it is no longer “new”, so the value has decreased.

Could you really end up in the hole here? ??

One hour ago it was worth X.  I drove it 5 miles before I was hit>  Can it really be worth less then X within 5 minutes?

This case seems a bit clearer that being otherwise upside down on a car you have owned for awhile, but really, the circumstance is the same.  If the other driver is at fault, the other driver should pay

Arizona law is just not real clear here yet.

Tips on how to drive safe at night:

DID YOU KNOW: One third of all car accidents occur at night and more than half of reported fatalities are due to driving at night?

With so many variables involved with night driving, this really shouldn't come as a surprise.

If you do alot of your driving at night, we've compiled a list of

safety tips to help keep you and your loved ones safe on the road.

- Always keep your headlights clean and in working condition.

- Make sure your tail-lights are working as well. Many accidents are caused due to non-working tail lights and those vehicles end up getting rear-ended.

- You should always have your headlights set to turn on as soon as the sun starts to set. You don't want to take a chance.

-Try not to use your high-beam lights unless it is your only option. High-beam lights can cause blindness for drivers traveling in the other direction.

- Always make sure you can see clearly through your windshield. If it's dirty, clean it. If it's cracked. Get it replaced.

- Always drive alert. With driving being the norm in a commuting city such as phoenix, we can easily get too relaxed behind the wheel. Don't.

- Watch for drunk drivers. Unfortunately, the majority of drunk driving accidents occur in the early morning hours of the day. If you are on the road. Stay alert.

- Watch for motorcycles.  The single headlight can be confusing, leading one to think the vehicle is farther away than it really is.

- Keep your eyes on the road.  I cannot even count the amount of times I come up on a person crossing the road at a non-crosswalk, in dark clothing.

- Watch your speed.  The darkness makes things less visible, and the faster we go the harder it is to react.

- Above any other time of the day, STAY off your devices. No texting and driving, PERIOD.
 
We cannot prevent all accidents, but attention and vigilance can sure prevent many. 

Remember, no matter who is at fault, the best accident is the one that never occurs. Right or wrong, no one wins.  

 

The insurance company wants a recorded statement about my car accident. Should I give one?

Three answers for this one:  No.  No!  NO!!!!!

Often, the at-fault driver’s insurance company will tell you that they need a recorded statement to “understand” you side of the story.

They will tell you that they “cannot even open the claim” until they have it (leading you to believe that you have no option but to give it).

In reality, they simply want to record your version, lock you in your version (hence the recording) and then do everything in their power to use it against you later one.

They are in the business.  You are not.  They have done this for a LONG time.  This may be your first claim ever.

Their goal, if possible, is to pay you NOTHING.  If they cannot pay you nothing, then AS LITTLE AS POSSIBLE.

Question:  Do you really trust them?

Giving a recorded statement to the at-fault driver’s insurance company can rarely help your case.  On the other hand, it can be a death blow to your claim.

Say the wrong thing, or say the right thing but the wrong way and it gets recorded?  Say goodbye to your claim. 

So what do you do when the other insurance company insist on a recorded statement?  Have you yet consulted with an experienced injury lawyer?

If not, why not?  Consultations are generally free, so why not take a free opportunity to get yourself a little more educated?

You should never give a recorded statement until you have consulted with an experienced injury lawyer.  Otherwise, you may be playing with fire.

4 Tips On How To Avoid Dangerous Halloween Costumes

Halloween is just around the corner. That means parents are out in droves looking for the latest costume for their children to wear.

Getting dressed up is the best part about Halloween (other than the candy of course) but parents should always keep an eye out on what "safe" costumes are going to be best choice for their children.

We've put together a list on what we feel are things to avoid when shopping for a costume.

Capes:

“Capes” are a staple for superheroes, but honestly, should be avoided by children.

Not only can they be trip hazards but they also can cause strangulation or get caught on any number of things that can cause injury.

The best thing to do is avoid them.

Flame Resistant Materials:

Many costumes have long sleeves and tend to be baggier than normal clothing.

Avoiding any open flame would be wise, and for even more safety, make sure the various materials on a costume are “flame resistant”.

The label should specifically state this.  If not, keep looking. 

Masks That Obstruct Sight:

Masks are always a popular choice when it comes to costumes. Make sure the eye holes in the mask have more than enough room for your children to see.

Also, make sure the nostril holes are also big enough for your children to breathe comfortably.

Proper Footwear:

With children running around the neighborhood searching for the next house with candy, they tend to forget they are wearing a costume.

That being said, make sure your children are wearing the right footwear to be walking around in.

Sneakers are the safest bet as they offer the best protection from rolled ankles and other hazards.  

No one will think less of the costume if the shoes “don’t match”.  Safety is the best. 

These are just a few tips that will make everyone's Halloween enjoyable. 

Happy costume shopping!

Device could help law enforcement detect texting drivers

How will law enforcement officials detect when a driver is illegally texting while operating a vehicle?  A new radar device may be the answer.

A company in Virginia is working on the device. It detects a radio signal sent out from a vehicle when someone inside is using a mobile phone.

It is able to differentiate between a call and a text message.

In a statement to The Virginian-Pilot, ComSonics developed a device for cable repairmen to find the spot where a cable is damaged, and the text detector would use similar technology. 

It is not in production and has not had legislative approval, according to ComSonics.

Right now, there is no law in Arizona against texting and driving.  Rather, officers can cite people for “reckless driving” only after an accident occurs. 

(FYI:  I have been a personal injury/wrongful death lawyer in Arizona for 22 years, and I have yet to see this happen).

Might this change the landscape in Arizona, if officers had technology to determine this in a first instance, and before an accident?

Stay tuned……

 

How do I know if a case is big enough for an Attorney to handle?

 I don’t know if my case is worth enough for an Attorney?

From any personal injury settlement or recovery, the injured party would have to pay their attorney fees, their attorney’s costs, and their outstanding/owed medical bills or expenses.

So with some easy math, one can probably estimate if their claim warrants an attorney’s involvement.

However, every claim is different and there is no hardened fast rule.

Some attorneys look at the severity of the impact, as some attorney have a general threshold of property damage as a determinant of whether they will take an injury claim.

Others require a minimal amount of treatment and/or medical bills. Others may evaluate the prospective client’s credibility and/or ability to handle their claim on their own.

I have been consulted by many prospective clients whose cases I did not take, but whom I was able to give useful advise or direction to help them settle their claim on their own.

I’ve gone so far as to help ghost write letters for clients whose cases I did not take.

So when in doubt, consult an attorney, sooner rather than later.

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