We all know that texting while driving can be dangerous and deadly, but have you ever thought that simply walking across the street could lead to the same consequences?
A new report has found that pedestrian accidents are on the rise due to walkers being distracted by their cellphones. In fact, the number of injuries have gone up 35% since 2010.
Some say that mobile devices are to blame for nearly 10% of the 78,000 pedestrian accidents in the U.S. in 2012.
Many people are guilty of having their phone in hand, head down, and eyes glued to the screen when crossing busy streets.
Some cities across the country have even went so far as to consider a ban on texting while walking and have started citing violators.
Comment: Now there is talk of a ban on "texting and walking"?? And to date, Arizona cannot even enact a statute banning texting while driving??
With the Holidays upon us I would like to share a personal experience with my friends about drinking and driving. As you may know some of us have been known to have brushes with the authorities from time to time on the way home after a "social session" out with friends.
Well, two days ago, a friend was out for an evening and had several cocktails--perhaps a few too many.
Feeling pretty good, and ready to get home, as he pulled his keys from his pocket, he said he thought of a recent Zachar Law Blog he had read on drinking and driving.
As he was not so far gone to sense that he was over the legal limit, he did something he had not done before: He took a cab home.
Sure enough on the way home there was a police road block, but since it was a cab they waved it past. He arrived home safely without incident.
When he woke the next morning, safely in his own bed, he called me and thanked me.
Everyone please, make good choices this holiday season. Have a safe and Happy New Year!!
Happy New Year from us here at Zachar Law Firm! Every year we celebrate ringing in the new year with family and friends and with so many different things that you can do, safety easily becomes one of the few things we think of.
Below are a few tips to help keep you and your loved ones safe this New Year's Eve.
Hosting a New Year's Eve Party?:
- Designate a driver to be in charge. If someone at your party is intoxiated, the designated driver will help here.
- Contact a local cab company or set up an easy way for your guests to get in touch with Uber.
- For those who aren't wanting to drink, make sure you serve non-alcholic beverages. Having options will help guests stay sober and have the ability to drive others home.
- Set a time to stop serving alcohol at your party. Just like a bar, you need to have a "last call" but make sure it's several hours before your guests plan on leaving.
- If need be, make sure your guests have a place to stay overnight in your home. Don't take the chance.
Attending a New Year's Eve Party?:
- Don't drink and drive. Pretty straight forward.
- Plan ahead: Make sure you designate someone to be your driver that night. If not, there's always Uber or a Taxi.
The tragedies and costs from drinking and driving impaired don't just end with the injury, death, disfigurement and/or disability caused by impaired drivers.
Driving impaired or riding with someone who is impaired isn't worth the risk.
The consequences are serious and real. Not only do you risk killing yourself or someone else, but the trauma and financial costs of a crash or an arrest for driving while impaired can be significant.
Who is responsible for injuries that occur to victims of debris that is on the freeway?
In Arizona, this is a fairly easy question.
If you can identify the driver that dropped the debris, then he/she is liable. 28-1098A renders a driver liable for failing to secure items in or on the vehicle.
Assume the at-fault driver cannot be found and identified?
Then, so long as you can prove the debris came from a vehicle, the victim can make a claim under the Uninsured motorist (UM) coverage of their own auto policy.
These kinds of accidents happen more often than you think. Know your rights and protect yourself.
Note: Insurance companies HATE these cases and will often fight them. It will be YOUR burden to prove what happened.
Take pictures at the scene (if safe and/or possible). These kinds of cases can be extremely complex, and the more evidence you have, the better your claim chances will be.
Lastly, make sure you have the right law firm representing you. The right law firm can truly make all the difference in your personal injury case.
Questions? Call Zachar Law Firm. We are happy to assist personal injury victims in these cases.
You proceed to do what you have grown accustomed to: Facebook, Instagram, and Twitter. Posts, pictures and messages.
Is this a good idea?
Generally, clients should not be surprised to learn that if they publicly post about an accident, everything they do and say becomes discoverable to the other side.
Think the insurance companies and their defense attorneys are not watching? Think again. In fact, searching social media sites has become routine for every single personal injury claim that is filed.
Example: A person with a back injury posting photos of him or herself dancing, lifting, carrying or doing anything else inconsistent with that injury.
If someone’s claiming a back injury and their Facebook profile photo is a recent picture where they are lifting weights, or smiling happily on a trip somewhere, or drinking and having a good time with friends, no one should be surprised to learn that this can and will have a negative effect on the case.
Indeed, Facebook posts, pictures and messages may become evidence regardless of one’s privacy settings.
In Patterson v Turner Const. Co., 88 AD3d 617 (1st Dept 2011), the New York Appellate Division compared Facebook to a diary stating that “[t]he postings on plaintiff’s online Facebook account, if relevant, are not shielded from discovery merely because plaintiff used the service’s privacy settings to restrict access, just as relevant matter from a personal diary is discoverable”.
While generally the private nature of the posts means that a judge will comb through the posts in what is known as an “in camera Inspection” and only turn over to the opposing party what is relevant to the case, what may be relevant can includes a VERY BROAD classification.
When a plaintiff is claiming psychological injuries like depression and anxiety as a result of the accident, recent pictures where they are smiling and laughing with friends may be relevant to the case.
Also, be aware that it’s not just what is on your page now, but also, things of the past that you have deleted can come back to haunt you.
In Romano v Steelcase Inc., 30 Misc 3d 426, 434 (Sup. Ct. 2010), the court ordered that the plaintiff turn over authorizations to the defendant that would allow them to contact Facebook and MySpace for the purpose of getting access to the plaintiff’s deleted online material.
Even though defendants do not have automatic access to your profile, we recommend that if you are contemplating making an injury claim, you should cease posting online and consider taking down any online profiles until you speak with an attorney.
If you decide to go forward with a potential claim, Zachar Law Firm can help guide you to ensure that you maintain your privacy and receive a maximum recovery.
Personal injury cases can be very complex, which is why it is crucial to find the right law firm to represent you and protect your rights.
You’ll hear law firms on the radio, on TV, buses, bus stops and billboards. All of them telling you why they are the best firm, but is that really the case?
Are these advertising law firms really the best to help you with your case? Don’t they have to rely on large numbers of cases to support their advertising budget?
Will my case get lost?
Here are a few warning signs that a particular law firm may not be right for you:
- You only get to talk to an assistant. You can’t talk to your lawyer;
- The law firm practices more than one area of law;
- The law firm doesn’t have a Certified Specialist in the area of law that you need (ask your attorney if he/she is a Certified Specialist);
- The assistant pushes for a commitment. Don’t let pressure get to you if you don’t feel comfortable with the firm;
- The assistant fails to set expectations, and fails to give you information to understand the process;
- The firm has an online history of ignoring clients after they become clients.
- The firm you hired a) fails to respond to your communications or b) listen to your concerns;
- Your case is repeatedly handed off to someone else to do the work.
These are just a few things you should be looking out for when you are looking for the right attorney for you.
A great way you can look for an Attorney or law firm: Search for them online. See what kind of reviews they have. Check with your local State Bar Association as well.
These are crucial pieces to help you obtain the best possible law firm for your injury. Ask questions, get educated. Make the right decision.
Three serious traffic collisions in the northern part of the Valley Sunday evening killed two people and seriously injured another, according to a Phoenix Police Department release.
A motorcycle driving westbound on Union Hills Drive was struck by a car going eastbound that turned left near 32nd Street in Phoenix, killing the motorcyclist.
Another motorcyclist was driving westbound on Union Hills Drive and making a left turn near 35th Avenue when they were hit by a truck driving westbound.
The motorcyclist was taken to a nearby hospital with serious injuries.
In Glendale, two elderly people were driving eastbound in a car on Bell Road, made a left turn and were struck by a car going westbound on Bell Road.
The elderly woman was pronounced dead at a nearby hospital.
TWO COMMON DENOMINATORS HERE:
MOTORCYCLES
Left Turning Vehicles
The best advise I ever received regarding riding a motorcycle: Ride like you’re invisible (because to many drivers, you are).
For some reason, people often do not notice motorcycles, and we know, car v. motorcycle, the car always wins (meaning the motorcycle rider is always the one hurt much worse).
NO. 2: Left Turns. The law in AZ:
A vehicle turning left at an intersection has a duty to yield to vehicles approaching that pose a hazard to the path of travel.
Notice, this law does not mention the color of the light? It is not contained in the statute. Period. If you are turning left, make absolute sure that the turn can be made with safety, regardless of the color of the light.
Best wishes to the victims of these accident, especially at the start of this 2014 holiday season.
