Zachar Law Blog

BURN INJURIES AT A VALLEY AMUSEMENT PARK: IT’S TIME TO CORRECT THE PROBLEM

It's the valley's biggest amusement park -- a place where thousands of children have had fun for decades, but the Castles N' Coasters park near Interstate 17 and Dunlap was the scene of a serious incident.

This was a very scary situation for two boys and their parents on Friday night. Something went wrong on the bumper boat the children were in, causing it to catch fire.  Both children made it out, but not without serious burns to their legs and feet.  Now the family says they want more safety inspections on those boats to keep this from happening again.

"I could see the boat was like a big bonfire.. flames about eight feet tall," said the boys' father.

The bumper boat the boys were occupying stalled out.  A worker tried restarting it and on the third pull, the tank exploded into a ball of fire.

The gas tank explosion left both boys with second-degree burns to their legs.

12-year-old Lucas was able to jump into the water, but 4-year-old Jayden had to be pulled from the bumper boat by a park worker.

Both boys were transported to the Maricopa County Burn Center unit to be treated for their injuries, but they're facing a long, painful recovery.

The boys' family is hoping something is done to make sure this doesn't happen to anyone else.

A local news station, FOX 10 asked Castles N' Coasters for a comment on Monday, but they did not get back to the news station. 

Legal Claim? Clearly, something went wrong here.  The family is right to investigate and pursue this.  It could have been much worse, and with attention being drawn to whatever the problem is, it should never happen to anyone else.

Unfortunately, the law does not have the ability to turn back the hands of time.  It does however have the ability to 1) financially remedy the harm done and 2) bring attention to a matter so that steps can be taken to ensure it never happens again.

Prayer and well wishes for the family, and kudos to the parents for wanting to make sure this problem gets corrected now.  

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16 Safety Tips For Your Spring Break Road Trip

Study Finds a Smartwatch Is More Distracting Than a Cellphone While Driving. Will They Be Banned Next?

Traffic deaths increase in spring break hot spots

It's that time of year, when college students flock to warm, sunny spots to celebrate Spring Break, but a new study shows the roads become a lot less safe at the Spring Break spots once they arrive.

The overall death toll from car crashes in these popular destinations is 9 percent higher during Spring Break than at other times of the year.

That translates into a total of 16 more traffic deaths per year in the 14 areas studied. Those areas include destinations in Arizona, California, Florida, Nevada, South Carolina, Texas and Virginia.

There was no significant increase in traffic deaths during Spring Break in areas of the states that aren't Spring Break destinations.

Between the last week of February and the first week of April, studies show that a significantly greater number of traffic fatalities occurred in Spring Break hot spots compared to other locations in the same states and at other times of the year.

The primary implication is that roadways are dangerous during the Spring Break period, not only for spring breakers, but also for the residents and other visitors of popular Spring Break destinations.

Out-of-state drivers are involved in many more traffic deaths during Spring Break than in-state drivers, and drivers younger than 25 are much more likely to be involved in traffic deaths during Spring Break than older drivers.

There is no statistically significant differences between Spring Break traffic deaths involving drivers impaired by alcohol and those involving sober drivers.

Spring Break will make some of the best memories of your lives.  Please, be careful out there.

Even More Alarming Stats Regarding Distracted Driving & Teens

The most comprehensive research ever conducted into crash videos of teen drivers has found significant evidence that distracted driving is likely much more serious a problem than previously known, according to the AAA Foundation for Traffic Safety.

The unprecedented video analysis finds that distraction was a factor in nearly 6 out of 10 moderate-to-severe teen crashes, which is four times as many as official estimates based on police reports.

Researchers analyzed the six seconds leading up to a crash in nearly 1,700 videos of teen drivers taken from in-vehicle event recorders.

The results showed that distraction was a factor in 58 percent of all crashes studied, including 89 percent of road-departure crashes and 76 percent of rear-end crashes.

It was previously estimated that distraction is a factor in only 14 percent of all teen driver crashes.

“Access to crash videos has allowed us to better understand the moments leading up to a vehicle impact in a way that was previously impossible,” said the AAA Foundation for Traffic Safety.

“The in-depth analysis provides indisputable evidence that teen drivers are distracted in a much greater percentage of crashes than we previously realized.”

The most common forms of distraction leading up to a crash by a teen driver include:

• Interacting with one or more passengers: 15 percent of crashes
• Cell phone use: 12 percent of crashes
• Looking at something in the vehicle: 10 percent of crashes
• Looking at something outside the vehicle: 9 percent of crashes
• Singing/moving to music: 8 percent of crashes
• Grooming: 6 percent of crashes
• Reaching for an object: 6 percent of crashes

It is troubling that passengers and cell phones were the most common forms of distraction given that these factors can increase crash risks for teen drivers.

The situation is made worse by the fact that young drivers have spent less time behind the wheel and cannot draw upon their previous experience to manage unsafe conditions.

Suggestions:  Parent, talk to your teens.  Set strict rules for them behind the wheel, regarding cell phone use. 

You might save a life.

Prom & Graduation Celebrations Are Coming: Tips to stay safe!

For seniors in high school, mid-April typically starts the prom, graduation and summer party mode. 

Seniors look forward to this time of celebration as they prepare to depart school and look forward to new adventures.  Unfortunately, these happy occasions sometimes involve underage drinking, and result in tragedies.

Did you know:  Alcohol-fueled motor vehicle crashes remain the leading cause of death among 18 – 24 year olds.

Below are tips to keep your teens safe this Prom and Graduation season. Don’t take a chance. Make sure they are aware of what they should and shouldn't be doing.

You may say:  Of course they know better.  You are right.  But as parents, we have a responsibility to remind them.   

CONSTANTLY, and more importantly, REPEATEDLY in the weeks to come.

• Talk about drinking before Prom and Graduation.  Send clear messages that you do not want your teen to drink alcohol.
• Find out who is driving.  Make sure that everyone understands that under no circumstances should anyone get into a vehicle when the driver has been drinking alcohol – Not even a drop!  Traffic crashes are the leading cause of death for teens.  
• Limit the number of passengers to minimize distractions for the driver.  Keep a list of the names and phone numbers of each teen rider, along with names and addresses of all the parents.
• Require them to ALWAYS wear their seatbelts.  It’s the law.  (70% of teens killed on prom weekends were not wearing seatbelts (NHTSA).
• Work with other parents to plan alcohol-free parties before and after Prom and Graduation.
• Prepare your teen for peer pressure.  Brainstorm with your teen specifically about how he/she would handle a difficult situation such as being offered a ride by an intoxicated driver or being offered alcohol. 
• Your teen may “roll their eyes” or say “Oh, Mom / Dad, I know, I know”.  Be persistent.  Remember, you can handle your teen’s dismissal of your concerns a lot better than the devastating consequences of an accident.
• Don’t allow your teen to go to parties in hotel rooms or homes/cabins that do not have chaperones.   You should speak directly with any parents supervising after-parties your teen will attend, since some parents may allow underage drinking, and may not have the same set of morals and values that you do.

When it comes right down to it, YOU are the adult and the parent, and as your kids get older, you have to assert your authority even more.  Easy?  No, but no one ever promised it would be.

We love our children and it is our responsibility to protect them, in spite of themselves.

Teens get to thinking they are bulletproof.  We need to CONSTANTLY remind them that they are not.

Perhaps there is no more time that this is more important than PROM and GRADUATION season.

How Tort Reform Hurts Health Care for Everyone

Tort Reform is something that we've covered plenty of times. We know that it doesn't really do anything as far as lowering health care costs.

We know that it doesn't improve overall healthcare, and it doesn't help in regard to bringing more physicians to a state. 

Tort Reform only helps large companies and insurance companies avoid financial responsibility for their actions.

An article in the Huffington Post posits that not only does tort reform not positively impact health care and its costs, but it actually leads to poorer care for all patients.  The article summarizes studies performed by the Northwestern University, Institute for Policy Research, Northwestern University – Kellogg School of Management, and the Northwestern University School of Law.  In summary, the studies found:

1. “Consistent evidence that patient safety generally falls” after damage caps are enacted. 
2. “Caps on damages” actually increase health care costs. 
3. When a state passes caps, the only kinds of doctors the stated seems to attract are plastic surgeons. 

The term “Tort Reform” really only means the taking away of the rights of injured people following an incident or accident.  

Tort reform places a limit (called a “cap”) across the board for damages that can be awarded in any case, no matter how serious the injuries might be. 

Neck sprain, loss of a limb or loss of life---it does not matter. 

Tort reform protects the wrongdoer from full financial responsibility. 

Arizona voters have always rejected tort reforms laws in Arizona. 

Simply, they understand that it is not right for the people in Arizona.

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16 Safety Tips For Your Spring Break Road Trip

Study Finds a Smartwatch Is More Distracting Than a Cellphone While Driving. Will They Be Banned Next?

Study Finds a Smartwatch Is More Distracting Than a Cellphone While Driving. Will They Be Banned Next?

It looks like the growing popularity of smartwatches might harm us more than help us, according to a recent study.

The study shows that smartwatches are more distracting than smartphones while behind the wheel of a vehicle. The research found it takes 2.52 seconds for someone to react in the event of an emergency after looking at their smartwatch, compared to 1.85 seconds if they were using a handheld cellphone.

With so many new smartwatches hitting the market in the near future, this is a cause for concern. Drivers should never be distracted behind the wheel. The biggest issue to this point is cellphone use; now, add a watch to the mix. It doesn’t have makings for a good ending.

In the U.S. only 14 states have banned the use of cellphones altogether, while only 14 have banned texting while driving. No mentions yet of smartwatches in any state laws.

Will there/should this be included?  Remember, Arizona is waaaaaay behind as it is. There is no current law in Arizona that bans the use of a cellphone/texting while driving (which is absurd). So what’s next? How do stop from allowing technology to put us at the risk of serious accidents every time we get behind the wheel?

It all depends on the driver. Drivers need to be smart. They need to know when and when NOT to use their devices.

According to the U.S. Department of Transportation, more than 3,000 people were killed in the U.S. last year in accidents caused by distracted driving.

We don’t want need an increase in these numbers.

Primarily, we need to put a stop to dumb driving.

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Are Driver-less Cars The Answer? Really?

A new study conducted by Mckinsey & Co claims that nearly 90% of auto accidents could be eliminated with driver-less cars.

That translates into a savings of nearly $190 billion each year in accident and health issue costs.

With this kind of trend becoming more and more of a reality, auto manufacturers are focusing on technical errors of the vehicles as opposed to driver error which could also sway insurance companies to shift their focus as well.

Though driver less cars seem out of reach, both Google and Audi have already started testing driver less cars with great success. That means in the next decade we could see the roads filled with driver less cars.

Current technology in vehicles is on the rise as well. From cameras to blind spot monitoring and even having automatic brakes, the innovations keep growing.

Only time will tell if driver less cars are the next frontier in driver safety.

With these statistics hold up when these vehicles start to hit the road, or are auto insurance companies in for a rude awakening?

What do you think?

Are you comfortable with this technology and, are you ready to give up the keys and trust your life to a computer?

16 Safety Tips For Your Spring Break Road Trip

We are officially in March, which means Spring Break and road trips for many college and high school students. 

That means it’s time to look over some simple tips to keep you and your loved ones safe this Spring Break.

If you’re taking a road trip, follow these tips:

•Check tires for tread wear and proper pressure;

•Check your battery;

•Make sure belts and hoses are in good shape;

•Replace your windshield wiper blades;

•Check all brake and head lights;

•Make sure your air conditioning is ready for the heat.

Don’t forget to have the basics as well:  A flashlight, jumper cables and a first aid kit.  It’s better to be safe than sorry.

Getting behind the wheel of a vehicle for long hours at a time can be daunting, here are some tips to keep you safe and alert when behind the wheel:

•Plenty of water and snacks to keep everyone awake, hydrated and happy;

•Beverages with caffeine to combat driver fatigue;

•NO CELL PHONES while you are driving. The driver should never, ever be distracted;

•Sunglasses, sunscreen and an umbrella;

•Car chargers for cell phones, tablets and other electronics to keep restless passengers entertained;

Buckle up. Everyone.  The most important part of the trip is getting there and back safely. 

NEVER, EVER, NO IFS ANDS OR BUTS SHOULD THERE BE ALCOHOL CONSUMPTION IN THE CAR!!!!!

Have a safe and fun Spring Break!

It’s Happened Again: Child critical after being pulled from Mesa pool.

A 2-year-old child was in critical condition Friday afternoon after being pulled from a pool near 40th Street and Brown Road in Mesa, according to Mesa fire officials.

Mesa police officers say the boy made his way into the backyard where there is a pool with a cover and no fence. The child was with a group of older children when they lost track of him and he slipped out of the mother's sight for 10 to 15 minutes.

Mesa police and fire officials said they performed CPR on the child, and he regained consciousness before being taken to Cardon Children's Medical Center in Mesa.

OK.  Let’s review:

1. Warm temperatures;
2. A pool;
3. A 2-year old;
4. A pool with no fence;
5. A 2-year old with no supervision for 10-15 minutes.

Anyone think that 1+2+3+4+5 does not equal “recipe for disaster”???

Arizona weather is starting to warm up. Make sure you are watching your children around water. At ALL times. Please.

168 Commercial Vehicles Placed Out of Service Last Week During Operation Southern Shield in AZ

The Arizona Department of Public safety conducted “Operation Southern Shield 2015” on February 24-26 on Interstate 10 and Interstate 19.

The three-day operation aimed to reduce commercial vehicle collisions along I-10 from Tucson to the New Mexico State Line and I-19 from Tucson to the Mexican International Border.

Commercial Vehicle officers conducted truck inspections and inspected driver logs for proper documentation and possible over hours violations which lead to driver fatigue.

Anyone drive on Interstate 10 lately?  It is scary.  A lot of traffic, and A LOT of truck traffic. 

The biggest vehicle on the road and they seem to think they own the road.  Extra care and caution is needed around the big trucks. 

Operation Southern Shield 2015 resulted in 1171 commercial vehicles inspected.  

DPS Commercial Vehicle officers found a total of 2,068 vehicle violations and placed 168 commercial vehicles out of service. 

Inspections of commercial vehicle drivers found 965 violations. As a result, a total of 132 drivers were placed out of service.

Getting that math?  Almost 2 violations per vehicle on average, and 14% of the trucks on Interstate 10 were pulled from the road for safety violations!!! 

Additionally, as part of Operation Southern Shield 2015, DPS Commercial Vehicle officers conducted several driver-safety courses.

Officers conducted Driver Awareness Regulation Training (DART) at the Love’s Truck Stop in Benson and at the TTT Truck stop in Tucson.

A total of 143 drivers participated in the training.  At Marana High School in Marana and Sahuaro High School in Tucson, officers presented “Share the Road” safety training. A total of 215 driver’s education students received this training.

Commercial Vehicle officers also teamed up with the Wal-Mart “Committed to Safety” team. They presented a safety awareness program and display at the Wal-Mart in Marana.

During the event 350 customers received information and brochures with safe driving tips.

In talking about the success of Operation Southern Shield 2015 Capt. Walter Mercer, the commander of Commercial Vehicle Enforcement Southern District, said, “The operation was a huge success.

I want to emphasize that the operation was not solely about law and regulation enforcement but also to educate the commercial vehicle driver so that he/she can contribute to a safe driving environment on our interstates."

Zachar Law Firm represented many families harmed or destroyed by the negligence of interstate truck drivers. 

Zachar Law Firm applauds the Arizona Department of Public Safety in these efforts to improve safety on Interstate 10.