Zachar Law Blog

Tempe OKs toughest texting and driving law in Arizona

Tempe drivers might soon want to put down their cellphones. Second, it’s about damn time at least one governmental entity in Arizona got something right.

The Tempe City Council voted 4-3 to adopt one of the strictest distracted-driving ordinances in the state. “It saves lives. It’s that simple,” said Councilman Kolby Granville on why he pushed for the ordinance.

“Statistically, when you pass a law like we’ve modeled it after, accidents go down significantly.” Under the ordinance, drivers can still talk or text behind the wheel.

However, they could be fined if police catch them swerving within their lane or displaying other types of erratic driving with a phone in their hand. Fines for a first offense would be $100.

A second violation would jump to $250.

Any fine thereafter within a two-year period would cost $500. Opposing council members feared the ordinance could ensnare motorists who visit Tempe unaware of the new rules since the Tempe ordinance was unlike any other in the Valley.

(Really??? Let’s not pass a law so the dangerous drivers who visit our city don’t think bad about us after we give them a ticket for driving dangerously.

Was this a serious argument???????) Granville said laws have always varied from city to city and Tempe’s recent history proves this council isn’t afraid to go it alone.

Earlier this year, the Tempe council passed a ban on smoking while driving with kids in the car, which was also the first of its kind in the Valley.

Mayor Mark Mitchell, who along with Councilman Corey Woods voted against the ordinance, preferred working through the state Legislature to enact a statewide law.

(Yeah, like THAT is going to happen. OK—OK---here is my opinion: Let’s wait for SOMEONE ELSE to do it first!!)(Note: From the Mayor of a city) Councilman David Schapira, a former state legislator: “Tempe shouldn’t wait on the state to act when lives can be saved now.”

Schapira said it’s up to cities to pick up the slack and pass laws the Legislature is unwilling to. Hooray for Councilman Schapira!!

Nationwide, 46 states ban texting for drivers, while 14 states and Washington, D.C., prohibit drivers from talking on a cellphone.

Tempe’s not the first city in Arizona to pass a law addressing driving and cellphone use.

Phoenix, Tucson and Flagstaff have texting-specific laws on the books—they just don’t do much to enforce them.

But those laws are difficult to enforce since drivers can claim they were using their phones for other things instead of texting.

Tempe's law makes it easier to fine a driver for distracted driving while using a cellphone.

Tempe’s law will take effect in 30 days.

Distracted driving in America

* 69 percent of drivers admit to talking on a cellphone while driving within the last 30 days.

* 31 percent of drivers admit to texting while driving within the last 30 days.

* 26 percent of driving fatalities are because of distracted driving, the third leading cause behind alcohol (30.8 percent) and speeding (30 percent).

* Studies have shown texting while driving is six times more dangerous than driving drunk

How do you determine "fault" in an accident like this?

Five inmates and the driver of a police transport van were rushed to hospitals following a collision with a dump truck Wednesday afternoon in Mesa.

The van, which contained two Mesa police detention officers and 15 inmates, was headed to the Fourth Avenue Jail in downtown Phoenix when it was broadsided by a dump truck on westbound U.S. 60 near Dobson Road, according to the Arizona Department of Public Safety.

Both detention officers suffered leg injuries, but the driver's were the most serious.

Mesa fire officials took five inmates to hospitals as a precaution, and paramedics treated others at the scene for mild-to-moderate injuries.

The dump-truck driver told investigators he hit the van while trying to avoid colliding with a small white sedan that had darted in front of his truck.

He had no other details to provide about the sedan, but investigators are looking into it.

The westbound lanes of U.S. 60 were closed from Loop 101 to Dobson Road, and the Arizona Department of Transportation warned motorists that the closure could continue into the evening rush hour.

Drivers were advised to exit at the Alma School Road exit or sooner.

HOW TO SORT THIS ONE OUT? ACTUALLY, IT IS PRETTY EASY.

There are three possible drivers at fault for this accident:

1. The dump truck driver;

2. The driver of the police transport van;

3. The unknown car driver who allegedly cut in front of the dump truck (if not found, called a "phantom vehicle").

Arizona is a comparative fault state, which means that each driver is responsible only for his or her own percentage of fault. (I.E. If 100% at fault, then responsible for 100% of damage caused.

If 10% at fault, then responsible for 10% of damage caused.). In this accident, the occupants of the police van will blame the dump truck.

They will have burden to prove the dump truck driver was a fault.

The dump truck driver will blame the phantom vehicle, and will have the burden of proving one really existed and caused the accident.

If the sides cannot ultimately settle the dispute, it may require a judge or jury to hear the facts and arguments from all sides, and decide which version is more likely the right one.

Monetary damages will then be awarded to the injured, to be paid by the driver found to be at fault.

If a phantom driver is found to have existed and be at fault, claims can be made to each of the vehicles own insurance companies under the Uninsured Motorist coverage. Any questions?

If You Like Your Constitutional Rights, It's Time to Fight for Them

People don't think a lot about their constitutional rights, until they think their rights are being violated.

Most of us know about the First and Second Amendment, but really, the Fifth, Sixth and Seventh Amendments are the ones that provide a great amount of our legal rights.

Our Seventh Amendment specifically says that the right to trial by jury "shall be preserved." Indeed, did you know that a right to “trial by jury” is mentioned twice in our Constitution?

It was a right that was considered crucial by our founding fathers for a lawful and just society, and truly, it is one of the most basic freedoms we have, allowing us to live in a lawful and free nation.

Today, more than 228 years after the U.S. Constitution was signed, there are corporations bent on eliminating your Constitutional rights.

They're doing it every day by including specific language in the contracts you sign, on items you purchase, apps you download and the terms of service you click through while online.

The language says that if the company harms you or rips you off, you'll agree to give up your right to a jury trial and/or waive your rights entirely to redress for any harm caused.

In addition, may states are now passing tort reform laws, the lobbyists and legislators being funded and bribed by big corporations and insurance companies to pass laws that limit your rights to obtain money damages for injuries or harm caused by their policies or negligent acts.

In many states now it's a rigged system. It's forced on you, and it is unfair.

Not only that, it's un-American. Constitution Day is a day for celebrating the genius of the document that is the foundation of our extraordinary democracy.

It is also a great day to reflect upon and marvel at its enduring nature. And, it is a time to rededicate ourselves to preserving, protecting and defending the Constitution.

The Constitution derives its power from the people and gives the power back to us.

As long as the people of this country remain vigilant to protect the Constitution, the Constitution will protect our rights----even against those who want to trick us into giving them up.

Any questions?

3 common car seat mistakes and why they happen

If you think you're using your child’s safety seat correctly, maybe it’s time to be sure.

The majority of car seats – 75 percent – are installed or used incorrectly, according to safety experts.

This has been a deadly summer for Arizona child passengers. From May through August, more than 10 children were killed or seriously injured on Valley roadways.

In most of these tragedies, the child was improperly restrained or not restrained at all. This is in stark contrast to last year, when 16 children were killed in Arizona car crashes the entire year.

In honor of Child Passenger Safety Week (Sept. 13-19), you should be aware of the three most common car seat mistakes – and why parents make them:

Turning too soon: The American Academy of Pediatrics recommends that kids remain rear-facing to a minimum of 2 years old, regardless of height or weight, and should continue to rear-face until they outgrow the seat.

Rear-facing provides more support to the child’s neck during impact and is more than 500 percent safer than forward-facing seats for children under

WHY IS THIS SAFER? Parents often turn their child forward-facing to coincide with their first birthday.

Gadgetry: If it didn’t come with the seat (or wasn’t purchased from the manufacturer to use with the seat), it wasn’t crash-tested with the seat. It therefore cannot be guaranteed to be safe and should not be used. This includes strap covers, mirrors and toys.

WHY IS THIS SAFER? Parents buy gadgets to entertain their child, but it’s not worth the risk.

Not replacing seats after a crash or using one without knowing its history: Check your manual to see if the seat should be replaced even after a minor fender-bender, and even if no child was in the seat at the time.

Also, never buy a used car seat and never accept a free used one unless you are sure that it has never been in a crash.

Even if it looks OK, it may be damaged in ways that aren’t visible. It is safer to buy a cheap, new seat than a name-brand, high-end used seat.

All seats pass the same pass/fail crash tests.

WHY IS THIS SAFER? Some parents try to save money by not buying a new car seat after a crash or don’t notice any visible damage, so they think it’s still safe.

Free safety seats and seat checks available this month This fall, AAA Arizona is partnering with SafeKids Maricopa County to ensure children in Arizona are buckled in safely. The first event will take place at the AAA Chandler office, located at 4040 W. Ray Road, Suite 2, from 9 a.m. to noon Saturday, Sept. 19 .

Bilingual child passenger safety technicians will perform car seat checks and give away free child passenger safety seats to families in need.

Additional events will be held in October and November. As a safety advocate, AAA Arizona employs certified car seat technicians in Phoenix and Tucson to help install and inspect car seats to make sure they are being used properly. Visit AAA.com/childsafety to learn more.

VIDEO: Why Don't Buses Have Seat-belts?

It is now mandatory IN ALL STATES to wear seatbelts while in a car-----as either a driver or a front seat passenger.

In Arizona, it is also mandatory for infants and toddlers to be in some kind of specialized car seat, and minors to be seat belted regardless of where they are in the car (front seat or back seat).

Given the restraint requirements in all passenger vehicles, why is it still the case that SCHOOL BUSES don’t have seatbelts?

The NHTSA previously issued a statement on seat belts on school buses, stating that "there is insufficient reason for a federal mandate for seat belts on large school buses.

School bus transportation is one of the safest forms of transportation in the United States. We require all new school buses to meet safety requirements over and above those applying to all other passenger vehicles.

These include requirements for improved emergency exits, roof structure, seating and fuel systems and bus body joint integrity. These requirements help ensure that school buses are extremely safe."

However, the NHTSA appears to be changing its position on this issue.

See the attached video: After watching this video, is there ANY doubt that school buses need seat belts?

If an accident occurs and your child is injured, based upon the information learned in this blog and video, is there much doubt that you might have a cause of action against the school district and/or bus company?

If any doubt—consult with an experienced, Phoenix personal injury lawyer. We at Zachar Law Firm are well-versed in these issues and this area of the law.

What legal recourse do victims have in hit and run crashes?

Phoenix police are searching for a man who fled the scene of a three-vehicle collision that sent three people to a local hospital with serious injuries Saturday evening.

The crash happened near 27th Avenue and Garfield Street and caused one vehicle to roll, said a Phoenix Fire Department spokesman.

Four people were injured in the collision. Three of them were hospitalized with serious injuries, and the fourth had minor injuries and refused transportation. Phoenix police are seeking the driver of the vehicle who fled the scene.

The driver is believed to have fled the scene in an older-model SUV. Question: If the at fault, fleeing driver is never found, what if any legal recourse do the injured victims have? Hit and run crashes. Non-insured drivers who cause accidents.

Drivers with insurance, but not enough. What do you do? Auto insurance is mandatory in Arizona.

Ever increasing, insurance protection for un-insured and under-insured motorists is a really good thing to buy.

UNINSURED motorist coverage will protect you and the others in your car if injured by a hit and run or un-insured driver.

UNDERINSURED motorist coverage will do the same if the driver who hits you does not have enough insurance.

As it is estimated that 1 in 5 drivers in Arizona are driving without insurance, UNINSURED coverage is a good idea.

Further, as the minimum limits in Arizona is only $15.000/$30,000--the same as existed in 1974, UNDERINSURED coverage is also a good idea. Be smart. Make good decisions. Protect your family.

Troopers set to increase their presence during the Labor Day holiday along Arizona’s highways

Arizona State troopers will increase patrols for the Labor Day holiday weekend.

Several operations across the state will focus on distracted drivers, impaired driver's and seatbelt safety.

The overall goal is to reduce collisions, especially the serious and fatal injury crashes attributed to dangerous drivers.

Troopers also want you to know that if you are involved in a minor collision, do not remain blocking the roadway; drive the vehicles to the right emergency lane or a safe location and call 911 to report the collision and your location.

If your vehicle breaks down, pull over to the right and also immediately dial 9-1-1 for assistance.

Visit www.az511.gov or dial 5-1-1 for the latest road conditions in Arizona.

Safety Tips: Drivers should check their vehicles prior to their travels for

1) tire pressure,

2) tire wear,

3) spare tires,

4) belts and hoses 

5) fluid levels.

Travelers should map out their routes and share them with family and friends, and take extra water for their vehicle.

The following is a “Critical Carry List” for vehicles in case of prolonged highway closures related to weather or traffic incidents: One gallon of water per passenger Food sufficient for at least one day Baby food /formula Medication sufficient for at least one day Phone and extra power supply State troopers will continue to be vigilant in protecting the lives of travelers along our highway system, however, the public should also remain vigilant and report all dangerous and suspicious activity via 911.

EVERYONE, HAVE A FUN AND SAFE LABOR DAY WEEKEND!!!

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The safety issues with sports venues

The death of a Braves fan at an Atlanta ballpark over the weekend is putting more pressure on Major League Baseball to improve safety at its stadiums — safety improvements that are long overdue.

Season ticket holder Gregory Murrey fell to his death from the upper deck of Turner Field on Saturday.

Witnesses say Murrey lost his footing while booing the Yankees' Alex Rodriguez. It's the second death in three years at the stadium.

"This is an old stadium, so perhaps with the new stadium, they can make the rails a bit higher," one fan said. These incidents are leading many fans to call for one of the biggest updates to stadium safety since the 1920s.

"Railings in front of seats must be at least 26 inches high; in front of stairs, 42," NBC reports. "Public entertainment in 1927 was a lot different than it is in 2015.

Americans were short and smaller," Steven Adelman, a venue safety expert told NBC.

But fans falling over railings isn't the only concern. There's also a huge risk of bats and balls flying into the stands at major league speeds.

Several fans have suffered head injuries from those this year. "The instant I saw the ball, it hit me at exactly the same time, it felt, so there was no reaction time," Stephanie Wapenski told ABC.

St. Louis Cardinals manager Mike Matheny told USA Today: "It really scares me when I'll turn around and I'll see in these really close seats people that I know can't defend themselves — whether it be young kids or elderly people or people just not paying attention.

I know I don't want my family getting anywhere close to those close seats without some sort of netting in front of them."

"There's nothing more frustrating to me when I go to scout players and I see families with young kids who are sitting very close to the field and beyond the netting.

Part of me says, 'I would never bring my daughter and sit in that section,'" ESPN's Keith Law said. MLB commissioner Rob Manfred has addressed the issue of fan safety in the past but has focused on netting instead of railings.

"We are examining all of the relevant information — stadium designs, where balls and bats go into the stands," Manfred told reporters. Improvements to MLB fan safety appear to be on the horizon, but it's netting, not taller railings, that seems to be in the forefront right now.

Murrey's death is still under investigation, but officials say they don't suspect foul play.

CONCLUSION:

It seems very certain that something needs to be done at these ballparks to make them safer.

You cannot always engineer drunk or stupid out of every equation, but right now, we don’t know that those elements apply to the injury incidents that have been happening more frequently.

Is there legal recourse for these injuries? Tough to say.

For almost all parks, in purchasing your ticket, you agree to 1) assume the risks and 2) waive any potential claims you have against the ballpark and the teams for these types of injury incidents.

Where does it say that? Next time you buy your ticket, read the back. Is that valid and enforceable?

Generally, yes, but with the increasing severity of these accidents, the law may evolve and change. Stay tuned…