Zachar Law Blog

5 dead after car crash near Chandler

This morning, we've learned of a tragic two-vehicle collision near Chandler, in which all five occupants were killed, including both drivers. The two vehicles involved both sustained horrific damage.

The cause, or causes, of the collision are not yet known. Law enforcement is investigating if speed and/or alcohol were factors.

What legal rights might survivors of these victims have? Arizona designates statutory beneficiaries that can bring claims for those killed through the negligence on another.

These are called wrongful death claims. Statutory beneficiaries include surviving parents, spouses, and children.

The claim is a joint claim for however many statutory beneficiaries exist, and is designed to compensate those beneficiaries for the loss of their loved one's love, companionship, and support.

In this collision, such claims might be brought against the estate of whichever driver caused the collision.

If a defect in highway design was a factor, such claims could possibly be brought against the governmental entity and/or construction company responsible for the defective road design/construction.

This might include a claim for improperly placed stop signs, inadequate sight lines, etc.

Also, if a defect in the design and/or manufacture of one or both vehicles was a contributing factors in the deaths of each vehicle's occupants, a claim might also be brought against that motor vehicle company.

Clearly too soon to tell if any of these issues are relevant in this tragic collision, but it is important to keep them in mind as the investigation unfolds.

In the interim, our thoughts and prayers go out to the family members.

State plans Phoenix test project to combat wrong-way crashes

Arizona transportation officials are responding to a flurry of deadly wrong-way crashes with a plan for a test project on a Phoenix freeway that includes using sensors to detect wrong-way drivers and alert authorities and other motorists.

The state Department of Transportation announced Monday the project will be conducted on a yet-to-be-determined 3- to 4-mile stretch of Interstate 17 after a months-long study conducted by two engineering firms.

Under the test project, existing traffic sensors will be modified and new ones installed to detect wrong-way vehicles to provide alerts to state troopers and to post warnings on overhead message board. Also, on-ramps' traffic lights will stay red to keep traffic off the freeway when there's a wrong-way vehicle.

The alerts about wrong-way drivers entering freeways would get the word to Department of Public Safety troopers faster than information relayed by 911 callers, ADOT said.

Faced with wrong-way drivers, troopers sometimes use their own vehicles to strike glancing blows of the errant vehicles to bring them to a stop before they hit somebody.

The flurry of wrong-way crashes in the Phoenix area included one that killed an off-duty Phoenix Fire Department dispatcher going home from work on Jan. 27. Others included two 2014 crashes that killed an off-duty Mesa police officer and a young Mesa couple.

The department's response to those crashes and others has included the launching of the study conducted by the engineering firms as well as the state's already completed installation of hundreds of larger and lower "wrong way" and "do not enter" signs on more than 100 freeway ramps.

The report submitted by United Civil Group Corp. and Lee Engineering LLC said steps taken to detect wrong-way drivers can help prevent only some wrong-way accidents.

That's "because there is no current technology that can solve the issue of driver impairment, whether from drugs or alcohol," the report stated. Approximately 65 percent of the wrong-way drivers in 245 crashes with 91 fatalities from 2000 through 2014 in Arizona were documented as impaired, compared with approximately 60 percent nationally, the report said.

"We all need to work harder to keep friends, family and strangers from driving while impaired," Alberto Gutier, director of the Governor's Office of Highway Safety, said in a statement released by ADOT.

In other findings, the report said wrong-way crashes are more common after dark and on weekends and that the portion of I-17 in the Phoenix area had the most wrong-way crashes in the state.

The rural highway with the highest per-mile rate of wrong-way crashes was SR 89A in the Verde Valley in northeastern Yavapai County, the report said.

Also, most wrong-way drivers are males and most are between ages 16 and 35.

The department said it has begun testing detection and warning systems manufactured by private companies and that some will likely be included in the new project.

COMMENT: IT’S ABOUT TIME THE STATE DECIDED TO DO SOMETHING.

TOO MANY LIVES LOST DUE TO THE STATE’S FAILURE TO ADDRESS THIS PROBLEM OVER THE LAST FEW YEARS.

This Thanksgiving, Drive Safe, Drive Smart in Arizona

State officials don't want a repeat of the death toll from last year's Thanksgiving weekend and are urging motorists to be patient while traveling.

The Arizona Department of Transportation says last year's Thanksgiving weekend was the deadliest in the past decade, with 18 people killed in crashes on state highways and local roads.

Of those killed, six died in crashes involving impaired drivers. ADOT, the Arizona Department of Public Safety and the Governor's Office of Highway Safety urge drivers to buckle up and avoid distractions, especially texting while driving.

ADOT says it's not scheduling any construction-related closures over the holiday weekend and that motorists will see messages on electronic signs about slowing down and driving sober.

Below are a few simple tips to ensure your Thanksgiving trip is safe: - Don't allow children to fight or climb around in your car (they should be buckled in their seats at all times).

One accidental bump or too much noise can easily distract you from concentrating on driving safely. - Cell phones can also take your focus away from the task at hand: Arriving safely at your destination. - Avoid driving when you're tired.

Be aware that some medications can cause drowsiness and make operating a vehicle very dangerous. Get the full scoop on drowsy driving. - Always use caution when changing lanes.

Cutting in front of someone, changing lanes too fast or not using your signals may cause an accident or upset other drivers. Be careful when driving home.

People can joke about eating too much then napping—just make sure that neither happens when you are behind the wheel of your car.

EVERYONE, PLEASE, HAVE A SAFE AND HAPPY THANKSGIVING!!

18 tips to keep you safe this Thanksgiving

Thanksgiving is only days away. Below are a few safety tips to keep you and your loved ones safe and to ensure that you have a fantastic Thanksgiving day.

1. Make sure your smoke alarms are working properly by testing them.

2. Ensure all available exits are well-marked and visible, should a fire occur and have them meet at a designated location outside.

3. The leading cause of fires in the kitchen is unattended cooking, so stay in the kitchen when you are cooking on the stove top so you can keep an eye on the food.

4. Establish a 3-foot child- and pet-free zone around any area where hot foods are prepared. Have activities that keep kids out of the kitchen during this busy time. Just in case, ensure you turn handles inward on the stove and countertop to avoid spills.

5. Keep a lid nearby when you are cooking to smother small grease fires. Smother the fire by sliding the lid over the pan, turn off the burner and then leave the pan covered until it has cooled.

6. Keep anything combustible — like oven mitts, wooden utensils, food packaging and towels — away from the stove top.

7. Eliminate clutter in the kitchen. A clean work area allows for better efficiency and less chances for mishaps.

8. Keep matches and lighters out of reach of children’s hands.

9. Do not leave lit candles unattended or in places where they could be knocked over by children or pets.

10. The Fire Marshal's Office also provided these turkey fryer safety tips:

11. Many turkey fryer appliances can be easily tipped over, allowing for hot oil spillage. Ensure you place them on a hard, level and non-combustible outdoor surface.

12. Do not place a turkey fryer under an overhang or temporary roof. A flare-up can easily ignite materials above the appliance.

13. Partially frozen turkeys can cause a spill over and result in a flare-up. Thoroughly thaw the turkey before cooking.

14. Turn off the burner before placing the turkey in the container. Re-ignite the burner after you are sure it is safe to do so.

15. Constantly monitor the temperature of the oil. It can easily reach temperatures to the point of combustion.

16. Be careful not to overfill the fryer. Follow the manufacturer’s guidelines for proper filling levels.

17. The handles and lid will get dangerously hot. Use well-insulated potholders or oven mitts.

18. Never leave the fryer unattended while cooking. Keep an all-purpose fire extinguisher on hand.

Do not use water in an attempt to extinguish a grease fire.

Thanksgiving is my favorite day of the year, but there is nothing that will ruin any day of the year faster than a friend or family member being injured.

Keep these simple safety tips in mind, be careful and be safe, and have a great Thanksgiving!

Another wrong way freeway death in Arizona: Still no safety plan in place

A wrong-way driver has been killed in an accident on Interstate 10 in Tucson.

Arizona Department of Public Safety officials identified the victim as 25-year-old Brian Valenzuela of Tucson. They say the car Valenzuela was driving about 1 a.m.

Wednesday collided head-on with a tractor-trailer rig. DPS officials say their investigation is continuing and impairment hasn't been ruled out as a factor.

They say the big rig's driver escaped injury. Debris and spilled diesel fuel closed the eastbound lanes of I-10 until after 7 a.m.

The driver that died here was the wrong way driver. does that distinction matter? should it? wrong way drivers on metropolitan freeways has been a problem for decades.

The law enforcement authorities are all over the map on dealing with this problem. do something. do nothing. by now you would think law enforcement agencies would have a system in place.

In truth, they largely have no system in place. we know that wrong way incursions occur for many reasons. some are nefarious (drunk driver), some are purely innocent (medical episode).

Regardless, when it happens, everyone is at risk---the guilty and the innocent. when it occurs, and the police need to respond, they have no idea at all why the driver has entered the freeway the wrong way. everyone is at risk.

Clearly the time has come for our law enforcement agencies to formulate a plan for responding to these emergencies. everyone deserves the protection provided by law enforcement---particularly when the reason is unknown.

A History of Personal Injury Law in the US: How Attorneys Help Us Refine Our Legal System

Lawsuits. Too many, right? Filed by the greedy, right? Hurting our country, right? Wrong.

On all three counts, wrong. 228 years ago, our forefathers enacted The Constitution, now called "The Law of the Land" in the United States.

The Constitution established our three branches of government: The Executive, The Legislative and The Judicial. The Judicial Branch was seen as absolutely necessary by the drafters to a free and lawful society.

If our nation was to be peaceful, safe and free, they knew that we needed a peaceful means of resolving disputes, as well as enforcement mechanisms for the decisions made in the dispute resolution process.

Hence, the court system in the United States was born. The court system, and it's lawyers and its lawsuits today remain the #1 reason that society remains free, peaceful and safe.

If one person causes an accident that harms another, the victim can get his/her damages paid, instead of facing financial ruin.

Property and store owners must take reasonable steps to keep their premises safe, or face a responsibility of paying injured people for harm that results.

Manufacturers must design, make and sell safe products, otherwise face in court the people and families who their dangerous products harm.

And LAWYERS are the gatekeepers. LAWYERS and LAWSUITS are the mechanism that keeps products safe, that keeps manufacturers and businesses honest.

The promise of lawsuits is what makes drivers drive safe and property owners maintain their properties free of danger.

Imagine the alternative, just for a moment. If we had no laws or courts to hold wrongdoers accountable, we would live in a lawless nation. It would be anarchy.

We would not be safe or free. People could do anything with concern of taking responsibility for their actions.

The judicial branch, the court system and its well-educated lawyers are needed by all in a free, peaceful and safe United States of America.

Who's at fault in an accident involving a Jay-walker?

First and foremost, jaywalking is illegal.

However, does that mean a driver has the right to run you over? Simple answer: No.

Question: So who is at fault when a jaywalker is hit by a car?

Answer: Maybe both. Arizona law requires pedestrians to cross the street at corners and/or designated crosswalks.

So often, people decide on a quicker and less safe route. Indeed, I cannot even count the number of times I see someone jaywalking---yet with a marked crosswalk maybe 50 feet away.

Arizona law also requires drivers of motor vehicles to pay attention and to drive "reasonably" for all traffic conditions. "All traffic conditions" includes the existence of pedestrians in or near the roadways.

So, should an accident occur between a jaywalker and a car---if shown that the driver could have/should have seen the person and could have/should have been able to avoid, then without question the driver can be held responsible.

"Pay attention and drive reasonably for all traffic conditions".

If on the other hand it seems unlikely that a driver should have avoided---as in a case where the pedestrian darts right out into traffic, then it may be that the pedestrian will be deemed 100% at fault for his/her injuries.

 

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A Day for Spreading Love to Lawyers Everywhere

In case you didn’t know, Friday is “Love Your Lawyer Day” — yeah, it’s a thing apparently, and has been for the past 15 years.

This is the first year, however, that the day has been recognized by the American Bar Association Law Practice Council, which passed a resolution in late October to recognize the special day on the first Friday of each November going forward.

All of this was just announced by the American Lawyer Public Image Association, a non-profit that claims to be the only organization dedicated to promoting the positive public image of lawyers.

Founded in 2001 by Nader Anise, a legal marketer, the group is the driving force behind Love Your Lawyer Day, in which everyone around the world is encouraged to post photos and comments on Twitter, with the hash tag, #LoveYourLawyerDay, professing their deep love for lawyers.

Already, the hash tag is being used by various bar associations, lawyers and legal journalists. “The reality is that lawyers are, for the most part, vilified in our society,” said Anise. “This day is about recognizing them, appreciating them and thanking them.” As part of the day, Anise is calling upon everyone to refrain from uttering any “lawyer-bashing” jokes — violators must be fined $20 to donate to a charity of their choosing. “Why are lawyers any different from other people?” said Anise. “I know people don’t think they have feelings, but you know, they can get their feelings hurt, too.”

Read below for more from the ABA resolution: WHEREAS, Lawyers have consistently been the target of verbal bashing, derogatory portrayals and literature is rife with lawyer bashing dated back hundreds of years; and WHEREAS, A 2013 Pew Research Center survey found lawyers last among ten professional categories for “contributions to society”; WHEREAS, According to a 2014 Gallup survey, the public perception of lawyers on honesty and ethics is an unsatisfactory 21%; and…

WHEREAS, The portrayal of lawyers in American popular culture, including on television and cinema, is largely negative, which promotes a negative stereotype of lawyers in society… NOW, THEREFORE, BE IT ENACTED by the American Bar Association Law Practice Division Council:

SECTION 1. The first Friday of November be recognized and celebrated as “Love Your Lawyer Day”, a day for the public to celebrate lawyers and express their gratitude to them for their affirmative contributions to the public good and the administration of justice.

SECTION 2. Lawyers throughout the nation are urged to celebrate “Love Your Lawyer Day” to help promote a positive and more respected image of lawyers and their contributions to society and that they do so by providing pro bono legal services to their communities and supporting charitable causes that promote the administration of justice.

Without Lawsuits, We Would Live in a Lawless Country. Read why.

People don’t like lawsuits. They think:

1) lawsuits are bad;

2) only greedy people file lawsuits;

3) lawsuits have made America a worse place to live and do business.

Let’s make sure we are on the same page here:

1) Wrong;

2) Wrong;

3) Wrong.

Lawsuits are not bad, they are not filed by the greedy and they have not made America worse. In fact, it’s just the exact opposite. Lawsuits make America stronger, and truly do make America the greatest country on earth.

Lawsuits exist to hold wrongdoers and lawbreakers accountable for the wrongs they do and the harm they cause. Lawsuits serve both as a means of righting a wrong and deterring bad or unlawful behavior that might cause harm to others.

The message in the United States is strong on this: If you hurt someone, you will pay for the damage. Let’s consider the alternative for a moment. Let’s assume that the court system in the U.S. closes down.

No more judges. No more juries. No more lawsuits.

The next day you are driving your children to school and another driver runs a red light and t-bones your car. Your children are seriously injured. You are seriously injured.

Your car is totaled. You can’t work and the medical bills are piling up. You submit your claims to the insurance company for the at-fault driver.

You wait. And wait. And wait. Your medical providers are calling, demanding payment and threatening to send you to collections.

Read even more articles in our Newsletter!

You hear nothing from the driver’s insurance company. Finally, you reach someone from the insurance company, who politely tells you your claims have been denied and then hangs up on you. Now what? Well, now, nothing. Nada. Zero. Zip.

You have no recourse. You have no way whatsoever to hold the at-fault driver responsible for your damages. No way to pay your medical bills. No way to get your car repaired or replaced. No way to reimburse your lost income.

Rent is due and you don’t have the money. Bills are due, but without your regular income, you cannot pay them. You family faces financial ruin. And now, you have no recourse. The courts, judges and juries are gone.

You have no way to bring your case or your dispute to an impartial fact finder to get help. Having no right to bring a lawsuit to hold the other driver accountable, your family is financially ruined. Lawsuits are not bad.

A Lawsuit is merely a lawful and orderly process to resolve a dispute.

Lawsuits are not filed by greedy people. In fact, just the opposite is true. Lawsuits are filed to hold the greedy responsible for the harm and damage they cause.

Lawsuits have not made America worse. They have made it better. They have made it safer. In America people must respect each other.

People must drive safely. Doctors must treat people the right way; attorneys must do the same. Store owners must keep their aisles safe.

Property owners must fix dangerous conditions. People must control their dogs. Truck drivers must be careful and drive at safe speeds, and product manufacturers MUST make their products safe.

The message in the United States is strong and clear: If you cause harm to another, you can and will be held responsible.

The glue is our legal system, and the right of one person to challenge even the biggest of businesses, in a setting where everyone is equal.