Zachar Law Blog

It's New Years and a time to celebrate! (Please Be Careful)

As the final days of 2015 come to a close, people are getting ready to ring in the New Year with friends and family. Safety advocates urge people to stay safe on the roads and to not drink and drive.

Stop DUI advocates say this is a very dangerous time on the roads and asking everyone to look out for each other.  Thousands of people will be on the roads this holiday season either coming into town or heading out to visit loved ones.  According to the National Highway Safety Administration, more than 700 people are killed in alcohol related crashes nationally in the month of December. 

Stop DUI leaders say deadly crashes can be prevented. If you're hosting a New Year’s Eve party, there are some responsibilities to consider. Advocates say people should assign a designated driver before starting to drink and should monitor guests who are drinking too much.  Always use a designated driver and making sure the designated driver is the sober person.  

Although generally there is no "social host liability" in Arizona, the Rule is still the same:  Friends don't let friends drive drunk".  

And remember, BUZZED DRIVING IS DRUNK DRIVING.

One sad fact is that drunk drivers never take a day off. If you have to be on the road, be a little more diligent in looking out for yourself.  Drive the speed limit, look both ways when proceeding into an intersection, even if your light is green, pay attention to cars going the opposite way and always wear your seatbelt--it can mean the difference between life and death if involved in a crash.

Law enforcement is also doing their part to stop drunk drivers across the valley in hopes of saving lives, but they can't do it all.  

EVERYONE, PLEASE, HAVE A FUN AND SAFE NEW YEAR!!

Maricopa County Jury Awards $47 Million in Negligence Verdict Against the State of Arizona

 

 

Mesa, AZ, December 16, 2015:  

On May 18th, 2008, sisters-in-law Pamela Humphrey and Ann Quinn were traveling from Tucson to Phoenix on Interstate 10. Just outside of Phoenix, on the Gila River Indian Reservation, Mrs. Humphrey swerved to avoid debris in the road way, lost control, crossed the median and crashed into an eastbound vehicle. There was no median barrier. 54 year old Pamela Humphrey and 63 year old Ann Quinn died in the crash.

Their families alleged that the State was negligent for failing to provide a median barrier in this location and that a median barrier would have prevented the collision. 9 months before this collision, a father and his 6 year old daughter died in a crossover accident at the same location.

A lawsuit based on that collision resulted in a $7.8 million verdict against the State of Arizona. There is still no median barrier at this location.

Today,  December 16th, 2015, a Maricopa County jury returned a $47 million verdict in a roadway negligence case, and found the State of Arizona to be 85% at fault.

The people on the jury were incensed that the State Department of Transportation refuses to do anything about this dangerous stretch of road.

 

About Zachar Law Firm, P.C.

Since 1996, Christopher J. Zachar, has provided legal experience to his clients. As an experienced litigator, Mr. Zachar has earned a respected reputation among his peers for the favorable settlements and verdicts we have obtained for our injured clients. Although most personal injury claims do settle out of court, our firm prepares every case to win in front of a jury. Please visit www.ZacharAssociates.com, or call (602) 494 – 4800, or via cell phone (602) 799-4801 for more information.

###

ARIZONA MEDICAL HELICOPTER CRASH CLAIMS LIVES

A medical helicopter carrying three people crashed in the Superstition Mountains in Pinal County Tuesday night, killing two and critical injuring one.

Federal Aviation Administration spokesman Ian Gregor said the helicopter crashed under unknown circumstances about 20 miles east of Apache Junction. The aircraft was a Native Air ambulance helicopter and was travelling from Phoenix-Mesa Gateway Airport to Globe when it crashed in the "rugged terrain" of the Superstition Mountains.

A pilot and two medical crew members, a nurse and a paramedic, were on board, he said. No patients were on the flight.

PCSO is not releasing the names of any victims at this point. Pinal Sheriff Paul Babeu said the surviving crew member signaled to rescue teams using a light and was taken to a Phoenix trauma hospital in very serious condition.

The Arizona Department of Public Safety was first notified of the crash at about 8 p.m. The agency was asked to be part of a search-and-rescue mission.  Therein, a military aircraft extracted the survivor.

PCSO established a perimeter around the crash and will begin the joint investigation with the FAA once daylight breaks, he said.

IS THERE LIABILITY HERE?  AGAINST WHOM?

The answer is, without question:  YES.

The owner/operator of any aircraft has a duty to 1) make sure their aircraft is in proper mechanical condition to fly and 2) operate the aircraft with the utmost safety for its patients and crew.

The fact that this helicopter crashed means someone failed in #1 or #2.  Period.

This is not the first of these to have occurred in recent years.  In July 2007, two news helicopters crashed into each other near mid-town Phoenix.  There were no survivors.

In June 2008, two medical helicopters crashed into each other on approach into Flagstaff Medical Center.  Again, there were no survivors.

Legal claims were brought and resolved for the families involved. 

It is first now important for the families affected to tend to their loved ones.

Equally imperative however is for a full investigation to get underway.  An attorney experienced in helicopter crashes should be consulted soon.

Any questions?

Your Hoverboard Could Explode: What You Need To Know

Nearly 90% of all Hoverboards imported into Britain since the middle of October have been seized because they could explode.

Retailers were stocking up before the holiday shopping season, anticipating the self-propelled two-wheeled device would be one of the most popular gifts this year.

But safety officials have impounded 15,000 of the self-balancing scooters because a faulty plug "increases the risk of the device overheating, exploding or catching fire," the U.K. National Trading Standards said in a statement.

There have been reported hoverboards catching fire here in the U.S. as well. In one instance, a family lost their home to a fire due to a Hoverboard that was charging was plugged in. A video online that has gone viral shows a Hoverboard on fire on a sidewalk.

New York State has already banned the boards. California, on the other hand, has made Hoverboards legal to use on bike paths starting January 1.
Enthusiasts say the board doesn't go fast enough to be covered by bans on unlicensed motorized vehicles.

What happens if you or a loved one were to get injured on a Hoverboard due to it being defective? What rights would you have?

The legal classification would be “product liability”. There are two types of claims:

1. Design defect; or
2. Manufacturing defect.

If proven, along with the company’s knowledge of the danger, a case for negligence is very strong. At that point, proving your damages (medical bills, lost wages, injuries, pain, and suffering, etc..) would entitle an injured person to monetary damages in a lawsuit or court of law.

Hoverboards look fun, but right now, do not look worth the risk. Let’s hope that no one gets hurt and that the manufacturer corrects these dangers for this product soon.

Subscribe to our mailing list

 

Deadly crashes are on the rise. Why?

For the past 10 years the Arizona motoring public has enjoyed a steady decline in the number of driving related deaths that have been occurring not only in Arizona but nationally as well.

In that 10-year span auto-related fatalities dropped by 25% nationally.

Here in Arizona the death toll has remained steady at approximately 800 deaths per year from traffic accidents, a sharp decline from the all-time high of 1,301 deaths that occurred on Arizona roads in 2006.

However, the sad news came out of Washington today that the number of traffic fatalities is again on the rise with an 8.1 increase being seen nationally and Arizona already tallying almost 600 deaths in just the first 8 months.

The Arizona Governor’s Office of Highway Safety attributes the increase to three distinct reasons: speeding and aggressive driving; failure to use seatbelts; and impaired drivers.

In addition, here at the Zachar Law Firm, we believe that distraction due to texting and talking on our cell phones further contributes to this alarming rise.

Remember, even looking down for just two seconds doubles your chance of having an accident. Studies have shown that a person on a cell phone can be as dangerous as an intoxicated driver.

Arizona law permits recovery of punitive damages against persons who “consciously disregards the safety of others” such as a driver that makes the potentially fatal decision of getting behind the wheel after drinking.

It is likely that a person who makes the decision to text while driver could also subject him or herself to punitive damages for such a selfish and irresponsible decision.

While we cannot control other drivers and their cell phone habits, taking the wheel as a defensive driver is the one act that we do control. Drivers today need to be even more vigilante and “look out for the other guy”.

This applies to passengers as well who can insist that the driver that they have entrusted their safety to keeps his or her eyes on the road and away from their phones.

The decrease in traffic fatalities over the past 10 years was attributable to drivers taking the initiative to drive defensively and remove distractions when driving.

A return to such vigilance is the one sure way we can get back on track and return to the trend of decreasing traffic accidents.

This is especially true for the upcoming holidays where more drivers are on the road with more distractions around them. Let’s be safe out there for this holiday season.

Get even more news, tips and more sent to your inbox!