Zachar Law Blog

Study: Interstate 10 ranked deadliest freeway in nation

Interstate 10 runs through eight states including Arizona.  AutoInsuranceCenter.com has just declared Interstate 10 the country’s “most dangerous highway.”

Per the research, Interstate 10 had more deaths over the past year (278) followed by the Interstate 95 (204).

For travelers in Arizona, these statistics are not telling us anything we didn’t already know.  We have already been involved in too many cases where innocent victims lost their lives from Interstate 10 crashes.

PLEASE:  Drive with caution this Memorial Day, especially when on Interstate 10. 

TripAdvisor data shows that 70% of those surveyed plan to drive this holiday, with 77% of those planning to travel 100 miles or more.

Many of these people may be hitting Interstate 10, the fourth-longest highway, which spans from California to Florida.

Here are some tips for traveling safe this holiday weekend:

• Be alert!

There are plenty of examples of when people aren't alert behind the wheel. It's the easiest thing anyone can do while they drive. 

 

• Don't drink and drive!

Simply put. Don't drive drunk. There are plenty of ways you can get around if you've been drinking. Uber, Lyft, Taxis & designated drivers are all meant to keep you safe and also keep other drivers on the road, safe. 

 

• Avoid Distractions!

Texting and driving has become an epidemic nationwide. Don't use your phone while driving. That phone call or text message can wait. Your life is much more important.

 

Read More: Just how dangerous is the I-10 freeway in Arizona?

Arizona cracks down on drivers without seat belts as part of national 'Click It or Ticket' campaign

 

Arizona law enforcement agencies are teaming up to make sure you and your kids are buckled up in the car.

The move is part of the nation's "Click It or Ticket" initiative -- a safety campaign that targets drivers not wearing seat belts.More Arizona officers will be looking for offenders starting Monday through the first week of June. Enforcement in the state is under a secondary seat belt law for adults, however, Arizona has a primary child safety seat law. Car crashes continue to be one of the leading causes of death and injury in Arizona, a media release says. According to the Centers for Disease Control and Prevention, proper seat belt use reduces risk of death or serious injury by 50 percent. For infants and toddlers, correct safety seat usage cuts down on serious injuries and death by 71 and 54 percent respectively.

From a personal injury perspective, proper use of seatbelts reduce the potential for injury and/or the potential severity of accident related injuries. Similarly, helmets reduce both risks in accidents involving motorcyclists and bicyclists. Not only does the failure to wear a seatbelt increase the risk and severity of injury from an accident,  but it can also reduce one’s recoverable “damages” stemming from an accident related injury.  For example, someone who hits their head on their windshield in a car crash, will likely find their recovery for the severity of any head injuries, as well as the cost of any related treatment, significantly reduced.

Besides the “cost” of being cited for no seatbelt, the potential “cost” to our health and wellbeing isn’t worth any inconvenience posed by using a seatbelt.

Moreover, as adults, we owe it to our children to model positive behavior. This means that we need to both wear our seatbelts whenever driving, but also insist that all of our passengers wear their seatbelts. We want it to become second nature for our children to always put on their seatbelts, even when we’re not there to remind them.

Read More: What are the laws regarding seat-belt use in Arizona? 

Pima County bans texting and driving: When will Arizona as a state, follow suit?

Kudos to Pima County!!!!

Although there is no Arizona ban on texting while driving, Pima County has joined the cities of Tucson, Phoenix and Flagstaff and Coconino County in outlawing texting and driving.

With a unanimous vote early last week, the Pima County Board of Supervisors approved an ordinance that prohibits drivers from using “a handheld electronic device for any purpose other than to initiate, receive, or engage in voice communication,” meaning making and receiving calls is still allowed while driving.

Before the vote, the supervisors heard from a number of residents, most of whom spoke in support of the measure.  (ummm…most???  You mean some objected??)

Standing by a mangled bike to drive home his point, Brendan Lyons, who along with his girlfriend was struck by a distracted driver in 2013 , recounted his ordeal and the serious injuries he suffered.

“I hope this makes an impact on all of you,” he told the supervisors. “This isn’t about politics. This is about public safety.”

The measure exempts law enforcement and emergency responders, those driving school buses and drivers. It also allows for all uses of cellphones while vehicles are stopped.

(ARE YOU KIDDING ME????  POLICE OFFICERS AND SCHOOL BUS DRIVERS ARE STILL ALLOWED TO TEXT WHILE DRIVING??  What???!!!!!!!!!!!!)

Violation of the ordinance is a civil traffic violation, punishable by a $100 when the driver is not involved in an accident and $250 if the driver is involved in an accident. The measure is to take effect 30 days after Tuesday.  Unlike Tucson’s ban, the county ordinance makes violations a primary offense, meaning law enforcement officers can pull over any motorist they suspect is using a cell phone illegally.

In the two years after Tucson’s ban went into effect in 2012, just 50 citations were issued, leading some to question to impact of the measure (or lack of enforcement by the police).

Nanos said he hopes the county will “have very few citations.” Though the ordinance will give his deputies more power to pull drivers over, he said they will use a “sense of reason” when enforcing the ordinance.

“The goal isn’t to write a ticket,” he added. “The goal is to get compliance.”

Several community members raised concerns about possible overreach.  Tucson resident Ken Rineer said the ordinance was “vague” and could be used to cite drivers for “just holding a cellphone.”

So, don’t hold a cellphone while driving.  You shouldn’t be doing this ANYWAY.

Of the roughly 29,400 collisions on Arizona state highways in 2015, distracted driving contributed to 2,729 of them, according to the Department of Public Safety.

Read More: What exactly are the laws in Arizona for texting and driving?

Personal Injury FAQs: How Do I Get My Lost Wages After a Car Accident?

Lost wages/income are generally recoverable damages after a car accident, but such claims require proper documentation.

Lost wages/income are recoverable if your injuries prevent you from working, or if you need to miss work in order to attend medical appointment/treatment. Lost wages are usually not recoverable simply because your car is out of commission from an accident.

If you are unable to work because of your injuries, you will generally need a doctor’s note placing you on an off-work status. You will then need your employer to verify the time you missed from work.

If your doctor places you on modified work duties that your employer cannot or will not accommodate, you’ll need something in writing to that effect.

If you are missing work because of medical appointments, the time missed needs to be proportionate to the time of the appointment and date of treatment. In other words, don’t take a whole day off work for a medical appointment than can be scheduled near the beginning or end of your work shift.

Lost wages are most easily documented when you get paid by the hour. If you are self-employed, and/or earn commissions, it becomes harder to document your lost income because it is not necessarily consistent.

In such cases, it may be necessary to produce a number of pay stubs or commission statements before the date of loss, as well as several after you’ve returned to work. These would then be used to average that type of income and extrapolate those numbers to the hours/days/weeks you missed work.

Finally, if you are paid by cash (work off the books), your employer may well decline to corroborate the time/income you missed.

See More: Watch our video regarding lost wages after a car accident. 

 

ANOTHER INTERSTATE 10 CROSSOVER ACCIDENT IN ARIZONA -- WHEN WILL THESE END??

A man killed Sunday afternoon in a car accident on Interstate 10 near Buckeye was identified by the Arizona Department of Public Safety on Monday morning.

Benjamin Boaz Gayongala, 22, of Surprise, was killed in the three-car crash on westbound I-10 shortly after 5 p.m.

The accident occurred when a commercial vehicle changed into the left lane from the right and struck a black Nissan sedan. The Nissan then traveled through the median into eastbound traffic, where it was hit by the Cadillac station wagon in which Gayongala was a passenger.

Graves said DPS was investigating the crash as a hit-and-run.

The crash closed the highway's eastbound lanes near Buckeye on Sunday afternoon, forcing traffic to exit at 339th Avenue.

 COMMENT:

HERE WE GO AGAIN.  REGARDLESS OF THE CAUSE, THIS IS YET ANOTHER CROSSOVER DEATH ON INTERSTATE 10.

WHEN WILL THE STATE OF ARIZONA DECIDE TO INSTALL MEDIAN BARRIERS?  THE STATE’S OWN EXPERTS ADMIT THAT MEDIAN BARRIERS ARE 95% EFFECTIVE IN PREVENTING CROSSOVER CRASHES.

SOMEDAY SOON, WE HOPE.  ZACHAR LAW FIRM WILL CONTINUE ITS EFFORTS TO SEEK ACTION BY THE STATE OF ARIZONA REGARDING THESE UNNECESSARY AND TRAGIC ACCIDENTS.

Read More about the dangers of the I-10 freeway in Arizona.

What you need to know about dog bites in Arizona

A dog is in quarantine after it attacked two little boys as they were heading to their bus stop late las week in Arizona.

Both boys were reportedly bitten several times on the face and legs.  All injuries are considered to be not-life-threatening.

According to a witness at the scene, the dog got out of the house and was following another dog. The dogs approached a bus stop near Kenworthy and Ocotillo Roads and the kids became startled and started running away. 

As the kids ran away from the dogs, the yellow lab reportedly bit the five-year-old.  The older brother tried to step in and was also bitten.  A nearby construction worker and neighbors ran to the boys' rescue. 

The dog will be quarantined and evaluated for rabies and then could go back to the homeowner.  The dog owner said, "I walk him all the time and he's never shown any signs of aggression."

LEGAL ISSUES:

Does it matter that the dog “never showed any aggression” previously?  Not under Arizona law.

Under the law in Arizona, a dog owner is “strictly liable” for harm caused by its dog.  No “one free bite” like in other states.

There are two defenses in Arizona:  Provocation and Trespassing.  Neither seem to apply here.

Let’s hope these young kids are too badly injured, physically or mentally.  The scars (physical and mental) can have a long-lasting effect.

Read even more about Phoenix, Arizona dog bite laws: - http://www.zacharassociates.com/dog-bites/