Zachar Law Blog

Self-driving truck makes first trip — Does Anyone Like This Idea?

If you're sipping a Budweiser somewhere in Colorado Springs, you just might have a robot to thank for that thirst-quenching brew.  Last week, self-driving truck teamed with Anheuser-Busch to successfully deliver a semi-tractor full of beer from Fort Collins, through Denver and on to the southern Colorado city in the shadow of Pikes Peak. 

 

For the majority of that 120-mile trip, the truck's driver left his seat and observed the road from the comfort of the sleeper berth. A video of the drive shows the slightly disconcerting image of a massive 53-foot trailer filled with 2,000 cases of Bud rumbling down I-25 with no human in the cab.

 

"The initial appeal for us was to see how we could meet the needs of a company like Anheuser-Busch," Otto co-founder Lior Ron tells USA TODAY. "But now after this successful test, we're eager to see how it will handle other roads and other weather."

 

The Otto landmark stands in stark contrast to the ongoing self-driving car tests by Google, Uber and Ford in California, Arizona and other states that require a safety driver to remain at the wheel in case of emergencies.

 

At present, states offer self-driving tech companies a patchwork of laws that, in time, the National Highway Traffic Safety Administration is hoping to corral into a cohesive autonomous car policy.

 

In Colorado, the Department of Transportation worked with Otto for a number of months evaluating the company's technology and joining on test runs before agreeing to let an Otto semi roll along without a driver in the cab.

 

"Safety remained our primary concern, but we believe that in this case, the driver is the automated system itself," says Amy Ford, spokeswoman for the Colorado DOT, whose Road X mission is to partner with innovative companies to help ensure that the state leads the way in the coming Otto, which was founded early this year by Google Car veterans Ron and Anthony Levandowski, was bought by Uber last August for $670 million. Uber is boosting its self-driving tech initiative with Levandowski now in charge of leading the ride-hailing giant's charge.

 

The concept behind Otto is to produce an aftermarket kit comprised of radar and camera sensors that, when harnessed to proprietary software, will allow the nation's 350,000 owner-operator truckers to keep their trucks on the road longer without cutting into their carefully monitored driving time.

 

Otto's — and Uber's — interest in cornering the trucking market doesn't need much explanation. In 2015, trucking brought in $726 billion in revenue and accounted for 81% of all freight transport, according to the American Trucking Associations.

 

Trucking industry advocates remain concerned about both the technology's ability to decipher every road emergency and the danger of having a driver resting or even sleeping while a truck is at highway speeds.

 

Concerned, caring attorneys and families remain the same.  This is literally a ticking time bomb.

 

Liability for accidents is paramount.  By way of federal law, the biggest vehicle on the road only require $750k in insurance coverage.

 

Lives are worth far more than that.  Regardless of technology, there is no replacement for an experienced driver of these big rigs.

 

Yes, drivers make mistakes too.  But it seems safer to have human hands on the wheel, than a computer chip doing all of the seeking, thinking, maneuvering and stopping.

 

WHAT DO YOU THINK????

INFOGRAPHIC: Halloween Safety Tips Every Parent Should Know

Everyone looks forward to Halloween. From the costumes to the candy, Halloween has grown in popularity more than ever before. Every year, thousands of pirates and princesses hit the streets. We've compiled a few simple yet effective safety tips to keep you and your loved ones safe this Halloween! Remember, safety should never take a back seat. 

• Make sure your children are wearing reflective tape or carrying a flashlight with them at all times. Trick-or-Treating usually occurs in the evening/night hours. It will be hard for a driver to spot someone in a dark costume. 

• Make sure you accompany your smaller children. You should always be with them while visiting neighborhoods for candy.

• If your children are older and are heading out on their own, make sure they know the rules of using sidewalks. Always cross streets at actual street corners. Traffic signals are there for a reason. 

• Drivers should be extra vigilant while on the road. Child pedestrian deaths spike during Halloween. More than any other day during the year. With that being said, make sure you keep your eyes on the road. Drive safe and smart. 

We've also included an infographic that you can share or print out and use as a reminder for your loved ones. Remember. Safety is key. Have a great Halloween!

What happens if you're injured in a multi-vehicle crash? Get the facts.

 

A collision involving up to 20 vehicles forced the closure of southbound Interstate 17 north of Black Canyon City on Sunday 10/23/16, causing a lengthy backup that lasted into the evening. The massive crash was the result of a cattle hauler unable to stop in time.

At least 12 people were injured, with six in serious to critical condition, according to Phoenix Fire Department officials assisted. Three people needed to be extricated; others were flown to the hospital while others were transported by ambulance.

Southbound lanes of the interstate were closed at Sunset Point and traffic was diverted along several alternative routes. 

COMMENT: What now? What happens with such a massive crash?  

The early report is that a "cattle hauler" was unable to stop in time, but stop for what?  On an urban freeway, slow downs and stops must be anticipated.  We don't expect it as much on the rural highways.  So what happened here?  Another crash?  The information suggests the cattle hauler had to have to stop for something.  More investigation is needed.

Related: Handling property damage after a car accident.

Many are injured, some seriously.  What insurance applies?  What if there is not enough?

An investigation will reveal all drivers who bear some fault for this large crash, and their insurance companies will be involved.  Time and diligence will sort through all issues. 

If there is not enough insurance to cover all of the injury claims, then the injured peoples' own "underinsured motorist coverage" will apply.  

It's gonna take awhile to sort this one out.  It is complicated, so those involved should seek legal representation with experienced accident/injury lawyers.

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Report: I-10 in Arizona among deadliest highways

A stretch of road that many Arizona drivers use every day has been named one of the deadliest in the country. 

Interstate 10 spans from California to Florida. Finance website ValuePenguin just named it the fourth-deadliest highway in the nation. 

"It's packed all the time, getting worse and worse every day," one man told us. "They drive like maniacs. They don't take their time. They're always in a rush."

After analyzing crash data from 2011 to 2015, Value Penguin said Arizona is the second-deadliest state along the I-10 with 132 total fatal wrecks, and Phoenix is the third-deadliest city with 42.

"You've got so many people driving it, you've got them driving aggressively, and you also have a lack of barriers," said personal injury attorney David Catanese with the Zachar Law Firm.

[Related: The history of the I10 in Arizona]

He said he believes one danger along the I-10 is a lack of median barriers on a stretch of the highway from Phoenix to Tucson. He said some of his clients, who are family members of people who died in head-on accidents there, have been awarded settlements in court. 

David Catanese’s partners represented three families against the State of Arizona.  The two cases went to jury trials.

In February 2012, a Maricopa County jury awarded the Glazer family $7.8 million for the death of Michael Glazer (age 50) and Sydney Glazer (age 6), assessing 100% fault against the State of Arizona.

In December 2015, a different jury awarded the families of Pam Humphrey and Anne Quinn $47 million, assessing 85% fault against the State of Arizona.

The Arizona Department of Transportation sent the following statement: 

The key issue behind fatal crashes on any roadway is driver behavior, starting with speeding, aggressive driving, driving under the influence, lack of seat belt use and inattention. A-DOT works with partner agencies to promote safe driving on all roadways, but other agencies directly address the challenge of driver behavior and investigate the causes of crashes. Your request is best put to them.

However, the juries found that the above information is known to the State transportation department and has been for a long time.  Both juries found that the State of Arizona has not done enough to protect Interstate 10 travelers. 

"Because we know it's something we can’t stop, it is an even greater reason to get those barriers up," Catanese said. 

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Why Social Media and your personal injury claim don't mix

With the popularity of Facebook, Twitter, Instagram, and other social media channels continue to grow, so does their usage in court cases.  Anything you post can be used against you, especially in a personal injury case.

If you’re involved in a personal injury case, it’s wise to stop using social media altogether—at least insofar as posting about your case or personal activities.

How trial lawyers use social media in court cases:

Social media is everywhere. Applying for a job? Chances are, the employer is going to look up your social media accounts to get an idea of who you are. But it doesn’t stop there. Social media is used in various court cases, including personal injury. So how do lawyers use social media during a personal injury case?

• Social media profiles – Lawyers (just like anyone else) has access to researching your name when it comes to social media. From Facebook to Twitter, Lawyers are looking to see what you are posting and how often. 

• Screen name – Lawyers can have the ability to request information that will identify you regardless of screen name. This will give them access to posts on possible forums, Reddit, and other places requiring a screen name.

• Blog entries – Any public blog posts are also searchable – and can be used as evidence.

• Computer access – Normally, a court order or subpoena is required to access your personal computer. However, if the police have a probable cause, they can search your computer without either of these.

• Consent forms & subpoenas – Some defense lawyers have begun asking the plaintiff to sign a consent form. They’ll add the consent form to a subpoena and send it to sites like Facebook and Twitter, requesting private information. However, the Federal Stored Communications Act generally governs posts on social networks – meaning sites aren’t always required to fork over personal information when subpoenaed.

It’s important to stay away from social media. Even ONE post can change the outcome of your personal injury claim.

Don’t post picture—it looks like you are bragging.

Don’t post opinions—these are definitely cross-examination fodder for the other side’s attorney.

Don’t post your symptom diary—it looks like you are seeking sympathy.

Don’t post anything MEAN---this is a case killer.

In our age of social media, and peoples’ addictions to it, the temptation to post about any significant happening in your life may just be too much, but please, JUST DON’T DO IT.

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The dangers of Samsung's Note 7. What you need to know.

Samsung has recently halted production of their Note 7 device after reports of its battery exploding.  Samsung made an attempt to fix this issue when they released a replacement phone for users, but it looks like the replacement is also bad.

 

There have been numerous reports of the explosions of the devices causing damage to property and even injury in some cases—for both versions of the phone.

 

Here is what we know:

A 25-year-old man not only had his Macbook damaged because of the phone but also badly burned 2 of his fingers.

In another case, a man attempting to reach into his pocket for his phone suffered bad burns to both his hand and his thighs.

 

With such a dangerous product out on the market, what recourse is there?

 

This is a perfect example of why Lawyers exist: To keep the public safe by forcing manufacturers to make safe products, and holding them responsible when they sell unsafe products that cause injury.

 

Lawyers play a big role in keeping the public safe in more ways than one. From the soap, we buy to the cars we drive to the phones we use.

 

There’s a reason why you hardly have to think about a product's safety when you or a loved one is using it.  

Safety is the rule; legal responsibility to the injured victim is the consequence that keeps manufacturers making safe products.

 

So what happens now? What role will a personal injury lawyer take in a situation like the exploding Note 7?

Arizona law allows compensation to a person injured by the fault of others. Compensation means medical bills, lost wages, pain and suffering and disfigurement and disability.

 

Why and how did this Samsung failure happen?  How could such a huge company let this happen?  Rush to market?  Other?

 

Regardless, people are getting hurt.  Samsung is and will be legally responsible.  Lawyers are the gatekeepers.  

 

Any questions?

Common Misconceptions About Personal Injury Law. What are they?

Sadly, there are many misconceptions out there about personal injury law and personal injury claims. Some based on ancient history and some based on myth. Some of the biggest misconceptions are discussed below.

Personal Injury Attorneys are ambulance chasers. While there are a few out there that give the rest of us a bad name, most plaintiff personal injury attorneys are ethical and compassionate professionals, there to help those truly in need. I take great pride in being able to assess when someone is legitimately hurt/hurting as opposed to someone who is trying to scam me just to make a buck.

Discount Fee Attorneys put/mean more money in your pocket. I do not believe this is accurate at all. First of all, in too many instances, discount fees equates to discount work and discount skills. More importantly, many discount fee attorneys sign you up to a discounted fee percentage, which they later collect regardless of the settlement.

At our firm, while we charge a more traditional fee, at the end of the case, we always discount our fee to the extent that our fee does not exceed your walk away in-pocket recovery after paying all fees, costs, and medical bills.

This often amounts to a total attorney fee that is considerably less than the “discounted” fee that other attorney collected. Moreover, many discount fee attorneys farm your case out to another firm if it needs to be litigated.

Injury claims are worth three times your medical bills. I’ve been practicing more than 20 years and this is not the case, nor has it been the case in my experience. Moreover, insurance companies are always trying to pay less and less.

Unfortunately, there are many attorneys that do not want to litigate cases and so they encourage their clients to settle for less than their case is worth, thereby allowing the insurance companies to continue with their low ball negotiation tactics.  

More and more carriers are moving to in-house salaried counsel, which makes it less costly for them to litigate claims. There are a number of carriers infamous for appealing very reasonable arbitration awards in favor of a subsequent jury trial counting on discouraging some attorneys from taking those types of cases.

While there are most certainly guidelines to evaluating one’s injury claim, each claim is potentially different, dependent on so many variables intrinsic to your case.

Insurance carriers want to make me whole. Nothing could be further from the truth. Insurance adjusters want to pay you as little as possible and are happy to manipulate the truth in their attempts to do so.

For instance, they may offer an unrepresented claimant reimbursement of their out of pocket medical expenses (their co-pay or deductible), but under Arizona’s Collateral Source Rule, they are obligated to pay the provider’s actual billed charges (not just what the patient/claimant owes).

They will often try and settle your claim before your aches and pains set in. Sometimes, their bonuses are based on how little they pay out on claims. These are just a few of the reasons why you should always consider consulting and/or retaining legal representation before speaking with an insurance adjuster.

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Infographic: What is the timeline of a personal injury case?

 

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There are many steps to a personal injury claim. Things can get very complex and confusing to say the least. We've broken down every step of a personal injury process to show just how complex a claim can truly be. 

The crash/incident + Injury:  Obviously, this must occur first for a claim to result. Car crash, slip and fall, etc…

Medical Treatment: Getting medical treatment in a reasonable time post incident is extremely important.  Wait too long, and you will have to prove that the medical care you sought and received was truly related to the incident. How long is too long?  All cases are different, but generally, you should see a medical provider no later than 1 week post-incident.

Hire An Attorney: There is no time frame required for this, but keep in mind, dealing with insurance companies is neither easy nor pleasant.  Everything you say can be twisted, turned and used against you.  What to say?  What not to say?  Without experience in this area, you cannot possibly know. An experienced attorney will be your mouthpiece.  Find the right one for you.

Investigate and secure evidence: Often, investigation of the facts, the scene and preservation of evidence can be crucial to winning your case.  This is another piece where an experienced attorney can be your best asset.

Track medical care and client recovery: If you need treatment, therapy or MRIs and specialists, this takes time.  A good attorney will stay in tough, track your medical are and make recommendation based upon his experience.  Gather all medical records and evidence, and prepare for presentation to the insurance company; All along the way, your law firm should be gathering medical records and bills. 

When your medical care ends, then a final request for these meds can be made, and your injury file be completed for review and preparation of the settlement to be sent to the insurance companies.

Submit the Claim for Settlement: In conjunction with the attorney’s review and discussion with you, a value range for your case will be assessed, and the settlement package sent for insurance company consideration.

Negotiate:  Eventually, the insurance company will contact your attorney to make an offer.  The negotiation will begin, and may require multiple exchanges before a settlement is reached.

File a Lawsuit: Sometimes, the insurance companies just see it a different way, and settlement is not reach.  At this point, you know you have the right attorney if he is willing to fight for you, file a lawsuit and do what is needed to prove the insurance company wrong.

Conduct Discovery: This is the investigation phase of the lawsuit called litigation) process.  You can request information from the other side, and they can request the same from you. Experts can be retained, and all witnesses “deposed” to determine exactly what they have to say regarding the issues in the case.

Mediation/Arbitration: Often, cases can be resolved without going to trial.  An “arbitration” is when you choose a neutral decision-maker in the case, to hear both sides and make a final ruling which the parties agree to honor. A “mediation” is when you choose a neutral evaluator to sit down talk to everyone to help bring the sides together to reach a mutually agreeable result.

Trial: Not all cases can be settled.  If a trial is needed, the court will obtain a jury (people from the community) to come to court, listen to both sides and make a decision as to who is right, and the proper amount of money that should be awarded for the injuries and damages.

Appeal:  If a party who loses at trial believes error caused them to lose, then can appeal the result to the Arizona Court of Appeals, and then, the Arizona Supreme Court.  The entire purpose of these courts is to review the decisions made in the trial courts, look for error, and help change the result if error is found. 

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What is considered 'Pain and Suffering' in a Personal Injury Case? Get the facts.

Does hiring a personal injury lawyer mean I have to file a lawsuit?

What is considered 'Pain and Suffering' in a Personal Injury Case? Get the facts.

Pain and suffering is all the ways your life is/was adversely impacted as a result of your accident, injuries and/or treatment.

Examples of pain and suffering include, but are not necessarily limited to financial stress due to being unable to work for a period of time, inability to parent and play with children, inability to exercise, inability to socialize, inability to recreate, impaired intimacy with a partner, inability to do housework or yard-work, anxiety driving, etc.  etc.

Pain and suffering is not limited to one’s “inability” to do things.

It also includes situations where one’s ability is impaired and activities have to be modified, or one can still partake in activities but their pain limits them to doing such activities less frequently or for shorter duration.

The key is to make sure you have the right personal injury attorney with expertise in handling pain and suffering due to someone's negligence. Regardless if the pain and suffering stems from a car crash, or a slip and fall injury, pain and suffering can be contributed in many different ways. Get the facts. Stop guessing. The best advice is to have an expert in injury law evaluate your case. 

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