With the holidays in full swing, chances are you'll find yourself in crowded parking lots of various malls and stores. With an increase of shoppers, leads to an increase in the possibility of a car crash or a fender bender. If you hit, scrape or otherwise damage a parked car - or if you're the victim of an accident, don't panic. Here are some steps you will need to take:
If you're doing the driving:
Don’t drive away—if another customer or a surveillance camera identifies you, you could be punished for a hit-and-run.
Track down the other car’s owner. Head into the store and speak to someone at the customer service desk. Describe the car to the employee, and have them announce it over the store’s loudspeaker.
Leave a note. If you’re unable to find the other driver, jot down basic information—your name, phone number and a brief explanation of the accident—and place it in a secure spot on the car. Write down the license plate number and take a photo of the damage if you have a camera with you.
Call the police. Depending on how extensive the damage is, you may want to involve the police. They’ll document the accident and they can help you find the other car’s owner.
If you're the victim:
Contact your insurance agent or an attorney. Let him or her know what happened as soon as possible. These professionals can help you determine the next steps.
Record evidence. Take pictures of the damage with your phone or a camera, if you have one on hand. Try to do this before the cars are moved, to show the impact positions. This is important.
Take thorough notes. If the adverse driver is still around, jot down his or her name, address, phone number, driver’s license number and insurance company. Gather as much information as possible.
Talk to other people in the area. Ask if they witnessed anything. Also head back into the store and find out if they have security camera footage you can check.
If you're a witness:
Provide assistance. If the offending driver is gone, help the other driver document the damage. Give the driver your contact information, in case his or her insurance agent or the police need to contact you for further comment. Or, go into the store, tell a manager what you saw and give your name and contact information.
Whether you are involved or not, you can make the right decisions and help this process.
This is the heavy shopping season. Let’s be careful out there.
Arizona law requires that children in vehicles must be properly restrained. Title 28 of Arizona Revised Statutes deals with transportation and includes child restraints.
ARS 28-907 (A) and (B): A person shall not operate a motor vehicle on the highways in this state when transporting a child who is under five (5) years of age unless that child is properly secured in a child restraint system. Each passenger between five (5) years of age and eight (8) years of age and who is under four feet nine inches tall (4’9”) is required to be restrained in a child restraint system.
ARS 28-907 (C): Child restraint systems must be correctly installed in accordance with 49 Code of Federal Regulations section 571.213. Most people have difficulty understanding these regulations and formulas. The majority of federal regulations here apply to manufacturers of child restraint systems, so your best bet is to always follow the instructions and recommendations of the manufacturer of the system that you purchase, whether it is a car seat, convertible car seat, a booster seat or any other type of restraint system.
ARS 28-907 (D): If you are stopped and it is determined by the police officer that there is a child under eight (8) years of age and 4'9" or shorter that is not properly restrained, the officer will issue a citation which results in a $50 fine. If the person shows that the vehicle has been subsequently equipped with a proper child passenger restraint system, the fine will be waived.
ARS 28-907 (H): The following situations are exempt from this law:
Motor vehicles originally manufactured without seat belts (prior to 1972);
Recreational vehicles;
Public transportation;
Buses and school buses; and
Transporting a child in an emergency to obtain medical care.
Types of Child Restraint Systems
There are several types of restraint systems, depending on the weight, age and height of the child.
Infant Seats: Birth to age one, designed for children up to about 22 pounds and up to 29" tall. Infants should be in a reclined infant car seat or convertible seat in the infant position to protect the delicate neck and head. All straps should be pulled snugly. The car seat must face the rear of the car and should never be used in a front seat where there is an air-bag. The infant must face the rear so that in the event of a crash, swerve, or sudden stop, the infant’s back and shoulders can better absorb the impact. Household infant carriers and cloth carriers are not designed to protect an infant in a car and should never be used.
Convertible Seats: For children weighing up to 40 pounds or 40" tall. The convertible car seat is placed in a reclined rear-facing position. After children reach at least 1 year and 20 pounds, the convertible seat can be turned forward and placed in the upright position in the back seat of the vehicle.
Booster Seats: Generally, more than 40 pounds, under eight years old, 4'9" or shorter. When a child reaches about 40 pounds she will outgrow the convertible seat. Either a belt positioning (backless) or high-back booster seat can be used with a lap/shoulder belt in the back seat of the vehicle.
Arizona law does not take the weight of the child into account. Again, following the car seat or booster seat instructions and recommendations will help you. If you have a child that is legally not required to be in a child restraint system but is slight or frail, it is perfectly fine for you to err on the side of safety and have your child use a booster seat.
The Question I Get Asked Most Often
Many people, when reading the Arizona Statute, assume that since it is not specifically mentioned as illegal, that a child in a car seat or booster seat can ride in the front seat. This would be a bad conclusion.
ARS 28-907(C), mentioned above, states that the federal regulations for child restraint system installation must be followed. Children can be seriously hurt or killed if the front seat airbag is deployed. Although not dictated by law, even some children who are old enough/tall enough to ride without a booster seat should not sit in the front seat. Most organizations recommend that children 12 and under always ride in the back seat. If for some reason your child must sit in the front seat (two-seat vehicles or pick-up trucks with tight extended cabs, for example) make sure that the passenger side airbag is either deactivated or operates on an automatic sensor turning it off under a certain weight application.
I shouldn't have to say it. Children should never ride in the back of a pickup truck, but I see it all too often. Are you kidding me? Do you care about that child? Yes? Then DO NOT allow this to happen.
Children Are Priceless Passengers
Arizona participates in a program entitled "Children Are Priceless Passengers" whereby you can attend a two-hour training session on child seat safety. There is a fee to attend. The C.A.P.P. program offers child safety seat classes at locations around the Valley.
If you have received a citation for not having your child properly restrained, you may have some or all of the violation removed after attending the class. If you don't own a car seat, you might be given one at the training session. Sessions are available in English and Spanish at the following locations:
Final Tips
If you have purchased a car seat or booster seat, and you need assistance making sure that it is properly installed, contact your nearest Fire Department location and ask if they will perform a car seat check for you. They are happy to help, and there will be no charge for that service.
If you have a child visiting, you can rent appropriate safety equipment at rental centers that carry baby equipment, like cribs and high chairs.
COMMON SENSE: Don’t be that person who thinks “I am just going a couple of blocks, I’ll take the chance”. As many crashes occur with a few blocks close to home, you are taking a big chance with the life of that little one whos care is entrusted to you. Follow the law, and you and your little ones will arrive safely.
Thanksgiving is around the corner. That means millions of people will be traveling on the public roadways.
Here are a few tips to help you have a safe and Happy Thanksgiving:
Always follow the rules of the road;
If you’re in a work zone, exercise caution;
Make frequent stops--don’t drive while drowsy;
Post-Thanksgiving meal, make sure you are okay to drive. Drowsy driving is impaired driving;
Do not drive after drinking. This holiday is a big celebration day. Be careful and be smart;
Make sure your vehicle is road ready (brakes, belts, battery, etc..).
Safety tips while cooking.
Cooks should avoid wearing loose clothing or dangling sleeves while preparing the holiday meal.
Also, never leave the stove unattended. If the cook has to leave the kitchen even for a short time, turn off the stove.
More cooking safety steps include:
Check food regularly. Use a timer as a reminder that the stove or oven is on. Keep children and pets away from the cooking area. Pans on the stove—keep the handles turned in. Many injuries to children occur when a small hand grabs and pulls down a hot pot; Keep anything that can catch fire - pot holders, oven mitts, wooden utensils, paper or plastic bags, food packaging, and towels or curtains—away from the stove, oven or any other appliance in the kitchen that generates heat. Clean cooking surfaces on a regular basis to prevent grease buildup. Consider purchasing a fire extinguisher to keep in the kitchen. Always check the kitchen before going to bed or leaving the home to make sure all stoves, ovens, and small appliances are turned off.
Every attorney’s skill level and experience is different, which is why you should research personal injury attorneys before retaining one. This includes asking family and friends for referrals because often, the best attorneys don’t need to advertise.
The right lawyers will have the necessary experience to assess the viability of your claim, as well as the requisite knowledge to make sure the claim is winnable. This includes conducting a proper and thorough investigation into the facts of disputed injury claims.
As examples, three supposed eye-witnesses to an accident may present three different versions of events. It takes a trained attorney to know what questions to ask and how to ask them to get to the truth.
Certain intersections have cameras/video, as do the interior and exterior of many drinking establishments and supermarkets. The captured video is not saved indefinitely, so an astute attorney reaches out to ensure preservations of such evidence if applicable to one’s injury claim.
Moreover, insurance companies pay as little as possible and often use your own words against. The right attorney would not let them take advantage of you.
For example, insurance companies will often offer unrepresented claimants reimbursement of their out of pocket medical expenses, which may be limited to a Health Plan co-pay.
However, Arizona has a Collateral source Rule, wherein the insurance company does not reap the benefit if a claimant has a Health Plan (or other “collateral source”) that pays some of their medical bills. The adverse insurance company is responsible for paying the full amount of the charged medical expenses, regardless of what if any payments the provider may already have been paid.
Of course, without an attorney, a claimant would be ill equipped to challenge the insurance adjuster that doesn’t offer fair compensation for their injury?
They’d be at a distinct disadvantage were they to try and litigate their case on their own, both in terms of not knowing Arizona Civil procedure and in having to front their own litigation costs. When one has a qualified attorney, that attorney know when and how to litigate a case, and will advance the costs.
Just how important is it to get the proper medical treatment after being involved in a car accident?
Proper medical treatment is key when you have sustained any type of injury. Why?
Well for starters, you need to get the best care and advice, to help you heal from any injuries that you’ve sustained. That is ALWAYS #1.
Next, are your injuries due to the negligence of another? Are you going to seek payment of your medical bills from the insurance company for the responsible party?
Insurance Adjusters Are Just Looking For Excuses to Deny Your Claim:
That’s right. Like it or not, the insurance will not want to pay out on a claim they are rightfully and legally supposed to pay out for.They will first explore every way they have to deny your claim. If they cannot deny, then the next goal is to pay you as little as possible.
Insurance adjusters look for excuses not to pay out because it costs the insurance company money. The insurance adjuster will rarely give you the full value of a personal injury claim. Rather, they will attempt to drag out the case for as long as possible, hoping that you will become so fatigued by the process that you will drop out before they do. This sort of thing happens much more when the victim’s course of medical care is spotty, delayed or inconsistent.
#1: If you wait “too long” (in the insurance company’s opinion) to seek care: “You were not hurt. If so, you would have sought care right away. What else happened to you that you are now trying to blame on this crash/fall/other?
#2: If you seek care, but there are long gaps between visits: Well, you were obviously not hurt that badly, and your claim is worthless.
If a victim does not have health insurance, then they may not be able to afford proper medical care. The good news is that an experienced injury law firm can help find medical providers to provide care at no out of pocket cost and wait for payment when the case settles.
If this is you, do not wait because you don’t know what to do. (See #1 above)
Insurance companies will use and argue anything that benefits their cause—anything to deny or lowball a claim.
This tactic causes a lot of people with good cases to drop their case and instead move on with their lives – just because they do not understand how our system works.
Don’t let this happen to you.
Call us. Understand your rights and options. Get educated. We can help you make the right choices in your injury case.
A deadly wrong-way crash along the Loop 101 freeway in Phoenix Tuesday morning raises new questions about driver safety.
A recent study shows that from 2004-2014, there were 245 wrong-way crashes in Arizona, resulting in 91 fatalities.
The high number of wrong-way crashes prompted Arizona's Department of Transportation to put up hundreds of oversized "wrong way" - and "do not enter" signs along freeway off-ramps in hopes of getting drivers' attention.
But it's not always enough, especially with the number impaired drivers out on the road.
Some motorists have wondered whether metal bar stop sticks you see in parking garages, could be used to stop wrong-way drivers.
ADOT's Doug Nintzel doesn't think so.
Nintzel said that studies have been done showing the stop sticks are not a good option.
"They don't hold up," said Nintzel. "The spikes wind up breaking off and it becomes a safety issue for drivers and other vehicles, and can affect the ability for first responders who sometimes go the wrong-way on an off ramp."
ADOT officials are now working on a Wrong Way Vehicle Detection System that would use existing sensors to alert authorities and other motorists that someone is going the wrong way.
A prototype of the new technology is expected to be tested along Interstate 17 sometime next year, Nintzel said.
NOTE: Arizona is way behind in dealing with these crashes.
DID YOU KNOW: California has had a system in place to track wrong way collisions since 1985. As a result of those efforts, the number of wrong-way crashes has been reduced by more than 50%.
This should be enough for Arizona to know: If it were tracking these crashes, similar reductions could be obtained, making it probable that any given collision could be avoided. Instead, Arizona continues to simply “study the problem.”
