Zachar Law Blog

Motorcyclist killed in crash in North Phoenix

Phoenix police say a motorcyclist has died after colliding with another vehicle in Phoenix on Wednesday morning. 

According to police, the crash occurred near 10th Street and Thunderbird Road where a man riding a motorcycle was headed westbound. Another vehicle was getting on Thunderbird from a private drive when the two vehicles hit. The motorcyclist reportedly died from his injuries. The driver of the other vehicle was not hurt.

Police say there are no indications yet on whether speed or impairment were factors. The investigating is continuing.

Despite the thrill of the acceleration, motorcycles are dangerous.  The main reason:  For some reason, cars just don’t notice them.

That is what likely occurred here.  Does that excuse the driver who pulled out?  No, absolutely not.  Motorcycles are legal, and other vehicles are required by Arizona law to yield right of way.

Absent speed or impairment issues, the driver of the car is likely 100% at fault here.

Our prayers go out to all affected by this tragedy.

[Related] What are the Motorcycle laws in Arizona?

It's High-school Graduation Season - What you need to know to keep your teens safe!

Graduations are an exciting time that calls for a celebration. With graduation season quickly approaching, it is crucial that parents and students understand how to have fun, while also staying safe.

When attending graduation parties, teens are often driving with friends, which puts all at risk. According to the National Safety Council, a teen driver’s chances of having a fatal crash are 48% higher when they have at least one other passenger in the car with them. When you add additional friends, the percentages go up.

Parents should stay actively involved in what their child is doing and keep open communication. The student should be reminded that all their actions have consequences and even though it is a time for celebration, they must be responsible.

Graduation Safety Tips For Parents:

1. Know who will be driving your child to and from graduation parties, and know who they will be with;
2. Find out where your teen is going, and call the parents to make sure it will be a parent-sponsored event;
3. Remind your children that, under any circumstance, you will be available to pick them up or help them;
4. Ask questions and keep in contact with your child while they are out;
5. Set a curfew and give your child rules that they must follow.

Graduation Safety Tips For Graduates and Friends:

1. Never drink and drive, or get in the car with anyone under the influence;
2. Remember you can always say “no” and do not have to do anything you do not want to do;
3. Be responsible; you have proved a level of maturity by four hard-working years in high school.  Don’t blow it all in celebrating your accomplishment;
4. Watch out for your friends and have them do the same for you; you have been doing this for four years anyway.  Keep it up;
5. Never be afraid to call your parents or a trusted adult.  We love you and are here to help;  
6. Put the phone down; distracted driving is becoming an epidemic, and a dangerous one. Put the phone down when you’re behind the wheel.

The graduation season is a time for family, friends and a celebration of the awesome accomplishment of graduating from high school.  It is also an occasion to look forward and be excited about the big change and next step in your life:  College.

Be smart, be mature, and celebrating your accomplishment, but do so responsibly. This is a big step on the way to the rest of your life. Get there safely.

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Can you settle your own personal injury claim without the need of a lawyer?

I am asked this question a lot.  So let me answer it:  Yes.  

But that is not really the right question to ask.  The right question is, should you try to settle your own case without a lawyer?

I am not a plumber.  I have no education or experience in fixing pipes or plumbing fixtures.  I wouldn't even try because I would be guessing.  And, if I turn that wrench too far, THEN I really need a plumber and the repair will likely be far more expensive.

In the law, in personal injury cases, we have to deal with insurance company personnel.  Have you any experience in going this? What do you tell them? What should you not say? Too much information and you could seriously damage your case. Then find a lawyer?  At that point, it may be too late.  

Once you have said things you should not, there is no taking it back.  The repair does not get more expensive (like a sink), it becomes impossible.  Say too much, or the wrong thing and even the best lawyer cannot help your case.  

Can you handle your own? Again, yes. Should you?  

Before you do, find an experienced trial lawyer.  Talk about your case, an initial consultation is usually free. Get the facts, get educated. Then decide.  

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House speaker revives texting while driving ban for teens in Arizona

The Republican speaker of the Arizona House has revived legislation banning texting or other cell phone use by drivers with only a learners permit or during the first six months teenagers have a regular license.

Speaker J.D. Mesnard's action Monday came after he replaced Rep. Phil Lovas as chairman of the Rule Committee. Lovas had blocked the texting bill until resigning his seat last week to take a job with the Trump Administration.

Mesnard said he plans on putting Senate Bill 1080 up for a vote in the full House and expects it to pass. The proposal by Sen. Karen Fann has already passed the Senate.

[Related] What are the current texting and driving laws in Arizona? 

REALLY? Banning texting from a driver with a learner's permit???

Did you know it is illegal for a person with a learner's permit to drive without an adult 21+ years old in the car with them? So, while the learner's permitted driver is driving while texting, what is the adult who is supposed to be supervising doing????

If a police officer actually ever caught someone like this, the learner's permit should not be able to get a license until no less than age 18, and the adult should be arrested for contributing to the delinquency of a minor.

Does the bill say this? If not, then don't waste our time. In fact, don't waste our time anyway.

Throw out this ridiculous bill, and quit pretending you trying to do something to making all people in Arizona safer.

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Car accident injuries: How is compensation determined for your injuries?

When one is the victim of a motor vehicle crash, AZ law allows that person to obtain payment of the damages that are caused by the at-fault driver,  damages include medical bills, lost wages, property losses and pain and suffering related to injuries.  

An experienced injury lawyer is the best help for a victim of a crash to determine what the case is worth and what the at-fault driver or their insurance company should pay to properly "compensate".  

Once we calculate the out of pocket losses, called "special damages", and we know or have a good idea regarding the nature, extent, and duration of the injuries and their effect on the victim's lifestyle, we can begin to place a value on the personal injury case.

There is no magic formula and no book which tells us what a case is worth. The most important things a good lawyer has to determine value is 1) experience, 2) experience and 3) trial experience.  Short of this, you are guessing.

If you are looking for assistance for your injury case, look for an experienced injury lawyer.  Look for a trial lawyer.  Best yet, find a lawyer who has been recognized by the State Bar of Arizona as a Certified Specialist in Injury and Wrongful Death law.

These lawyers are the top 1% in their profession. You'll be in very good hands.  

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Do you really need a car accident lawyer to deal with insurance companies?

I have no health insurance how am I going to pay for medical care after being involved in a car accident?

How long does it take to settle an auto accident claim? Here's what you need to know.

The length of time it takes to settle a personal injury accident case depends primarily on three things:

1. Nature of the injuries;
2. Extent of the injuries; and
3. Duration of the injuries.

Once these are known, your case can move forward. Provided......

Who is your lawyer? Is he an experienced injury lawyer, or another type who dabbles in some injury cases?  Is he a personal injury trial lawyer?  Is he recognized as a Certified Specialist by the State Bar of Arizona? Has he handled cases like yours?  Has he dealt the with the same insurance company before?  

The 3 things above are important. The factors below them are even more important. 

Find the right lawyer for you. Make sure he is a Certified Specialist in Personal Injury and Wrongful Death law. He will be able to answer ALL of your questions, and he will get your case the best result.

Remember: Having the right lawyer will make all the difference in your personal injury case. This is a fact. Choose wisely.

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Prom Time: Safety Tips to keep your teens safe this time of year!

April is prom season. It's a special time for all high school students to experience something that they'll likely remember forever.

Don't let the experience turn tragic. Here are some tips to offer your teens to be safe this prom season.

If your teen is planning on driving their own car for prom, make sure they are prepared:

- Limit the number of teens that are going to be in the car. Distraction can be tragic can behind the wheel;

- Make sure your teen knows the rules of the road, make sure there are seatbelts for everyone and that everyone in the vehicle wears their seatbelts;

- Make sure your teen is familiar with driving at night. Safety is paramount;

- Drive alert. Your teen must always stay alerted while driving. Complacency can be dangerous. Make sure your teen has a safe curfew to keep from being tired behind the wheel;

- DON'T DRIVE DRUNK!  Not only is underage drinking is illegal, but it's dangerous. JUST DON'T DO IT.

Prom Safety Tips for Parents:

- Make sure you know where your teen is. Have an itinerary of where they will be—no exceptions;

- Decide on a curfew for your teen. Make sure they abide by it;

- Express to them that you trust them, and make it clear that “trust” is something that must continually be earned and re-earned;.

- Possibly decide on a limousine/shared parental transportation/Uber/Lyft for your teen. This will eliminate so many variables.

Talk to your teen, and get all of the rules clearly understood.  

Prom is supposed to be a FUN time. Don't let it get overshadowed by bad choices or bad circumstances.

Download our free teen and parent contract:

We've compiled a free prom night contract that you can use with your teen to ensure they follow the rules of safety. You can download it here.

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Arizona DPS: Distracted driving is leading to traffic accidents

The Arizona Department of Public Safety is renewing enforcement of distracted drivers, focusing on violations such as speeding, following another vehicle too closely and failing to use a turn signal when changing lanes.

“Our hope is to reduce crashes and save lives by bringing more awareness of the cause and effect of distracted driving, One of the things we have done over the last year is to better track those violations as a result of distracted driving so we can evaluate those numbers to better guide our enforcement efforts,” a DPS spokesman said.

Distractions noticed include eating while driving and interacting with other passengers and cell phone use, which is more common among younger drivers.

“Millennials…grew up texting and having cell phones, and that is more of a habit for them and a common theme for them to have, so maybe we see that with them in the vehicle and feeling comfortable using some of those devices while driving because they have always had one.”.

Millennials are the most dangerous behind the wheel according to a AAA report. They are 1.6 times more likely to read a text while driving and also twice as likely to send one.

Arizona is only one of two states that do not have a ban on texting while driving. Why?   The only state law is a ban on bus drivers who cannot use their cell phones.

Phoenix, Tucson and Flagstaff have a ban on texting while driving, but it is rarely enforced.

Needless to say, DISTRACTED DRIVING dangerous and it needs to stop.  Law enforcement generally can only punish after the incident occurs.  Clearly, that is too late.

Everyone, we must all recognize that distracted driving stops with us.  So, PUT DOWN YOUR DEVICE, get to your destination safely.  Whatever it is, it can wait.

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Arizona is now the third deadliest state for pedestrians: The staggering statistics

Pedestrians killed in Arizona is on the rise. The statistics are alarming.

Data from the first half of 2016 illustrate that the number of deadly crashes in Arizona increased to a staggering 12.8 percent. From in the first half of 2015 to 97 in the first half of 2016.

With those 2016 figures, Arizona is now third on a list of states with the most pedestrian deaths per capita. (Governors Highway Safety Association)

The Director of the Arizona Governor’s Office of Highway Safety says: “You know, I cannot pin it down, but I can tell you that I see some of the consequences of people that do stupid things.” Cell phone use is likely the primary cause of the problem, distracting both drivers and pedestrians.

Across the country, GHSA projects there were nearly 6,000 pedestrians killed in 2016. That is the largest number in more than two decades.

82 percent of pedestrians who are hit and killed by cars are struck outside of an intersection.
Arizona recently secured a $785,000 federal grant to address pedestrian and bicycle fatalities. The state will spend the money on added enforcement, plus an education and awareness campaign. Part of the education campaign will include wrapping buses and light rail with messaging.

Arizona, Florida, and Tennessee were the only states to receive the grant from the National Highway Traffic Safety Administration.

In THE Phoenix area, we always have a lot of pedestrian traffic. As a driver on the roadway, even if you have the right of way, be careful.

No one wants to be in an accident, particularly one where another person or pedestrian is badly hurt---regardless of who might be at fault.

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