One man has died following a jet-ski collision at Canyon Lake on Saturday.
The Maricopa County Sheriff’s Office responded to the crash just after 9:30 a.m. One of the riders was taken to an aid station but was pronounced dead there.
According to the Sheriff's Office, the scene has been cleared and the crash is being described as a tragic accident because both riders knew each other.
Alcohol and drugs do not seem to be factors contributing to the crash, but the investigation is ongoing.
All day every day, we have a responsibility (the law calls it a "duty") to act reasonably to avoid causing harm to others. When we fail to do so (I.e. paying more attention to our phone than the road) and harm results to another, the law call that "negligence".
Negligence in causing harm to others on the road makes the wrongdoer responsible for the harm caused (the law calls this "liability").
The rules are the exact same on the lakes and rivers in Arizona. If someone is negligent and causes another harm, then he is liable to pay for the harm.
What happened on Canyon Lake? We don't know enough from these facts, but the investigation will bear out the truth.
Is there anyone liable for the death of this jet skier? Time will tell.
Scenario: You are driving down the road and all the sudden something falls off another vehicle and/or your vehicle strikes an object in the road that should not be on a road or highway.
There's property damage to your vehicle and you are injured and need medical attention. However, there is no way to determine the identity of the driver or vehicle that dropped the debris in the roadway. Do you have any rights?
Under Arizona law, sustaining injuries as a result of roadway debris, in a circumstance where the driver or vehicle who left the debris cannot be ascertained, qualifies you for coverage under your Uninsured Motorist policy.
You will need to prove that the debris in the roadway was more likely than not left by a vehicle for which the identity cannot be ascertained. This sounds easy enough, but is not always so. And I promise you, your insurance company will probably fight you on the claim.
Insurance companies are supposed to exist for our protection. But when it is time for you to make a claim, to obtain the financial protection you purchased and continue to pay for, you are in an adverse position to your insurance company.
If they can pay you nothing, they'll pay you nothing. If they know they have to pay something, then they will do what they can to pay you as little as possible. How do you protect yourself?
Contact an experienced personal injury lawyer. Remember, almost all personal injury attorneys do not charge a consultation fee. So, why not take the time to ask questions and educate yourself, and then decide if you really need to hire an attorney or whether you are comfortable in dealing with an insurance company on your own?
Keep in mind, dealing with insurance companies can be a very risky business. Get educated and informed, and then make the best decision for yourself.
The unfortunate has happened. You have been involved in a motor vehicle crash that you did not cause. You have injuries and you will be presenting a claim for your injuries, medical bills and property damage to the insurance company for the at fault driver.
Within a few days, you receive a call from the at fault driver's insurance company. They tell you they need to get your version, and they will be recording it. Sometimes, they tell you that they cannot even open their claim file until they get your version.
Question: Under the circumstances, should you talk to the at fault driver's insurance company?
Answer: Be very careful.
There is no dispute that the at fault driver's insurance company is not on your side and is not looking to protect you. They are looking to protect their own insured.
Remember, they are in the business of insurance – you are not. So, what should you say? What should you not say? You don't really know because you've not been through this before. However, the at fault driver's insurance company has been in the business for years and has evaluated many, many claims. They know what they would like to get you to say. Even little admissions, caught on the recording, could have a serious negative impact on your personal injury claim. So what do you do?
Our strong recommendation is that under these circumstances, you NEVER talk to the other driver's insurance company. Because you do not know what to say or what not to say, you could be (innocently) jeopardizing your personal injury case. Again, the other side’s insurance company will look for every angle to try to save money. If they can pay nothing, they'll pay nothing. If they can't pay anything, they want to pay as little as possible. Getting admissions on a recording from you early in the case is part of the goal of every insurance company in this business.
Strong recommendation: If and when the at fault driver's insurance company wants a recorded statement, JUST SAY NO. If then they refuse to continue to deal with you on your claim, hang up and immediately seek the help of an experienced personal injury lawyer. Look for a lawyer who is a Certified Specialist in Personal Injury and Wrongful Death.
The other side’s insurance company is never on your side. If you decide to deal with them on your own, despite the information provided herein, we wish you the best.
Negligence is a term of art. In other words, it has a different meaning in the legal profession than it does in the world at large.
In legal terms, to be negligent, a driver must breach a duty of care owed to other drivers (or people on the road) and the breach must be a cause of the victim’s injuries. The care owed is to act as a reasonable driver would act in a given circumstance.
The standard of care owed may also be set by law. For example, a driver turning left must yield to oncoming traffic. This duty, while consistent with most peoples’ understanding when making a left turn, is a traffic law. Failing to abide by this law is evidence of negligence.
It’s this concept of duty and breach of duty that most people think of when they use the term negligence. This is considered the “fault” or “liability” portion of the concept of negligence. A driver rear-ended me, therefore the driver is negligent, i.e. at fault. Any action a driver takes that most people would consider improper is probably going to be considered “negligent.”
These include actions like (1) running a red light; (2) merging into a lane already occupied by another vehicle; (3) turning left onto oncoming traffic, or failing to yield to oncoming traffic; and (4) running into the rear of another vehicle. These are just a few of the many types of actions that would make a driver at fault for an accident.
Negligence is not just about the “fault” or improper actions of a driver. In order to be “negligent” a driver’s improper actions must also lead to the injuries (or damages) of whoever is claiming the driver to be negligent.
If the “at fault” driver does not injure or cause damage to anyone or anyone’s property then the driver is not negligent. There have been many jury verdicts against accident victims even where the at-fault driver admits he or she caused an accident.
Proving the fault of a driver is not enough. An accident victim must also prove that he or she was injured and that it was the other driver’s actions that caused the injuries. If a jury determines that the victim did not prove this, then they must find in favor of the at-fault driver, even if the driver admits he or she caused the accident (i.e. was at-fault).
Yes. However, if you retain a lawyer for bodily injuries, the lawyer will typically assist you with your property damage claim, which can include a claim for diminished value.
A lawyer will usually decline representation if a person was not physically injured in an accident because most lawyers do not take compensation for work performed on property damage recovery.
If the car is not “totaled” by the insurance company and is instead repaired, the client will likely have a claim for diminished value. The loss of the value of the vehicle does require an expert to provide an opinion of the amount the vehicle’s loss in value, typically done through a report.
A client can, without a lawyer, contact and retain an expert to assist them in making the claim to the at-fault driver’s insurance. A lawyer usually has a better understanding of the claim and access to experts which clients typically lack.
Authorities are seeking information after a teen was severely injured in a hit-and-run boating incident on Bartlett Lake on Saturday afternoon.
Shortly after 1 p.m., a speedboat collided with a 15-year-old male operating a personal watercraft. The teen was severely injured and was being assisted by nearby patrons when the speedboat and its occupants left the scene.
MCSO Deputies are looking to speak with the owner and operator of the at large boat. It described as light gray, with charcoal and black tones and a black canopy top.
BOATING LIABILITY: It is really no different than your liability for driving a car.
Everyone is expected, whether on the road or on the water to operate their machine in a safe, reasonable and prudent manner. When you fail to do this and cause injuries or damage to another, the law says that you must pay for the damage.
Responsible boaters have watercraft liability insurance. Same as car insurance. You cause another harm, your insurance will pay for it.
Watercraft insurance is not expensive because boating crashes are far less common than car crashes.
What happens here? Surely the investigation will continue. If caught, the owner/driver of the boat at large may face hit and run charges.
However, more importantly at this stage is making sure the injured person is properly cared for. Medical bills, lost wages and other losses.
We must be responsible for the operation of our machines on the road, water or anywhere. If we cause a crash, that same responsibility requires us to step up.
At Zachar Law, that is what we do. We make sure that the at fault drivers, and their insurance companies, step up to their legal responsibilities to pay for harm to our clients.
It's been a tragic couple of days. In Phoenix, two babies have died after being left in hot cars.
On Friday, July 28, 2017, a 7-month-old boy died after being accidentally left in a hot car in north Phoenix.
And on Saturday, the very next day, a 1-year-old boy died after also being forgotten in a car and was found in a church parking lot near 28th Street and Broadway Road.
"These are hard calls," Phoenix Fire Capt. Rob McDade said. "When you see a lifeless infant still in a car seat and you say to yourself that family tried to do everything right they were in the car seat, working two jobs probably, grandma, grandpa's helping out aunt, uncle, it just breaks your heart”. In light of these tragedies, the Phoenix Fire Department says they are working to re-brand a message to try and raise awareness in order to avert such catastrophes.
Parents have to be diligent. If you hand off that child to a family member, say, ‘Hey, I'm gonna call you. You text me the minute you get to the house and I want to make sure you have that child’. You check three times in the back. The Phoenix Fire Department tells us the common thread in these types of incidences is some kind of distraction or change from a normal routine, or the child has been left with someone that is not used to having a child in the car with them daily.
Here are some very helpful reminders (provided by the Phoenix Fire Department):
These hot-car tragedies often occur when there is a change in a driver's routine, stress or a sleeping baby in the back and a parent or caregiver forgets that a child is in the car. Some knowingly leave children "just for a minute," not realizing how quickly the temperature in a car can rise to dangerous levels. Even on a 70-degree day, the inside temperature of a car can exceed 120 degrees even with windows partially open.
The Look Before You Lock campaign is a collaborative effort started a couple years ago with The National Fire Safety Council and Consumer Reports. It was founded as a way to help people remember their children in the back seat. Here are more tips to help avert a heartbreaking catastrophe and make sure no child is left behind in a vehicle.
Simple rule: Never leave a child unattended in a vehicle, not even for a minute. In addition to being dangerous, it is against the law in many states.
Check the car to make sure that all occupants leave the vehicle or are carried out when unloading. If you lock the door with a key, rather than with a remote, it would force that one last look in the car before leaving it.
Always lock your car and keep keys and remotes away from children.
To serve as a reminder, keep a stuffed animal on the front passenger seat when carrying a child in the backseat.
Place something in the backseat that you would need, such as a purse, briefcase or cell phone.
Have a plan that your childcare provider will call you if your child does not show up.
If you see a child alone in a car, especially if they seem hot, call 911 immediately to help get them out.
As parents ourselves at Zachar Law Firm, we are just crushed when we see tragedies like these.
Often when these occur, family members turn to us for advice and professional legal help.
An investigation must be done; death certificates must be obtained; life insurance processing?
Also, there is generally insurance (home or auto) that will pay damages and expenses (funeral and burial) when this happens, but often people are not sure how to submit a claim and how to process it.
At Zachar Law Firm, we help families with these problems. Caring, compassionate and professional.
Attorneys that practice in all areas of the law often advertise that they provide free consultations. What does a “free consultation” mean or include? A consultation refers to the initial meeting between an attorney and client.
This usually consists of the potential client explaining the facts or the reasons they want to retain an attorney and the attorney letting the client know whether the client has a claim or defense based upon the facts provided.
This initial consultation will usually include the review of any documents the client brings to the consultation to enable the attorney to inform the client of the potential issues surrounding the case and to allow the attorney and client to determine whether the client and attorney should continue with a formal representation.
It is also a time for which the attorney will explain the fees his or her firm would charge and what the client should expect should the attorney be retained. Any consultation between the attorney and potential client, even if the client does not hire the lawyer, is protected by the attorney-client privilege.
