Zachar Law Blog

What if I am injured in a hit and run auto accident? What do I do?

Despite the very real criminal and legal repercussions, some driver’s flee following an accident, leaving a victim with anger, despair and few alternatives. Whether the at-fault driver stays or flees, the first thing you should always do is to report the accident to local law enforcement. That way they can investigate the accident and create a report, providing proof that the accident was not your fault. If the driver flees, you can describe the vehicle or plate number. Assuming the driver is not apprehended, and their identity remains unknown, what is the next step to take?

Report the incident to your own automobile insurance company. It is likely though not certain that you purchased a policy that includes uninsured motorist coverage (commonly referred to as “UM”). Arizona law does NOT require drivers to purchase uninsured motorist coverage, but most drivers do purchase it. If you did, then your claim is covered (up to the amount of insurance you purchased) by this specific type of coverage.

Thus, instead of claiming with the at-fault driver’s policy (which you would not know), you make it with your own insurance company. Claiming the UM provision of your policy should not increase your insurance premiums. Arizona enacted the following statute to prevent insurers from increasing your rates due to an accident that is not your fault” A.R.S. § 20-263, which states the following: “No insurer shall increase the motor vehicle insurance premium of an insured as a result of an accident not caused or significantly contributed to by the actions of the insured. Any insurer which increases the premium as a result of accident involvement shall notify the insured of the reason for such increase.”

As long as you ensure that you have uninsured motorist coverage, the fact that a driver fled and remains unidentified should not be a concern.

Chris Zachar featured as a guest on the "Ask the Expert" Podcast! Listen in!

 

Christopher Zachar was recently featured on the Steven Sleeper Podcast to discuss the many different facets of personal injury law in Phoenix, Arizona. Personal injury law can be an extremely complex matter. Chris Zachar not only goes over the details regarding a step by step process on how to handle a car accident, but he also discusses the many issues of dealing with car insurance companies as well. 

Be sure to listen in! 

Texting and Driving May Soon Cost You...

Punitive damages are widely used in civil litigation to deter reprehensible conduct.  Is the time coming for this measure to apply to texters and motor vehicle crashes?

It is hard to hold drivers responsible for their reckless conduct and get a punitive damages award primarily because judges rely on older cases to deny victims the availability of this type of damages award. 

But, with the epidemic of distracted driving accidents, is the tide turning?  A bunch of new state laws that more clearly target driver texting may look to push the punitive damages question in front of judges and jurors.

“In the 1960s, drunk driving was the paradigm case for punitive damages in automobile cases; texting while driving may become the paradigm case for the 21st century,” said Catherine M. Sharkey, a professor of law at New York University School of Law.

Punitive damages claims have two purposes: 

1. Punish the wrongdoer.  Rather than “compensatory damages” which are intended to compensate the victim, “punitives” are intended to punish for bad behavior. 
2. Deter bad behavior.  As more and more awards occur and become know, it will become a deterrent to others to avoid the same behavior.

Arizona plaintiffs’ attorney Christopher Zachar, a longtime advocate of victims in motor vehicle crashed and vocal against distracted driving says that distracted drivers seldom face jail time and fines are minimal. 

“There are no teeth in Arizona law for distracted driving,” Zachar says.  As such, there is no real deterrent to the driver who is going to do this. 

The threat of punitive damages can change the equation when it comes to preventing texting and driving.  With punitive damages, distracted drivers who put the public and themselves at risk by driving while distracted would now also be putting their life savings, retirement, home, car, boat and kids’ college funds at risk.  If someone causes a crash and the punitive damages aren’t covered by insurance, then the punitive damages will have to be paid out of pocket.  (Gulp.)

Texting and Distraction

More than 3,400 people were killed and 391,000 hurt in crashes on U.S. roads in 2015 that involved a distracted driver, according to the National Highway Traffic Safety Administration.  The federal auto safety regulator found in other research that driver texting is on the rise for all ages, but the highest rate is for those between 16 and 24, and a 2017 study by the AAA Foundation for Traffic Safety found that 87.5 percent of respondents believe distracted driving is a bigger problem now than in past years.

Sending or reading a text takes your eyes off the road for five seconds, NHTSA said. “At 55 mph, that’s like driving the length of an entire football field with your eyes closed,” NHTSA said.

Distracted driving can be categorized three ways:

1. Where the driver’s hands are off the steering wheel;
2. Where the driver’s eyes are off the road; and
3. Where both the driver's mind and focus are diverted.

Texting involves all three types of distractions

Punitives Exceedingly Rare

Despite the seeming disgust with distracted driving, juries are almost never allowed to assess punitives after a driver is found to have caused injuries while texting.  Indeed, it is a hit and miss as to whether the trial judge will even allow this issue to go to the jury.

Zachar says he is not sure he has even heard of a jury verdict awarding punitive damages against a driver in a texting injury case.

“This is a newly and rapidly developing theory of the law, although, not rapidly enough,” Zachar said.

Judges historically require additional factors before punitive damages are allowed against a driver (i.e. drug/alcohol influence).

But, as societal views against texting while driving become more discontent and angry, judges and juries are likely to follow suit and be more likely to impose money damage punishments in crash cases.

In 2006, no state banned texting while driving. Currently, 47 states and the District of Columbia ban text messaging for all drivers, according to the Governors Highway Safety Association.

Arizona?  Yep, we are one of only three states that have no law against texting and driving.  Our legislators say we “don’t need another law on the books”.

Really?  Wake up Arizona, and wake up all Arizona drivers.  This area of the law is changing, and soon, people will be paying the price when they cause an accident due to distracted driving.

Arizona has a pedestrian accident crisis: Something needs to be done.

In the past month, there have been 10 pedestrian traffic fatalities in the Phoenix metro area, and two more people were left in critical condition during that period.

The deaths continued a deadly state trend noted in a national report released on March 1, when the Governors Highway Safety Association reported Arizona had the highest rate of pedestrian fatalities in the nation.

Three people died, and one person was critically injured when an SUV hopped a curb and struck four pedestrians in March, according to a Maricopa County Sheriff's Office spokesman.

That accident came a day after two pedestrians were struck and killed by cars in separate accidents in Scottsdale and Tempe.

On March 9, three pedestrians were killed in separate collisions, two early that day and one that evening in Phoenix.

On March 5 and 6, two pedestrians were killed and one critically injured in three separate incidents in Phoenix.

“This is horrible. This is a major crisis that we have here in Arizona," said Alberto Gutier, director of the Governor's Office of Highway Safety in Arizona. "I am horrified because I've seen for the last two years the increase of pedestrian fatalities going up," Gutier said. "The state is doing the best they can. Cities have marked crosswalks; they have signs that say, 'Don't cross here' and they still do it."

He added: "People think that they're invincible and they cross."

Comment: I do not believe for one moment that people ‘think they are invincible’. That is not why these things happen.

Inattention? Distraction? Feeling in a zone of safety (crosswalk) and assuming the driver will obey rules of the road (stop for a pedestrian in a crosswalk?).

For those killed or injured when the car jumps the curb, you cannot argue that the injured people felt ‘felt invincible.’

For pedestrians on the road, likely one of the above reasons is the cause or contributing factor—not because they “felt invincible.”

Should pedestrians be more careful when crossing a roadway? Yes. Regardless as to whether they have the right of way, a crosswalk is not a “forcefield.”

Remember, car v. Pedestrian: The pedestrian ALWAYS loses.

Source: AZCentral

What factors would cause my personal injury case to go to litigation?

You have sustained injuries from a car accident or other event.

Your hope is to present the claim for your injuries and damages and have the insurance company pay an acceptable value in a reasonable period.

If neither of these occurs, then you have two choices:

1. Accept the last offer; or
2. File a lawsuit to seek what they should be paying you.

“Litigation” means “lawsuit.” It means you are filing papers to establish a formal dispute in a court of law.

When do you know it is time to file a lawsuit? Here are the possibilities:

1. There is a denial of fault for causing the accident or causing your injuries: The only way to resolve these disputes is through litigation;
2. The insurance company offer is not good and will not get any better: They want to try and buy you off cheap. Don’t fall for it; and
3. You are running out of time: ALL cases have time limitations. Do you know yours? Miss it, and your case is gone—forever.

No one enjoys or looks forward to being involved in a lawsuit, but sometimes it is necessary to obtain a just recovery for our clients.

Contrary to what insurance companies want you to believe, lawsuits are not “bad” and not only filed by “greedy people looking for money.”

Indeed, did you know that our court system is nothing more than a formal dispute resolution system?

Our forefathers knew that to live in a peaceful, free and orderly nation, we needed to have a peaceful means of resolving our disputes. Hence, our courts.

Questions: Please feel free to call me at 602-494-4800 or email me at czachar@zacharlaw.com.

What happens if you’re in a car accident but a police report was never completed?

Driving down the road and another vehicle turns left in front of you.  You try to stop, but cannot and a crash occurs.  What should you do?

#1:  Call the police, and wait.

#2:  Exchange information with the other driver (name, phone number and insurance information), and wait for the police.

#3:  Hope the police do not take too long to get there. 

Why so important to wait for the police?  Here is why:

It is our experience at the scene of the crash, people are upset, scared, emotional and more likely to be apologetic for what happened. If the police come to take the information for their report, they are more likely to get the true story from the people involved.  Not always, but often.

When the police get this information and record it for the report, it is really hard to change things. 

However, once people leave the scene, they talk to others:  Family, friends, co-workers, etc…, and stories about what happened can change.  Before you know it, the at-fault driver has created a story that is 1) consistent with the damage to the vehicles but 2) has you as the at-fault driver.

WHAT??!!!  What happened?  After they left the scene, they talked to family, friends, co-workers, etc… and their version changed.  Now they are in a money-saving mindset—they do not want their auto insurance to go up for having caused a crash.

So, if possible and the time frame reasonable, wait for the police. If the other driver just wants to exchange information and leave, be nice, and agree if they are okay to allow you to use your cell phone to record (video) the other driver admitting fault. 

Car accident and police report not completed?  It may not be a big deal, but generally, if you are the innocent party you want to wait for the police and get it done.

Why cheap insurance is not a good option: What you need to know.

 

Arizona’s financial responsibility act requires that motorist purchase coverage from a licensed insurer for no less than the following amounts: (1) $15,000 bodily injury or death to a single person; (2) $30,000 bodily injury or death of two or more persons; and (3) $10,000 for injury or destruction of property of others in any single accident. A.R.S. § 28-4009. No other insurance coverages are required. This is the minimum amount of insurance a driver may purchase, but it does not need or address critical issues that can and often do arise in an automobile accident such as (1) which insurance companies to purchase from or (2) what other damages could occur; and (3) are the amounts adequate to protect you in a real-world situation.

Cheap insurance is an opinion based concept, but it implies a less expensive monthly, bimonthly or annual premium. It also means insurance coverage from a company not widely known and/or a policy that complies strictly with only the minimum coverages required by Arizona law. This blog will not address which insurance company is “best” as many of them are similar and offer varying degrees of benefits and detriments, often having little to do with how they handle or pay a claim. Instead, this blog will address the types of coverages and policies that are “cheap” and why you should avoid such policies.

A “cheap” policy is one that adheres only to the minimum requirements of the law. In other words, one that protects the driver (insured) just if the driver is at-fault for an accident, and only covers the property or injuries caused to an innocent driver, and only up to a certain amount. Such a policy would not protect you from (1) injuries caused to another driver that is greater than $15,000 or greater than $30,000 if more than one person was injured; (2) for damage to vehicles greater than $10,000; (3) from drivers that caused your injuries or property damage if they and not you were at-fault, or (4) for injuries you incurred that are greater than the amount of his/her (other driver’s) insurance coverage.

If the damage or injuries you caused exceeds the amount of your policy coverage, you are personally liable for the difference. Personal liability for the excess amount can lead to wage garnishment, bank garnishment and even the sale of your vehicles or house (in some instances). This is exposure to damages you may have caused. Also, “cheap” insurance does not protect you against damages another driver may inflict upon you. For example, if you have no collision coverage on your vehicle, you may have to pay for your property damage should the other driver have no insurance (uninsured) or only minimum limits for property damage ($10,000). If the driver that struck you caused damage to your vehicle and other vehicles in the same accident, all of you would be claimants on the same $10,000. Thus, you may be stuck paying the difference out of your pocket. Also, if you were injured by an uninsured driver, there would be no coverage available to compensate you for your medical bills, pain and suffering and other damages you would ordinarily be entitled to under Arizona law. Uninsured motorist coverage in a sufficient amount would protect you against this possibility. Also, if the driver that injured you only carried “cheap” insurance with minimum limits, any expenses and injuries more than $15,000, would have to be paid for by you. Purchasing underinsured motorist coverage in a sufficient amount would protect against this possibility. In addition, underinsured motorist coverage follows you, not the vehicle. This means that if you were injured by another motorist, even if you were not in a vehicle (i.e. riding a bicycle or walking), underinsured motorist coverage would protect you if the at-fault driver had a policy with limits that could not cover for the full amount of your bodily injuries.

Paying for cheap coverage is perfectly fine as long as you can see the future and know that your future is accident-free. Unfortunately, we live in a world where most people drive vehicles, are not adequately insured, and cause accidents. Saving money on auto insurance is not a financially sound decision.

Read More: How well do you know your Arizona auto insurance policy?

Plane Crash in Scottsdale, Arizona Claims Six Lives

 

Six people are confirmed dead after a plane crash in Scottsdale on Monday night. According to Scottsdale Police, the crash happened on the TPC Scottsdale golf course near Bell and Hayden roads at approximately 8:45 p.m.

A  Piper PA24 originated from Scottsdale Airport near Hayden Road and Frank Lloyd Wright Boulevard (which is just across the street from the golf course) and crashed shortly after takeoff.  There were six people aboard the plane.  No one survived. 

The names of the individuals involved in the crash have not been released at this time. 

The National Transportation Safety Board (NTSB) is at the scene of the crash and is investigating. 

LIABILITY?

Well, something went wrong.  Poor maintenance?  Pilot error?  Part failure?  Other? The NTSB is on scene and will perform a FULL investigation. 

Our hearts go out to the families and loved ones affected by this tragedy.

Source: ABC15.com

How do you pay for expenses after suffering a personal injury?

Suffering a personal injury creates unexpected medical bills, time away from work and often the loss of a vehicle for some weeks (if your injury was due to a car accident).  How does one pay for these expenses and losses?

Medical bills are often the single biggest expense in a personal injury claim.  The best way to address or combat this expense is to utilize your health insurance, just like you would have you been injured in any other manner.  Your health insurance should cover your medical expenses, through your deductible or co-pay will still have to be paid by you, though this is often much less expensive than the medical bill itself.  If you do not have health insurance to cover the expense, some medical providers may be willing to provide you treatment on a lien basis.  This means the provider is willing to forego immediate payment for their services and recoup the expense out of your recovery from the person who caused the injury.  This is common for chiropractic treatment and even physical therapy, though it can be arranged by other medical providers as well, including treatment for diagnostic services (x-rays, CT scans, MRIs, etc). 

Lost wages and other damages you may suffer such as pain and suffering, loss of enjoyment of life, etc. can also be claimed against the person that caused the damages, but full recovery would not occur immediately.  This is because a resolution can either happen by settlement (agreement), arbitration or trial.  Insurance companies that pay for the fault of their insured’s do not resolve these types of damages piece-meal or as they occur.  Instead, your claims would be resolved all at once- with one amount to cover all of your claimed damages.  Thus, costs you have for medications, medical bills or lost wages, would be paid with one sum at the time your claims are resolved, leaving you with unpaid expenses until the case is resolved. 

Property damages (such as a vehicle requiring repair or replacement) is a separate claim for bodily injury (medical expenses, lost wages, pain, and suffering, etc.).  Because it is treated as an independent claim, your property damage claim can and is usually resolved early in the process, leaving your bodily injury claim as a separate damage claim.