Zachar Law Blog

TOO MANY CAR-PEDESTRIAN CRASHES—WHAT IS GOING ON??

 

"Compared to last year, there's an increase, we recognize that," said Phoenix Police Sgt. Vince Lewis.

Phoenix police are working on a safety campaign to ensure both drivers and pedestrians are avoiding distractions and remaining vigilant.

"It's just a simple reminder for pedestrians, pedal cyclists, and drivers, to raise your awareness," Sgt. Lewis said.

At this point, there is no clear reason for the uptick. (Really?)

I have a theory:

1. Distracted driving;
2. Distracted driving; and
3. Distracted driving.

There is little doubt that distracted driving is now an epidemic in this country—even though we all consider ourselves to be safe behind the wheel.

U.S. fatalities from traffic accidents rose 7.2% last year to 35,092—the largest increase in 50 years—and distracted driving played a role in many of those deaths, according to National Highway Traffic Safety Administration.

Given how many drivers seem to be on the phone, applying makeup, eating, fiddling with radios or texting while merging lanes, this is (sadly) not a surprise to anyone.  And, the problem is just getting worse.

In a recent survey, nearly everyone (96%) of the survey respondents said he or she is a safe driver, but then 56% of the same group admitted to using the phone while driving.  (How many do but did not admit?  That number is likely much higher.)

The scary thing now is that our kids are growing up with a cell phone, attached at the hip and equivalent to “oxygen”. Have you tried to take one away from a teenager anytime lately???  OMG, you might as well be cutting off their ability to breath.  Being on their cell phone 23.5 hours a day is standard, and if you think that behavior changes when they are behind the wheel, you are likely wrong. 

There is little doubt it is an epidemic.  What can we do?  Laws against distracted driving (texting) would help, with a tough enforcement campaign. 

Arizona legislators, are you listening?

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.

HALLOWEEN SAFETY TIPS FOR 2019

Updated: 10/29/19

Every year, Halloween calls for our neighborhood streets to be filled with ghouls and goblins in search for a trick or treat. What a fun night for our neighborhoods—I have very fond memories of my trick or treat days.

However, with so many more people on the streets, it’s always important to take a few extra safety precautions.

The concept of “darkness” adds to the thrill of Halloween.  It happens at night, dark streets, dark clothing, etc… . 

Wearing masks can obscure a person’s ability to see what is already harder to see because of the “darkness” thing.

Below are a few tips that everyone can follow on Halloween night:

• Cross the street at corners, using traffic signals and crosswalks;
• Look left, right and left again when crossing and keep looking as you cross;
• Put electronic devices down and keep heads up and walk, don’t run, across the street;
• Teach children to make eye contact with drivers before crossing in front of them;
• Always walk on sidewalks or paths. If there are no sidewalks, walk facing traffic as far to the left as possible.  Children should walk on direct routes with the fewest street crossings;
• Watch for cars that are turning or backing up;
• Never dart out into the street or cross between parked cars; and
• Carry a flashlight and use it when you are crossing the street (you can turn it off when you walk up to a door for treats).

Children should always trick or treat with an adult.  Never alone!

If kids are mature enough to be out without supervision, they should stick to familiar areas that are well lit and trick-or-treat in groups.

Keep your costumes safe!

 Decorate costumes and bags with reflective tape or stickers and if possible, choose light colors;

Choose face paint and makeup whenever possible instead of masks, which can obstruct a child’s vision;

Have kids carry glow sticks or flashlights to help them see and be seen by drivers; and 

When selecting a costume, make sure it is the right size to prevent trips and falls. 

Drive Extra Safely on Halloween!

•         Slow down and be especially alert in residential neighborhoods. Children are excited on Halloween and may move in unpredictable ways.
•        Take extra time to look for kids at intersections, on medians and near curbs.
•         Enter and exit driveways and alleys slowly and carefully.
•         Eliminate any distractions (i.e. cell phone) inside your car so you can concentrate on the road and your surroundings.
•        Drive slowly, anticipate heavy pedestrian traffic and turn your headlights on earlier in the day to spot children from greater distances.
•        Popular trick-or-treating hours are 5:30 p.m. to 9:30 p.m. so be especially alert for kids during those hours.

 

EVERYONE, HAVE A SAFE AND FUN HALLOWEEN!!!

Teen severely hurt in Bartlett Lake collision

 

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.

Any questions?

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Is the time ripe to pass a motorcycle helmet law in Arizona?

Tucson Representative Randall Friese has proposed a law requiring motorcycle riders to wear helmets, with fines collected for violating the law going into a fund to help defray the medical costs of treating resulting head injuries.

The proposal includes a $500 fine for violators of the law. $300 of the fine will go into a fund that will pay for motorcycle head injury patients.

Shockingly, a similar proposed bill failed to pass last year. Arizona is a state of comparative negligence, so not only might a helmetless motorcycle rider suffer a serious head injury in a motor vehicle collision that was not their fault, but any claim against the at-fault driver would likely be reduced by the percentage that their own negligence (in not wearing a helmet) is to blame for their injuries.

Yes, motorcycle helmets may not be fashionable, but does that outweigh the safety benefits of wearing a helmet, not to mention the potential economic benefits of wearing a helmet.

Head injuries can be very costly to treat, with or without health insurance. More importantly, the residuals of a head injury can leave an individual with serious permanent cognitive deficits, such as impaired memory, speech, earning capacity, etc.

The costs associated with such permanent injuries can be devastating to the individual, their family, and potentially the government.

Of course, this all assumes the victim survives the collision and their injuries. Now is the time to put safety ahead of vanity. Please call your representatives and implore them to get behind this proposed bill.

Read More: Just how dangers are motorcycle accidents?

Read More: What should you do after being involved in a motorcycle accident?

Read More: What are the most common causes of motorcycle accidents?

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9 simple steps to keep you safe this New Year's Eve!

Be sure to follow these tips in making sure you and your loved ones have a fun and safe way of ringing in the New Year!

First and foremost, PLAN AHEAD by naming a "designated driver."  Make this your responsibility as the host.

• Contact a local cab company/Uber to provide rides for your guests;
• Serve non-alcoholic beverages as an option to your guests;
• Monitor the alcohol your guests are drinking.  You don’t need to spoil the fun, but be aware;
• Provide your guests with an option to stay overnight in your home.

If you are attending New Year's Eve parties and celebrations:

• If you drink, don't drive.
• Plan ahead and always designate a sober driver before the party or celebration begins;
• If you are impaired, call a taxi or Uber, or get a sober friend or family member to come pick you up; or
• Stay where you are until you sober up (i.e. stay the night).
• Take the keys from someone if you think he/she is too impaired to drive.  There may be an argument, but so what?  The life of your friend and the lives of others is more important than a momentary argument.

Unfortunately, the most common injury-causing events on New Year's Eve are car accidents in Phoenix. Don't be another statistic. 

HOW MANY ACCIDENTS AND TRAGEDIES COULD BE AVOIDED IF PEOPLE JUST SPENT A LITTLE TIME PLANNING AHEAD??

DESIGNATED DRIVER/TAXI/UBER---THESE ARE NOT DIFFICULT CONCEPTS, BUT IF YOU WAIT TO CONSIDER THEM UNTIL YOU HAVE ALREADY BEGUN TO DRINK ALCOHOL, THE CHANCES OF YOU ACTUALLY MAKING THE RIGHT DECISIONS GO DOWN DRASTICALLY.  THIS YEAR:  THINK AND PLAN AHEAD---PLEASE!!!!!!

EVERYONE, BE SMART AND STAY SAFE.  MAKE THE NEW YEAR CELEBRATION MEMORABLE, BUT FOR ALL THE RIGHT REASONS!

Happy New Year from all of us at Zachar Law Firm!

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The importance of wearing your seat-belts: Especially during peak holiday travel times

I read the following headline this week:  “Car drives into ditch near Casa Grande; 3-year-old seriously injured”

The story said that a driver lost control and drove into a ditch Wednesday morning, leaving a 3-year-old seriously injured.  The crash occurred west of Casa Grande on State Route 347 southbound at the junction of State Route 84 southbound.

I have to wonder:  Was the child properly restrained?  Don’t people know how important this is?

Ironically, on Tuesday of this week, I met with a nice family, 2 parents and three children, who were involved in a recent crash.

A car struck theirs, forced them into a concrete guardrail and caused their car to flip and roll several times.

They are battered and sore but are otherwise doing well under the circumstances.

Related: What are the Arizona laws on seatbelt use?

I learned that every one of them was wearing their seat belts.  The parents insisted on this at all times.

This beautiful Phoenix family will celebrate Christmas this weekend, a bit sore, but happy and all together because they were wearing their seatbelts.

PLEASE EVERYONE:  Seat belts save lives!!!  Please always remember to buckle up.

Related: What would car be like without lawyers?

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Ford recalls 680,000 cars; seat belts may not hold in crash

Ford is recalling more than 680,000 midsize sedans mainly in North America because the front seat belts may not hold people in a crash.

The recall covers certain 2013 to 2016 Ford Fusion, 2013 to 2015 Lincoln MKZ and 2015 and 2016 Ford Mondeo cars.

Ford says heat generated when the seat belt pre-tensioners deploy can cause cables to break. If that happens the belts may not hold people. Ford says it knows of two injuries related to the problem.

Pre-tensioners tighten seat belts when they sense that cars are stopping.

Dealers will inject insulation into the pre-tensioners to protect the cables from heat at no cost to owners. The recall is expected to begin on Jan. 16.

Most of the cars are in the U.S., Canada, and Mexico.

If you have sustained an injury in a car crash due to this seatbelt failure, seek legal counsel.

Once the recall is announced, For has a duty to reasonably apprise all vehicle owners.  How is this done?  That is up to Ford to decide.

What if you never receive notice, and later sustained injury from this failed mechanism? 

As before, seek legal counsel.  Maybe a tougher case, but you still have the right to state a claim for the admitted product defect by Ford.

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Why should I hire a personal injury attorney?

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.

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Medical Treatment After An Accident: Everything you need to know.

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.

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