Zachar Law Blog

Boating Fatality at Canyon Lake in Arizona

 

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.  

WATER LIABILITY:  Yes, it exists.  

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.

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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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Pokemon Go is causing accidents all over America

It was only a matter of time.

“Pokemon Go” is causing car crashes as the the augmented reality phenomenon – one of the most popular smartphone games of all time – finds its way into the hands of distracted drivers.

The game encourages people to walk around to collect 151 Pokemon and is based off the card game and hand-held Nintendo games of the 90s.

However, much like texting and driving, “Pokemon Go” and driving is becoming a problem as gamers try to “catch ‘em all.”

The craze has even prompted a slew of hoax stories, including one about a massive pile-up started by a distracted driver looking for Pikachu.

Here are three times the game has actually contributed to real world accidents:

• In New York, a man was driving while playing the game when he got distracted, drove off the road, and slammed into a tree. He was taken to a hospital with minor injuries.

• A 15-year-old Pennsylvania girl was hit by a car as she was walked onto a busy highway while paying attention to her phone instead of oncoming traffic. The girl suffered an injured collarbone and foot as well some bruising.

• Two Canadian police officers were injured when two people backed into their cruiser. The two people reportedly got out of the car and immediately said, “I’m sorry, I was playing ‘Pokemon Go.’”

While it wasn’t an accident, cars were stopped earlier last week as a rare Pokemon called “Vaporeon” was released near central park, and people rushed to the area to try and catch it. Videos showed one person leaving their car parked on the road.  

WHAT ARE YOUR THOUGHTS ON THIS??  I WILL TELL YOU MINE:

IT IS ONLY A MATTER OF TIME (LIKELY, A VERY SHORT TIME) THAT SOMEONE IS GOING TO BE VERY SERIOUSLY INJURED OR KILLED.

“POKEMON GO” IS PRIMARILY TARGETING KIDS WITH THIS APP; KIDS HAVE A FAR LESS APPRECIATION OF THE CONCEPT OF SAFETY.

THERE IS LITTLE DOUBT THAT “POKEMON GO” IS GOING TO GET SUED. 

KNOWING THAT THEY HAVE DESIGNED AND ARE MARKETING A GAME, PRIMARILY FOR THE USE BY LIDS, THAT WILL RESULT IN INJURIES DUE TO THE NATURE OF THE GAME AND THE DISTRACTIONS THAT RESULT, IS IRRESPONSIBLE.  AND, THEY ARE MAKING BILLIONS OFF THIS.

THERE WILL BE LIABILITY, AND THERE SHOULD BE.

Read More: Pokemon Go: Harmful to your health?

What if I can’t prove someone’s negligence caused my injury?

 

Is there any other basis for personal injury liability besides negligence?

Negligence is an action or a failure to act that results in injury to another.

It means that someone 1) did something they should not have done or 2) failed to do something they should have done.

Everyone is judged on a “reasonable person” standard. 

Question:  Would a reasonable person in the shoes of the accused wrongdoer have done it that way?

In order then to be actionable, harm and damage must occur.

If a wrongful act, but no harm, not a case; if no wrongful act but harm results, not a legal case.

I cannot fathom where a person’s “non-negligence” or “no-fault” could ever be actionable. 

If they didn’t do anything wrong, or you cannot prove it, the law says you cannot recover for it.

Remember, personal injury law can be very complex. Make sure you have the right law firm working for you. Having the right law firm will make all the difference in your case. 

Read More: http://www.zacharassociates.com/accident-injuries/personal-injury-faq-someone-causes-you-harm-do-you-have-a-right-to-recover/

ARIZONA MEDICAL HELICOPTER CRASH CLAIMS LIVES

A medical helicopter carrying three people crashed in the Superstition Mountains in Pinal County Tuesday night, killing two and critical injuring one.

Federal Aviation Administration spokesman Ian Gregor said the helicopter crashed under unknown circumstances about 20 miles east of Apache Junction. The aircraft was a Native Air ambulance helicopter and was travelling from Phoenix-Mesa Gateway Airport to Globe when it crashed in the "rugged terrain" of the Superstition Mountains.

A pilot and two medical crew members, a nurse and a paramedic, were on board, he said. No patients were on the flight.

PCSO is not releasing the names of any victims at this point. Pinal Sheriff Paul Babeu said the surviving crew member signaled to rescue teams using a light and was taken to a Phoenix trauma hospital in very serious condition.

The Arizona Department of Public Safety was first notified of the crash at about 8 p.m. The agency was asked to be part of a search-and-rescue mission.  Therein, a military aircraft extracted the survivor.

PCSO established a perimeter around the crash and will begin the joint investigation with the FAA once daylight breaks, he said.

IS THERE LIABILITY HERE?  AGAINST WHOM?

The answer is, without question:  YES.

The owner/operator of any aircraft has a duty to 1) make sure their aircraft is in proper mechanical condition to fly and 2) operate the aircraft with the utmost safety for its patients and crew.

The fact that this helicopter crashed means someone failed in #1 or #2.  Period.

This is not the first of these to have occurred in recent years.  In July 2007, two news helicopters crashed into each other near mid-town Phoenix.  There were no survivors.

In June 2008, two medical helicopters crashed into each other on approach into Flagstaff Medical Center.  Again, there were no survivors.

Legal claims were brought and resolved for the families involved. 

It is first now important for the families affected to tend to their loved ones.

Equally imperative however is for a full investigation to get underway.  An attorney experienced in helicopter crashes should be consulted soon.

Any questions?

A Wrong-Way Driver Warning That's Better Than Headlights

Our View: A warning system is a good idea, but there has to be a better way of keeping impaired drivers off the road entirely.

It's late. You're on the freeway headed home. You see headlights coming toward you. It's a deadly threat that Arizona needs to address.

In a ONE WEEK period in May 2014, seven people died because of wrong-way drivers.

It was not until that point that law enforcement and transportation officials began looking for ways to save lives (even though wrong-way incidents have been occurring for decades).

Now the Arizona Department of Transportation is testing radar-based technology that could detect wrong way drivers and alert other motorists in the area, possibly through overhead message boards.

The technology is being tested along Loop 101 at Glendale and Peoria avenues.  It's a good idea that would help drivers protect themselves by getting out of the way.

But it won't stop wrong-way drivers.  Arizona needs to find safe ways to keep them off the roads.

This week, a minor accident Wednesday was blamed on "driver inattention" when a light-rail train hit a car going the wrong way on Central Avenue. There were no reported injuries.

Last week, a judge refused to reduce bond for Stephen B. Martin, charged with murder, aggravated assault and endangerment after his wrong-way driving on Interstate 17 killed Phoenix Fire Department dispatcher Megan Lange.

The incident happened in January.  Also last week, Department of Public Safety officials safely intercepted a vehicle going the wrong way on Interstate 17 near Black Canyon City. The driver was impaired.  Last month, a wrong-way driver went about three miles on Interstate 17 before being stopped by police.

Another motorist sustained minor injuries after crashing into a wall to avoid the wrong-way car. The wrong-way driver was impaired.

Those who get behind the wheel when intoxicated are pointing a deadly weapon at fellow motorists. Arizona needs find safe ways to prevent drivers from entering the freeway going in the wrong direction. 

For decades, state governments have shrugged off the problems, attributing the cause to impaired drivers. 

But what about the innocent drivers and occupants who are injured or killed by the wrong-way drivers? 

Arizona has a responsibility to those people too.  If it can do something, it should. 

Educate.  Prevent.  Warn.  Only recently has Arizona taken steps to do any of these. Hopefully headed in the right direction, but far too late for the victims of the May 2014 crashes.  

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Study: 4 in 10 use social media while driving

Nearly 4 in 10 smartphone users tap into social media while driving, according to a new survey commissioned by AT&T.

The biggest draw was Facebook, and “addiction” was cited as a common reason. 

ADVICE TO ALL:  For the sake of you and those around you, PLEASE keep your eyes on the road, not on your phone.

Of the 10 percent of drivers who tweet while driving, about one-third said they do it “all the time.” (Great).

In 2012, more than 3,300 people were killed and 421,000 injured in auto accidents because of distracted driving.  The information comes hot on the bumper of an annual Expedia report that named texting while driving as the number one cause of road rage.

The studies show that 7 in 10 people said they use their smartphones while driving.

Texting is still the most common smartphone driving activity, but that’s just the first in a long news-feed of dumb ideas:

• Text (61 percent)
• Email (33 percent)
• Surf the net (28 percent)
• Facebook (27 percent)
• Snap a selfie/photo (17 percent)
• Twitter (14 percent)
• Instagram (14 percent)
• Shoot a video (12 percent)
• Snapchat (11 percent)
• Video chat (10 percent)

Note:  The national survey polled more than 2,000 who own a smartphone and drive at least once per day.

It is scary that for so many people, these forms of distracted driving have become a norm. 

Accidents are inevitable.  Amazing though, despite the fact that they think it okay, they then lie about it after they cause an accident.

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How do I know if I have a personal injury case? Are there any signs?

If you were injured due to the negligence of another person or entity, you have a potential personal injury case.

Whether is it worth pursuing legally may depend on several factors/variables. Briefly, those variable include:

• Can the other’s negligence be proven?

• The severity of your injuries;

• Did the person/entity that caused your injuries have insurance? If not, do you have applicable insurance?

• The type, length, and cost of medical treatment incurred to resolve the injuries;

• The doctors’ prognosis upon completion of your treatment (did you recover, will you need future care, do you have any permanent restrictions/impairments, etc);

• Any lost earnings and/or lost earning capacity.

Since some of these factors may need investigation, while others may take time.

Therefore, it is recommended that you call us as soon as possible after your injury to discuss whether or not you might have a viable case, and how we can help you maximize your potential recovery.

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Why should I use my own insurance (health or auto) if the other driver is at fault?

You're in an accident. You aren't at fault. Yet you need to use your own insurance. Why? 

As having been in an accident caused by someone else, understand that the at-fault party’s insurance carrier has no legal duty to you at all. 

If they want, they can refuse to offer anything and make you fight tooth and nail all the way to trial.  In the meantime, do you want creditors hounding you for payment? 

If things turn out badly, you will be on the hook personally for the bills?  Why would you even take this chance when you have health insurance to assure payment? 

You may have to pay back your health insurance at the end of the case if you get a recovery (and won’t if no recovery), but without question you should use and bill your own health insurance for your medical care.

This is why it's crucial to make sure you retain the right personal injury lawyer for your case. Experience matters.

Make sure you get the facts and you know what your rights are before you make the decision on what law firm you decide to retain. Arizona car accidents can be complex. Protect your rights. 

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