Zachar Law Blog

Do You Have Rights When an Earthquake Strikes?

Easter Sunday brought a very unexpected surprise to many parts of Arizona, including the Valley.  At first it felt like a large truck was driving by, but when the window blinds began to sway and the water in the pool began to make waves, everyone in my house started to look at each other in amazement: I think we're having an earthquake!

According to the local news, we were right.  A 7.2 magnitude quake struck in Baja California, less than an hour's drive from Yuma.  Despite being over 200 miles away, Phoenix felt the tremors.  

Earthquakes aren't exactly unheard of in Phoenix, but we've felt only 2 in the last 10 years.  Despite seeming rare, earthquakes pose a significant risk considering how widespread they can reach (yesterday's quake, for example, could be felt by over 10 million people).  This led me to think about how the law accounts for natural disasters and how your rights are affected by rare phenomena such as earthquakes.

Here is what I mean.  Let's say you are at a gas station.  In an otherwise normal situation, your safety is protected by the law at that gas station.  The reason is that an individual in Arizona is protected from known or discoverable dangers when they enter the premises of a business.  (For more on that, see our recent blog post titled "A Hazardous To Your Health Center?").  But what would happen if, while you were at the gas station, an earthquake occurred and you suffered injury as a result of something breaking or falling? 

Would you have any rights?  Would the gas station still be liable?

The gas station and its attorneys would assert a defense called “act of God”.  That means, that natural disasters are unforeseeable and unpreventable, and therefore, given that the gas station and its owners didn’t do anything “wrong”, that it is not liable for your injuries or damages.

However, the question must be asked---was it truly unforeseeable and unpreventable?

We know earthquakes can and will happen.  Although rare, we know they will at times rock the Valley of the Sun.  Don’t the owners, architects, planners, designers, and engineers have a responsibility to take these potential “acts of God’ into account--before and when they build? 

The simple answer is, “YES”.  The bigger questions are 1) to what extent and 2) would such have been sufficient to prevent the injury or damage?  

Believe it or not, accidents like this do in fact happen.  And they don't need to occur at the epicenter of a quake; they can be hundreds of miles away.  Actually, it need not be a quake at all--just think about the powerful winds during Arizona's monsoon season.    

This is a very interesting and complex scenario, and it illustrates why an experienced lawyer is essential in navigating all the circumstances that come into play.  Most of the time, you and the business you are visiting will not be expecting a natural disturbance to ruin your day.  For most of us, fortunately, the rattle of a distant earthquake like yesterday's will mean nothing more than a good story--and a reminder of how nice it is to live in a relatively quake-free area like the Valley.

What Happens If There Is Not Enough Insurance from the Responsible Party?

Last week, on what seemed to be an otherwise nice, sunny afternoon, 8 motorcycles and 4 cars were stopped at a traffic light in North Phoenix.  The cyclists were taking a ride to the lake on a beautiful Arizona day, at the start of what is known as Arizona’s “Bike Week”.  

 

While waiting for the light to turn green--and with no warning--a dump truck going too fast SLAMMED into the group causing unimaginable damage and destruction.  

 

Like something out of a horror movie, the truck burst into a ball flames.  When all was said and done 4 of the motorcyclists died.  Others sustained substantial and critical injuries.  It was shocking.  It was tragic.  And the entire incident was the result of one driver's failure to control his speed.  

 

What happens next?

 

First, the families of the injured and deceased will have to take care of their loved ones.  That is very clearly priority #1. 

 

The dump truck driver may well face criminal charges, although, to date, it has been the policy of the County Attorney’s office NOT to seek criminal charges for “accidents” such as this.  If there is no sign of alcohol or drug impairment, and no indication of any cause other than inattention or negligence, then generally, criminal charges are not filed. 

 

However, civil liability for the deaths and injuries is a virtual certainty.  Four (4) deaths and horrific injuries to the survivors (physical, mental and emotional). 

 

The driver of the dump truck will be held liable, as will his employer. 

 

Some people might question why his employer is responsible.  In Arizona, when a person is acting in the scope of employment, and causes an injury or damage, his employer is also held liable, under several theories:  1) that the employee is really acting to further the interest of the employer, 2) that the employer has the greatest degree of control over training, supervision and actions of the employee and 3) that the employer is the one that generally has insurance coverage in place to cover and protect itself and the employee for accident like this. 

 

How much insurance is needed for a horrible collision like this?  There is no good answer to that question, but let it suffice to say: a whole lot of it. 

 

What happens if the insurance for the company and driver is insufficient to adequate cover and compensate the families and the injured for their damages and losses? 

 

There is no easy answer to that question.  In Arizona, we have the right to purchase both Un-insured and Under-insured coverage.  Un-insured will protect us if the responsible driver has no insurance.  Under-insured will protect us if the responsible driver does not have enough insurance.  Arizona requires that all automobile insurers offer BOTH Un-insured and Under-insured coverage to drivers.  There is no requirement that drivers accept or pay for this coverage, but insurers MUST at least offer it.  Additionally, they must document in writing that they offered it, and that the insured declined it.  If they cannot do this, they must provide the coverage—even if an accident has already occurred. 

 

In my practice, I regularly handle cases that involve motor vehicle collisions of a severe nature like this.  I have many clients who were injured while riding motorcycles.  Handling these cases takes some specialized skill to wade through the insurance company arguments and to find all avenues of coverage that exist---particularly when there are many claimants all seeking the damage payout from a single policy. 

 

It's important for an accident victim to have a full understanding of what is and isn't possible in pursuing the full damages owed to them.  Unlike what many may think, the insurance policy limits of the responsible party may not be anywhere near what is needed to compensate all victims and their families. 

 

It is extremely important to get an experienced and board certified injury attorney in a complex case like this.  It is not just a matter of “getting as much as you can”.  It is a matter of understanding all that is going to happen, it is a matter of understanding that you have rights, and that there will be many legal issues to face other than making a claim for money.   An experienced, board certified attorney understands all of these issues, doesn’t cost you any more than an inexperienced attorney, and will be able to assist you, with the legal skills and compassion, through the legal minefield that you have become involved in. 

 

Our hearts go out to all that have been and will be affected by this senseless tragedy.

 

New Info on the AZ Sweat Lodge Deaths: Someone Here is Responsible

The autopsy reports have just been released for the victims of the infamous “Sedona sweat lodge case”.  The results indicate that "sweat" was a gross understatement for what happened that fateful night.  Two victims died from heat stroke and a third died from multi-system organ failure.  Some have called it negligence on the part of the proprietors.  I would go one full step more and call it reckless disregard, and most likely, CRIMINAL.  And of all places, it happened in one of the most serene and beautiful settings on our planet--to visitors seeking a spiritual experience from the world-famous guru James Ray.

James Ray is (was) a respected man who I've seen on Oprah, Larry King, and beyond.  This guy was supposedly a professional, certainly a millionaire, who advertised his ability to build "Spiritual Warriors" out of his followers.  I don't happen to follow Ray's books or teachings, and I can't make any judgments on his character or intentions.  However, I have no doubt in my mind that he bears a significant portion of the responsibility of these completely preventable deaths, as well as the serious injuries to others.

Let me ask you about a scenario:

Imagine you had some folks within the spectrum of your control, looking to you for help and guidance.  After some time, you noticed that several of your guests began to vomit, feel ill, or even collapse from the conditions.  Now, what would your reaction be?  Would you simply say "stay here--you need to push past your physical weaknesses!"? I'm guessing the answer is no.  In fact, I'll go out on a limb and assume that most of us would do anything we could to assist our guests physically and medically.  You would well think that an alleged “guru” like James Ray would know better.  The truth is, he DID know better.  Did he do anything to help?  No.  NOTHING.  Rather, he actually scolded those who wanted to leave his sweat lodge event.   He just ignored these people, and the warning signs.  That is how tragedies occur.  It is called reckless disregard.  In Arizona, both civil and criminal actions can follow. 

Under Arizona law, he had a legal duty to assist and protect these people.  They came to him for his superior knowledge and expertise.  They literally paid him for this.  His recklessness in assessing their fatal situation, and addressing their needs, means that he breached his legal duties to them.  They died.  Arizona law provides:

12-611. Liability

When death of a person is caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action to recover damages in respect thereof, then, and in every such case, the person who or the corporation which would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death was caused under such circumstances as amount in law to murder in the first or second degree or manslaughter.

12-612. Parties plaintiff; recovery; distribution

1. An action for wrongful death shall be brought by and in the name of the surviving husband or wife, child, parent or guardian, or personal representative of the deceased person for and on behalf of the surviving husband or wife, children or parents, or if none of these survive, on behalf of the decedent's estate.
   
2. Either parent may maintain the action for the death of a child, and the guardian may maintain the action for the death of the guardian's ward.
   
3. The amount recovered in an action for wrongful death shall be distributed to the parties provided for in subsection A in proportion to their damages, and if recovery is on behalf of the decedent's estate the amount shall be an asset of the estate.
   

The growing amount of evidence in this case is pointing directly to Ray.  These events are unquestionably an example of what we call “wrongful death” in the state of Arizona, and it will be interesting to see how the trial develops over the coming months.

 

 

 

Texting While Driving Laws: What's Best for Arizona?

The bill's dead.  No, wait, it's back alive!  I'm confused...!

 

As I suspect was the case for many fellow Arizonans, I had trouble following the developments of a proposed texting while driving ban in our state legislature.  Early this week, the Arizona State Senate killed a proposed bill that would ban this very dangerous practice.  Then, a day later, the story broke that the bill may not be dead after all.  News stations, websites, and dinner tables were abuzz with the debate over what, if anything, should be done about his inherently dangerous activity.  Does the state have a right to stop us from doing it?  How dangerous could it be, after all?  What would be the punishment?

 

I acknowledge there are a few questions to be answered, but there is one thing I know for certain: the Arizona legislature got this one wrong.  Waaaaay wrong.

 

In fact, it should have been banned long ago, and I feel like our legislature is making a big mistake if it drops the ball on this issue.  There are both logical and legal reasons for this.

 

First of all, I have a hard time believing anyone who says that texting while driving isn't dangerous.  Yes, I consider myself a "multi-tasker" too, but there is only so much I can do with two hands, two eyes, and a flock of unknown strangers driving around me.  And I admit that sometimes there is an irresistible urge to check my messages and emails.  BAD IDEA!  

 

But, if I can text while driving, who's to say that I can't juggle knives while operating my semi tractor trailer?  The opponents to this bill say “too much control” and that there are already laws on the books that cover this.  They cite the reckless driving laws.  Sorry folks---not even close.   From a legal standpoint, the "reckless driving" statute does not cover texting.  Is it "reckless" to text while driving, or perhaps only "negligent”?  If you do not cause an accident, is it reckless or negligent at all?  (The legal definition of “negligence” requires that some damage occur.  No damage, no negligence, and recklessness is a step up the ladder from negligence.)  You see, even by not passing this law, the legal questions and controversies remain.

 

Before I go further, I want to give credit where it's due.  Despite its current wavering, Arizona is actually a leader on the issue of texting while driving.  One of our state legislators was the first in the nation to propose a ban on the practice several years ago.  The city of Phoenix, rightly and thankfully, has already banned the practice in city limits.  Local leaders have already shown the precedent and willingness to tackle this issue.  Now it is time for Arizona’s state legislature to step up.  The current laws do NOT stop or prohibit this practice.  A police officer has little or no right to stop a motorist for this.  However, pass the law, and it gives some teeth to the prohibition. 

 

Last year there was a horrific and deadly train accident in southern California.  Twenty-five people died and hundreds were seriously injured.  An investigation showed that the train engineer had sent a text message 22 SECONDS before the collision.  What do you think he was paying attention to, as opposed to the tracks in front of him?  Yep.  Not rocket science to understand this is a BAD thing. 

 

We can't simply rely on other drivers to be responsible or do what's best.  Driving safely is tough enough when we're sober, focused, and healthy, given the dangers that come our way every day on the road.  What we need to protect ourselves, our family, and our fellow citizens is a statewide law banning texting while driving.  It's overwhelmingly in the best interest of all Arizonans, and I'm sure we can wait an extra 10 minutes to check our email, or the latest Tweet, or, whatever….

Shamu, Fido, and Beyond: How Animal Behavior and Personal Injury Affect the Law

Last week  I read the horrific story about the SeaWorld trainer in Orlando who was killed by Tillimuk, a killer whale, during a routine show in front of a live audience. What made this horrible accident so shocking was how ordinary the circumstances were during the show.  The victim was a seasoned professional who worked with this whale daily.  The show was a routine, likely one of hundreds just like it.  While the exact details of the trainer's death are still coming to light, all it took was a quick, "playful" grab from this massive animal to create an instant tragedy.

Of course, killer whales are wild animals known for, well, their "killer" instinct.  Luckily, most people in Arizona don't interact with killer whales in their backyard (excluding the inflatable kind).

However, it doesn't take a wild creature to cause a serious personal injury.  Animals are part of our everyday lives, especially those that we keep in our home.  I live with two dogs that are incredible to be around, but I started to ponder just how much trust I place in them.  It's quite profound, if you think about it.  Pet owners and their pets share a living space, operate around each others’ schedules, and often communicate.  Is it possible that, like the expert trainer at SeaWorld, we become a little too trusting around animals?  

 

Once a year we have to get our pets their “distemper” shots.  What would happen if we did not?  Remember, they are “domesticated” animals.  That means that through science, breeding, training and medicine, we are now able to live alongside these animals in our homes.  However, if there is any doubt about your yorkie’s ability to turn on you, don’t feed him for a few weeks.  (Not recommended---just trying to make a point here.)

 

A few years ago I had a golden retriever who was the best dog ever.  “Baloo” would not hurt anything.  For a period of time, however, another dog came to stay with us.  Baloo showed some quite different behavior when the visitor decided to stick her head in his food dish!  A reversion to “survival of the fittest” ensued.  Baloo won, but it was still shocking to us that he could exhibit such aggressive behavior. 

This interaction doesn't just involve pet owners, but also their neighbors, friends, and colleagues.  I not only have two dogs, but so do my neighbors.  Whether it is leaving for work or bringing in my groceries, I have learned to "block out" the sound of their barking because I'm used to it.  But what would happen if a neighbor's dog became aggressive and bit me, or worse, a family member?  It could also be a cat, snake, or even a chimpanzee, such as in the infamous story of a Connecticut woman who was mauled by her friend's aging chimp.

When injury happens from animal behavior, such as a bite or other attack, you have rights under the law.  However, in my opinion, it is essential that any victim seek the advice of an experienced personal injury attorney in this area.  (Note:  You do NOT have to retain one, but, sit down with one as soon as possible after the incident to learn and better understand your rights. When assessing a victim's rights in an animal attack case, there are many variables to consider.  For example, did you know that for injuries caused by an animal attack, you may only have one (1) year in Arizona to file a lawsuit to protect your rights, as opposed to two (2) years for most other injury claims?  (A recent potential new client, whose grandson was mauled by a dog, recently found out the answer to that question the hard way.)

Like last week’s unsettling story of Tillimuk, the killer whale, deaths from animal attacks are rare.  But injuries from animals--whether accidental or malicious--occur every day.  This doesn't mean that we should all of a sudden become suspicious of the pets we love or wear steel armor on our walk to the car, but it does mean that we need to be cognizant of the risks than animals pose and aware of the rights we have in the case of an animal attack.  A little bit of knowledge can go a long way. 

 

-The Zachar Law Blogger

9 More Tough Questions to Ask A Lawyer Before You Hire Him

This is the sequel to my blog two weeks ago, "8 Tough Questions to Ask Before You Hire A Lawyer".  I believe there is so much pertinent information you should know before you hire a lawyer that I had to split it into two articles.  So following are 9 more questions you should ask a lawyer before you hire him/her:

 

1. Do you litigate cases?

It is extremely important that the attorney you hire be a litigator.  You need to know that your attorney intends to see your case through to the end for you--regardless of the position that is ultimately taken by the other side.  The insurance companies know the attorneys who litigate, and those who do not.  In large, settlements are higher for the clients of attorneys who are willing to to fight for them all the way to the end.

 

2. Have you attended the Arizona Trial Advocacy College?

This is an important question.  The Arizona Trial Advocacy College is a program that is taught by the very best trial lawyers in Arizona.  Insist that your attorney have attended.

 

3. Will you discuss my case with me over the telephone?

An experienced attorney will make themselves available to you as best as possible.  If you have a question or need to discuss something that should only take a  few minutes, then there is no reason why they shouldn't be able to talk with you over the telephone.  Attorneys often have hectic schedules, so if you need more than just a few minutes make sure to schedule something, whether it be over the phone or in person.  No one can be available at every minute, however, if you call and you attorney is unavailable, make sure they return your call in an acceptable amount of time.

 

4. Are you a member of the Arizona Association for Justice?

The Arizona Association for Justice is an organization of lawyers whose members represent consumers and are dedicated to preserving and protecting the rights of all Arizonans.  The Association provides advocacy, continuing legal education and public education on behalf of its members and their clients.  If these things are important to you, then you should choose an attorney who is a member.

 

5. Are you a member of the American Association for Justice?

This is the federal counterpart to the Arizona Association for Justice and is also known as the American Trial Lawyers Association.  "It is the mission of the American Trial Lawyers Association to provide news, information, and education to attorneys who practice or have an interest in trial work, including civil plaintiff and criminal defense law."  Association membership is extended only to those attorneys who have passed an extensive screening performed by a leading University's Trial Advocacy Program.

 

6. Have you ever defended insurance companies against injury claims?

Know who you are hiring.  Does your attorney have your best interests at heart, or, does he/she rely upon income from insurance companies.

 

7. Will you evaluate my case for me without cost or obligation?

Experienced personal injury attorneys will handle your case on a contingency basis.  Regardless, make sure to discuss all details regarding how the attorney will be paid and how much he/she will be paid.

 

8. If the insurance company doesn't offer a fair settlement, are you willing to fight for what is fair?

This is very similar to question # 1, many attorneys today do not want to go thru the difficulties of litigation or trial, however, sometimes cases cannot reach an agreement or a fair settlement without it.  When this occurs you need to know your attorney is willing to go the extra mile and fight for you, or, when push comes to shove, if he/she will refer the case elsewhere. 

 

9. Are you a Certified Specialist in Personal Injury and Wrongful Death?

The state of Arizona has an extension approval and certification process for experienced personal injury attorneys.  Only those qualified are bestowed the honor of being called Certified Specialists.  Make sure that the attorney you are hiring is a Certified Specialist.  It can make all the difference in the outcome of your case.

 

 

 

 

  

   

 

 

8 Tough Questions to Ask Before You Hire A Lawyer

Hiring a lawyer is serious business and you need to do the background work before you make such an important decision.  When talking to clients I hear some of the same questions regularly, and they are questions the clients should be asking before they have hired me or any other lawyer.  Following is a partial list of questions I have come up with that I believe are important for anyone to ask of a lawyer, especially a personal injury lawyer, before they retain him.

 

1. How long have you been practicing in the specific field of accident and injury law?

The reason for this question is clear.  Obviously, the more experience in a specific field, the more knowledge to handle your case the right way.

 

2. What percentage of your practice is devoted to accident and injury law?

Again, the more cases an attorney handles in one specific area, the more experience he accumulates in that field.  Since every personal injury case is different, the more scenarios an attorney has handled, the more knowledge he has to offer to every case.

  

3. Have you previously represented people with injuries similar to mine?

Being aware of the problems that can arise from specific injuries, the proper course of care and a list of medical providers who can help for specific injuries, helps an attorney to know how long a case may take to resolve and what type of recovery may be available for an injured client.

 

4. Do you have investigators and expert witnesses who will help in cases with my type of injury?

    A good personal injury attorney will have investigators and expert witnesses they can trust.  This is especially important because the police are not always able to find all the information needed, and, do not have the same levels of motivation to do so.  Having qualified people to undertake a separate investigation from the police is often key in gathering significant evidence.

5. Can you refer me to a physician who can provide treatment for my injuries?

Experienced personal injury attorneys are familiar with a variety of doctors and therapists who can help with any injury.  Equally important, experienced attorneys often know of medical providers who are not qualified or who do not have a reputation for providing the best quality of care.   

 

6. Can you help me with my property damage claim and get a rental car for me?

    Most of the big advertising firms don’t want to help you in this area.  This is because they don’t make any money for it.  Find an attorney who is willing to help, at no charge, for the routine damage claim.  An experienced attorney should be willing to do this.

7. Will you handle my case on a percentage fee basis?

Experienced personal injury attorneys will handle your case on a contingency basis.  This means that the attorney is paid a percentage of the recovery, and only when and if your case has a favorable outcome.  This percentage should be agreed upon before you retain the attorney.  Avoid attorneys who want to charge you a retainer for a personal injury case. 

Hiring an attorney on a contingency fee basis is favorable for clients because filing a lawsuit can be a costly endeavor which many people may not otherwise be able to afford.

 

8. If I can't come to your office, will you come to my home or office?

Many people who need an attorney are unable to travel due to injuries or poor health, so this is not an unusual request.  An experienced attorney will be flexible and able to accommodate these needs.  Also, you should insist on meeting with an attorney, not a legal assistant or runner.

 

Keep reading the next few weeks to find out 9 more questions to ask a lawyer before you hire him...

Sweat Lodge Deaths - Homicides?

Now that a third persons’ injuries have turned fatal since the tragic “sweat-lodge” incident on the 8^th even more people are demanding justice.  The question is what should “justice” entail? 

   

Someone in charge did not do their job.  The question here is did Ray have a legal obligation to the participants to provide reasonable care while constructing the actual lodge and enacting the sweat-lodge ceremony?  Of course he did.  Why do you think investigators were searching Ray’s offices for participants’ medical records last week?  Because he should have them considering he should have requested them before he even considered allowing them to participate.   Anyone wanting to press negligence charges against Ray should find an attorney who specializes in personal injury and wrongful death.  This is a horrible incident, and deserves an appropriate investigation.  The involvement of an experienced law firm will be crucial here.    

 

The Sheriff’s Department is still investigating the deaths, but here is what we do know:

 

1)   Dangers have often been associated with sweat-lodges

2)   Sweat-lodges are generally built to hold only 8 to 12 people, not 64.   

3)   No building permit was retained prior to building the sweat-lodge, although one was required by law. 

4)   According to statements from participants, they were heavily encouraged by Ray to remain in the sweat-lodge.

5)   According to the Sheriff’s investigation, several people become ill at past events hosted by Ray.

 

 In this instance, sixty-four (64) people attended this sweat-lodge ceremony.  Of these 64 people, twenty-one (21) were taken to the hospital and treated for various symptoms, and three (3) died.  Obviously, something was very wrong with this program.

 

There is no doubt that the proprietors of the sweat lodge had a legal duty of careto the participants.  There is no doubt that they were in a position of superior knowledge.  There is no question that something went very wrong.  If one person had been hurt, maybe a tougher argument.  If two, I don’t know.  But twenty-one???  Are you kidding me??!!!!!!   Someone screwed up----MAJOR! 

 

The legal investigations will continue, both from the criminal side and the civil side.  I am sure there will be many more facts broadcast before this one ends.  Stay tuned. 

THE DANGERS (?) OF HALLOWEEN

Have you heard? Halloween is fast approaching! Get ready to be scared! However, make sure that the “frights” occur as a result of seeing your child in a scary costume, as opposed to thinking about all of the dangers your child can face going out on a night that is supposed to be filled with fun.

Halloween used to be fun! It used to be safe! When I was little, my parents didn’t have to worry about the things that parent MUST worry about today. The thought of someone spiking candy with a dangerous object or substance? Unheard of. The thought of a maniac hurting your child? Not even on the radar. The fear of your child being out in the neighborhood by himself? Come on, no problem! Sadly, the times have drastically changed.

Being a personal injury attorney, I have seen a lot of unnecessary injuries. Looking at Halloween with this perspective I see flashing neon lights telling me I am going to get very busy really soon. That is NOT a good thing.

Halloween obviously encourages lots of fun. However, when it comes to personal safety, it also brings with it more hazards than one would encounter on an average day/night. We are bringing together a confluence of elements that really are not meant to be brought together: Lots of excited and anxious children outside, and cars. Children hurrying to get to that next house for the candy rewards which will certainly follow, and drivers trying to get home from work quickly for the night, or trying to get to the Halloween parties for the fun. And, ALL of them wearing costumes that can have no bad affects other than to block or impair vision from one to the other.

Who is to blame when a child gets hurt? Granted, each circumstance must be judged independently, but the adults responsible for the child, and the drivers responsible for their travel, are where the 2 biggest areas on blame lie, in my opinion. If you are a parent, you need to make sure your kids are under control. Trick or treat in a group. Don’t let the kids stray too far ahead—keep the group together. Cross streets in a group, and make sure that the kids are severely admonished BEFORE the fun starts that “no one crosses the street outside of the group”. Make sure all costumes are the right size, and that the child can see out of his/her mask. Wear reflective clothing, and pay attention to traffic in the area. Drivers, be aware that this is Halloween, and there will be LOTS of kids out and about, much more so than any other night of the year! Drive slowly, especially through neighborhoods, and keep an extra lookout for children and others. If you have a costume, leave the hindrances off until you get to the party. Save that grand entrance for another occasion.

There are many other dangers like these that can surface on Halloween, including criminal activity. You should keep your child close and always within sight; make sure your child knows not to talk to strangers except when actually trick-or-treating at the door with you or a group; never to enter a strangers home or get in their car; likewise never invite a stranger into your home or car; stay within your own neighborhood; wait to eat candy until you have inspected it. For a list of other safety tips visit the Police Department (http://www.phoenix.gov/police/halloween_tips.html) website in your city.

Our kids don’t have to miss out on the fun of Halloween, we just have to teach them to be cautious and aware, and we need to remain cautious and aware for them.

Have a safe and happy Halloween!!!!

Halloween Marks an Increase in Child Pedestrian Deaths

Halloween is fast approaching, which surely you hear everyday if you have a young child. Did you know that pedestrian fatalities among children 5 to 14 years increase 400-500% on Halloween, according to the National Highway Traffic Safety Administration (NHTSA)?

There are so many factors involved with this, and we could easily get lost amid all of the information. However, for the purpose of this entry I am going to focus mainly on the things that involve cars and drivers. I am not sure how else to relay this other than just a bullet list, so here you go:

1. DO NOT DRINK AND DRIVE. Duh!!! You should not do this anyway, but especially on a nights when millions of children are out and about, scurrying to get as much candy as possible before they have to go home. Halloween party? Please, make sure you have a designated driver or a place to stay within walking distance if you plan on drinking alcohol.
2. Drive extra slow, because children will be walking in the roadway, on curbs and medians, running across the roads, blinded by their scary masks and poorly illuminated by their dark costumes.
3. WATCH for children darting out from between parked cars or running out from driveways. Indeed, plan on it—and drive as though you anticipate this to occur.
4.  Enter and exit driveways, alleys, parking lots, etc very carefully.

The fact that Halloween is on a Saturday night this year makes it all the more lethal, because partygoers will be on the road at the same time our children will be trick-or-treating. If you are hosting a party, please provide nonalcoholic options for drivers and alternative methods of transportation. If you are attending a party, please take your responsibility to others seriously, and do not allow them to drink and drive.

Next, reminders for what parents can do to help protect their children:

• Adult supervision for all children under the age of 10 and for any older children who may need it.
  
•  Make sure your children are aware of all traffic/pedestrian safety rules. They should know to cross the street at an intersection preferably in a marked crosswalk and to walk on the left side of a roadway facing traffic if there is no sidewalk.
  
• Keep the groups together. Children will be very anxious to get to that next house ahead of friends. Try to maintain control and keep other from running ahead---at least until you are in the driveway or in front of the next house.
  
• Costumes should not be so long that children trip on them.
  
• If possible, use makeup instead of masks. Masks are more likely to obstruct a child’s vision.
  
• Dress in light-colored clothes and using retro-reflective marking on clothes and shoes to provide better visibility to others.
  
•  A flashlight is a good idea, however, make sure your child knows not to distract drivers by shining it into cars.

There are many other safety concerns on Halloween. For brevity, I have included these for this blog article. Look for me to address more concerns before Halloween.

Halloween is supposed to be fun and exciting and it certainly can be if we all show respect and care for each other, as we share the roadways.

Have a safe and fun Halloween!!!

**If you have any questions or comments, please feel free to email Chris Zachar directly at Czachar@zacharlaw.com, or visit our website at http://www.ZacharLawFirm.com .