Zachar Law Blog

How can you be certain you have chosen the right Law Firm to represent you?

When you are researching for a personal injury law firm, there are many things you need to take into consideration as far as which law firm is right for you.  

1. Does the Law Firm have a good track record? Can they provide you with information that will make you feel confident that they will handle your case appropriately?

2. What fees are associated with the Law Firm? Are they straight forward with you as far as fees go?

3. Have they been doing this for a while? The most experienced Lawyers and Law Firms are the ones to look for.

4. Do they specialize in their area of practice? In many states  a trial lawyer also known as a "Certified Specialist" is a key in representing you.

5. Are there any steps you should take after you hire a Law Firm? Does the Law Firm give you advice on how to handle insurance companies calling you? Medical bills?

So often, you just don't know if it is the right fit until after they have represented you for awhile.  At that time, key items such as 1) can you get your questions answered timely, 2) are you allowed access to your attorney and 3) do they return your communications are all indications that they are the right firm for you. 

Anyone can look good on paper.  You need to feel comfortable that the firm is not only capable of handling your case, but that they indeed continue to handle it professionally in continuing communications with you. Follow these steps in order to help protect yourself and to make sure you have the right Personal Injury Law Firm representing you.

Related articles

Does your Attorney know "slip and fall" law? Ask. It is important.

Top 12 myths that exist in the Personal Injury world of Law.

Personal Injury Arizona Attorney: When Seat Belts Fail

Do you NEED an Arizona Personal Injury Attorney if you or a loved one was injured as a result of a defective or faulty seat belt?  

The use of seat belts has been strongly promoted in the United States for many years. Current legislation in Arizona requires that seatbelts be used in most situations while occupying a vehicle. Studies and experience show that buckling up can significantly increase your chances of surviving a motor vehicle accident and preventing serious injuries. While most of us know that putting on our seatbelt will help prevent serious injuries in an accident, this is not always the case. Each year numerous individuals are injured as a result of defective, outdated or inadequately made seat belts. If you or a loved one has been injured in an accident while wearing a seat belt, it is important to contact an experienced Arizona personal injury attorney, preferably one with years of experience handling cases against manufacturers, where defective seatbelts have led to injuries.

Current Arizona law requires that seat belts be worn while operating a vehicle. Arizona Revised Statutes 28-909 and those that follow describe the requirement of seatbelts in Arizona. The violation of not wearing a seatbelt is a secondary enforcement, meaning that a police officer may only cite a driver for a seat belt violation if the driver committed another primary violation that led to the stop in the first place. 

Defective seatbelts by manufacturers can lead to serious injuries and even fatalities. According to the Center for Auto Safety, there have been over 180 safety recalls involving seat belts in both passenger and commercial vehicles from 2000 through 2006. There are a range of seat belt design flaws and inadequacies:

• Belt webbing being cut by another part rubbing against it
• Buckles that seem to latch but don’t
• Shoulder belts that might not retract
• Lap belt only designs
• Seat belt may not holding an occupant in place
• The retractor component of a seat belt malfunction, leaving slack in the seat belt
• Other failures of a mechanical components of the seat belt system

As a result of defective or faulty seat belts, individuals may suffer serious injuries:

• Concussions
• Spinal cord injury
• Paralysis
• Bone fractures
• Brain injury
• Contusions
• Death
• Disfigurement
• Head injury
• Internal organ damage
• Paraplegia

If you or a loved one has been injured due to a faulty or defective seat belt, you may be entitled to compensation for your injuries. Since Arizona personal injury law is fairly complicated regarding injuries caused by defective and inadequate seat belts, you should strongly consider contacting an experienced Arizona personal injury, who specializes in seat belt injuries.

Related articles

Tips on how to avoid auto accidents. It might be easier than you think.

Arizona Personal Injury Attorney: Riding in Pickup Truck Beds

Injuries while at a ballgame? It happens more than you think.

Over the past 10 years there have been injuries and deaths reported at some of the biggest sports venues in the United States.  Last year in Texas. a fan fell to his death from the stands when a player attempted to throw a ball into the crowd. In another incident, a 2 year old child died falling from a luxury suite.  Elsewhere, spectators were injured at a game when they were caught in the middle of two teams fighting one another which ended up in the seats.

For the most part, injuries sustained at sporting venues are not only common.  however, when they do occur they can range from minimal to life changing.

According to the Football Licensing Authority, spectators reported a total of 1,386 injuries during the 2009-2010 season alone. Those who attend the sporting events are presumed to know that they are taking a risk of being injured. The injury can stem from a bat, ball, puck, or any other kind of flying object. It’s part of the game even though owners have a duty to provide safety for the most dangerous parts of the venue itself.

If negligence is involved, that is a different story in its entirety.  Even though a spectator has assumed the risk of injury once they step into a sporting venue, the facility still has a legal responsibility to act reasonably in maintaining its premises, free of any known and preventable safety hazards.

Injured at a sports event? Question on the liability of the venue operator? Who decides? 

These questions are not simple.  If you get no assistance from the operators, seek a legal opinion from an experienced injury attorney.  You may or may not have a case, but you won't know until you ask.

Related articles

March is TBI Awareness Month

Your frequently asked questions answered by us part 7

10 Tips To Keep Your College Student Safe This Spring Break

Spring break is just around the corner and we know that many college students will be found on beaches in the warm and sunny weather venues. With that relaxation being the main priority of most, many tend to forget the simple things to remember in order to keep themselves safe. Below are 10 tips to help you stay safe while on vacation during spring break:

1. Book a hotel in a central location to limit the need to drive. The closer your hotel is to the beach, downtown or other areas where you plan to spend most of your time, the less likely you'll be to get lost or to be involved in a car crash. Avoid unlicensed taxi cabs by asking your hotel, restaurant or club to summon a ride for you, and if in doubt, pass up the car and wait for another one.

2. Avoid going out and/or traveling alone at night. There really is safety in numbers, and you and your friends can watch out for each other. Walking alone or even clubbing alone can make you a vulnerable target to people whose intentions are less than pure. Even a two-minute walk can be dangerous when you're alone at night - especially if you've been drinking.

3. Never go off with a stranger. Spring break can be a great time to meet new people, but that doesn't mean you should leave your group of friends to spend time with people you don't know. Even if your new acquaintances just want to walk down the street, stick to your group or at least bring along someone you know and trust.

4. Limit alcohol consumption to a reasonable level. Overdoing it on alcoholic drinks impairs your judgment, making you more susceptible to accidents and crime. Pace yourself, and avoid drinks with high alcohol content, like shots. Not only is it safer all around, you'll feel a lot better in the morning. If you plan to drink, always designate a sober companion in your group who can make executive decisions about everyone's safety.

5. Buddy System Yes, it sounds a little like summer camp in the third grade. However having an appointed buddy while on spring break is the number one best safety precaution. Especially if you are traveling in a large group, this person should help to make sure you get from place to place and keep tabs on you at clubs and when drinking. This works both ways, so you should keep an eye out for them too.

6. Remember that sun exposure and alcohol don't mix. Spring break often involves lots of time lounging in the sun and in hot tubs, both of which can intensify the effects of alcohol in the body. Take it easy, and remember to slather up with sunscreen with an SPF of at least 15, even when it's cloudy.

7. Use appropriate safety gear for sports and other recreational activities. Whether you're driving a scooter, skateboarding or just riding on a boat, protect yourself with any necessary equipment like helmets, knee pads and life jackets. 

8. Don't Drink and Drive No kidding, but when you’re under the influence in a foreign place, people can make bad decisions. Best bet? Just take a cab.

9. Know what to do in an emergency. It's easy to forget that in foreign nations, the phone number for emergency response is not 9-1-1. A State Department website called Students Abroad provides a list of these numbers along with detailed tips for health emergencies, evacuations, natural disasters, crime victims and assistance to U.S. citizens arrested abroad.

10. If you're traveling abroad, sign up online for the U.S. Department of State's Smart Traveler Enrollment Program (STEP). The STEP program enables the State Department to contact you in case of a family emergency, or to notify you of a crisis near your travel destination. You can also download a Smart Traveler iPhone App that provides additional tips and information.

Remember, staying safe should be the main priority of anyone. Especially those who are going on vacation or just taking a break from the same routine and heading out of town for some recharging time. Be safe everyone and have a great spring break!

Related articles

5 rules to keep your teen driver safe

Drugged driving on the rise, thousands arrested in Arizona

Highway deaths fall to lowest number since 1949; distracted accidents on rise

National highway deaths are down to the lowest level in over 60 years, according to the U.S. Department of Transportation's National Highway Traffic Safety Administration. 

In 2011, there were 32,367 highway deaths, decreasing 1.9 percent from 2010.  Additionally, this number was the lowest since 1949.

The Fatality Analysis Reporting System also reported that the number of national fatalities was the lowest ever recorded, down .01 percent from 2010.  Fatalities involving passengers in SUVs, minivans, pickups and passenger cars decreased 4.6 percent.  Deaths in crashes with drunk drivers took 9,878 lives as opposed to 10,136 lives in the previous year.  Unfortunately, fatalities involving large trucks, bicyclists, pedestrians and motorcyclists increased by 20 percent, 8.7 percent, 3 percent and 2.1 percent respectively.

Distraction-related accidents also increased by 1.9 percent, but officials are unsure of whether that number is due to increased reporting and awareness.

Despite Americans driving 1.2 percent fewer miles than in 2010, the NHTSA says that the change in number of deaths strongly outweighs the change in miles driven.  Officials believe the change was due to better technology, public education and through taking on issues like drunk driving, distractions and other safety hazards.

We are in more difficult economic times.  People have less money to spend. 

Less money to spend means less places to go, which means less cars on the road, which means fewer interactions and fewer auto accidents. 

How much of this is responsible for the decrease in accidents?  Hard to say.  But, are fewer accident happening because people are driving more safely?  After bring in the legal professional for 20 years, representing accident victims, I seriously doubt that to be the case. 

Whatever the reason, let’s hope the trend continues. 

Top Ways the U.S. Chamber of Commerce Hurts Americans

Generally, people believe that a "Chamber of Commerce" is a good thing for a community.  People believe that it has the best interests of a community at heart. People believe that a Chamber of Commerce is always good for the health of a community.

The following information may suggest something much different to you.  You see, a "Chamber of Commerce" is an organization that is established to attract business ("commerce") to an area.  As such, the goals are to cater to business--and not necessarily to the needs of the public  (the consumers).

Often, the "interests" of business are far different than the "interests" of the public.

Washington, D.C. —As the U.S. Chamber’s Institute for Legal Reform (ILR) holds its annual policy parade on how to eliminate Americans’ rights, the American Association for Justice (AAJ) details the most notorious ways the U.S. Chamber hurts and continues to hurt Americans.

A new publication called Top 10 Ways the U.S. Chamber Hurts Americans exposes the U.S. Chamber’s actions to 1) bail out Wall Street, 2) close the courthouse doors on American consumers, 3) protect polluters and 4) drown elections in corporate money. The list focuses on efforts that have had a direct, negative impact on Americans.  In truth, The U.S. Chamber is a front group for corporations that want to weaken the legal rights of American workers and consumers.  The U.S. Chamber’s actions put corporate profits over Americans rights and safety.

The last thing our country needs is to give corporations a free pass for their negligence and misconduct.  Year after year, the U.S. Chamber tries to fool the public into believing that good American jobs and accountability are mutually exclusive, and at the same time uses the judicial system to push its own agenda. This is hypocrisy at its worst.

The irony does not end with lawsuits. Despite its name, the U.S. Chamber has gone to bat for foreign corporations at the expense of American businesses. You see, it leans wherever the money comes from.  Even being a U.S. corporation is not always enough to win the U.S. Chamber’s favor.

Top Ways the U.S. Chamber Hurts Americans

1. Big Business Only
2. Beholden to Foreign Corporations
3. Do As I Say Not As I Sue
4. Drowning Elections in Corporate Money
5. Tampering with Juries
6. Stepping Up for the World's Worst Polluters
7. Pushing the Corporate "Get Out of Jail Free" Card
8. Funneling Special Interest Money into Washington

The American Association for Justice works to make sure people have a fair chance to receive justice through the legal system when they are injured by the negligence or misconduct of others—even when it means taking on the most powerful corporations.  Remember, inside the doors of an American courthouse, where the financial positions of the parties may not even be close (big business v victim), everyone is equal under the eyes of the judge and the law.  It is imperative, for our system of American justice, that these rights never be lost.  

However, the Chambers of Commerce don't feel the same.  They believe that anything that makes business accountable--and therefore possibly cuts into a business's profits (like lawsuits), is bad.  They want to eliminate these as much as possible, regardless of how bad their conduct may be, or, the degree of the damage they cause.  They want to be different from everyone else, that is, they do not want to be held responsible for the damage they cause.  The Chambers of Commerce are their lapdog for the pursuit of said injustice. 

I believe that an intelligent consumer is a well-informed consumer.  Next time someone suggest that the American Association for Justice is just a bunch of trial lawyers looking out for themselves — remember whose rights and interests they are really protecting.  Without laws, and people to enforce those laws, we would live in a lawless society.  Ever thought about that?

Some officers don’t use seatbelts. Could it be costly in the long run?

By the time his police cruiser tumbled to a halt in the underbrush beside the interstate in August, the young police officer had been flung clear of the car to his death, the same fate that had been suffered by 139 other officers nationwide who were ejected from their vehicles when not using a seat belt.  Although most state’s laws require police to use seat belts, federal data show that only about half of them do, and over the past three decades, 19 percent of the officers killed in accidents were ejected from their vehicles.

A Prince George’s County police officer who had dreamed of joining the force since he entered a law enforcement program as a teen died when his cruiser crashed on the Capital Beltway.  “We’ve been told it’s ‘I want to be able to get out of the car quickly, it interferes with my gun or it interferes with my belt, it interferes with my driving.’ All the wrong reasons,” said Geoffrey P. Alpert, a University of South Carolina professor who has studied high-risk police activities for more than 25 years. “I can understand if you’re pulling up to a scene and you undo your seat belt because you want to be able to get out quickly, but not when you’re going 100 miles an hour on the freeway.”

Prince George’s County Police Officer Adrian Morris died of head injuries Aug. 20 after being thrown from his cruiser when it left Interstate 95 during the high-speed chase of a stolen car. His partner, Mike Risher, was buckled in the passenger seat. He was treated at and released from a hospital that day.

That incident came a week after a Fairfax County police officer whose name has not been released was involved in a fatal accident. The officer was headed east on Franconia Road just before 3 a.m. Aug. 13 when a car swerved in front of his cruiser, striking it head-on. The car burst into flames, and its driver died. The officer was trapped, but he was pulled free and survived.

“Thank God he had his seat belt on,” said Capt. Susan H. Culin, who heads the county’s traffic division. “He’s very adamant that his seat belt saved his life.”

Seat belts and air bags have made the high-risk pursuit of criminal suspects less deadly than it once was, but for more than a dozen years, traffic fatalities killed more police officers than bullets did. The trend was reversed last year, when the number killed by gunfire — 68 — was four more than the number who died in traffic incidents. The question of when police should chase a fleeing suspect has been debated in public and law enforcement circles for years, leading most police departments to delineate their rules. Research has shown that 1 percent of chases end in a fatality and that an officer dies as the result of a pursuit every 11 weeks.

The National Highway Traffic Safety Administration determined that 139 officers died when ejected from their vehicles in crashes between 1980 and 2008 and that only 45 percent of the 733 officers who died in crashes during the period had their seat belts fastened.

By contrast, 84 percent of all American drivers use their seat belts, the NHTSA estimates.  In Prince George’s, the importance of officers using seat belts is stressed in the annual in-service training, a portion of which is devoted to safe driving, police said.  “You can change any policy and procedure that you want to change, reduce it to writing and stick it in your 400-500 page general order manual, but you’re not making any headway unless you change the culture,” Davis said.

He calls the three reasons most officers give for eschewing the seat belt — it gets tangled with their gun belt, it delays their exit from the car and it hampers their ability to dodge a bullet — “absolutely absurd.”  “It’s a bunch of garbage, and I just don’t buy it,” he said.

This writer agrees. I don’t buy it either. To me it is pure laziness and a blatant violation of the traffic laws. As a Phoenix Car Accident Lawyer, no one is truly safe from an accident; not even our Police Officers. So why wouldn't they wear their seat-belts. It is after-all the law isn't it?

They don’t wear it “in case they have to chase a fleeing suspect”?  Yeah right. That happens often.

I have the greatest respect in the world for police officers, but cannot respect a hypocrite. 

DO AS I SAY, NOT AS I DO?  That works with my kids, but not with police officers who are much better trained in safety procedures and maneuvers than almost any other segment of society. 

Come on guys, get real.  Obey the same laws that the rest of us obey, and that you are more than happy to write a ticket for

That life you now “serve and protect” might just be your own.

Fan violence, unruly behavior and drinking excessively: Our national past time?

Going to the ball game isn’t what it used to be. Not only because the rising costs of tickets, but also because of the rising incidents that occur because of alcohol. A recent study conducted by the University of Minnesota, 362 adults exiting 13 baseball games and three football games were asked to complete a survey and submit to a breathalyzer test to determine their Blood Alcohol Concentration (BAC).  This study was the first ever conducted to measure blood alcohol content immediately after professional sporting events in the United States.

Results of the BAC revealed:

• 60% of participants exiting the game had zero BAC
• 40% showed a positive BAC
• Nearly 8% were legally drunk

The study also showed that people under the age of 35 were eight times more likely to be legally drunk than other fans, and those who "tailgate" before the game were the worst offenders. Tailgaters were shown to be 14 times more likely to leave a game intoxicated.  In an anonymous survey following the breathalyzer test, one in four tailgaters admitted to consuming at least five alcoholic beverages. Those with the highest BAC range consumed an average of 6.6 drinks.

The study also showed that one out of every 12 fans attending a football or baseball game will leave the stadium legally drunk. Let’s do the math. If 60,000 people show up to a football game and one out of 12 leaves drunk, that’s 5,000 intoxicated people on their way home.  The most alarming thing is a good percentage of these intoxicated fans will probably get behind the wheel and drive home.

In an effort to minimize alcohol related incidents many sports stadiums and arenas have set their own policies. For example at the University of Phoenix Stadium, where the Arizona Cardinals, play they strongly encourage all fans to exercise responsible consumption of alcoholic beverages.  A few of their rules include:

• Any fan that shows signs of impairment and/or intoxication will not be allowed to enter or will be removed from University of Phoenix Stadium and subject to arrest.
• Any attempt to bring alcohol inside the stadium or possession of an alcoholic beverage not purchased from the University of Phoenix Stadium concessionaire may result in ejection.
• Concessionaire staff members reserve the right to deny service to fans that show signs of impairment and/or intoxication.
• A maximum of two alcoholic beverages or 32 ounces of beer will be sold per person per transaction.
• Alcohol sales in the general seating areas of University of Phoenix Stadium will stop at the conclusion of the third quarter.

Angel Stadium of Anaheim, home of the Los Angeles Angels, takes it a step further by not even allowing people to bring alcohol into the parking lot or consume it there.  They also stop the sales of alcohol inside the stadium at the conclusion of the 7th inning.  Indeed, MOST professional baseball ballparks cease sales of alcohol at the end of the 7th inning.

Unfortunately not all sports facilities have strict policies regarding alcohol. As a Phoenix Personal Injury Lawyer, they all should have them.

THE QUESTION: 

If someone drinks too much at a game, and causes an accident later that hurts someone, who is liable?

THE ANSWER:

In addition to the at-fault party, the stadium authority, the team and the vendor ALL may be at fault. At these stadiums, just like every restaurant and bar, a liquor license is needed to sell alcohol.

In selling liquor with a license, the same rules exist for all:

You cannot sell to a minor;

You cannot sell to a person who is intoxicated, or obviously intoxicated;

You cannot sell more than a certain amount to any one person.

The sale of alcohol, as all things, requires observation and common sense.

Question: Well, what if the person who got drunk and caused the accident didn’t make the actual purchase—they had someone else buy it all for them?

Under the Arizona liquor laws, it makes no difference. If they obtained and consumed alcohol on the premises of a liquor licensee, got drunk and later caused harm, there is liability on the licensee.

What would be the contrary result? The “I didn’t know” defense?

Too convenient and too easy. The burden rests on the liquor licensee.

Alcohol is a drug. Those who consume must be responsible, and those to make a living selling it must be responsible. 

The contrary result is scary… 

Is your Lawyer a Trial Lawyer? Ask, then verify

 

After an injury, a personal injury lawyer can be a big part of helping you get your life back together. If you’ve been seriously hurt as the result of someone else’s misconduct, your life has probably become much more complicated overnight. How will you get to work? How will you pay your bills if you can’t work? What about your family? How do you deal with all the insurance forms? The medical bills?  Other losses?  You are in pain, and your body and mind are not capable of dealing with all of the hassles, the stress and the uncertainties that seem to come at you from every direction.  You know you need a good Phoenix personal injury lawyer to help you sort all this out, but how will you choose one?

First and foremost, know this:  Not all lawyers are the same.  If your lawyer advertises primarily for bankruptcy, or divorce, or criminal law, but their ad also mentions “personal injury cases”, you should look elsewhere. 

Second:  All personal injury lawyers are not all equally suited to handle your case.  In fact, not even close.  But how do you tell the difference?   It is crucial that you get help from one with extensive trial experience. You may be saying right now, “but I don’t want to go to trial”. Good question.  Let me give you some insight:  Neither do the insurance companies or their lawyers.  So, how do you choose an attorney who can best help you avoid a trial?  Simple you hire a “trial attorney”.  Let me explain.

There are many law firms that do not litigate cases.  Indeed, many of the big advertising firms do not litigate cases.  Insurance companies know this.  Trial lawyers litigate cases.  Insurance companies know this.  So, when negotiating a case, and knowing now that insurance companies do not like to go to trial, which group of attorneys do you think scare insurance companies the most, the attorneys who they know don’t or won’t file a lawsuit, or the attorneys who have reputations for filing lawsuits?  Yep—you guessed it.  Insurance companies will pay MUCH more attention to the attorneys who are more ready to challenge them in court—the TRIAL ATTORNEYS. 

Trial lawyers, as the name implies, direct their efforts to digging deep and preparing a case as though it will be necessary to take it to court (indeed, this is the best way to keep it out of court--let the other side know you are serious), while non-trial lawyers spend most of their time trying to arrange things to settle as quickly as possible. Again, if the insurance companies aren’t convinced you are serious, they often won’t offer you anything close to a fair settlement for your case.  Which type of lawyer is best for you?

The best personal injury lawyers are “trial lawyers”.  And even moreso, the best trial lawyers are those that have been recognized by the Arizona State Bar as being a Certified Specialist in Personal Injury and Wrongful Death.  An attorney cannot earn this honor with being a “trial lawyer”, and, less than 2% of all attorneys in Arizona are Certified Specialists.   In these days of insurance company advertising and propaganda, it is even more important than ever to make sure that the attorney you hire is a true trial lawyer.  You are assured of this when you hire a Certified Specialist.

So how can you be sure that yours is a trial lawyer? 

The answer is easy:  Ask, then verify:

1. How long have you been an attorney?
2. How many cases have YOU tried?
3. In which courts?
4. What results did YOU get?
5. How many of those cases were cases similar to mine?
6. Are you a Certified Specialist?

Phoenix Personal Injury Lawyer Christopher Zachar at Zachar Law Firm, P.C. has years of experience in dealing with personal injuries and specializes in getting victims fair compensation for their pain and suffering. Chris is a trial lawyer, and a Certified Specialist in Injury and Wrongful Death. 

If you’ve been injured as a result of someone else’s misconduct, your road to recovery, and getting the other side’s insurance company to do what is right may be a difficult one. The best way to stand up and fight for your rights is to get someone in your corner who has the experience to fight for you, to help you win your case.

Maricopa County Jury Awards $7.8 million in Negligence Verdict Against ADOT

Phoenix AZ, February 13, 2012:

On Thursday February 9^th 2012, a Maricopa County jury returned a $7.8 million jury verdict against the State of Arizona and Arizona Department of Transportation in a roadway negligence case. 

On August 19, 2007, the Glazer family from Southern California was returning home after dropping off their oldest daughter to start college at the U of A.  As they approached Phoenix on I-10, on the Gila River Indian Reservation, an eastbound vehicle lost control, crossed the median and hit their van.  There was no median barrier.

50-year old Michael Glazer and 6-year old Sydney Glazer died in the crash. Plaintiff Diana Glazer alleged that the State and ADOT were negligent for failing to provide a median barrier in this location and that a median barrier would have prevented the collision Nine months after Michael and Sydney Glazer died, two more people died in a crossover accident at the same location.  A lawsuit based on that collision is pending.  There is still no median barrier at this location.

Representation for the Plaintiff was Chris Zachar of Zachar law Firm in Phoenix, Arizona