Zachar Injury BLOG - Personal Injury & Accidents in Phoenix Arizona

Visit My New Blog at www.ZacharLawBlog.com

2009-12-17T08:20:00.000-08:00

I hope all of you who have been reading this have enjoyed what I have written so far and will continue to follow along. To do so please visit my new blog site at http://www.zacharlawblog.com/.

I started this wondering if I could actually commit to the time and effort that it takes to produce information that I feel is actually relevant and important for people to know, people who are not attorneys.

I didn't want to spew out whatever thoughts were in my head, because that would be way to random and not at all understandable. However, I did want to spew thoughts that would help educate people who are not familiar with the legal system and are maybe a little intimidated by attorneys. I understand some of us can be a little aggressive and confusing. But would you want an attorney who wasn't aggressive in fighting for your rights? The confusing part comes from the fact that we have to speak the language of the legal system, as well as English, and that doesn't always translate very easily.

Regardless, I found that I can commit to the time and effort, it is the creative side of this I wasn't really ready for. Let's be honest here, attorneys have no lack of words, but putting them forth in a way that is engaging to a lot of people is tricky and takes a talent that not everyone has. I believe I am coming along and hope that I become more entertaining as my experience with blogging grows. I hope that you all agree and will continue to grow with me and my new blog at http://www.zacharlawblog.com/.

On Vacation and in an Accident – What Should You Do?

2009-10-29T13:09:00.000-07:00

The last thing anyone wants is to be in a car accident. Try compounding the frustrations and difficulties resulting from a car accident with the inconveniences of traveling and being away from home. What should someone do when they are on vacation and in an automobile accident?

Whether away from home or not some things should be automatic wherever you are. You should safely pull your car out of traffic or away from danger, if possible. If not possible, remain in your vehicle until you are sure that it is safe to get out. If you have a cell phone, call 911 and ask for officer/emergency assistance.

Reporting your accident to the police is a MUST, wherever you are. There have been a great many cases where an innocent victim has failed to recover for property damages and medical bills, merely because they failed to call the police to the scene. Generally, people involved in a traumatic event are shaken and scared, and through these emotions often comes an inherent honesty. That is why getting a police officer to the scene is mandatory. After people leave the scene, they tell spouses, family, friends, co-workers, etc… about the accident, and begin to evolve a concocted tale about how the accident occurred and that they were not at fault. By the time the insurers get involved, this tale has been perfected, and the insurance companies adopt their own insured’s version. Now, you have a fight on your hands. It is your word against theirs, and, as the person bringing the claim, YOU have the burden of proof. The difficulties are only compounded when you live somewhere different than the place where the accident occurred.

When in an accident and injured out of state, the problems can compound. You may need medical treatment---will your health insurance cover it out of network? Do you have the means for food and shelter for the time period you will have to remain in the area? Where will you get your car repaired? If your car takes more than one day to fix you may have to travel hundreds of miles to pick it up. Insurance coverage doesn’t go as far when there are more expenses to cover and more distance involved. It is also important to know what your insurance covers before you start accruing expenses you cannot afford.

When it comes to recovering for damages from your accident, many factors will affect your ability to recover. Which state laws will apply? Where did the accident occur? What is the nature and extent of your injuries and medical care? Where was your medical treatment received—in or out of state? Where are the witnesses, and how can they be effective if out of state? Do the costs of travel and legal expenses merit the bringing of a claim?

The best anyone can do is to prepare for the unexpected. If you are traveling away from home, check up on your insurance coverage and know its limitations, especially when traveling out of the country. (Very few insurers cover losses out of country) Visit the Motor Vehicle Department website for any states you will be traveling in so you are aware of any laws that differ from your hometown, because you will be expected to abide by them. You can also find information on driving laws for any state at Online Traffic Resource Guide. Carry with you important numbers, including your auto and health insurance companies and roadside assistance.

If you do happen to be in an accident in another state you should contact a personal injury attorney that is licensed to practice in that state. It is likely you will not know any attorneys licensed there so it is a good idea to contact the State Bar website in that state. You can most likely find an attorney who specializes in the area of law that you need, and also, find out if the attorney has had any disciplinary record.

If you happen to be traveling thru Arizona and have the misfortune of being in an accident, give me a call. There is no cost to talk to me, and I will help you as best I can whether a formal attorney-client relationship is formed or not. I am a certified specialist in Personal Injury and Wrongful Death. We are here to help.

THE DANGERS (?) OF HALLOWEEN

2009-10-27T10:23:00.000-07:00

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!!!!

Correctly Installed Car Seat Saves One-Year-Olds Life

2009-10-23T11:29:00.000-07:00

We hear all the time about children getting hurt in accidents because they were not in a car seat but today is the day I get to congratulate a parent for having their child properly restrained in a vehicle.

Last month a van hit a pick up truck from behind and then rolled causing severe head injuries to the driver and minor injuries to the two people in the truck. However, there was also a one-year-old girl in the van who was not seriously injured because she was in a car seat that had been installed correctly.

Rollover accidents cause some of the most severe injuries and this baby girl avoided all of that thanks to a parent who took the time and effort to make sure she was as safe as possible when riding in the car.

According to the Glendale Fire Department, speed and inattention may have been factors in the accident. Unfortunately, we may never be able to completely focus all of our attention on one thing, there are just too many distractions in daily life. However, we can always take preventative measures, like purchasing car seats for our young children that are appropriate for their height and weight and installing them correctly.

Every personal injury attorney in the valley including myself will tell you how important it is for everyone in an automobile to be properly restrained. I have seen too many peoples live changed drastically from injuries that may have been avoided had they been wearing a seatbelt.

For information about what type of car seat is right for your child, car seat ratings, inspection stations and more you can visit the National Highway Traffic Safety Administrations website at www.nhtsa.dot.gov/.

For information about what to do if you have been injured in an accident such as this one visit our website at http://www.zacharlawfirm.com/ or e-mail me directly.

Halloween Marks an Increase in Child Pedestrian Deaths

2009-10-20T10:37:00.000-07:00

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:

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.
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.
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.
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 .

8-Month Old Drowned in Bathtub

2009-10-15T11:06:00.000-07:00

I really hate writing about these horrible accidents, but the more I read about them, the more I feel like I have to continue to spread this knowledge. If this helps just one family, if just one person who reads it changes their methods, the less often these accidents will happen. So please, keep reading.

An infant died last month after drowning in a bathtub at his grandmother’s house in Phoenix. Apparently there was a party going on and the 8-month-olds mother laid him in the empty tub for a nap. After about 20 to 30 minutes the baby was found submersed in water. Family members began CPR and fire officials took over when they arrived. The baby was not breathing and had no pulse when he arrived at the hospital. He was later pronounced dead.

According to Fire captain Alex Rangel there were several families there and children from 3 to 6 years old. As of right now, officials either do not know or are not divulging how the tub became filled with water.

This is one of the most terrible incidents I have heard recently, and one that will haunt this family forever. I do not want to sound callous in any way, however, in the hopes of preventing another tragedy like this one, I am going to say what some may feel I shouldn’t: What were these people thinking? Is there anyone reading who has ever thought the bathtub might be a good place to put your baby down for a nap? Stop right now and map out your thought process….

I have three (3) children, and fully understand what goes through a parent’s mind when away from home and your baby needs to nap. But never in my life did I think, hey, this bowl which is meant to hold water and has a water tap would be a good place to leave my child. I know people probably think, “well, an 8-month-old could never manipulate a faucet so why not?” OK, ummmm---I don’t care!!! Not a good idea! There are others in the house. There are little kids in the house. Nothing good can come from this. Nothing.

As adults it is our responsibility to think of the worst possible scenario when it comes to the safety of our children. Regardless of how “safe” it might seem, haven’t we all heard enough horror stories of child drowning incidents to give us 100% pause when we are around water with our kids?

Let me be clear on this by saying it one more time: A bathtub is not an acceptable place to lay your child down for a nap!!

If someone else is watching your child and something like this happens they may be negligent please seek professional legal help. Parents trust that day care providers, baby sitters, teachers, and coaches will protect and supervise their children while in their care. When adults fail to supervise and adequately protect your children, they can be held liable if your child suffers serious injury.

Our deepest sympathies go out to this family. I cannot imagine their grief and pain, and sincerely hope that this is the last time that this ever happens.

Sedona Sweat Lodge Tragedy

2009-10-13T10:55:00.000-07:00

Thursday night, 2 people died and 19 others were hospitalized after taking part in a sweat lodge ceremony hosted by self-help author and inspirational speaker James Arthur Ray. Ray has hosted the retreat and sweat lodge ceremony at the Angel Valley Retreat Center for seven years, and according to the owner, Amayra Hamilton, there had never been any problems.

The “Spiritual Warrior” retreat was a five-day program about which Ray’s website states “There is no sacrifice—only greater and more magnificent results, wealth, adventure and fulfillment.” The program involved 36 hours of fasting which ended with a breakfast buffet Thursday morning and culminated in the two-hour sweat lodge ceremony at 3 p.m. (A sweat lodge is an enclosed space made to be sauna-like by digging a pit in the center for hot rocks, which water is then poured over. Traditionally the frame was built of willow branches which were then covered with blankets and animal hides. Sweat lodges were traditionally used by Native Americans to cleanse the body and spirit. Apparently, the tradition has also been kept alive and is used rather frequently by the “New Age” community.)

Due to the nature of a sweat lodge, it seems to be common knowledge that there is a certain degree of danger involved in the process. Many people have commented about the number of people that were allowed in this sweat lodge. The consensus seems to be that no more than 12 people are usually involved. The main reason is so that the host can monitor each and every individual’s spiritual and physical process.

At some point during or after this particular ceremony, Kirby Brown and James Shore collapsed into unconsciousness. Someone called 911. Brown and Shore, along with 19 others, were taken to the hospital. Kirby Brown and James Shore were later pronounced dead. Four of the others are still in the hospital, one in critical condition.

I have read many comments from people who are familiar with sweat lodges. In this day and age of responsibility and liability, I truly wonder how Mr. Ray could possibly have been aware of the condition of all 64 people in that sweat lodge? I don’t see how he could unless he had many assistants helping to monitor everyone----I haven’t heard any reports that he did. We do not know exactly how many people were helping Ray to monitor the participants, but regardless, they apparently failed, considering 21 people needed medical assistance.

The Sheriff’s Department is investigating and taking care to determine whether criminal negligence played a role in the deaths. Regardless of whether criminal charges are brought, civil liability certainly seems plausible here. The proprietors of this event have legal responsibilities, called “duties”, to know what they are doing, to know the dangers of what they are doing, to adequately communicate these dangers to their guest and to properly monitor, as needed, for these dangers throughout each careful stage. Obviously, something went very wrong here. We will be watching with great interest the outcome of this one.

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

Motorcyclist Hit by Truck Last Wednesday in Buckeye

2009-10-08T11:25:00.000-07:00

A motorcyclist was hit by a truck last Wednesday, and sent to the hospital in serious condition.

Larry Halcomb was riding his motorcycle, without a helmet, southbound on Watson Rd. when a truck trying to turn right onto Watson hit him. Halcomb was driving the speed limit and the driver of the truck, while not impaired, stated that she never saw the motorcycle. This is the most common cause of motorcycle accidents: DRIVERS JUST DO NOT SEE THEM!!

Motorcycle helmets are another topic I regularly discuss on this blog. This type of accident is the reason why. Everyone was doing what they should have been doing. No one was intentionally “breaking the law” or being reckless. Unfortunately, inattention and negligence resulted in a very serious trauma for Mr. Halcomb.

According to one of his co-workers, Mr. Halcomb normally wore a helmet, but it had been stolen recently. This really drives home how we can’t take chances with things like this, not even one time. This rider normally wears a helmet and one of the few times he doesn’t, he suffers severe injury. How do you like those odds? Do you know also that a majority of motor vehicle accidents occur within only a few miles of home? That quick trip to the store. “I’ll only be in the car for a minute and don’t need my seatbelt….”. Guess when the accident is going to happen? Yep.

As I was writing this I started wondering what options might be out there for someone who cannot afford a helmet. I came across the MCF Free Motorcycle Helmet Project website. The Michelle Combs Foundation was started by the Alpha Kappa Psi fraternity at the University of Arizona in her memory. Michelle was a passenger on a motorcycle that was hit by a car back in 2005. She was not wearing a helmet and died after being thrown from the cycle.

If you ride a motorcycle and don’t wear a helmet, please, take down my information, because you will very likely be needing it. I am a personal injury attorney and I can help you collect from the insurance of the at-fault driver, or, if necessary, I can assist your family collect from the same after you are gone. Hopefully there will be enough money for your family to pay for medical bills and some grief counseling. Of course, I won’t be able to properly explain to your children why something like this had to happen, but I will do my best to help them through the most difficult time of their lives.

Here is that website again: http://freemotorcyclehelmets.com/default.aspx

Tort Reform: A Bad Bargain That Won't Fix Health Care by Anthony Tarricone

2009-10-06T12:38:00.000-07:00

On Friday, the Associated Press reported that a southern Illinois woman died after catching fire on the operating table during surgery. This woman unfortunately joined the least discussed, but most far-reaching statistic in health care: according to the Institute of Medicine, 98,000 people die annually from preventable medical errors.
To put this into perspective, 98,000 deaths is like two 737s crashing every day for a whole year. If this were the case, would lawmakers consider giving the airlines immunity, or make air travel safer instead?
As part of a "grand bargain" to create a bipartisan health care bill, some have said tort reform should be included. For most people, the term "tort reform" is empty and meaningless. But here's what it means: taking away the legal rights of patients, injured through no fault of their own, and preventing them from obtaining legal recourse. And it isn't fact-driven or grounded in reality; rather, it's just part of the Washington sideshow to distract from what really plagues our country's health care system.
Look at what the actual data says: 98,000 people dead every year from preventable medical errors, at a cost of $29 billion. Countless more are seriously injured with astronomical costs. The Congressional Budget Office and Government Accountability Office have looked at tort reform multiple times, and said it will save practically no money. They also found no evidence of so-called "defensive medicine," finding that doctors run more tests because of the fee-for-service structure, or because of the benefits extra tests have on patient care.
Additionally, a 2006 study from Harvard found that 97% of cases were meritorious, totally debunking the idea that frivolous lawsuits plague our courts. And while 46 states have enacted some kind of tort reform, health care costs have continued to skyrocket, while injured patients or their families often can't seek justice.
It's no coincidence that the same people who have hijacked our health care system -- the insurance companies -- are the same folks who want tort reform. Insurers charge exorbitant amounts for malpractice coverage, raking in billions of dollars off the backs of doctors. Then, the insurance companies lobby for tort reform, and promise to pass the savings onto physicians and consumers. Of course, the savings never materialize, while injured patients are left holding the bag. We've been fooled once before, and shouldn't let it happen again.
Watching all the health care debate and cable news punditry, you hear about different parties having to "give something up." For example, the insurers, drug companies, the AMA, and hospital associations have all been involved in trades or negotiations so their own interests are taken care of in the health care bill.
But what about the interests of actual patients, who know better than anyone what good health care should look like? Or the interests of injured patients, who know better than anyone the consequences of bad health care? Their rights and concerns aren't being considered, and in fact, lay on the chopping block.
Injured patients have suffered enough. They shouldn't have additional barriers thrown in their way to seek justice, or be told their life is worth a set arbitrary amount. Instead, we should focus on preventing these people from being injured in the first place. Fewer errors equals fewer injuries, and fewer injuries means less litigation. Fix the problem on the front-end, rather than discussing ways to bargain away the rights of already injured patients.
Forty-six states have tort reform, and American families still shoulder exorbitant health care costs. All the facts and data say it doesn't work. There's still 98,000 people dead every year from medical errors. But when political gamesmanship and backroom deals take over, the facts fly out the window.
This health care bill has a long way to go. But let's be perfectly clear: patients' rights aren't negotiable. Tort law changes won't fix health care, but only make it more difficult for injured patients to seek justice. Instead of bargaining away patients' rights, Congress should consider their safety first. There's at least 98,000 reasons why they should!!

This article was written by:
Anthony Tarricone
President of the American Association for Justice
Posted: September 22, 2009 01:38 PM

Get Teens Talking to Help Keep Them Safe on the Road

2009-10-02T07:46:00.000-07:00

For those of you who read my blogs you know I have a special interest in keeping kids safe. I have three of my own, one who will be driving in a few years. Accordingly, I was glad to here about AAA Arizona’s teen driving public service announcement contest.

Teens interested in entering the contest must create a 60 second public service announcement, designed to build awareness on the biggest issues facing teen driving behaviors. Topics addressed can include: driving while impaired, distracted driving, aggressive driving, seat belt use, speeding and others.

The contest is only part of a larger campaign initiated by AAA. The campaign was created to encourage teens to talk about driving, therefore, making them aware of the issues and what they can do about them, and finding out how they feel about all of this.

AAA also launched an interactive social website in July. All of you who have teenage drivers should visit the site at www.aaateendriving.com. Make sure to introduce your teen driver to the site as well.

I applaud the AAA and any entity that strives to educate our children in hopes to keep them safer. Considering that 6,000 teens die and 300,000 are injured in the United States every year in car accidents, we can use all the help we can get.

According to police, echoed throughout the driver’s education community, the biggest problem seen in teen drivers is inattention. The only thing that can help with this is experience. Obviously, we can’t do anything to speed up time, but we can do lots of things to help teens get the experience they need behind the wheel. Driver’s education classes are so important----please make sure your teen enrolls and is active in a program. The more time behind the wheel the better, so having your teen get a driver’s permit, and allowing him/her to practice with you in the car before being allowed to get a license is priceless.

I would be happy to never again have to represent an auto accident victim who was injured or worse killed in a car accident that could have been prevented with a little preparation and education.

**If you have any questions or comments please visit my website at www.ZacharLaw.com or email me directly at CZachar@zacharlaw.com.

7-Month-Old Baby Struck and Killed by SUV in School Zone

2009-09-29T09:01:00.001-07:00

Clayda Lozoya was walking on the sidewalk with her 4 year old son and pushing her 7 month old in a stroller, when he was struck and killed by an SUV. The driver of the SUV had just dropped off her child at the Westwind Middle School Academy and was exiting the parking lot when she struck the stroller. Lozoya was able to push her older child out of the way, but the stroller was pulled under the vehicle. The baby was pronounced dead at the scene.

According to reports the driver may have looked left but there was no mention that she looked right--which is the direction Lozoya and her children were coming from. As of yet there have been no charges pressed against the driver of the SUV who, per reports, was emotionally devastated.

There are many things about this case that concern me but a couple I really feel need to be addressed here. For one, I recently posted a blog about school zones, and mentioned the guidelines established by the Arizona Motor Vehicle Department. However, how can we expect drivers to follow the guidelines if the school zone is not posted? I know that the driver in this incident was well aware of the school zone, considering her child attends that school, but it could have been someone else. Rick Mata, the baby’s father stated “Every school out there has a sign that says 15 miles per hour, why not right here?

Another concern I have is that as drivers, we all need to “know our cars”. SUV’s and trucks are taller than most cars, thus, often you may have a blind spot directly in front of you. It is possible that a person, especially a small child, can be right in front of your car and you wouldn’t see them. ALL DRIVERS: When leaving a parking lot, ESPECIALLY IN A SCHOOL ZONE OR FROM A SCHOOL, drivers should always be watching for children and pedestrians, and should always be traveling at a slow speed. You can’t predict the actions of a young child any better than anyone else. CAUTION is the rule! There are no exceptions here!!

I do not know all of the details of this case, but can surmise what occurred here: Driver inattention, and perhaps, mommy inattention. I was watching the news that night and saw the tearful and horrifically emotional interview with the mother of the deceased 7 month old. Nothing will bring her baby back. Attention—Attention—Attention would have prevented this horrible tragedy. A few more seconds only, yet, a life lost forever, and no less than 2 families destroyed by this incident.

Everything about this accident is disturbing. Our hearts go out to all those affected.

Collision with School Bus in North Phoenix Claims One

2009-09-23T21:05:00.001-07:00

This is the story we never want to hear. One teenager is dead and another critically injured after their vehicle collided with a school bus.

I have been writing about driving behavior in school zones for months now, ever since school started. Nevertheless, at 7:35 this morning, the bus driver was beginning his pickup route. He was traveling westbound on Union Hills with an empty bus and was turning left onto 12th street when a Volkswagon hatchback traveling eastbound struck the side of his bus. The Volkswagon ended up crushed underneath the bus. The teenage driver was pronounced dead at the scene and the passenger was taken to the hospital in serious condition.

A parent who lives in the area said that neighbors have complained about speeding and reckless driving on Union Hills, especially between 12th street and 20th street. North Canyon High School is at 17th street and Union Hills, therefore I can’t help but jump to the conclusion that a lot of the speeding is done by the high school students. I am sure that complaints like these are common in areas with schools, especially high schools. I was a high school student and I remember how excited I was to have a car and how much fun it was. I wasn’t necessarily reckless or careless, however, at the time I just felt carefree. I don’t think the friends of these teenagers feel “carefree” right now.

I am curious for how long, how often, and to whom these people have been complaining. I wonder if they have been complaining to the city, and if so has the city responded in any way? For example, lowering the speed limit or posting an officer to monitor the situation. I wonder if they have been complaining to the school, and if so has the school responded in any way? For example, communicating with the students about safe driving and informing parents of the problems therefore making them aware of the dangers to their children. The lack of such would not necessarily render any of these agencies “legally liable”, but at times like this, the issues are much more important than legal liability. When a life has been lost, the right to make a claim does not really do justice, does it?

As I have said before and will probably say hundreds of times more, we are all responsible for our children’s safety and that does not stop when they become old enough to drive. Yes, it becomes more difficult, and yes, we have to help them in the long run to take this responsibility upon themselves because God knows we won’t be able to take the pain away from them if something like this ever happens to them or one of their friends. We have to figure out ways to impress upon them the dangers of driving without making them terrified to get behind a wheel.

I recall reading a Dear Abbey column when I was young. I have never forgotten it. I think this should be mandatory reading before a teenager gets a driver’s license. It is called “Please God, I’m Only 17”. Here it is:

PLEASE GOD, I’M ONLY 17!
"The day I died was an ordinary school day. How I wish I had taken the bus! But I was to cool for the bus. I remember how I wheedled the car out of Mom, "SPECIAL FAVOR", I pleaded, "All the Kids drive." When the 2:50 bell rang, I threw all my books in the locker. I was free until 8:40 tomorrow morning! I ran to the parking lot....excited at the thought of driving a car and being my own boss. Free!
"It doesn't matter how the accident happened. I was goofing off...going too fast, taking crazy chances, but I was enjoying my freedom and having fun. The last thing I remember was passing an old lady who seemed to be going awfully slow. I heard the deafening crash and felt a terrific jolt. Glass and steel flew everywhere. My whole body seemed to be turning inside out. I heard myself scream.
"Suddenly I awakened. It was very quiet, a police officer was standing over me. Then I saw the doctor. My body was mangled, I was saturated with blood. Pieces of jagged glass were sticking out all over. Strange that I couldn't feel anything.
"Hey, don't pull that sheet over my head. I can't be dead. I'm only seventeen, I've got a date tonight. I'm supposed to grow up and have a wonderful life. I haven't lived yet. I can't be dead.
"Later I was placed in a drawer. My folks had to identify me. Why did they have to see me like this? Why did I have to look at Mother's eyes when she faced the most terrible ordeal of her life? Father suddenly looked like an old man. He told the man in charge, "Yes, He is my son".
"The funeral was a weird experience. I saw all my relatives and friends walk toward the casket. They passed bye, one by one, and looked at me with the saddest eyes I've ever seen. Some of my buddies were crying. A few of the girls touched my hand and sobbed as they walked away.
"Please...Somebody...WAKE ME UP! GET ME OUT OF HERE! I can't bear to see my Mother and Father so broken up. My grandparents are so wracked with grief they can barely walk. My brothers are like zombies. They move like robots. In a daze, everybody! No one can believe this. And..., I can't believe it either.
"Please don't bury me! I'm not dead! I have a lot of living to do! I want to laugh and run again. I want to sing and dance again. Please don't put me in the ground. I promise if you give me just one more chance, God, I'll be the most careful driver.
Please God, I'm only seventeen!"

New Arizona Law Boosts Burden on Patients Harmed by Medical Negligence

2009-09-22T08:30:00.000-07:00

A new Arizona law, sb1018, has shifted the burden of proof in emergency care medical malpractice cases, making it more difficult for patients harmed by emergency procedures to prove their cases.

Previously Arizona law required the injured victims demonstrate that medical malpractice occurred by a “preponderance of the evidence.” Under this standard, an injured person needed only to demonstrate that malpractice was more likely to have occurred than not.

However, under the new law the injured victim must provide “clear and convincing evidence” that malpractice occurred. This is a much higher burden, requiring that the injured person convince the court that it is substantially more likely than not that medical malpractice occurred. This makes it even more difficult for a person injured by medical negligence to prove their case. No other type of civil claim in Arizona has such a demanding standard of proof.

Legal experts say the practical effect of this change will be to reduce the odds that a patient harmed by improper medical procedures will prevail in court. Critics of the law say that as a result of this change, patients harmed by incompetence or negligence will be stuck with both the medical repercussions of the substandard treatment and the financial burdens of future reparative surgeries and therapeutic procedures. In truth, a very large number of people who are injured by a medical mistake will not be able to bring a claim at all, for want of being able to find an attorney to help them. This is the first step in closing the door to the courthouse for an injured victim or their family.

Supporters of the bill claim it will help Arizona attract more emergency room doctors and nurses to the state by lowering the costs of medical malpractice insurance. This is absurd. There is no credible evidence that hospitals cannot attract physicians for the ER, and no evidence that this might otherwise be the case due to potential liability concerns. Indeed, a 2006 study of the shortage of emergency department personnel showed that fear of a lawsuit was a minor aspect of the problem. The research shows that long hours and relatively low pay (i.e. low health insurance reimbursement) play a much larger role in doctors’ reluctance to commit to emergency room care.

The liability protection bill was supported by lobbying efforts by the Arizona Medical Association and the Arizona chapter of the American College of Emergency Physicians. Of course. Doctors, like most people, do not like being told that they have committed a wrong. The role of the civil justice system is to not only to call them out on their wrongdoing, but also to make them (actually, their insurance company) pay for the mistake. However, if they can change the law to make the burden more difficult, they are one step closer to insulating themselves from any liability at all for their mistakes. This new Arizona law takes a big step in that direction.

Doctors don’t like to be told they made a mistake. Insurance companies don’t like to pay money to injured victims. Indeed, often they will do whatever they can to avoid it. Any legislative measures that are taken to curb YOUR rights to sue or recover for the wrongs of others are called “tort reform.” Insurance companies, the medical profession, large businesses and your Congress are trying to make people think that this is a good thing. They want you to believe that they cannot run their businesses in a normal way, or that they cannot compete with other businesses in foreign countries because of the legal system in the United States that holds them accountable for their wrongdoing.

Wait----you mean that our civil justice system in the United States is a means of holding wrongdoers accountable for their conduct???? And, doctors, insurance companies and Congress want you to believe that is a bad thing??? Of course they do, because it helps pass laws like this, which insulate doctors from responsibility for their wrongs and help insurance companies save money when they might otherwise have to pay.

The doctors and their insurers will hail this as a victory. Of course they will—it is a victory for them. But at the same time, as in most things, if there is a winner there is also a loser. The losers in this scenario are the citizens and residents of Arizona. For the most part, this has barred you from the courthouse should you suffer an injury in a hospital emergency room. It always seems OK when the person affected is the other guy. It never hits home until it actually hits home. When that happens, you will surely come to know that this is a bad thing. Unfortunately, it will be too late.

**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 .

Los Angeles Water Main Break

2009-09-18T11:16:00.001-07:00

Wow! A fire truck responding to a pipe break fell into a sinkhole Tuesday morning. Apparently, the fire engine was heading towards a call when they came upon running water on the street. They proceeded to back up the engine because they were worried about the stability of the ground, nevertheless, the front end of the 22-ton truck fell into the sinkhole and began filling with water. The firefighters inside were able to climb to safety.

It appears here that the hole was caused by a burst water main. According to the Associated Press the water main, which was part of the original water system and dated back to 1914, was slated for repairs before it burst.

Three days prior and approximately two miles away another main had broken. It is unknown yet whether the two are related. The main that broke on Saturday was also part of the original system and had already been slated for repairs as well.

Liability? It depends upon many factors. Should the mains have been replaced well before these broke? Why was that not done? Were there any measures taken to determine the integrity of the pipes? Were there any measures taken to remedy the condition before they broke? How much time passed between the pipes breaking and the incident wherein someone was hurt or someone’s property was damaged? Could said damage have been avoided with a better response from the City, and more warnings or safeguards to motorists?

Sometimes in situations like this the city will claim “immunity” on the grounds that it was performing a “vital government function”. (Indeed, I would argue that they failed to perform a vital government function.) The doctrine of sovereign immunity provides that governments are immune from suit by private parties. The government can waive immunity however. In this area, it is hard to find a consistency in how it is applied and to what level.

Thank goodness the firefighters were able to escape uninjured and I haven’t heard of any reported injuries. However, I can imagine that property damage costs will be high. According to reports, cars were swept down streets, people were forced out of their homes, and yards were littered with debris. One man estimated his losses at $10,000 and he like many, expects to be reimbursed by the city.

If you have suffered damages due to an event such as this, your first call should be to your own insurance agent, to see if the insurance protection that YOU pay for provides coverage for your loss. Should you have any problems in dealing with your insurance professionals (not uncommon, in my experience), seek legal counsel in your area.

14-year-Old Bicyclist Struck and Pinned by Truck in Phoenix

2009-09-15T08:50:00.000-07:00

Thursday afternoon, a truck hit a teenage boy on his bike near 43rd avenue. The boy ended up pinned beneath the truck. The victim was flown to the hospital afterward.

No further information as to the boy’s condition has been released. We all hope he has a full recovery.

Considering this accident happened about 4:00 pm, I assume the boy was either going home from school or from an after school activity. As I previously mentioned in another post, now that school is back in session we all have to make adjustments when driving to allow for the increase in not only automobile traffic, but school bus traffic, bicycle traffic, and pedestrian traffic as well.

I don’t believe this boy was in a school zone however, now is as good a time as any to go over this, especially considering this accident occurred at a time when a lot of school children are still out on the roads.

Everyone knows this is important--whether they actually have children or not—to be on the lookout for children in or near the roads. Police departments throughout Arizona are taking special precautions to help. In some school districts, they are even putting officers on the buses who can then radio ahead to a waiting officer when they witness a violation. Trust me--you do NOT want to get a ticket in a school zone, in which the fines can run as high as $560.

Here is a list of school zone guidelines established by the Arizona MVD:

• Permanent five-sided school zone signs on the side of roadways warn drivers that children may be crossing at any time.
• Portable signs placed in the center of the roadway must be obeyed.
• The maximum speed from the first sign to the last sign in a school zone is 15 mph.
• Passing another vehicle while in a school crossing zone is prohibited.
• There often will be a crossing guard to assist schoolchildren in getting from one side of the road to the other. You must follow this individual’s instructions and you must come to a complete stop when any person is in the crosswalk.

There are a couple things I do not think everyone understands about these guidelines. No passing in school zone does not mean going around another vehicle, it means that your bumper can't pass any other car's bumper going in your same direction. No matter how slow another vehicle is going, you cannot pass it! I would say that every single day I drive in a school zone, and every single day I see someone violate this law. Also, if a person is in a school zone crosswalk, they must be completely out of the crosswalk before any vehicle in either direction may proceed.

For reasons which should be clear, there is zero tolerance for violations of Arizona in school zones. Compliance with the law may delay you by what—15 seconds or so? My suggestion is to obey these laws. The interference into your day will be minimal. The results, however, will be immeasurable.

**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 .

Banning Handheld Devices While Driving in Arizona

2009-09-08T09:06:00.000-07:00

I applaud the efforts of the Texas legislature, who gave final approval to House Bill 55 in May of this year. The bill outlaws use of handheld devices in school crossing zones. If people believe that this issue is dangerous enough to want to protect our children from it, shouldn’t we want to protect all people from it?

I recently blogged about texting while driving, and after everything I learned while researching for that, I am very disheartened that we haven’t been able to pass more legislation banning or restricting handheld devices while driving here in Arizona.

In my last blog I mentioned a video that was circulating, http://www.engadget.com/tag/textingwhiledriving/, if you haven’t watched it yet please do but remember it is very graphic. However, I believe that it hits the nail right on the head. I think every one of our legislators should watch it.

Recently, the national association representing state highway safety officials has reversed its stand on text messaging while driving. Now---hopefully, we will see more legislation actually being approved. The Governors Highway Safety Association (GHSA) had stated earlier that laws banning texting while driving would prove impossible to enforce, and therefore did not support them. Are you kidding me????? They are refusing to pass a law because enforcement will be difficult??? Um, OK---so the hell what!!!! They said the same thing about seat belts, probably the same thing about alcohol consumption (the open container law), and I am sure there are others. Pass the law!!!!! A good percentage of the people will stop just because it is the law! Others will not, but I am sure that those others will disobey the law whatever it might be.

Recently, GHSA Chairman Vernon F. Betkey Jr. stated, “We want to send the strongest message possible about texting behind the wheel – it is dangerous and should not be tolerated.” The GHSA now points out that there were challenges to seat belt laws also before they became common practice. OK---duh!

Look at the Arizona Driver’s License Manual. In section 1, it states “You should be able to operate the horn and each of the other instruments without taking your eyes off of the road.” In section 2, Safe Driving Practices, it states “Defensive driving means being constantly aware of the driving conditions,” and “You must develop the habit of keeping your mind on driving.” It also states “there is a potential accident in every minor distraction.”

I really cannot believe that we are all in THAT big of a hurry that we have to immediately respond to that text at the moment we receive it. I have to admit—I have done this while driving---until I watched the above video. My wife now has express permission to take my phone away from me if she sees otherwise. If the Arizona legislature is too damn dumb to take the right steps, then it is up to those of us with enough common sense to police ourselves. Please watch the link above. If afterward, you still think it is OK to text while driving, here is my email address CZachar@zacharlaw.com. Please send me an email when you are on the road, and I will make sure that I get the hell off.

Seat Belts on School Buses – A More Difficult Debate Than Imagined

2009-09-02T11:26:00.000-07:00

When the question of seat belts on school buses came to me I immediately thought, of course there should be seat belts on school buses! I couldn’t think of a reason not to have them. However, upon further investigation it is no wonder this debate has been ongoing for as long as I can remember. A little research really opens up the debate.

Before diving into this topic I would like to first say that at this point I no longer have a definite opinion on whether or not we should have seat belts on school buses and I will not have one until I am privy to a study that actually addresses and evaluates a better variety of the different types of crash configurations.

According to the National Highway Traffic Safety Administration (NHTSA), school buses use a safety feature called compartmentalization. Compartmentalization, likened by many to an egg carton, involves the actual design of the school bus. Seats are made with padded, flexible, shock-absorbent backs that are supposed to be tall enough to prevent children from flying out of the compartment. There are strict federal guidelines regulating the strengths of the seats and their installation. Compartmentalization seems to have very strong advocates and an equal strength in its opponents. Where my actual concerns come into play are in the validity of the information represented by the NHTSA.

Normally, I tend to trust information provided by organizations like the NHTSA, considering it is a part of the U.S. Department of Transportation and it’s focus is to “save lives, prevent injuries and reduce traffic-related health care and other economic costs.” However, given the fact that it is a governmental agency, there is little doubt in my mind that it has its own agenda. For instance, as I was researching this topic I came across an allegation that the NHTSA failed to administer and or report on certain types of crashes where compartmentalization might fail. Why would they fail to include all relevant data? I then came across a report by the NTSB (National Transportation Safety Board) that states that “Current compartmentalization is incomplete in that it does not protect school bus passengers during lateral impacts with vehicles of large mass and in rollovers, because in such accidents, passengers do not always remain completely within the seating compartment.” I continued my research…..

According to the National Coalition for School Bus Safety, compartmentalization is incomplete because it does not include a side panel or a lap belt and the seat back height is still not as high as the engineers recommend. This results in compartmentalization that works fairly well for front-end crashes but not for side impacts or rollovers. If this is the case, one might reasonably start to wonder if the real reason we are not adding seat belts to our school buses is cost.

It was hard to find a true estimate of what it would cost to add seat belts to a school bus. I found cost estimates ranging from $1,000 per bus up to $10,000 per bus. In addition, there are comments that adding seat belts would take up space and diminish seating capacity (a weak argument in my opinion). Many seem to think we would also have to pay the bus drivers for about another half-an-hour of work due to time delays required for children to put on their seat belts and pay for another employee to monitor that all children are using the seat belts and properly. (Parents---are you listening???) I have no problem paying the driver. I really don’t think that an additional employee to monitor this is necessary.

Compartmentalization advocates also tout many other reasons not to add seat belts to school buses, many of which mirror the beliefs of those who oppose seat belt use in automobiles. Some believe we will not be able to enforce proper usage of the seat belts by children. Some believe seat belts may trap panicked or disoriented children after a crash causing further injury especially in the cases involving water or fire. Some have gone so far as to worry that seat belts would be used by some children as weapons. I am sure there are a good many more reasons we could come up with, although, none of them necessarily good. The question is: Does this risk of no seat belts on buses outweigh the risk of having them?

Opponents and advocates alike do seem to agree upon the fact that school buses are among the safest modes of transportation on public roadways available to our children. Every school year in the United States 450,000 public school buses transport about 23.5 million children and travel over 4.3 billion miles. Less than eight passengers a year die in school bus crashes and approximately 8,000 are injured every year in these crashes. The fatality rate for cars is 1.5 per 100 million vehicle miles traveled (vmt), 800% greater than school buses, which have a vmt of .2 per 100 million. Does this mean that school buses cannot be made safer than they are? I think not, but until we can figure out the correct way to make them safer we have to continue to study various methods.

There happens to be a pilot study entering its final year now assessing lap/shoulder seat belts on buses in Alabama. Everyone including the NTSB and the NHSA are waiting for the results of this study. Hopefully, it brings us enough valuable information into this dilemma to finally commit to what we can all agree to be the safest route to take for our children. And in turn, thereafter, I hope to return to this topic with a well thought out opinion on what I believe to be the best safest measure to take for our children.

We all know no matter what measures we take accidents will never go away completely and we must do our best to protect our children. It is not a perfect world, and we cannot make it so. Everything has a risk/benefit quotient. Regardless, it is nice to know that the issue of additional safety on school buses is being continuously debated, and studied.

**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 .

Three Children In Hospitals After Nearly Drowning Last Week.

2009-08-28T11:37:00.000-07:00

Paramedics were called to a Paradise Valley home on Sunday after a 4-year-old nearly drowned. The boy’s mother was with him by the pool but somehow became distracted long enough for him to enter the pool. When the mother found the boy she pulled him from the water, called 911, and began CPR. He was taken to the hospital.

A 5-year-old girl and her 2-year-old brother were pulled from their backyard pool on Saturday. The parents were inside the house painting when the father realized the children were gone. The father went to look for them in the backyard and found them both under the water. When the paramedics arrived they found the boy breathing on his own but had to begin CPR on the girl. Both children were airlifted to the hospital.

As the summer goes on sometimes parents tend to start relaxing the pool restrictions. We have gotten maybe a little too comfortable with the kids around the pool because we have been swimming or playing around and near it all summer long and nothing bad has happened. So now we can relax, right? WRONG! This is exactly when something bad happens. Children are always waiting for the one moment mom and dad turn their heads. They can’t help it they are naturally curious beings. Please, don’t give them the opportunity.

Arizona law requires that a pool be enclosed by a fence, but the law cannot force a parent to close the gate, lock the back door, or keep their eyes on their child. We have to take responsibility to do that.

I have handled a good number of child drowning cases. I promise you, any amount of money that you might get because another person fails to watch your child---is NOT WORTH IT! No one wins in these cases, and always, the lives of families and those responsible are devastated by these accidents. Please don’t be the next one!!

We send our hopes and prayers to these two families for the well being of their children.

**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 .

Man Dies in a single-vehicle accident on I-10

2009-08-24T11:37:00.000-07:00

It occurred on I-10 near 7th avenue around 4 a.m.on Thursday the 13th. According to DPS the victim’s truck hit the crash barriers near the tunnel, causing the driver to be ejected from the truck. Shortly after the victim was ejected a passing vehicle struck the victim. We do not know what injuries caused the victim’s death and if those injuries occurred before the victim was struck by the vehicle or after.

The victim in this incident was not wearing a seatbelt. Had he been wearing a seatbelt, his chances for survival would have improved significantly. Indeed, statistics confirm that the safest place to be in any accident is in the vehicle. It goes without saying---but I guess that I have to keep saying it----that your chances of remaining in the vehicle are MUCH HIGHER if you wear your seatbelt!

Why do some people continue to strongly reject wearing a seatbelt? Honestly, I do not understand it. Maybe some people don’t understand that they can be ejected from their car even if it does not rollover. Maybe if people knew the kind of injuries they could sustain even when they are not ejected from their vehicle. I have a very good friend, who seems for the most part to have a good deal of common sense, regardless. However, every time we are in a vehicle together, I have to tell him to PUT ON HIS SEATBELT! Despite the law, despite the statistics, despite the common sense, he continues to believe that he is protected or infallible while simply in his vehicle. I don’t get it.

Maybe he thinks that, because he is not going to cause an accident, then he does not need to worry so much. However, did you know that when you are in a crash and not wearing a seatbelt, even where the other driver is at fault, that a judge or a jury can decline to award you monies for your medical bills and injuries that can be proven to have resulted from a lack of seatbelt use? The law in Arizona places a responsibility upon all vehicle occupants to use common sense when in the vehicle. Lack of seatbelt use may be deemed later a lack of common sense, and the judge/jury can simply find YOU at fault for your own injuries, despite the fact that you did nothing to cause the accident.

Drive safely, wear a seatbelt and ask everyone in your vehicle to do so as well!

**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 .

Text Messaging While Driving Poses Extreme Danger

2009-08-21T08:53:00.000-07:00

I have just watched a very real yet very disturbing video. This video was created to show the dangers of texting while driving. It is my opinion that EVERY driver with a cell phone should watch this video. Please watch this video at http://www.engadget.com/tag/textingwhiledriving/

Thirteen (13) states plus the District of Columbia have now banned text messaging while driving. The Arizona senate rejected a bill to prohibit text messaging statewide while driving earlier this year. Phoenix was the first city to ever do so back on September 24, 2007, but the rest of Arizona cities have failed to follow suit. Unfortunately, one Phoenix police officer has come out and stated that Phoenix’s current text messaging ban is “unenforceable” due to the way it is written. Apparently, police officers are not able to demand that a driver relinquish their cell phone even though the officer may have seen them texting prior to an accident. Because of this, it is very hard to prove a person was text messaging.

Due to the fact that text messaging is a much newer technology than seatbelts or helmets, I can understand that we have to play catch up in the regulations area. However, I would like to believe that we Arizonans have some common sense—at least the amount it takes to see a major danger without it actually blinking in neon lights. But, for those of you who need “blinking neon lights”, please watch the video. It will be difficult for some to watch, however, hopefully, some just may get the jolt they need to truly understand the danger in this simple act.

I dare people to watch this video and then tell me that text messaging while driving is not dangerous. I read one statistic that stated that each year, 21% of fatal car crashes involving teenagers between the ages of 16 and 19 were the result of cell phone usage. This result has been expected to grow as much as 4% every year. Recently, an Amtrak train crashed in California, killing 25 people and injuring another 135, 40 of whom were in critical condition. Evidence found afterward showed that the train operator had sent a text message less than a minute before the crash. He failed to see a signal that would have cautioned him to slow the train.

A study conducted by the Virginia Tech Transportation Institute studied the behavior of truck drivers, and covered more than 6 million miles of road. As part of the study, the researchers installed cameras inside the driver’s vehicles, and evaluated a number of points, including the movement of the driver’s eyes as they performed various activities, like talking on the cell phone, reaching for an object and text messaging. The results show that the greatest danger came from the tasks that took people’s eyes off the road for the longest period of time.

Text messaging has the highest distraction rates of the four tasks compared to non-distracted driving. The risk of a crash or a near crash is 23.2 times as high as with a driver who is not distracted. The data from the study shows that drivers who were text messaging had their attention taken away from the road for an average of 4.6 seconds. That might not seem like much, but according to the study, 4.6 seconds is enough time to drive a vehicle the length of a football field at 55 mph.

In the case of a truck driver reaching for a cell phone, the risk of an accident was 6.7 times as high as for a non-distracted driver. In the case of a truck driver carrying on a cell phone conversation while driving, the risk of an accident or near accident was 1.3 times as high as for a non-distracted driver. In the case of a truck driver dialing a cell phone, the risk of a crash or near crash was 5.9 times as high as for a non-distracted driver.

I have to admit I myself have texted while driving, but after watching the above video; I am going to try to NEVER text again while I am driving. In fact, I have given my wife express permission to take my phone away from me if she sees me even thinking about such.

The seatbelt was invented in the 1880’s and the first patent for a motorcycle helmet appeared in 1953. The first seatbelt laws did not begin to appear until the mid to late 1980’s and mandatory helmet laws began to appear in 1966. Most states have gone back and forth over the last 34 years, repealing and reinstating and repealing these laws.

In comparison, text messaging was invented in the late 1980’s. How long do you think is it going to take us to enact statewide bans on text messaging in every state?

Regardless of whether or not we need a text messaging ban or if ours is enforceable, I am certain most of us have enough common sense, especially after seeing videos like the one above: http://www.engadget.com/tag/textingwhiledriving/ to try to never do it again.

Please watch the video. Please reset your priorities to make it a priority not to do so while we are driving. If you still continue to text after doing so, God help you (as well as the rest of us) when you are on the road.

**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 .

Man Rescued from 30 Foot Hole in NYC Sidewalk

2009-08-19T10:41:00.000-07:00

A man had to be rescued by firefighters Saturday after he fell 30 feet down a hole in a New York City sidewalk. Vincent Riggio stepped outside to smoke a cigar and apparently stepped on a corroded metal plate that was in place to provide reinforcement to the doors of a sidewalk cellar. He fell approximately 30 feet, and had to be hoisted out of the hole by the fire department. Riggio was treated at a hospital for minor cuts and bruises sustained in the fall.

Does Mr. Riggio have a claim? Simply being injured while on another person's property does not make that person or property owner automatically liable for your injuries (as most people think). You must prove negligence, meaning that the owner or management failed to provide or maintain a safe premises, created hazardous conditions on the property and/or failed to eliminate known or discoverable hazards.

I have handled many “premises liability” cases. Each and every one is different in character and circumstance. It certainly is interesting however to learn that premises liability claims (trips, slips, etc..) are the most common personal injury claim filed against the city of New York.

In Arizona, perhaps the most common call that we receive, outside of motor vehicle collision cases, are premises liability claims, namely, people who call because they were injured in a trip or slip in a store. We take information and evaluate the cases, but much more often than not decline representation for what we perceive as being in a position of being unable to prove the case. In Arizona, the person bringing the claim has the burden of proving that he/she has a valid claim under Arizona law. In premises liability cases, you have to prove the store was negligent. You have to prove that the store actually knew or should have known of the hazard BEFORE you tripped or slipped. Simply proving there was water on the floor does not make the store liable for your injuries.

Regardless of the circumstances, if you or a friend has sustained an injury as a result of a trip, slip or other circumstance on another’s property, please consult an experienced personal injury attorney regarding your case and your rights. Some businesses will carry insurance coverage that will pay up to a stated sum for your medical bills, regardless of fault. Either way, your case should be evaluated by an attorney experienced in these matters, so that you better understand your rights both now and in the future.

Empty Houses But Full Roads

2009-08-11T14:32:00.000-07:00

Now that our kids are back in school, our homes are empty houses but the roadways are much, much busier in the mornings and afternoons. Not only are there more people on the roads dropping off and picking up their children from school, but there are more school busses and more pedestrians.

Of course we have to be more cautious on the road when there is more congestion, but now we must remember the amount of children that are the cause of this congestion. Not only do we have the new 16-year-old drivers on their way to school to contend with but we also have the 10-year-old bike riders and 6-year-olds getting off the bus. We have to be ready for the child to pop out from in front of a bus or to ride their bike into the road where there is no crosswalk. We have to be ready when we get in our automobiles in the morning to be completely engaged with the driving process. No more cell phones, make-up applications, or business reports to read. Eyes and ears on the road!

Also, please do not overlook the school parking lot. Most schools have very particular drop-off and pick-up procedures and it is vital to follow these procedures if you want to avoid hurting a child (much less make it to work on time in the morning). One person going against the flow can create havoc in a school parking lot at 2:30 in the afternoon. This can make it very easy to lose sight of tiny people looking for their parents’ car. Remember, watching for cars is probably the last thing on the mind of a young child just let out of class, so as adults we have to take this responsibility upon ourselves.

We constantly hear about some tragic accident involving a school age child---I can’t truly know what it is to be that parent. Even though I have represented many clients whose children were hurt and or killed in car pedestrian accidents, because I have never been in that position myself, I don’t want to know. Likewise, I surely don’t want to be in the other position as well---being the one who hit and injured a child. As I have said before and will keep saying, no matter who is determined to be at fault----No One “Wins” when this occurs!

School is back in session. Our children are out and about. Let’s all take a deep breath and greet the school year with a hearty welcome, but also, a careful caution. We wish everyone a very safe school year!

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

***Photo Courtesy of FreeFoto.com

Arizona Trucking Accident Claims One

2009-07-31T09:37:00.000-07:00

On Friday morning, a semi-truck crashed on I-10 near Picacho Peak and burst into flames. The driver was killed and the passenger suffered non-life-threatening injuries.

The victims in this accident were a husband/wife driving team who had been driving together for about 10 years. Shari Wood Linder was driving at the time of the accident; her husband, Ricky Keith Linder, was in the sleeping compartment of the truck. They were driving a semi that was hauling two trailers. Shari was driving eastbound and for some reason veered off the road causing the semi to hit a cement barrier. The semi rolled over and exploded. Overhead power lines also caught fire from the explosion.

According to officials, the explosion resulted from the contents of the trailers, which contained flammable automotive products and cleaning products. A Hazmat team was dispatched for containment and cleanup.

The accident remains under investigation.

In the US, one in every eight traffic deaths results from a collision with a large truck. In 2007 alone, 101,000 injuries resulted from tractor-trailer accidents. Common factors in these accidents are truck driver under-qualifications, speeding to meet time schedules, and the leading error, driver fatigue.

In Arizona, there are a few select people who can make a claim for the death of another. A parent, a spouse and a child are the only classes of people who are allowed to bring these claims. Now, assuming that the Picacho Peak collision was the result of driving error by Mrs. Linder, the law gets a bit tricky here. Could the husband bring a claim against his wife, for her death? He could most certainly bring a claim against her (the claim would actually be brought against her “estate”) for his own injuries and damages. The liability insurance on the truck would provide for any payments to be made for these claims.

Depending on what the investigation shows, there are other possibilities as well. Suppose that another vehicle caused Mrs. Linder to veer and lose control? Suppose also that this could be somehow proven, but the identity of the other driver could not be ascertained. What then? If the Linders had uninsured motorist coverage on their truck, this could provide Mr. Linder a recovery for the death of Mrs. Linder. For the very few reasons mentioned, it really is imperative that people in this situation get an experienced personal injury/trucking injury attorney involved as early as possible. A thorough and early investigation, to find and preserve evidence, can be crucial to the outcome of these claims.

We send our condolences to the entire Linder (and extended) family.

Motorcyclist Hit by Truck on US 60

2009-07-26T10:00:00.000-07:00

I cover news stories involving motorcycle accidents a lot, primarily because I handle many of these cases. Another motorcycle accident occurred Monday morning, which only highlights a theme that I continually stress. It concerns the type and amount of damage that a vehicle can do to a motorcyclist, regardless of speed, impact, or a million other factors.

In this instance, a motorcyclist was struck and injured by a truck on U.S.60. The truck driver swerved into the far left lane to attempt to avoid slowing traffic, and clipped the motorcycle, causing the rider to hit the ground. The truck then rolled and slid all the way across traffic to the far right lane. The motorcyclist’s injuries were quite severe.

The motorcyclist did everything required of him for safety. He was wearing protective gear and a helmet, maintaining a safe following distance, etc… The details of this accident are why I constantly address this topic. The vehicles we drive are dangerous and heavy machinery, and need to be handled as such. Motorcycles and small economy cars are not going away (especially given the current economy and fuel prices). I truly believe that we need to change our driving habits to make allowances for these types of vehicles. They are small and common----we must keep in mind all types of vehicles when we are on the public roads.

In this instance, it appears that the truck driver was not paying attention to traffic in front of him. Then, he made a bad situation much worse by recklessly veering into the adjacent lane without having any idea what was there. In Arizona, we have a defense that is called the “Sudden Emergency” defense. What it means is that if you are driving down the roadway, and encounter a ‘sudden emergency’, the law may excuse your conduct that follows due to being forced into a split-second decision.

In this instance, it does not seem that the “Sudden Emergency” doctrine would apply. A driver cannot create a ‘sudden emergency’ on their own. In this instance, the truck driver’s inattention appears to have resulted in a poor decision that resulted in serious injuries to the motorcycle rider. Sad.

Of course, liability will still have to be assessed, and the nature and extent of damages determined. This is one of the many reasons why we need the legal system that we have.

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

Two Children Pulled from Arizona Pools in Two Days

2009-07-24T08:56:00.000-07:00

Two children were pulled from pools in separate incidents in the last three days. One is in critical condition. The other is dead.

I don’t ever want to be that parent! The one who thought someone else was watching their child, the one who thought the gate was enough protection, the one who thought my child was inside… There are a million different responses to the question what were you doing when your child slipped away and why weren’t you aware of where your child was. The sad fact is, it does not matter. You are sad, and your child is gone forever.

I cannot say there have not been times when one of my children has slipped away without me knowing exactly where or when, but not around unsecure or unsafe pools! Precautions mean something you do in advance to prevent an accident or disaster from occurring. Fences are not effective if not installed and used correctly. Self-closing latches must work to be effective. There is NO subsititute for parental supervision and observation. There can be a hundred adults nearby, but if they are not paying attention, it makes no difference.

The child who died was at a birthday party with about 70 other people. I don’t know the mix of children/adults. There was a pool, the children were swimming. At times such as this, the fire department recommends there always be a designated “pool watcher”. Someone who only watches the pool and nothing else and does not stop watching the pool until someone else has taken over the job. This person cannot be distracted by mingling with others, drinking alcoholic beverages, and so on. We don’t know the facts here. Something clearly went terribly wrong.

The child who is in critical condition was pulled from an apartment pool by a security guard. It is not known how this three-year-old got into the fenced pool. The child’s father was asleep at the time in his apartment. Apartment complexes must also be sure to keep their pool gates working correctly. Others enjoying the pool should take care to make sure the gates close completely behind them. Apartment complexes should also make sure there is nothing a child can climb close to the fence including patio furniture and even trees.

What are the legal implications of these incidents? Assuming no criminal charges can be filed for child neglect, etc…, there may very well be civil implications (i.e. claims, lawsuits). If it can be shown that one or both of these tragic incidents occurred as a result of someone’s negligence, then civil responsibility may attach. Often, homeowner’s insurance will protect the owner’s of a home for a pool tragedy, and liability insurance may protect the owner/manager of an apartment complex. A personal injury/wrongful death attorney can help you sort through and find the answers to these questions.

There is much investigation left to be done here. Our hearts and prayers go out to these two families during this difficult time.

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

Six children and Two Adults Injured in Collision Due to DUI

2009-07-22T09:41:00.000-07:00

Seven (7) people were injured Sunday night after their SUV collided with another vehicle on Highway 89 in Prescott.

Police believe the 38-year-old male driver of a Kia Sportage was under the influence of drugs, when he drifted over into oncoming traffic. The driver of the Suburban couldn’t avoid him, and the collision occurred. All seven (7) of the people in the Suburban were taken to the hospital. Six (6) passengers were all children, ages 5 to 14. The extent of their injuries is not known, however, we do know that two of the children are in serious condition.

The driver of the Kia was transported to Yavapai County Jail after he was released from Yavapai Regional Medical Center. Further investigation had shown that he was under the influence and had possession of dangerous drugs. According to police he was booked on felony charges of criminal damage and seven counts of aggravated assault and endangerment.

When I was searching the web for information related to this crash, I found website after website of law firms advertising DUI and DWI defenses. This should send each and every one of us an important message:

If you have been hurt in a motor vehicle collision, possibly by someone under the influence of drugs or alcohol, you can be sure they are hiring an attorney to protect themselves. Certainly, as an innocent victim, your rights are just as and even more important than that of a wrongdoer, and you must consider your own options to protect yourself, your family and loved ones.

While you consider your options, keep this advice in mind: Do not talk to any insurance company until you have sought advice of an attorney. The single-most mistake that people make, following a motor vehicle accident, is talking to an insurance company about the facts and circumstances of the collision and their injuries. Insurance companies thrive on their ability to obtain early statements from victims of car crashes. Don’t fall prey to this.

You should consider consulting with an attorney as soon as practicable following any motor vehicle accident. The wrongdoer will protect himself, the insurance company will protect its own-----who is protecting you? Consider early a consultation with an experienced personal injury attorney, preferably one who is a certified specialist in injury and wrongful death cases. Protect yourself and your family. No one else will.

Bicyclist Hit by Car in Scottsdale

2009-07-18T18:02:00.000-07:00

For those of you who read this blog you hear me go on and on about watching for pedestrians and motorcyclists while you are driving. However, I should probably add watching for “bicyclists” to my cautions. Being that we live in Arizona, we have more cyclists on the roads and for more time out of the year than most other places.

On Wednesday afternoon, a bicyclist was riding in the crosswalk going east on Indian School Road at Goldwater Boulevard and he/she was hit by a truck making a right-hand turn. The bicyclist suffered serious head injuries and was taken to the hospital.

We all need to take the time to be more aware of our surroundings. Since bicyclists are supposed to travel in the same direction as the traffic, we have to keep a look out for them and not dismiss them when we see them. We need to be aware of how close a bicyclist is to us and if they are traveling fast enough to catch up to us. Therefore, we need to wait if they are traveling at a speed which will put them in our direction of travel.

At the same time, those of us who ride bicycles need to be more aware. Hello?!! As I tell my kids, if a car hits a pedestrian, a bicyclist, a motorcyclist, who wins? The car wins 100% of the time!!!! When you are in an area that you have a right to be, but you know damn well that if another is negligent you will pay for it---be careful!!!! We do not know the details of this case but there are so many things we can address that could have been factors. Above all, Arizona law requires that bicyclist riding on the roadway obey the same rules as motor vehicles, and, Arizona law prohibits riding your bike in a crosswalk.

Oftentimes, the fault for these accidents is shared (we call that “comparative fault”), and the insurance companies and or the court will take care of it appropriately.

Regardless, drivers and cyclists alike, remain aware of your surroundings. Let’s hope that the bicyclist in this accident is going to be OK.

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

14-Year-Old Mesa Girl Dies in Rollover

2009-07-15T20:59:00.000-07:00

A 14-year-old girl died after she was ejected from a car that rolled over on the 202 on Saturday evening. The girl’s mother was driving on the 202 near Recker Road when the rear tire of her car blew out. According to DPS, the woman then braked which caused the car to veer sideways and slide into the dirt median. The car then continued into the cable barriers, where it came to a stop upside down.

The girl, identified as Michelle Miranda, was not wearing her seatbelt and was pronounced dead at the scene. The mother was airlifted to the hospital and her current condition is unknown. She was wearing her seatbelt.

Don’t know how many times I have to say this—apparently, not enough.

Seatbelts save lives!!!!!

Arizona law requires that front seat passengers be seatbelted. Arizona law also requires that each passenger 6 or under in the vehicle be seatbelted, no matter where he/she is sitting. As parents, we have a responsibility to make sure that our children are seatbelted at all times. As adult, we have a duty to comply with Arizona law and make sure that all occupants 16 and under are seatbelted. The failure to follow these rules may bring civil liability if a minor in your vehicle sustains injury as a result of seatbelt non-use.

Another factor in this case is tire maintenance. In Arizona, we are probably more likely to have a tire blowout than people in most other states. The high temperatures that beat on Arizona in the summers also beat on our tires. You can help avoid this by regularly checking your air levels in your tires and making sure they are at the manufacturer’s recommended level. Doing this more often in the summer would not be considered unreasonable.

Let’s recap:

1) SEATBELTS! SEATBELTS! SEATBELTS!

2) Regularly check air levels in and be aware of the age and tread depth of your tires.

Please remember, both of these things only take a few seconds to do. As we have seen, they can make all of the difference in the world. Please, don’t let the next one be you.

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

1-Year-Old Mesa Boy Drowns

2009-07-10T21:39:00.000-07:00

Nobody wants to remember the 4th of July as the day they lost their baby but that is exactly what a Mesa family faces right now. Our hearts go out to them.

Saturday morning, per reports, the family lost track of their one-year-old for about 10 to 15 minutes. You might think, how can this happen? Unfortunately, those who have children know very well how this can occur. You feel safe within your own home, and you leave the little one playing in their room with their toys, etc…, 10-15 minutes can get away from you very quickly. Then someone says, hey, where is X? The search begins. In this case, horrified, their search ended when they found him in the backyard pool. The boy’s father called 911 and began CPR. When the fire department arrived the child had no pulse and was not breathing. The boy was taken to the hospital where they continued to try and resuscitate, him but after another 30 minutes he was pronounced dead.

The family’s pool is an above ground pool and it is only 3-1/2 feet deep. According to Mesa Fire Department spokesman Thor Watson, “People don’t think about pool fences if it’s an above ground pool. But those pools have ladders that lead right into the water.”

How could a 1 year old get up the ladder? Again, all parents can answer this question. Children seem to be natural born climbers, and there is little they love to do more than climb. Inasmuch as ours hearts ache for the family, at the same time, I do not understand why anyone would think that an above ground pool would not need a fence surrounding it. The ladders leading up to them are very enticing to children. Having any type of pool, unprotected, is a recipe for disaster.

Everyone needs to understand that above ground pools are subject to the same state legal requirements for an enclosure around them as are in ground pools. ARS §1681 states:

A. A swimming pool, or other contained body of water that contains water eighteen inches or more in depth at any point and that is wider than eight feet at any point and is intended for swimming, shall be protected by an enclosure surrounding the pool area, as provided in this section.
B. A swimming pool or other contained body of water required to be enclosed by subsection A whether a belowground or aboveground pool shall meet the following requirements:
1. Be entirely enclosed by at least a five foot wall, fence or other barrier as measured on the exterior side of the wall, fence or barrier.
2. Have no openings in the wall, fence or barrier through which a spherical object four inches in diameter can pass. The horizontal components of any wall, fence or barrier shall be spaced not less than forty-five inches apart measured vertically or shall be placed on the pool side of a wall, fence or barrier which shall not have any opening greater than one and three-quarter inches measured horizontally. Wire mesh or chain link fences shall have a maximum mesh size of one and three-quarter inches measured horizontally.
3. Gates for the enclosure shall:
(a) Be self-closing and self-latching with the latch located at least fifty-four inches above the underlying ground or on the pool side of the gate with a release mechanism at least five inches below the top of the gate and no opening greater than one-half inch within twenty-four inches of the release mechanism or be secured by a padlock or similar device which requires a key, electric opener or integral combination which can have the latch at any height.
(b) Open outward from the pool.
4. The wall, fence or barrier shall not contain openings, handholds or footholds accessible from the exterior side of the enclosure that can be used to climb the wall, fence or barrier.
5. The wall, fence or barrier shall be at least twenty inches from the water's edge.

We shouldn’t need to say that one more drowning in Arizona is far too many. Unfortunately, all too often, we do.

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

Grandmother Pushing Stroller Hit by Car and Killed

2009-07-08T13:36:00.000-07:00

Jaleeh Aboozia of Gilbert was struck by a car and killed Friday night. The 60-year-old grandmother was pushing her grandson in a stroller across Warner road just before 8:00 p.m. when she was struck by a car heading east. According to the police, the driver swerved at the last minute, missing the stroller.

The police said Aboozia was crossing Warner from a residential street, with no traffic signal. According to Arizona law (ARS §28-793), a pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles on the roadway. At the same time, according to Arizona law, (ARS §28-794), every driver of a vehicle shall 1) Exercise due care to avoid colliding with any pedestrian on any roadway, 2) give warning by sounding the horn when necessary, and 3) exercise proper precaution on observing a child or a confused or incapacitated person on a roadway.

According to these statutes Aboozia should have yielded the right-of way to the driver of the car however, also according to these statutes, the driver of the car should have exercised reasonable care in avoiding Aboozia and the stroller. Since we do not know all of the logistics of this accident, we cannot say whether or not Aboozia or the driver did all they could do to avoid the tragic outcome.

Arizona is a comparative negligence state. That means that when an accident occurs, more than one person may be found at fault, and the responsibility for damages caused will be allocated as a percentage to each person who is at fault. It can be difficult to decide how comparative negligence would affect this case when we don’t know all the facts. However, we can hypothesize that both Aboozia and the driver may well shoulder some of the fault in this accident. Could Aboozia have paid better attention, waited longer to cross, or maybe walked a little further to a marked crosswalk? Could the driver have also paid better attention, was she driving too fast, could she have given Aboozia more advance warning of her approach?

These are all reasonable questions and the answers could have changed the outcome of this accident drastically. Indeed, it is the answers to these types of questions that bring about the potential for lawsuits. If the parties cannot resolve these issues on their own, then they might well agree to submit all of the evidence into court and ask the judge or a jury to decide the issues for them. Indeed, this is what the courts are designed for: An orderly and organized system for the resolution of disputes.

Sadly, more caution could have avoided this tragic result. Please be careful in crossing busy streets, and, as drivers, please maintain an awareness of your surroundings. No one wins when a horrible accident like this occurs.

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

Parents and Three children Injured in Loop 202 Crash

2009-07-03T09:33:00.000-07:00

Tuesday morning a family of five was traveling eastbound on the Loop 202 when their vehicle hit a truck parked in the emergency lane. All five family members were taken to the hospital by ambulance. Apparently, the driver of the truck had pulled to the side of the road and parked in the emergency lane. While it was there, the driver of the victim’s vehicle became distracted and ran into the parked truck. The injured were all taken to the hospital.

According to police, all five of the people injured were properly restrained. Whew! Thank the heavens for responsible parents!

Liability assessment: We do not know why the driver of the truck had to pull over, where he was on the roadway, and whether anything he did contributed to this collision. The police have not relayed how long the truck was parked there, or whether the driver was even present at the time of the accident. There certainly appears to be fault on the part of the driver of the vehicle that the victims were in. Accordingly to police, at a minimum, he was not paying attention.

Arizona is a comparative fault state. That means that more than one person can be found responsible for any accident. Also, more than one person can be found responsible for injuries to another sustained in any accident. For example, the driver of the victims’ vehicle can be found partly responsible, as well as can the driver of the parked vehicle, if discovered that his actions in some way were unreasonable, and contributed to this collision. But further, IF it were found that the children in the vehicle were not properly seatbelted, and as a result sustained some injuries they would not have otherwise sustained, then an argument could be made that BOTH parents had liability to the children for not taking proper care. The laws of comparative fault stem far and wide. We are all held to the care and actions expected of a reasonable person. Reasonable people pull off to the side and park their vehicles properly and legally. Reasonable people keep their attention on the roadway. Reasonable people make sure they wear seat belts and make sure their children wear their seatbelts.

In assessing liability under Arizona law, each person found to have some liability pays for their percentage of the fault, assessed against the total damages awarded. This has been determined to be the fairest way to assess and appropriate justice in Arizona. What do you think? Do you agree?

A speedy recovery is wished for the people injured in this unfortunate accident.

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

Plane Crash in Arizona Kills 4

2009-07-01T10:35:00.000-07:00

The plane that crashed and took four lives Wednesday in northeastern Arizona was apparently being watched for drug activity.

The plane had just taken off from the Holbrook airport after refueling. It was traveling from Santa Rosa California to Lago Vista, Texas. Apparently, David Tuntland of Cedar Park, the pilot and owner of the aircraft, had an upset stomach and had to lie down while the plane was being refueled. The plane crashed and caught fire right after takeoff just a quarter-mile east of the airport. All four of the people on board were killed.

The reason as to why the plane crashed is yet unknown. Pilot error? Mechanical problems? When it comes to airplane crashes, claims for personal injury or death are ususally guided by the legal theories of negligence, product liability, or a combination of both. In this incident, negligence may be found on the part of the owner, pilot, or airline maintenace providers. Product liability may be found on the part of the aircraft manufacturer or the manufacturer of a specific aircraft part.

What was the condition of the pilot? Was he fit to fly? Did he perform all required and recommended pre-flight safety checks before deciding to take off? Did weather play a role? Often, winds and heat in the Holbrook area will have an impact on take-off, climb rates, etc… These issues will all have to be investigated, and no doubt, will be investigated by the NTSB (National Transportation Safety Bureau).

Regardless of cause, four (4) persons lost their lives. Our condolences to their families.

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

Three People Attacked by Pit Bull in El Mirage

2009-06-26T10:05:00.000-07:00

Christina Ortega, her husband and son were enjoying a barbeque in a friends backyard on Sunday in El Mirage when a pit bull entered the yard through an open gate and attacked the boy. Others saw the dog, but Ortega’s 3-year-old son was attacked before he could run away. The dog grabbed him by the back of the head, tearing his scalp. His parents were also bitten as they were trying to pull him to safety. The dog then ran away.

Ortega and her son were taken to the hospital with non life-threatening injuries. The boy received several stitches in the back of his head where his scalp was torn down to the skull. Ortega and her husband suffered bite wounds on their arms which were also treated..

According to people living in the area, they had seen the dog before wandering around. Some thought he might live in the Aqua Fria River bed. Since the attack Maricopa County Animal Rabies Control Officers have been patrolling the area along with the El Mirage Police. The patrol ended when an animal control officer found the dog in the river bed Tuesday morning.

Reports have shown that the dog had a collar, leading one to believe that at some point the dog had an owner. The questions are, who and where?

In Arizona, if you are attacked and/or bitten by a dog, the owner is automatically liable. More often than not, a person’s homeowners insurances will cover the damages caused to the victim. However, some policies exclude “animal liability”, so you may want to check yours if you have a dog or other pet. The only defenses to a dog attack are trespassing (showing that the victim was in a place that he/she was not entitled to be) or provocation (provoking the animal). Clearly, neither of these defenses would apply in this case.

We wish the Ortega family a safe and speedy recovery.

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

Toddler Dies After Being Struck by SUV in Phoenix Trailer Park

2009-06-23T10:40:00.000-07:00

A two-year-old boy died Sunday evening after being struck by an SUV.

The toddler and his family were visiting a trailer park on Van Buren and 27th Avenue, when the boy was hit by a Ford Expedition. The driver of the Expedition had just come left around a corner in the trailer park when the accident occurred.

According to the police, neither speed nor impairment are believed to be factors in the accident, and no charges have been filed against the driver.

We can follow all the laws, obeying speed limits, stop signs, etc. There are times when we can do everything right, yet, accidents occur. We cannot always account for human involvement. We will never be able to predict 100% safety for everyone in situations where there are so many uncontrolled factors. This goes double when children are involved. According to the current investigation, the driver did everything right, yet was still unable to avoid hitting this child.

Toddlers are completely unpredictable and can never go unattended near a roadway, or any dangerous situation. For those who have young children, it seems that almost any situation can turn dangerous instantly. We have to keep in mind the issue of control, and realize with children this young, we actually have to be within “grabbing distance” at all times. I cannot count how many times I have had to yell, run, pull, or grab my children to keep them from walking into the path of an automobile. Oftentimes they just don’t think, but rather, allow us to think for them, and believe their world is protected. Unfortunately, we cannot always be there.

We cannot let our guard down in areas where we think the traffic moves so slowly there is enough time for a driver to react. In this instance I don’t know if the driver saw the child or not, but considering the automobile involved was a Ford Expedition it would even be possible that the child was small enough to get in front of the SUV without even being seen.

Our hearts go out to everyone involved in this accident. It is a horrible tragedy.

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

Tempe Family Agrees to Settle Case Against City

2009-06-20T15:41:00.000-07:00

After their son was killed by a speeding Tempe police officer, Jim Barker and Kelly Wilcott sued the city. They have now decided to settle their case for $1.35 million.

Kyle Barker was crossing Baseline Road near Rural Road at 2:00 on the morning November 26, 2005. At the same time, Officer William Cullins was rushing westbound on Baseline to provide backup to another officer when he struck and killed Barker. (Cullins was charged with criminal speeding and issued a civil citation for which he later paid a fine of $491).

According to the autopsy report, Barker was well over the legal blood alcohol level, at .18. According to an internal police investigation, Cullins was driving 95 mph five seconds before the accident.

Cullins was suspended without pay for one month after the investigation determined that he was driving recklessly, and that he violated no less than three (3) city policies related to obeying traffic laws and the safe operation of vehicles. The suspension was the maximum allowed by the department.

We all know police officers have to make split second decisions, which at times may cause dangerous circumstances. However, the police and fire officials are subject to the same driving laws as are ordinary citizens. Their responsibilities include, at ALL times, to use reasonable care and caution, no matter what the circumstances. The same standards of reasonable care form the basis for tort or injury law in Arizona.

Some may place blame on Kyle Barker for being intoxicated, but, being intoxicated is not a criminal offense. However, if Kyle Barker’s level of intoxication was substantial enough that he could no longer act in a reasonable fashion to provide himself basic levels of protection, then he too might have been partially to blame here. The City would have to prove that Barker’s intoxication would have prohibited him from getting to safety had he been alerted to Cullins--by the cars lights and sirens—had Cullins been using them (which he was not).

This is another sad and preventable accident. We respect the police for what they do for us every day, however, we cannot lose sight of the fact that they are not allowed to perform their duties with disregard to the same laws that we are required to follow.

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

Boy Struck by Car

2009-06-18T09:52:00.000-07:00

Rene Chavez, a 13-year-old boy, is now in a medically induced coma after being struck by a car on Thursday.

Rene was riding his bike on Cooper Road south of Warner when he tried to cross the street and was struck by a car. Apparently, two other cyclists had crossed the road ahead of him but traffic had picked back up by the time he attempted to cross. Rene was not wearing a helmet and had to be airlifted to a hospital immediately. He now remains in a coma at Phoenix Children’s Hospital. The driver, a 16-year-old-girl, did not receive any citations according to Sergeant Mark Marino.

“Bike helmets are like seatbelts – we recommend everyone wear a seatbelt and also a bike helmet,” stated Gilbert Fire Captain Mike Conner. It cannot be stressed enough how important it is to teach our children from the earliest age to utilize every safety precaution and tool available to us and helmets and seatbelts may very well be the two most valuable. According to studies, hospitalization due to biking accidents was down after helmet laws were passed in Seattle, New York, New Jersey, Canada, and California.

It seems, in this case, the driver may not have been found to be at fault by the police, as Chavez apparently entered the roadway right in front of her car. However, that is not always the final conclusion. While the police investigation is important, we know that the police do not always get it right. Evidence of a citation---or lack thereof—is not admissible in a civil lawsuit for damages. We always prefer to rely on our own investigators, who are generally far better educated and experienced than police officers, to determine what really happened in an accident.

Indeed, that is the rule of the courts. The police evidence may be helpful, but unless it can be determined that the investigating officer is truly qualified to give expert opinions—which is not always the case, then the opinions of the police do not come into evidence.

It is oftentimes crucial to hire an experienced and board certified personal injury attorney in these cases—as early as possible, to investigate and preserve evidence.

Our hearts go out to young Rene and his family. We will keep them in our thoughts and prayers.

Helicopter Crash Claims One

2009-06-12T09:41:00.000-07:00

Witnesses called authorities when they saw a helicopter crash Thursday morning near Lake Pleasant. There was one man on board when officials arrived. He was pronounced dead at the scene.

It is a possibility that the helicopter struck power lines, however, investigators are still trying to determine the cause of the crash.

Officials are not releasing the name of the victim before notifying his family. The man piloting the craft was not the owner.

We have seen some disturbing crashes involving helicopters in Arizona over the last few years. In July 2007, two news helicopters crashed into each other over Phoenix Indian School Park, killing all four occupants. In June 2008, two medical helicopters en route to Flagstaff Medical Center crashed, killing all seven on board.

When a helicopter or airplane crash occurs, within minutes or hours, officials from the National Transportation Safety Board (“NTSB”) are on scene to gather evidence and investigate the cause of the crash. The NTSB is an independent body responsible for the investigations of all aircraft accidents. Determinations need to be made whether pilot error, faulty maintenance or a failed system is responsible. The NTSB uses this information, in conjunction with aircraft manufacturing and pilot training, to try to prevent similar accident from again occurring.

Whether it is an aircraft accident, car accident or other, keep in mind that a timely investigation is often key in determining what really happened. Through the passage of time, key evidence can often be lost or destroyed. In any type of accident, getting experienced legal counsel involved early can be a very important step in the process.

It is unknown at this time how the most recent helicopter crash occurred. In time, all questions will most likely be answered. Our hearts and prayers go out to the family and friends of the man who lost his life in this unfortunate accident.

City of Phoenix Settles Case for Little Boy Who Was Shot

2009-06-11T14:06:00.000-07:00

In 2006, six-year-old Adrian Trevino was struck in the back and paralyzed by a stray bullet from a Phoenix Police Officer’s weapon.

Adrian and his three-year-old sister were asleep in bed when a police pursuit came to a horrible ending directly outside their home. The chase began when officers pulled over a car carrying Michael Hernandez, who grabbed a gun and fled the scene. After breaking into one home and threatening a family, Hernandez evaded police and ended up near Adrian’s home, with police in pursuit. Hernandez raised his weapon, the south team opened fire, and an officer to the east returned the fire thinking it came from Hernandez. Five of this officer’s bullets struck the home Adrian was in, one which pierced a wall and struck young Adrian in the back.

Adrian’s family sued the city for physical and emotional injuries, medical expenses, lost wages, and other damages. Last week the Phoenix City Council agreed to a $6.5 million settlement.

It is so hard to assess blame in a situation such as this. We always want to assess blame. It is a way of helping us make sense for something bad that has occurred. It makes us feel more secure when we can define specific parameters to a situation as tragic as this one. Sometimes that blame is justified, sometimes it is a denial as to something we may have done wrong. Sometimes, it is just a coping mechanism.

In this case, I think we can all agree that young Adrian and his family share no blame for the incident. However, does the police officer deserve the blame? If you asked this question of 100 people, you would probably get a 50/50 split. While we can agree that police officers need some leeway to perform their jobs, we should also concede that blindly firing in the general direction of a criminal, while in a residential neighborhood, is not the best course of action. Indeed, the 4th and final rule of gun safety---which certainly the Phoenix Police officers know---is to always know what is behind your target. If you don’t know, or if you are not sure, then a better course of action might be appropriate.

The headline in the Phoenix newspaper read “Family Wins Settlement from City.” Are you kidding me? Their little boy is paralyzed for the rest of his life. The loss of enjoyment of life will be astronomical, and I’m sure the medical bills significant. The family and Adrian did not “win” anything. No one is a “winner” here. In fact, both parties have already lost. The settlement is the means that our law provides to compensate the innocent victims for the life of pain, suffering and disability that they will suffer because of a split second poor decision by this police officer.

But make no mistake. No one wins in this situation.

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

Arizona Light-Rail and Bus Collide

2009-06-08T11:34:00.000-07:00

Early Wednesday morning, a Valley metro bus and a light-rail train collided at First Avenue and Washington Street. Eight people were taken to the hospital for injuries.

According to Metro spokeswoman Marty McNeil, video footage showed that the bus driver had a red turn arrow which he/she failed to consider. The bus tried to make a right turn onto Washington from First Avenue and collided with the train, which was approaching Washington on the right side of the bus. The circumstances remain under investigation.

However, if the bus driver did fail to stop at a right turn arrow, and this was a cause of the collision, then obviously he/she was at fault. Amid all of the recent discussions regarding the light-rail and it’s poor management and treatment of operators this accident makes me wonder if our Valley bus drivers ever received any instruction on sharing the roads with the light-rail. Considering we have now had 22 accidents involving the light-rail, wouldn’t it be prudent by now to have made sure that at least city bus driver have had new instruction on how to incorporate the trains safely into their routes? I am hoping this is a rhetorical question.

This also leads me to further ponder whether or not any mention of the light-rail has been incorporated into the Motor Vehicle Department’s driver’s license manuals. Shouldn’t new drivers learn about the light-rail before receiving their driver’s license? It clearly is not going away anytime soon. However, for those of us who already have an Arizona drivers license I did find an informative page at www.valleymetro.org if you click on METRO Light Rail under other services.

All of this aside, according to the Metro, none of the previous 21 accidents have been their driver’s fault. If the reports I have seen so far are correct, then they are not at fault in this accident either.

We know the light rail is going to take some adjustment time for all. If you travel in the area, please be careful. Injury accidents are best if avoided altogether. Thus far I don’t recall any serious injuries. Sooner or later, one will certainly occur. Who is at fault will have little meaning to the injured or their family. Let’s all keep this in mind, and all use a little more caution and observation when in the areas of the light rail.

If you have any questions or comments, please feel free to email Chris Zachar directly at Czachar@zacharlaw.com, or visit our website at ZacharAssociates.com .

State Liability in School Safety

2009-06-03T16:37:00.000-07:00

Can the state afford to not maintain school buildings? According to Tom Horne, the State Superintendent of Education, the bad economy has resulted in postponed maintenance at educational facilities.

In an article in the Arizona Republic last week, Horne was quoted saying “This year it’s understandable because the economy is doing so badly, but when there’s a recovery, I’m hoping they will fund maintenance of buildings, because the longer you wait the more expensive it is to make repairs.” OK. No argument there. But aren’t there other considerations too? How about, the longer you wait, the more likely building disrepair could lead to potentially dangerous environments for our children? Isn’t that more important than expense?

Earlier this year, two schools have had roofs collapse. Do we really have to wait until a roof collapses on the children before we make sure the buildings are safe? Will the state be better able to afford a liability lawsuit and paying damages to families more than building maintenance costs? We might find out. Let’s hope it does not come to that.

In 1996, a Kyrene school added skylights and a large air conditioning unit, without first investigating whether or not the roof could actually carry the weight. Thirteen years later the roof collapsed when the trusses around the air conditioner gave way. No children were injured at that time. However, if a child or educator had been injured or had lost their life, would the roof repair cost more than the wrongful death lawsuit? Is there someone out there actually considering this question?

How much would it cost to hire the skilled engineers to do the inspections on the over 1400 schools in Arizona? Further, is it possible that some of these engineers would agree to perform necessary inspections gratuitously, for the good of Arizona, its children and our schools? Don’t we all have a responsibility to help just a little bit in this failing economy? Has anyone thought about this? Certainly we can do more than ignore the problems and hope that nothing bad happens. We are better than this aren’t we? Is anyone listening?

Skaters Exposed to Carbon Monoxide at Phoenix Ice Arena

2009-05-30T10:04:00.000-07:00

Phoenix firefighters were called to the Arcadia Ice Arena at 38th Street and Thomas on Sunday night when someone complained of feeling sick. By the time the firefighters arrived, dozens of people were complaining they felt sick, and eight were actually vomiting.

The arena was evacuated due to high carbon monoxide levels. Officials are still investigating, but according to a police spokesperson, the machine used to resurface the ice was left running.

Arena management has indicated that the facility will remain closed until the environment is proven safe. OSHA is now investigating.

Although this may seem like a rare incident, apparently it happens often enough to have been reported by ESPN’s “E:60” as recently as April this year. According to E:60, nearly 200 people have been sickened in the last six (6) months by gases emitted from poorly maintained ice resurfacers. Well, Phoenix can add another 33 to that total. At present, only Minnesota, Massachusetts and Rhode Island have laws regulating air quality at indoor ice rinks.

It is unknown whether injury claims will be presented, or any legal action will result from any of those sickened by the incident. The value of any such claims would depend upon the nature and extent of the injuries.

Under Arizona law, this type of claim would be known as a “premises liability” claim. When injuries occur as a result of some dangerous or defective condition of someone else’s property or premises, the case is classified as “premises liability”. In this type of claim, an injured guest would have to prove that the Arena was negligent in the maintenance of its facilities. Leaving on the resurfacing machine with guests present in the Arena could certainly fit this bill.
At the Zachar Law Firm, we regularly meet with clients, evaluate and handle premises liability claims. These can be difficult claims. The old adage that says “if you get hurt on another’s property, they are automatically liable”----not true. Not even close to true. You must prove negligence. In this case, whether anyone was injured seriously enough to warrant a claim, and whether the Arena was negligent, remain to be seen.

Construction Site Danger Kills One

2009-05-28T14:49:00.000-07:00

A 58-year-old man died Sunday after helping two boys who had fallen into a construction pit. According to the reports, a 7 –year-old and 3-year-old were playing at a Detroit construction site when the 7-year-old fell into the pit that was intended for a new home basement. The pit which was about 10 feet deep, was filled with water. Garrett Townsend Jr. and a police officer jumped in to rescue the boy. Townsend and the officer were able to help the boy to safety, but unlike the officer, Townsend was unable to scale the muddy walls of the pit. He was later pulled out by rescue workers, and pronounced dead at the hospital.

We hail these men for their courageous endeavors, and regretfully say goodbye to a hero.

In this case, I see “the problem” as a poorly secured construction site. Under Arizona law, this might well classify as an “attractive nuisance”. Under this legal doctrine, a landowner (or contractor) may be held liable for injuries to children trespassing on the land, if the injury is caused by “a hazardous object or condition on the land that is likely to attract children who are unable to appreciate the risk posed by the object or condition”. The doctrine has been applied to hold landowners liable for injuries caused by abandoned cars, piles of lumber or sand, trampolines, and swimming pools.

Further, under Arizona law, it would be quite difficult for the landowner to allege that the boys should have been more careful. Under Arizona law, children under the age of 7 are presumed to be incapable of negligence. They do not have the education or capacity to necessarily determine right from wrong. Children age 7-14 may be held negligent, but it is to be determined on a case by case basis.

In Arizona, we have a TON of construction. Securing construction sites can become a costly expense, but isn’t that a part of the cost of doing business? Surely it is not possible to address every danger that could arise at a construction site, and indeed, the law does not require such. Reasonable measures are all that are required, unless the landowner or contractor has some specific knowledge of a particular danger posed to children or others in the area.

I think the landowners and/or contractor was very negligent in this case. Our sympathies go out to this fallen hero’s family.

HELMETS----AGAIN!

2009-05-21T16:56:00.000-07:00

Helmets save lives! I know I sound like a broken record and I am going to continue to as long as I see these horrific stories in the news.

On Monday evening, a motorcycle and a truck collided near 40th street and Thunderbird. The police are unsure whether the truck collided with the motorcycle or the other way around. Regardless of who hit who, the man in the truck reportedly walked away with no injuries, however, the motorcyclist was pronounced dead at the hospital. He was riding without a helmet.

In my opinion, it does not matter who hit who. There are legal implications certainly, but the legal implications make no difference to the motorcyclist at this point. However, the fact that the he was not wearing a helmet could make a huge difference to his family in being able to present a claim for damages. If the cause of his death was from head injuries, then these very likely could have been avoided by wearing a helmet. He would still be with us, and although banged up, I would think that his family and friends would be happy to have him banged up much more so than lost forever.

In Arizona, the law follows the doctrine of “comparative negligence”. This means that even if the motorcyclist did not cause the accident-- if it can be proved that his death would have been avoided had he worn a helmet, then his loved ones may be denied recovery.

We hope for the best for all involved in this accident and our condolences go out to the family and friends of both parties. No one walked away unharmed. No one wins in these matters.

** The Law Firm of Zachar & Associates specializes in Personal Injury and Wrongful Death. We value your comments so if you would like to speak with Chris Zachar directly please feel free to email him at Czachar@zacharlaw.com, or visit our website at www. ZacharAssociates.com .

Man Saves 57-Year-Old Brother from Drowning

2009-05-19T14:36:00.000-07:00

The latest near drowning in the Valley, to my surprise, was not a child but a 57-year-old man. This just emphasizes the fact that we can’t be too careful around water.

On Sunday April 26th, in the morning, the 57-year-old was doing what a lot of Phoenix residents do, cleaning his pool. In the process the head of the sweeper fell off. He reached for it, fell into the pool and hit his head. When his brother saw him struggling he jumped in and pulled him from the water. The man was in critical condition when the firefighters arrived and he was taken to the hospital. No further information has been reported.

As I was writing this posting, I came across another article about an elderly man who also nearly drowned last week. Firefighters arrived and administered CPR after the man was found not breathing. He was then transported to Scottsdale Healthcare-Shea. He was believed to have been in the pool for 5 to 10 minutes.

We have found no further information about these men since they were each taken to the hospital. Medical confidentiality laws prevent further access to information. We hope they both have had full recoveries.

These accidents speak volumes about how careful we have to be around water--no matter how old we are, and no matter how well we swim. We must always use every precaution available to us. I know it is difficult as adults to believe we would ever need any kind of supervision, and it may not even be a realistic option for a lot of people. However, for children, the opposite is never true. No matter how old or how good of a swimmer your child may be, accidents can occur. It does not take long for a tragic accident to result in an unfortunate death—especially when swimming pools are involved. Drownings are called the “silent death”. You will not hear screams or cries for help. In fact, you will not hear anything.

Summer is coming, and swimming pool season is here. Please be careful—running, jumping, diving, playing, etc… A little extra caution goes a long way, most of the time we never realize. Have a great summer.

** If you have any quesions or comments regarding this blog or a legal matter please feel free to email Chris Zachar directly at Czachar@zacharlaw.com, or visit our website at ZacharAssociates.com

Woman Killed Standing at Bus Stop

2009-05-15T10:53:00.000-07:00

A woman who was waiting for the bus Saturday morning just west of 19th Avenue and Greenway Road was struck and killed by a truck.

Nancy Lau Urquides was standing at the bus stop along with another man when a truck heading eastbound crossed over into the westbound lane and crashed into the bus stop, killing Urquides. The unnamed man was able to jump out of the way avoiding injury.

According to the police, the driver was a 53-year-old woman who they believed was driving while impaired. After issuing a warrant and searching the truck the police did find a usable amount of dangerous drugs and drug paraphernalia. The driver will likely be charged with manslaughter.

In an accident such as this caused by a drug-impaired driver, both criminal and civil trials may result. A driver may be charged with a crime and sued for monetary damages in separate proceedings. I hope that Nancy Lau Urquides’ loved ones realize they can and should get help from an experienced wrongful death attorney. My condolences go out to them in their time of grief.

Rollover in Arizona Kills 1

2009-05-12T21:52:00.000-07:00

An accident last Wednesday involving two minivans. One person was killed and several other injures. The collision occurred just before 6:30 pm and closed several lanes of traffic on the Loop 202.

One minivan was driving westbound on the 202 and suddenly veered left crossing into the dirt. The van struck the highway median barriers and rolled, ejecting two of the five people inside. A second minivan then crashed into the first.

One of the people in the first van was pronounced dead at the scene and the four others were taken to hospitals. There were no reported injuries in the second vehicle.

As with many of these cases, we don’t know all of the information but there are many things we can address about these types of accidents. For instance, rollover accidents account for 33% of all passenger vehicle fatalities, amounting to over 10,000 deaths each year. Also, in three out of four of these accidents the victims were ejected indicating they weren’t wearing a seatbelt. According to Safecar.gov, rollovers occur in one of two ways: Tripped or un-tripped. A “tripped” rollover is one in which a vehicle leaves the roadway and slides sideways either digging its tires in to soft soil, hitting a steep slope, or hitting an object like a curb or guardrail. The force applied to the tires can then cause the vehicle to roll. An “un-tripped” rollover is less common, occurring less than 5% of the time, and involves high-speed collision avoidance maneuvers. This type is more likely to happen to top-heavy vehicles.

Rollovers should not happen under normal driving conditions. A rollover can occur, however, if a tire blows out, if the vehicle is hit from the side, or if the driver turns too quickly or sharply. The resulting liability would depend on what actually happened. In the instance of a tire blowout, the manufacturer or the mechanic may be liable. If the vehicle was hit from the side, it is very likely a driver was at fault. If the vehicle turned too quickly or sharply. Likewise, probably driver liability.

Regardless of cause, it is important to retain an experienced personal injury attorney as early as possible in order that evidence is preserved and a proper and complete investigation performed to determine the cause of the accident. Evidence has a tendency to disappear with time, and it is very possible that these types of cases may turn on a single piece of evidence. Experienced injury attorneys generally provide free consults, and therefore it costs you nothing to see if you have a situation wherein they might help.

Driver and Four Passengers Killed in Bus Crash

2009-05-04T09:55:00.000-07:00

A bus crashed on a Highway 101 overpass just north of Soledad, California Tuesday afternoon, killing five people and injuring dozens more.

Investigators believe the bus was the only vehicle involved in the crash. Apparently the bus hit a guardrail as it entered the overpass and rolled several times. The bus slid almost 300 feet before finally coming to a stop just a few feet from the edge of the overpass. Police Chief Richard Cox stated that if it had continued a few feet more it would have likely careened off the overpass.

The bus was carrying 36 people, including the driver. Four passengers fell from the overpass to the road below after being ejected from the bus. One passenger fell to the railroad tracks below. A 13-year-old girl and six others were airlifted to hospitals in Fresno and San Francisco. What I can discern from the many news reports, every person on the bus was injured. The scene was “horrific” according to Chief Cox, with people and luggage scattered along the overpass. The work of 16 rescue agencies, five ambulances and seven helicopters is to be lauded for their efforts in tending to the mass tragedy.

What caused the bus to spiral out of control is still under investigation, but one emergency responder said the overpass is notorious for its dangerous crosswinds. A California Highway Patrol Officer also mentioned that the wind was howling from the Northwest at the time of the accident. However, it is still too early to know if this had anything to do with the accident.

The bus company, Orion Pacific, had a clean inspection record on its vehicles and drivers in the past two years. The company received a satisfactory rating, the highest possible, in a comprehensive audit of its vehicles and safety practices in December 2006. The company also has up-to-date insurance with the $5 million coverage the law requires.

I don’t know how far $5 million coverage will go in an accident of this magnitude. What really caused this crash? Was it high winds? Was it driver error?

If driver error, there is little doubt that every penny of the company’s $5 million in coverage will be paid out for the victims and their families. But what if it was high winds? If high winds were known to cause this to be a dangerous area, could anything have been done prior to the accident? We know that we cannot prevent wind, however, are their measure that could have been taken by the State of California to make this area safer? Barriers? Windbreaks? An alternative roadway design or configuration? Perhaps these measures were considered before this crash—perhaps not. If there was knowledge to the State of California that this was a problems area, and if something could have been done, then there may exist liability on the State for failing to do something.

We cannot prevent every accident. In truth, the law does not require states to build “perfect roads”. The states are required to build roads that are “reasonably safe” for highway travel, and, that comply with federal highway standards. However, what is “reasonably safe” or federally “compliant” may include a changing set of circumstances depending on knowledge of the area, of problems regularly encountered by drivers and accident history. No longer are States allowed to merely use the cigarette defense (that little warning on the side of the pack is enough). There is a duty to provide reasonably safe roads, and/or, provide warnings to travelers of any potential dangers. The failure to act in accordance with these standards varies with each location and each accident. Investigation is key here in determining how and why this tragic accident occurred.

At Zachar & Associates, we have investigators who regularly travel to accident sites to conduct these types of investigations. Timing is critical for these people because evidence needs to be collected now, before it disappears. I believe that an immediate and complete investigation is extremely important but it is even more consequential in this case in particular due to the large amount of evidence that will need to be collected and preserved.

We wish all the survivors of this tragedy a full and quick recovery and we send our condolences to all of those who have lost a loved one in this tragic event.

Two 22-Year-Old Men Injured in Motorcycle Accidents

2009-04-30T09:57:00.000-07:00

Two 22-year-old men were in critical condition last week as results of two different accidents involving motorcycles.

On Friday the 17th, a man was riding his Kawasaki motorcycle in a Scottsdale parking lot when he lost control and struck a wall. Not only was the man not wearing a helmet, but the police also believe both speed and alcohol were factors in the crash. The man was taken to the hospital with serious head injuries including a skull fracture.

The second young man was riding his 1983 Harley Davidson through the Bell Road and 7th Street intersection on Sunday the 19th when a woman driving a 2002 Yukon failed to yield to oncoming traffic, turned left, and struck the motorcyclist. This man was also taken to the hospital in critical condition.

Motorcycles are obviously a very popular form of transportation and fun here in the Valley. The weather allows for them to be ridden year round. However, as we have said time and time again everyone, EVERYONE needs to exercise more caution on the roads considering the traffic volumes and the variety of vehicles on the road today. Motorcyclists need to be even more careful, as drivers do not always see them before making a maneuver in traffic. I received some very insightful advise when I bought my first motorcycle years ago from a veteran rider. He told me “Ride like you are invisible, because often, to drivers, you are”.

As operators of motor vehicles on the public roadways, we all have duties to drive safely to avoid accidents. Motorcycle riders have no duty greater or less than any other driver. However, it is my opinion that motorcycle riders need to be more careful and observant---for their own good. The cars are much bigger, and if an accident occurs, the person on the motorcycle always loses. It does not matter who did what, I can virtually guarantee that the motorcycle rider or passenger is always going to get the worst of it.

In Arizona, helmets are only required by law for those under 18-years-old. Helmets can save lives and prevent very serious head injuries. We know this to be true. In Arizona, if you are involved in an accident, even if you are not at fault, you may be denied a recovery for your injuries and medical bills if the evidence shows that you could have escaped your injuries by wearing a helmet—regardless of age.

Clearly, there are many things both automobile drivers and motorcyclists can do to ensure that the motorcyclists do not fade from view. From the motorcycle rider’s point of view here are some helpful safety suggestions:

• Always wear a helmet (light in color), quality eye protection, and bright protective clothing.

• Use lane positioning to be seen; ride where you are most visible and avoid blind spots.

• Give other vehicles the time and space to see you.

• Make sure all your lights work and have headlight on at all times.

• Flash your brake light when you are slowing down and before stopping.

• Know your bike and how to use it.

For the automobile driver, here are some safety suggestions:

• Look for motorcyclists, especially when checking for traffic at an intersection.

• When you do see a motorcyclist, predict he is closer than he appears.

• Allow more following distance, 3 or 4 seconds, to allow you time to react.

•When a motorcycle is moving, don’t think of it as a motorcycle, think of it as a person.

•Always check your mirrors and blind spots before changing lanes or making sudden moves.

Let’s all do what we can to avoid anyone else suffering serious or life threatening injuries due to these types of accidents. While fatalities can happen, the truth is that they happen far more frequently when the accident involves a motorcycle. Visit www.ZacharAssociates.com for an overview on these types of accidents and what to do if you are involved in one.

Photo-Radar Opponent Kills Operator

2009-04-24T10:03:00.000-07:00

Everyone in the Valley is reeling from the death of Doug Georgianni, the Redflex employee who was shot and killed while monitoring a photo radar van on Sunday. He will be missed by his family and many others but his memory will be kept alive, unfortunately, in a way they may not want.

Georgianni’s death is the culmination of a battle among the public, critics, legislators and the police. Notwithstanding our thoughts on where we thought the photo radar controversy might lead, did we ever really anticipate this type of tragedy? Was it foreseeable? In my opinion, rarely is such depraved and unprovoked violence ever anticipated. This is sick.

Last year, Thomas Monroe Townsend attacked a photo-enforcement camera near 59th Ave and the101 with a pickax. In March, he received one year of probation and a $3,500 fine. Still, I don’t believe that anyone can consider this a precursor to what happened to Mr. Georgianni. In my opinions, the only good things that can come out of this senseless tragedy are 1) send the man who killed Georgianni to prison forever, and 2) Georgianni’s family suing the hell out of the man. Because I am a civil attorney, let’s discuss the civil application of these events.

If the suspect is convicted of the crimes associated with this incident, under Arizona law he cannot then deny the allegations of the criminal offense in a civil proceeding. That means that if he pleads or is convicted of a reckless homicide, and if sued, the fact that he committed a reckless homicide will already have been established. He will not be able to deny that fact.

However, assuming he has insurance (Auto, home), if his act is deemed intentional, then it might well void any insurance coverage he has to provide compensation to the victim’s family. On the other hand, if the act is determined to have been reckless, there is a good chance that the victim’s family will indeed be able to claim and recover under an insurance policy that allows for such. This would be under an auto policy (the perpetrator was driving a car at the time of the incident), or homeowners (contrary to general belief, an incident does not have to occur on your property for homeowners insurance to apply.

I understand that we do not yet know if this was intentional or not and frankly, we may never know, but regardless I feel that what this man did was extremely reckless and violent and he should be punished. In my opinion, just as important, the family should be able to state a civil claim for the death of their son, husband and father, and recover every single penny possible for their lifetime of loss.

Have we learned a lesson from this incident? I certainly hope so. Violence, in whatever form, is truly no remedy.
Intolerance is itself a form of violence and an obstacle to the growth of a true democratic spirit. Mohandas Gandhi

Arizona Couple Killed Crossing Street

2009-04-21T09:55:00.000-07:00

An elderly, Scottsdale couple was killed a week ago when they were struck by a pickup truck while crossing the street. They were hit in a 35mph zone and a Scottsdale police officer stated that the length of the skid marks and the amount of damage to the truck indicated that speed was a factor.

Alfred and Bernice Tillman would regularly walk from their apartment to the grocery store, and then to Einstein Bagels for breakfast. They were well liked and respected by many people who lived and worked in the neighborhood. The employees at Einstein Bagels are sure the Tillmans were on their way, and are extremely saddened at the loss of their friends. We wish them all our condolences.

Alfred and Bernice were not in a crosswalk and they were crossing 90th street near Frank Lloyd Wright when they were hit and killed. The truck was traveling southbound on 90th street and later tests confirmed a speed faster than the posted limit. The driver, a 39-year-old male was taken in for questioning and could possibly be charged with negligent homicide. (However, without any evidence of impairment by drugs or alcohol, this generally does not happen in Arizona.)

We can avoid the majority of these types of accidents if we all follow the rules of the road. While sometimes rules can seem silly, we must remember that rules are in place as safety measures. In Arizona, the law states that people have the right to assume that others will obey rules of the roadways. Posted speed limits are one of the easiest laws to remember and follow--being that they are posted. Speed is also one of the most damaging factors in auto accidents and if we would all slow down, we would likely lower the amount of injuries sustained and deaths caused by these accidents tremendously. Indeed, with the most recent implication of the speed cameras on Arizona’s freeways, the accident numbers are down significantly.

Some may feel that people are to blame for their injuries when they do not cross the street using a marked crosswalk. Crosswalks are existent for a reason---to provide pedestrians a safe area in crossing the street. If designed correctly, there will be advance warning signs to motorist of the approaching crosswalk. I for one have seen far too many and been involved in far too many car-pedestrian accidents where the pedestrian was not using the marked crosswalk. I always cringe when I see someone crossing a roadway at a mid-block, when there is a marked crosswalk only 30-50 feet away.

In Arizona, we apply the law of “comparative negligence”. That means that negligence in an accident can be attributed to more than one person. Could the driver of the care have driven more safely? Should he have been going slower, or perhaps, watching the road more closely? Should the Tillmans have been using a marked crosswalk, or should they themselves have been paying more attention to traffic before stepping into the roadway that morning? Responsibility for accidents like this can be allocated on a shared-percentage basis.

Lastly, these types of cases often involve a claim being made by victims or their families against the other party’s insurance carrier. That should not offend anyone—that is the reason that we have insurance. However, keep in mind that insurance companies and courts may consider the above factors when ruling on situations such as this one. Make sure you find an attorney who is well versed and experienced in these types of cases.

Accident Claims Three

2009-04-17T09:26:00.000-07:00

A terrible accident Sunday claimed the lives of three, including a one-year-old baby girl. The victims were traveling southbound and about to turn left when they were struck by a semi-truck that reportedly ran a red light.

The baby girl, who was properly restrained, and another female passenger died at the scene. The other two victims were taken to the hospital where one remains in critical condition and the other later died from injuries sustained in the accident. The driver of the freightliner sustained only minor physical injuries.

It is my understanding that the truck was coming straight through an intersection, and the car turning left. I am unsure of the actual facts, as they are still under investigation. However, regardless of fault, I caution everyone to proceed carefully when turning left at an intersection.

In Arizona, drivers turning left at an intersection have a duty to “yield right of way to traffic approaching that is so close as to constitute an immediate hazard to their path of travel”. What does that mean? In reality, it means that if you are turning left at an intersection, make damn sure that the cars coming the opposite way are stopping before you initiate the turn. Absent eyewitnesses, the left turner nearly always gets the ticket. Even with eyewitnesses, the left turner is comparatively at fault---even if the adverse runs a red light.

Truck accidents are scary, because they are very often fatal to the occupants of the other vehicle. This is in part due to the fact that they usually travel as fast as other automobiles, but because of their extreme weight, they exert much greater forces on occupants of another vehicle. Studies show that a dump truck traveling 3 mph will exert as much force as a VW traveling 40 mph. Imagine a large 18 wheeler, barreling through an intersection at 40 mph? There is virtually no chance for survival for the other vehicle’s occupants.

Big trucking accidents generally involve serious injuries, but also bring with them a whole complex set of circumstances that require the involvement of an investigative team right away. It is extremely important to act quickly and deliberately if you are involved in an accident such as this so as to preserve the scene of the accident and any other evidence. The determination of fault in serious trucking accidents involves many complex legal issues. Retaining an experienced personal injury attorney right away would be very prudent.

Child Drowning

2009-04-14T10:02:00.000-07:00

In one week in Arizona, we have lost one 3 year old to drowning, and another is in critical condition. Only yesterday, a 4 year old boy drowned in the family pool while his dad slept.

We have no details regarding the 3 year old who drowned except that he was pronounced dead at Banner Children’s Hospital.

The same day another child, also 3, was found by his mother at the bottom of the deep end in their private pool. The child was playing alone on the back patio while his mother was caring for her baby daughter. We also know that they have a pool in their yard and it does not have a fence. Reportedly, the mother was calling to the boy every few minutes and became alarmed when he didn’t answer. The mother then searched the yard and found him in the pool. He was not breathing when the paramedics arrived and they performed CPR. He was airlifted to Phoenix Children’s Hospital where he was put on a ventilator. The hospital upgraded his condition on Sunday to “guarded” and he may have been released this week.

The 4 year old, along with his 5 year old sister, climbed the pool fence while their dad slept and got into the pool. The pool was green, and as the children waded up to their knees, the boy slipped under, the girl began screaming. By the time the dad woke and made it outside, it was too late.

Drowning accidents are called the “silent death”. Kids who drown do not fall in and scream, but rather, fall in, take a big unexpected gulp of water, and that is it. No one ever hears a sound. We have learned how easy this can happen and how quickly little ones can get away from us, yet many of us parents continue to believe that “everything will be fine” and we don’t have to “smother” our children. I, for one, have been guilty of smothering my 3 children, and I don’t feel the least bit bad about it. The fact is we cannot be too safe when it comes to water. We cannot allow our children to play unsupervised in a yard with a pool, fenced or not.

According to the Centers for Disease Control (CDC), fatal drowning is the second-leading cause of death for children ages 1 to 14 years old. In children 1 to 4 years old, drowning is the leading cause of death. Small children can drown in just two inches of water in minutes, so careful supervision is not only imperative it is the only solution.

Thus far the Maricopa County Attorney has declined to prosecute parents and caregivers for a child drowning. However, civil liability (claims, lawsuits) may be brought, depending on the circumstances. Please consult a board certified, personal attorney regarding your questions.

$11 Million Awarded in Assisted Living Case

2009-04-07T09:28:00.000-07:00

Lydia Scherrer’s life changed in 1996 when her husband, Earl, was in a car accident and suffered a severe traumatic brain injury. Earl was not expected to recover but after 16 months in a coma he began to show signs of life. His wife gave everything she could to help his recovery. She loyally committed many hours working with him every week. Unfortunately she had to work, as most of us do, and in the end she had to find a facility that could provide care 24/7.

Lydia continued to visit her husband regularly and on April 7, 2006 she transferred him to the 24-hour care facility, Liberty Manor Residency, in Phoenix, Arizona. One month later Earl was dead and the medical examiner decided it was due in part to several foreign objects found in his stomach and small intestines. These foreign objects included plastic bags, paper towels, and unopened catsup packets.

Lydia Scherrer sued Liberty Manor Residency for abuse and neglect, wrongful death, and punitive damages. She received the largest verdict ever awarded against an assisted living facility, $11 million.

We do our homework and we investigate and we ask all the important questions and we take tours and so on and so on and then we finally make what we think is an informed decision. We entrust these places with our loved ones and we walk away, hoping and praying that we have made the right decision, one of the most important decisions we will ever make. We walk away believing that the place we have chosen will provide everything they have promised. Yet, we continue to see too many of these tragedies in the news.

When you or a loved one is placed into a medical facility, ANY medical facility (hospital, nursing home, extended care facility, rehab, etc..), it is of paramount importance that you visit as regularly as you can, and that you keep your eyes and ears open. As lay people we understand little about medicine, but we truly don’t need to be health care professionals to often see when our loved ones are receiving less than adequate treatment. Everyone needs a friend, and when a medical inpatient, everyone needs an advocate---an extra set of eyes and ears to watch what is happening. Never be afraid to ask questions to gain a full understanding of policies and procedures. Never be afraid to voice concerns of the treatment of a loved one. If you believe that mistreatment is happening, demand to see the patient advocate or director of the clinic. If you are not satisfied, call the Arizona Attorney General’s office, which has the obligation and authority under Arizona law to investigate patient abuse. Lastly, keep in mind there are attorneys who specialize in personal injury and nursing homes cases, who can help during, and after neglect or abuse has occurred.

We hear and see too many stories of neglect and abuse of the infirm and elderly. As our population grows older, we need to be much more careful, mindful and observant of our loved ones who require these facilities. We never want the neglect or abuse to come to a lawsuit. Hopefully, this verdict will make it clear to these facilities that we will continue to hold them accountable for the care of our family members and loved ones.

Boating Accident Claims Three

2009-04-01T10:36:00.000-07:00

I would like to send my condolences out to the families and friends of Marquis Cooper, Corey Smith, and William Bleakley the young men who perished after the boat they were sailing in capsized early this month off the Florida coast. Apparently it has been concluded that improper anchoring of the boat caused the accident. When the men could not pull up the anchor they tried to free it by thrusting the boat forward, it then capsized. One of the men managed to swim underneath and get three life vests. According to Nick Schuyler (the only survivor), the four men clung to the capsized boat and held on as long as they could but the extreme conditions finally took their toll, and claimed the lives of his three friends. This is an incredible tragedy that words cannot even describe.

One would not think that accidents such as this are common in Arizona because we are not located on the coast> However, the truth is that residents of Maricopa County own more boats per capita than any other county in the United States. With Phoenix and the surrounding communities located in the middle of the desert, it should come as no surprise that boating is one of the area's top recreational pastimes. We have several beautiful nearby lakes that will soon become quite populated with the warm weather fast approaching. The combination of people, and fun, brings with it the need for careful attention and common sense.

Boaters need to be very familiar with their vessels. They need to respect their own limitations. In this case the men were in a 21-foot boat about 50 miles off shore----it has been said that in this size boat, they should not have been more than 20 to 30 feet off shore in the ocean.

People should be able to enjoy their summer and take advantage of the many outdoor amenities Arizona has to offer, but these privileges and benefits do not come without responsibility and common sense. Please keep in mind that you should take every precaution available—whether you are boating, skiing, biking, rollerblading, etc…. Respect the fact that Mother Nature may not always be good natured, and, that others may not always be so careful.

Does Arizona Need New ATV Legislation?

2009-03-27T16:00:00.000-07:00

Arizona has always been a great place for outdoor activities, including riding ATV’s. Over the years, the popularity of ATV’s has continued to increase followed by the increase of related injuries and deaths to children, yet state legislatures still have not enacted sufficient legislation to ensure their safety.

Children under 16 years old are legally allowed to operate an ATV on a dirt road as long as they wear a helmet. Over 136,000 Americans each year are injured or killed on ATV’s and more than 33% are under 16 years of age. That is over 45,000 children every year. Just this past weekend a 9-year-old died when the ATV she was on with her 11-year-old sister rolled. Her sister, who was thrown from the vehicle before it flipped, received non-life-threatening injuries.

ATV’s continue to get bigger and faster and therefore more dangerous yet parents are still allowing their children to operate the adult versions. I don’t know if that is what happened in this case but it is what happened to children in 90% of the cases in 2005.

Pediatricians, orthopedic surgeons, and other professionals want children under 16 to be banned from riding ATV’s due to how often they are injured or killed while doing so. Dr. T.S. Park, pediatric neurosurgeon-in-chief at St. Louis Children’s Hospital and his colleagues believe the following guidelines would reduce ATV-related injuries and deaths to children:

1. Banning children 16 and under from riding ATV’s.
2. Mandatory helmet laws.
3. Mandatory instruction and certification programs for owners and operators.
4. Prohibiting ATV’s from all public streets and highways.

Do we really need tougher legislation to tell us, as parents, when something isn’t safe for our kids? Children, especially those under 16, might and probably do need someone to tell them something isn’t safe for them. However, when we still have parents allowing their young children to operate these powerful vehicles despite all the warnings it seems maybe we do need the legislation.

Please exercise every caution when allowing your children to enjoy recreational activities and remember that even if your child has exhibited exceptional skills in operating ATV’s, the adult models are often too heavy and too powerful for children.

It is my opinion that we don’t necessarily need more laws, just more common sense. What do you think?

Woman Attacked by Chimpanzee

2009-03-23T11:39:00.000-07:00

A woman who was attacked by a chimpanzee in February is still in a coma and her family is seeking $50 million in damages. Charla Nash was trying to help a friend lure her pet chimpanzee “Travis” back into her house when the chimp attacked her. Ms. Nash lost her hands, nose, lips, and eyelids, and may be blind and suffering brain damage. The owner of Travis had reportedly been warned of previous bad behavior, but whether he/she took any precautions is unknown.

In Arizona, the extent to which Ms. Nash or her family could state a claim would depend upon several factors, including known behaviors or propensities of Travis prior to the incident and known propensities of these types of animals in general. Knowing the propensities, should the previous owner (private, a pet store, etc…) have sold the chimp? Knowing past behaviors, should the owners have allowed the chimp to roam free? Should the owner have warned others, including Ms. Nash, of the danger associated with the chimp? These are all important questions in determining legal liability.

If the family for Ms. Nash is able to prove legal liability, often a person’s homeowners insurance will cover for damages in a circumstance like this. Be careful to read your policy to see if you would be protected for a circumstance where an animal you own attacks and harms another. Some policies exclude this type of coverage. If you have an animal, you should know what protections you have, and make every effort to obtain insurance, prior to the worst happening.

How awful for Ms. Nash and her family. Regardless as to whether there is coverage (I doubt $50 million anyway), her life has now been permanently changed. Reason and care is the standard by which we should govern our decisions and actions, in all decisions in life. We keep Ms. Nash in our prayers.

Man Dies after being Struck by Road Debris on I-17 in Arizona

2009-03-19T12:05:00.000-07:00

A man suffered severe head trauma and died after being hit in the head by a piece of flying metal on I-17. The man was in the passenger seat of a truck moving south on I-17 earlier this month when he was struck by the ratchet part of a tie-down system that came through the windshield.

The metal came from a truck or trailer traveling northbound on I-17 and bounced over the barrier into traffic traveling the opposite direction, and eventually through the truck windshield. Thus far no one has come forward to claim the piece of metal. It is quite possible that someone may not even know it came from their truck. However, if the person is aware that it came from their truck, we hope they will contact the investigators.

In cases like this, liability can be hard to assess considering, if there is no witness, the vast amount of possibilities. Road debris is something that can be very difficult to control especially on highways and freeways with heavy and fast moving traffic. For instance, how does a driver who loses a piece of metal off the back of his/her truck retrieve it when there is constant, steady, and fast moving traffic? We see this happen frequently, but it is probably far more dangerous to go back and pick it up than merely to leave it to the road crews. Certainly, if the object creates a hazard, a quick call to 9-1-1 to alert the authorities is entirely appropriate.

In Arizona, Arizona Revised Statutes, §28-1098 states:

A. A person shall not drive or move a vehicle on a highway unless the vehicle is constructed or loaded in a manner to prevent any of its load from dropping, sifting, leaking or otherwise escaping from the vehicle.

B. A person shall not operate a vehicle on a highway with a load unless the load and any covering on the load are securely fastened in a manner to prevent the covering or load from becoming loose, detached or in any manners a hazard to other users of the highway.

An injured party will have to first prove the object came from a specific truck (this is often denied by the responsible driver). In some circumstances, it may be necessary to prove also that the responsible party was negligent in securing the load.

Assuming the identity of the vehicle or driver from which the debris came cannot be discovered, an injured party may be able to state a claim with their own insurance company, under their Uninsured Motorist coverage. This will requite that they prove that the falling object or roadway debris actually came from another vehicle. This is not always as easy as it sounds, and insurance companies routinely make up all types of different scenarios to suggest otherwise.

If you or someone you know has been injured in a circumstance involving falling or roadway debris, it is proper to call a Certified Specialist in Personal Injury/Wrongful Death law to see if you might have legal recourse. Almost all such attorneys work on a percentage arrangement, so it costs you nothing to see if you might have a claim.

Glendale Child Falls in Pool

2009-03-18T10:11:00.000-07:00

A boy was taken to Phoenix Children’s Hospital last Thursday after he fell into a pool. The two-year-old was awake and crying when the paramedics arrived at the Glendale home but we still have not heard an update on whether or not he is okay. We keep him and his family in our thoughts.

The boy’s family apparently had lost track of him for nearly 5 minutes and he found his way to the unfenced pool.

Please, please remember how important it is to have a fence around your pool. Unfortunately, in this incident two of the most important safety factors regarding swimming pools were missing: 1) a fence, and more importantly, 2) supervision. Nothing can replace supervision when it comes to children’s safety around water. Especially now, as the summer approaches, please have a set plan for keeping your children safe.

Living in the Valley we have seen too many of these incidents. As pool owners, we must take responsibility to secure our property and any areas around water. Many accidents involving swimming pools occur because the owner hasn’t taken the precautions necessary to keep people in the area safe, especially children. Fences, warning signs, and self-latching gates are just a few of the options available. These are especially helpful if the pool isn’t in use or if a child isn’t living in the home. Indeed, many of these are not merely options, but required by law, depending on the city. You should check your City’s requirements for more information.

Having young children myself, I am well aware of the amount of work it takes to watch over these “balls of endless energy”. However, if we are not 100% up to the task, 100% of the time, then we should not allow our children in an environment that is near water. No matter what precautions are taken---children will find a way. Even if good swimmers, accidents can occur which render them unable to save and protect themselves.

At Zachar & Associates, we have represented one too many families who lost a child. Extra care and precaution is always needed to make sure that those close to us are not the next victim. If you have questions, please feel free to call us to discuss your legal issues.

Mesa Infant Killed by Family Dog

2009-03-12T11:23:00.000-07:00

It was a horrific, nightmarish day in Mesa yesterday for the family of a two-week-old baby, who laid her to rest. The family dog, a Chow-Golden Retriever mix, apparently bit the baby causing fatal injuries. The mother called 911 and the baby was pronounced dead when the paramedics arrived. Our thoughts are with this family as they try to recover from this unimaginable tragedy.

In an effort to prevent this from ever happening again, dog experts and trainers and the like have been addressing this topic a lot lately. I would like to relay some of their input to those of you who do spend time around dogs.

It seems most people think of their pets as family and that is completely understandable considering they give us unconditional love and companionship. It is also easy to get comfortable in a routine with your pet especially if you have had the animal for a long time. But, according to the experts, we need to remember that dogs are animals, not pseudo-people. As such, they will behave like animals. Yes, statistically there are dogs that show more aggression than others but the fact is that any dog can be dangerous. Experts advice is to never leave a child alone or unsupervised around a dog regardless of how well behaved you believe the animal to be. Children under 5 are even more at risk due to their unpredictable behavior and fearful reactions which can trigger predatory aggression in dogs. Experts also advise education is key for people and animals. Teach your children how to interact with animals and how to read the animal’s body language and make sure your dog receives the appropriate training. A couple more good tips are when buying a dog or any pet, make sure to choose the right animal for you and your family, and, never forget good old common sense.

In Arizona, there are very specific laws when a dog bites or attacks someone. By statute, the owner of the dog will be held strictly liable for the injuries and damages sustained by the victim. The only defenses are trespassing (the victim had no right to be on the premises), or provocation (the victim provoked the animal). Typically, homeowners insurance will pay for these types of claims. (These laws will not help this poor Mesa family, as the dog was their own, and harmed a resident in their same household.)

Dogs are considered “man’s best friend”, and quite often that is true. However, there are a number of breeds that have been proven over time to show harmful tendencies, and thus, people need to make sure that “Fido” is an appropriate pet for the given circumstance. The adverse results, as we have seen here, can be catastrophic and irreversible. Our heartfelt sympathies go out to these people.

Supreme Court Rules in Favor of Consumers

2009-03-10T11:49:00.000-07:00

The Supreme Court ruling last week in Wyeth vs. Levine opened the door for all consumers to hold pharmaceutical companies accountable when they sell unsafe products. In fact, the Court decided that these claims can now be brought in State courts.

The drug manufacturer, Wyeth, was arguing that since the FDA had approved their anti-nausea drug Phenergan, they shouldn’t be held liable for damages it caused to patients prescribed the drug. They argued that FDA approval superseded state level “failure to warn” claims. Basically, they were arguing that a drug company cannot be responsible for any damages their drugs may cause after it has been approved by the FDA.

Diane Levine sued Wyeth in Washington State Court after losing her arm to gangrene, brought on by taking Phenergan. The jury awarded Levine $6.7 million in damages. Wyeth appealed to Vermont’s Supreme Court, which upheld the jury’s decision in favor of Levine. Wyeth then appealed to the U.S. Supreme Court which also ruled in favor of Levine.

The big manufacturers favor “preemption”, a doctrine that holds that federal law will override state law if there is a conflict between the two. The big manufacturers also argue that the FDA is best qualified to weigh all risks and benefits associated with a drug, and if the FDA says it is OK, then nobody should be able to challenge that.

This mindset is very similar to the old cigarette company defenses. For years they argued that they complied with the federal government’s requirement to tell people that cigarettes may be hazardous to health, by placing the warning on the packs. They argued that they should not be subject to lawsuits, because they did everything that the government told them to do. (In the meantime, they place dangerous and addicting compounds into the cigarettes to get people hooked on them.)

Big manufacturers are afraid of juries. They believe if juries in state courts are given the freedom to question the FDA’s rulings, then claims against pharmaceutical companies may get out of hand. In truth, they do not want to ever be held accountable, and so they send their lobbyists and millions of lobby dollars to Washington D.C. to get laws enacted that insulate them from consumer lawsuits. Obviously, it doesn’t always work, and sometime, the consumers rightfully win.

In truth, consumer lawsuits are the only thing keeping these giant drug companies in check. The threat of litigation for years has made the products in the United States a bit more expensive perhaps, but at the same time, much safer. Isn’t it a good idea to pay a few pennies more for a product, and know that it is safe, as opposed to not having these protections?

It seems that by this decision, the Supreme Court is alerting manufacturers that they are responsible for providing appropriate information regarding risks and dangers of their products to consumers. Is that a bad thing? Certainly not. It should be a minimum that we expect, especially from these big multi-billion dollar drug manufacturers. Of course, there is always the possibility of human error and we will never be able to prevent all types of mistakes. However, that is best sorted out though the legal, civil process. That is exactly what the court are for, and cases like this are the exact reasons that our forefathers wrote a document we live by, called the US Constitution.

2 Children Struck by Automobiles in Arizona

2009-03-05T09:55:00.000-08:00

It is that time of year again when children of all ages want to be outside. They want to be playing sports, swinging, riding bikes, and soon, swimming. We all, as parents and adults, have to be extremely aware of what’s going on around us because children, especially very young children, are only aware of what they are doing If you’re a parent, you know how quick little ones can get away from you, or into something they shouldn’t. That is why as parents, neighbors, friends, we must remember to take every precaution we can to avoid injury causing or life threatening situations.

Last month a child was struck by a van while riding his tricycle. The child was taken to Maricopa Medical Center with non life-threatening injuries. Another child was hit by a truck while playing on the sidewalk in his neighborhood. He was pronounced dead at the hospital. Children tend to go about their business and forget to look for oncoming cars or dash into the road, because they don’t understand the dangers. Is that what happened in these cases? I don’t know. Nonetheless, one child is injured and another is gone. That is 2 too many, in my opinion.

Our legal system will make decisions regarding liability and money may change hands, but grief and pain will remain long after cases are settled. A settlement cannot replace your child, and cannot replace another’s child. Please remember to watch your children, and to drive and act safely to be careful for other children. As adults, we should understand these matters. Children do not. The law imposes the responsibility on all to act reasonably, and carefully, to avoid a result that might harm another. As to children, we must be more cognizant, especially as the weather warms and more people head out to play.

Bus Driver and Good Samaritan Ticketed

2009-03-03T10:56:00.000-08:00

Is the best way to improve the world we live in to punish those who do the very things that make it better? Like the bus driver last week in Denver who got off his bus to assist two women safely across a street in a snowstorm. As the bus driver and another man were helping the women, a truck hit the bus driver. Yes, the truck driver was ticketed but unbelievably so was the bus driver, for jaywalking. Are you kidding me?!!!!!! The police officer stated that “jaywalking contributed to the cause of the accident”.

Under Arizona law, any evidence of the jaywalking citation against the bus driver would be inadmissible. However, there could be an argument that the bus driver contributed to the cause of the accident by not keeping a prudent watch for other vehicles on the roadway. “Comparative negligence” is applied in accident cases such as this. The negligence of every person involved can be considered in determining responsibility and damages. In this case, the bus driver’s financial recovery may be reduced or even denied, depending on how significantly his actions contributed to the accident.

I don’t know about you, but I hope the bus driver hires a good attorney, who proves that he was not negligent. Do we really need one more person in this world who isn’t willing to help a lady across the street, for fear of being held “liable” in some way for an accident? I certainly hope not.

Truck Rollover in Phoenix, Arizona

2009-02-27T10:03:00.000-08:00

Imagine driving down the freeway one minute and being thrown out of your vehicle the next. If you aren’t scared yet try the onset of head and back pain and the ensuing ride to the hospital. Now, imagine the stress and worry about the medical bills you are accruing and wondering how much your insurance company will actually cover. After all of this, imagine that you just found out the authorities believe the rollover was caused by a mechanical issue.

This is what happened to a man last week, when his truck rolled over on I-17. The authorities believe his accident may have been caused by a mechanical issue involving a wheel. Do some people actually believe that it is so much easier on you because it wasn’t your fault? Does it lesson the pain and disability of the injured man, knowing that he is not at fault? Surely not.

We all have certain responsibilities not only to ourselves, but to each other when we perform services for them for a cost. Companies have a responsibility to us to sell safe products. Service organizations (i.e. repair shops) have a responsibility to provide services in such a way that do not cause us injury. In Arizona, a manufacturer may be liable for injury or wrongful death caused by failure to exercise ordinary care in manufacturing or designing car parts, drugs, children's toys or other products, resulting in:
- Defective design of the product
- Failure to adequately test and inspect the product
- Failure to provide adequate instructions, warnings and labels on the product
- Failure to issue an adequate recall notice concerning the product
Likewise, a mechanic may be liable for your damages if they are negligent in the repair of your vehicle. As consumers, we also have a responsibility to follow the sound advice of others trained in areas we are not. For example, if a mechanic advises you that certain repairs are needed and we choose not to have them done, and an accident occurs as a result, you may be found liable.
The law imposes duties of care upon everyone. If you pay someone for a product or service, you are relying upon an “implied warranty” that the product is safe for regular use. If you are unfortunate enough to be in an accident that you believe resulted from the negligence of another, or from a defective product, you should immediately contact an experienced attorney. These cases can be vey technical and difficult, and evidence can be lost or destroyed with the passing of time which may make it impossible to ever prove your case. Also, there are established timeframes and laws for bringing these types of claims. Failure to timely file a claim could result in forever losing your right to bring a claim for your injuries and damages.

Are Coaches Accountable For Heat-Related Injuries

2009-02-23T10:22:00.000-08:00

The parents of a Kentucky high school football player who died several days after a practice, due to heat-related injuries, are suing the coach.

Surely, the coach is grieving and will probably carry this with him for the rest of his life, but is he at fault? In the past there hasn’t been a coach criminally charged in any heat exposure death to a player. However, one has to wonder to what extent is it okay to continue to push these kids in atmospheres that have at times escalated to dangerous conditions, and should a coach, being aware of this, be held accountable?

As each of these athletes are unique so are their stories, and as this coach in particular has been indicted on one count of reckless homicide , we shall see if his peers feel whether or not he should be held accountable.

At Zachar & Associates, we handle civil matters (i.e. claims, lawsuits), not criminal matters. We believe that the circumstance of a young athlete dying under these conditions is very disturbing. Through media sources, we have heard more about these types of incidents in recent years. To the extent that an injury or death does not result from a purely unknown medical condition, it seems that these incidents are quite preventable, with the use of a little common sense. Under Arizona law, we call this “reason”. The law is designed to hold civilly responsible those who have responsibilties to our young athletes, whose unreasonable behavior results in injuries, or death.

Living in Arizona, we have to be especially careful when it comes to heat-related injuries. Summer is quickly approaching so please remember to make sure your children are well hydrated and help them to be aware of warning signs from their own bodies. We are all concerned when a child is injured and we all want to make sure that we prevent the same thing happening to another child, especially when the injured child is our own. If your child is injured and you believe it is due to the negligence or carelessness of another, seek legal counsel.

Bus Crash in Arizona Kills 7

2009-02-18T09:40:00.000-08:00

We are extremely saddened over the great loss of life caused by an accident involving a tour bus traveling north to Las Vegas. Seven Chinese nationals on the bus were killed and at least ten others were injured.

The bus rolled over, ejecting passengers after the driver overcorrected and hit a gravel median. Others were injured when their cars crashed trying to avoid the bus.
This was a terrible tragedy and our thoughts are with those who are trying to recover from injuries suffered due to this accident and, of course, with all of those who lost loved ones.

Under Arizona law, all drivers have a responsibility to drive with safety, to avoid causing injuries to those within their vehicles and others lawfully on the public roadway. This responsibility is referred to as a “legal duty”. When a driver causes an accident, they are said to have breached their legal duty to the injured. Under Arizona law, when a person or company transports persons for a fee, they are called a “common carrier”, and the law ascribes to them the highest type of duty (i.e. they have to be the most careful). Under Arizona law, a person is legally and financially responsible for damages they cause. In addition, if they are working for another at the time, then their employer is also legally and financially responsible for the injuries and damages of the injured party.
We know that at times like this no one wants to worry about how they are going to pay their medical bills or if their insurance company is going to pay for their hospital stay. We are here to answer your questions, and to provide you help and guidance for uncertain and troubled times following an injury accident. The responsible driver and employer will have insurance officials and attorneys to protect them---you also need to protect yourself and know your rights. There are few who can explain your right and options under these circumstances more so than an experienced personal injury attorney in Arizona. In particular, one who has been determined to be a specialist in injury and death matters by the State Bar of Arizona.

Dog Bites in Arizona

2009-02-10T09:05:00.000-08:00

Phoenix Dog Bite Attorney

Many dog bites are not serious at all and many are never reported. However, those that are, have sparked widespread debates over how to prevent further attacks.

One popular topic for debate is ordinances or laws. There are those who support banning pitbulls versus those who support banning “dangerous breeds”. Then there are those who support restricting certain breeds and how they are contained while still others prefer fining owners of dogs that chase or attack people or animals.

In 2007 about 310,000 people were received in emergency rooms due to dog bites. If you live in a neighborhood with dogs or if you frequent areas where there are dogs, you might want to keep updated on the laws and regulations regarding dogs in those areas.

Contact an experienced dog bite lawyer if you or someone you know has been bitten by a dog. Most importantly, seek medical attention right away and then seek legal advice before discussing anything with any insurance company. Chris Zachar of Zachar & Associates has extensive experience handling animal attacks and dog bite injury claims.

Phoenix Metro Light-Rail Accident

2009-01-20T08:46:00.000-08:00

Metro Light-Rail Collision

By now all of you have heard about the accident two weeks ago with the light-rail train. Metro’s preliminary investigation showed that an electronic failure caused the arms at a Tempe crossing to rise even though a train was approaching. The train did collide with a truck but there were no serious injuries. This was the fourth accident for light-rail and the fifth has already occurred since then.

We all need to be even more vigilant with this new introduction on our roads. Not only do we have to adapt our driving to include the new lanes and crossings but we must also remember our defensive driving skills because sometimes it might just come down to “electronic failure”. Remember, there are no 2nd chances for an injured person, no matter what the circumstances. The best course of action is to drive defensively and keep a lookout for roadway hazards. This is the best way to avoid accidents and stay safe.

However, in the event an accident occurred by way of the malfunctioning of the light rail, or due to another circumstance involving the fault of a city, county or state, it is important to know that the time for bringing a claim for damages against the responsible governmental entity is considerably shorter than an accident with another vehicle. Should such an accident happen to you or a loved one, please do not hesitate or delay in seeking legal advice from an attorney experienced in this area of the law.

Chris Zachar is an experienced personal injury attorney in Phoenix, AZ. Call us for a Free Initial Consultation (602) 494-4800.

Homicide at Arizona Preschool

2009-01-10T08:27:00.000-08:00

Our hearts go out to the parents of Selenia Moreno, the little girl who died in November at Colorful Kids Preschool. The Chandler Police Department responded to the report of an unresponsive child and later determined her death a homicide. An employee of the preschool, Candelaria Bradford, has been arrested and charged with 2nd degree murder.

Under Arizona law, a person commits second degree murder if without premeditation:

1. The person intentionally causes the death of another person, including an unborn child or, as a result of intentionally causing the death of another person, causes the death of an unborn child; or

2. Knowing that the person's conduct will cause death or serious physical injury, the person causes the death of another person, including an unborn child or, as a result of knowingly causing the death of another person, causes the death of an unborn child; or

3. Under circumstances manifesting extreme indifference to human life, the person recklessly engages in conduct that creates a grave risk of death and thereby causes the death of another person, including an unborn child or, as a result of recklessly causing the death of another person, causes the death of an unborn child.

Depending on the classification above, it is very possible that in addition to criminal charges, the wrongdoer will have to respond to a civil lawsuit for damages brought by the family of the deceased child. Further, in that the wrong was committed during the scope of the person’s employment, the wrongs of the employee are generally attributable to his/her employer, thus invoking the insurance coverage the employer has for the business. There are exceptions, and it is important for one to seek legal advice early in the process regarding these questions.

Zachar & Associates handles wrongful death and personal injury cases with the utmost care and concern for those affected. We take a particular interest in injury cases involving children.

Visit us online at http://www.helping-injured-children.com/ or call (602) 494-4800.