Visit My New Blog at www.ZacharLawBlog.com

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?

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

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

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

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

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

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

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

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

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

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

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

Have a safe and fun Halloween!!!

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

8-Month Old Drowned in Bathtub

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

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 .