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 .

Motorcyclist Hit by Truck Last Wednesday in Buckeye

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

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

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

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

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

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

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

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

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

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.

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

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

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

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

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

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

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

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

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

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

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

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