Metro Light-Rail Collision
By now all of you have heard about the accident two weeks ago with the light-rail train. Metro’s preliminary investigation showed that an electronic failure caused the arms at a Tempe crossing to rise even though a train was approaching. The train did collide with a truck but there were no serious injuries. This was the fourth accident for light-rail and the fifth has already occurred since then.
We all need to be even more vigilant with this new introduction on our roads. Not only do we have to adapt our driving to include the new lanes and crossings but we must also remember our defensive driving skills because sometimes it might just come down to “electronic failure”. Remember, there are no 2nd chances for an injured person, no matter what the circumstances. The best course of action is to drive defensively and keep a lookout for roadway hazards. This is the best way to avoid accidents and stay safe.
However, in the event an accident occurred by way of the malfunctioning of the light rail, or due to another circumstance involving the fault of a city, county or state, it is important to know that the time for bringing a claim for damages against the responsible governmental entity is considerably shorter than an accident with another vehicle. Should such an accident happen to you or a loved one, please do not hesitate or delay in seeking legal advice from an attorney experienced in this area of the law.
Chris Zachar is an experienced personal injury attorney in Phoenix, AZ. Call us for a Free Initial Consultation (602) 494-4800.
Tuesday, January 20, 2009
Saturday, January 10, 2009
Homicide at Arizona Preschool
Our hearts go out to the parents of Selenia Moreno, the little girl who died in November at Colorful Kids Preschool. The Chandler Police Department responded to the report of an unresponsive child and later determined her death a homicide. An employee of the preschool, Candelaria Bradford, has been arrested and charged with 2nd degree murder.
Under Arizona law, a person commits second degree murder if without premeditation:
1. The person intentionally causes the death of another person, including an unborn child or, as a result of intentionally causing the death of another person, causes the death of an unborn child; or
2. Knowing that the person's conduct will cause death or serious physical injury, the person causes the death of another person, including an unborn child or, as a result of knowingly causing the death of another person, causes the death of an unborn child; or
3. Under circumstances manifesting extreme indifference to human life, the person recklessly engages in conduct that creates a grave risk of death and thereby causes the death of another person, including an unborn child or, as a result of recklessly causing the death of another person, causes the death of an unborn child.
Depending on the classification above, it is very possible that in addition to criminal charges, the wrongdoer will have to respond to a civil lawsuit for damages brought by the family of the deceased child. Further, in that the wrong was committed during the scope of the person’s employment, the wrongs of the employee are generally attributable to his/her employer, thus invoking the insurance coverage the employer has for the business. There are exceptions, and it is important for one to seek legal advice early in the process regarding these questions.
Zachar & Associates handles wrongful death and personal injury cases with the utmost care and concern for those affected. We take a particular interest in injury cases involving children.
Visit us online at http://www.helping-injured-children.com/ or call (602) 494-4800.
Under Arizona law, a person commits second degree murder if without premeditation:
1. The person intentionally causes the death of another person, including an unborn child or, as a result of intentionally causing the death of another person, causes the death of an unborn child; or
2. Knowing that the person's conduct will cause death or serious physical injury, the person causes the death of another person, including an unborn child or, as a result of knowingly causing the death of another person, causes the death of an unborn child; or
3. Under circumstances manifesting extreme indifference to human life, the person recklessly engages in conduct that creates a grave risk of death and thereby causes the death of another person, including an unborn child or, as a result of recklessly causing the death of another person, causes the death of an unborn child.
Depending on the classification above, it is very possible that in addition to criminal charges, the wrongdoer will have to respond to a civil lawsuit for damages brought by the family of the deceased child. Further, in that the wrong was committed during the scope of the person’s employment, the wrongs of the employee are generally attributable to his/her employer, thus invoking the insurance coverage the employer has for the business. There are exceptions, and it is important for one to seek legal advice early in the process regarding these questions.
Zachar & Associates handles wrongful death and personal injury cases with the utmost care and concern for those affected. We take a particular interest in injury cases involving children.
Visit us online at http://www.helping-injured-children.com/ or call (602) 494-4800.
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