Two 22-Year-Old Men Injured in Motorcycle Accidents

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

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

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

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

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

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

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

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

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

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

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

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

• Know your bike and how to use it.


For the automobile driver, here are some safety suggestions:

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

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

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

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

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

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

Photo-Radar Opponent Kills Operator

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

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

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

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

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

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

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

Arizona Couple Killed Crossing Street

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

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

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

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

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

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

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

Accident Claims Three

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

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

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

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

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

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

Child Drowning

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

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

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

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

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

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

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

$11 Million Awarded in Assisted Living Case

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

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

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

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

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

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

Boating Accident Claims Three

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

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

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

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