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!!!!

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.

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!"

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 .

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 .

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 .

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

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.

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

Parents and Three children Injured in Loop 202 Crash

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

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

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

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

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

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


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

Three People Attacked by Pit Bull in El Mirage

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

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

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

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

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

We wish the Ortega family a safe and speedy recovery.

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

Toddler Dies After Being Struck by SUV in Phoenix Trailer Park

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

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

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

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

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

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

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

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

Boy Struck by Car

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

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

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

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

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

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

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

City of Phoenix Settles Case for Little Boy Who Was Shot

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

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

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

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

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

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

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


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

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.