Recent Blog Posts

Recent Construction Accidents Spark Public Interest

Tucson Injury Lawyer — Thu, 05 Apr 2012 00:17:00 GMT

Two recent construction accidents, one involving the fatality of a 44-year-old construction worker, have sparked an interest of the community near Pantano Wash in Tucson, Arizona. With both accidents involving truck rollovers on the construction site, many are beginning to question if any contractor or construction company is truly looking over the construction site, as business appeared to be back to normal the day after the second accident. When the accidents, which were only ten days apart, were closely reviewed, it was found that the agency in charge of the construction was Arizona's division of OSHA, though the organization reported that the contractor is held responsible for the safety of the job site. Unfortunately, when it comes to situations such as this, it takes months to begin an investigation of an accident, even a fatal accident, and possibly the same amount of time to send a notice to the employer.

Attorney Doug Zanes, of Zanes Law, was quoted in the article stating that construction companies such as this do not necessarily prioritize the safety of their employees. Instead, they are more interested in the bottom line of their business. He also brought up the pertinent issue involving regulatory agencies stepping in after an accident has happened, opposed to acting in a proactive manner to prevent accidents such as this from taking place. To add insult to injury, the safest contractors aren't always hired for jobs; many companies and cities are instead looking for a contractor who is willing to finish the project on time and for a reasonable (lowest) price.

If you have been involved in a construction accident, or you worry that you are currently working in an unsafe environment, you can speak with Tucson personal injury lawyer Doug Zanes and find out more about filing a confidential complaint with OSHA. The firm has extensive experience in personal injury law and can help you fight to hold the party responsible for your injuries accountable for the financial damages that have been caused. Contact a Tucson injury attorney at the firm today to schedule your initial consultation.

The original article can be viewed here.

DON'T GET RIGHT-HOOKED

John Coste — Mon, 30 Jan 2012 22:39:00 GMT

DON'T GET RIGHT-HOOKED

Lance Armstrong, seven time winner of the Tour de France, once called Tucson a bicycling "Mecca". Apparently many bicyclists agree. You see them everywhere. In fact, the League of American Bicyclists has awarded the Tucson/Pima County metropolitan area "Gold" status as a bicycle friendly community. Unfortunately, an increase in bicyclists leads to a concurrent increase in bicycle/motor vehicle collisions.

One of the most common of these collisions is known as the "right hook." The right hook happens when a car makes a right turn and strikes a bicyclist who was on the car's right, most commonly traveling in the same direction as the car. Although this type of collision is one of the most common, it is also one of the most preventable. If you are riding a bicycle, you can decrease your chances of being right hooked by following a few simple rules:

Pay attention! If you are in a bike lane approaching an intersection, look at the tail lights of the cars in traffic ahead of you. If one has a turn signal on, don't try to pass it on the right. Whenever a motor vehicle passes you while approaching an intersection, watch the vehicle for signs of a turn: slowing, brake lights or turn signal. BE PREPARED TO STOP!
Never ride on a sidewalk! You might think that you are safer on a sidewalk, but the driver of an automobile will not be looking for you there when he checks his mirrors. Besides, riding on the sidewalk is illegal within the city limits of Tucson and TPD is ticketing sidewalk riders.
Always ride with the flow of traffic! Again, automobile drivers are not looking for the "wrong way" cyclist. Under Arizona Revised Statutes Section 28-812 a person riding a bicycle has the same rights and same duties as the driver of a vehicle. In other words, a bicycle on the street is required to follow the same rules of the road as a vehicle.
If you find yourself in a right hook situation and don't have time to stop, take evasive action: turn right with the vehicle.
Always remember to keep your cool. It never helps a situation to curse or berate a driver, even one who isn't paying enough attention

As a Tucson and Phoenix personal injury law firm, the Zanes Law team helps hundreds of clients each year who have been injured in preventable accidents, including bicyclists who have been struck by inattentive drivers. If you've been injured in a bicycle accident, or any other type of accident, call an injury lawyer at Zanes Law (520) 777-7777.

Medical Payments Coverage

John Daddona — Mon, 16 Jan 2012 21:06:00 GMT

Medical Payments Coverage

As Tucson and Phoenix car accident lawyers, we speak to many people who are injured by others who do not carry medical payments coverage. When you purchase automobile insurance, you may have the option to purchase medical payments coverage. Medical payments coverage acts like health insurance, as it pays for any reasonable medical expenses that are incurred as a result of a motor vehicle collision. Unlike underinsured and uninsured motorist coverage, medical payments coverage is available regardless of fault. For example, if you run a red light and cause a collision, your medical payments coverage will pay for any medical bills that you incurred as a result of the collision, e.g. ambulance, hospital, physical therapy, etc.

Generally, medical payment s coverage extends to the driver and occupants of a vehicle. However, it may also follow the insured(s) as a pedestrian, bicyclist, or into another motor vehicle. It is important to note that the scope and breadth of medical payments coverage always depends upon the express terms of your insurance contract.

If you are considering whether or not to purchase medical payments coverage, the two most important things you should consider are as follows: (1) whether or not you have health insurance and (2) whether or not you can afford your health insurance co-pays or co-insurance in case of an automobile related injury.

If you've been injured in any type of accident call injury lawyer at Zanes Lae at (520) 777-7777.

The Importance of Uninsured and Underinsured Mortorists Coverage

Doug Crisp — Fri, 06 Jan 2012 21:36:00 GMT

As Tucson and Phoenix car accident lawyers, we speak to many people who are injured by others who do not carry car insurance. Because of this, uninsured and Underinsured Motorist Coverage (or UM and UIM in their abbreviated forms) are incredibly important parts of the automobile insurance that we all need, but they are not well understood by most people. Perhaps the best way to define UM and UIM is by demonstrating what they are not. UM and UIM are not a part of liability coverage. Liability coverage is what all drivers are required by law to carry. Liability coverage protects you if you cause a motor vehicle accident-it helps to shield you from liability to the parties you have injured. Conversely, when you are involved in an accident that was not your fault and you have sustained a personal injury, it is the liability coverage of the at-fault party that pays for your damages and compensates you for your injury (medical bills and pain and suffering). Collision coverage is part of your personal insurance coverage. Collision can be used to repair damages to an insured vehicle regardless of who is at fault. Collision is coverage that a driver or owner of a vehicle pays for to their own insurance company for damages to their insured vehicle that are caused by a collision. Collision coverage usually carries a deductible, and unlike liability coverage, is not used to pay for damages caused to another party.

So what are UM and UIM? Unfortunately, not every person driving a vehicle in the state of Arizona carries liability insurance. It could be because someone forgot to make their payment on time, because the person driving was specifically excluded from coverage, or because someone simply decided not to insure their vehicle. If an uninsured driver causes an accident that results in a personal injury to you-then the UM coverage you carry on your own policy can step in to compensate you for your injury. Additionally, UIM coverage is used when there is valid liability coverage, but not enough to fully compensate the injured party. Carrying UM and UIM coverage on your insurance policy is a wise investment that provides protection when you need it the most.

If you've been injured in any type of accident, call an injury lawyer at Zanes Law at (520) 777-7777.

Causes of Spinal Cord Injuries

Tucson Personal Injury Lawyer — Thu, 01 Dec 2011 17:56:00 GMT

Damage to the spinal cord that results in a loss of function, mobility or feeling is known as Spinal Cord Injury (SCI). Some of the most frequent causes of SCI are traumatic incidents such as car accidents, gunshot wounds, falls, etc. Diseases like spina bifida, Friedreich's Ataxia and polio are also known to cause SCI. It is a common misconception that the spinal cord must be severed in order for loss of function to occur. SCI is very different from back injuries like ruptured disks or pinched nerves because people can break their back or neck, and yet not incur a spinal cord injury.

SCI injuries can be divided into two types, incomplete and complete. While complete means there is no function below the level of the injury on the spinal cord, an incomplete injury means there is some level of function. With today's advances of acute treatment of SCI, variations of incomplete injuries are becoming more common. Around 10,000 new cases of SCI occur every year, and 82% of them involve mails between the ages of 16-30. Motor vehicle accidents are the cause of 36%, violence accounts for 28.9% and falls are responsible for 21.2%. If you or someone you love has experienced a recent SCI injury, contact a Tucson spinal cord injury lawyer to seek help in getting the best medical care possible. A Tucson personal injury lawyer can provide legal guidance and representation for your injury claim, so call today.

Boating Safety

Doug Zanes — Mon, 13 Jun 2011 15:32:00 GMT

As Tucson and Phoenix boating accident lawyers, my Zanes Law team helps hundreds of clients each year who have been injured in preventable accidents. So as we move into the heart of the Arizona summer and the Arizona heat, I believe that it is extremely important to talk about boating accident prevention and safety. Many Arizonans own wave runners and boats, and they head to one of the many lakes in Arizona or the cool waters of San Diego, Rocky Point, or San Carlos when it gets a little too hot. Besides, going to the lake is lots of fun. Who doesn't want to feel the sun on their face, the wind in their hair, and the cool spray from the water? Unfortunately, it's easy to leave safety behind. According to the United States Coast Guard, there were 709 fatal boating accidents in 2008. Nearly two-thirds of these wrongful deaths were caused by drowning. Of those, 90% were not wearing a life jacket.

At Zanes Law we want your boating trip to be a safe one. So here are five things that you need to know before you go:

Be prepared: Have at least one US Coast Guard-approved/UL-Listed personal flotation device (PFD) for each person on board and make sure that each life jacket is appropriate for each passenger's height and weight. Life jacket requirements and information can be found at www.uscgboating.org ;
No substitutions allowed: Inflatable toys, rafts, and other devices that are not approved by the US Coast Guard or UL as flotation devices should not be used as a substitute for a PFD;
Do not overload your boat: Capsizing and falls overboard are the most common cause of fatal accidents and account for more than half of all boating fatalities;
Take a safety course: Approximately 90 percent of all reported fatalities occurred on boats where the operator had not received boating safety instruction;
Drink responsibly: Alcohol was listed as the leading contributing factor in fatal boating accidents in 2008. Sun and dehydration can heighten the effects of alcohol, so be aware and drink responsibly.

Zanes Law personal injury attorneys represent people who have been injured in all types of accidents. So if you have been injured and need help, call the personal injury attorneys at Zanes Law, a leading personal injury and car accident law firm, at 520-777-7777 or 866-430-2585 for a free initial evaluation.

Swimming Pool Safety

Doug Zanes — Thu, 05 May 2011 13:49:00 GMT

As a Tucson and Phoenix personal injury law firm, my Zanes Law team helps hundreds of clients each year who have been injured in preventable accidents. So as summer approaches, I believe that it is extremely important to talk about swimming pool safety because we want to make sure our children stay safe all summer long. The U.S. Consumer Product Safety Commission (CPSC) recommends that pool owners adopt water safety steps to prevent children from getting to the water when there is no adult supervision. In order to get started, please ask yourself the following questions. Your answers to these questions will help you to evaluate the effectiveness of your water safety measures and to determine what steps need to be taken to prevent drowning injuries. Is there a fence around the perimeter of your pool or spa?

Are there self-closing and self-latching gates?
Are there door, gate, or pool alarms in use?
Does your pool have anti-entrapment drain covers that protect swimmers?
Are all pool and spa covers in working order?
Has someone in the family received CPR training?
Has everyone learned to swim?

If you own a pool, you want your answer to all of the above questions to be "yes". It is extremely important to understand that a child can drown in the time it takes to answer a telephone. Listed below are safety tips that you can adopt in order to make your pool or spa safe for children:

Always watch your children when they are in or near a pool or spa;
Teach your children basic water safety tips;
Keep children away from pool drains, pipes, and other opening to avoid entrapments;
Have a portable telephone close by when you or your family are using a pool or spa;
If a child is missing, look for him or her in the pool or spa FIRST;
Share safety instructions with family, friends, and neighbors.

This information is just a start. I will add additional pool safety information to the Zane Law blog over the next week or two because at Zanes Law preventing accidents is just as important to us as helping those who have suffered serious injuries. Zanes Law attorneys represent people who have been injured in all types of accidents. So if you have been injured and need help, call the personal injury attorneys at Zanes Law, a leading personal injury and car accident law firm, at 520-777-7777 or 866-430-2585 for a free initial evaluation.

Low Impact Car Accident Cases

Doug Zanes — Wed, 23 Mar 2011 16:51:00 GMT

As a Tucson and Phoenix personal injury law firm, Zanes Law attorneys help hundreds of clients resolve their car accident injury claims every year. Unlike many other personal injury attorneys, we actively take on many cases that the insurance companies classify as low impact cases. These are cases where the vehicles involved sustained minimal damage (typically less than $1,000.00 to repair). Although insurance companies will argue that a person involved in this type of car accident could not have been injured, Zanes Law attorneys know better and have always been willing to fight for these clients. We do not believe that the amount of damages to the vehicles has any relation to whether or not a car accident victim could have been injured, and the research supports us and our clients. In fact, researchers note that the majority of car accident injury claims occur at relatively low speeds of about 12 mph or less.

Nevertheless, insurance companies responsible for compensating victims who have been involved in these types of accidents will fight until they are forced to pay out on a low impact claim. To these insurers, there really is no speed at which they want to admit an injury could occur, especially a low speed accident. For economic reasons, insurance carriers try to dismiss whiplash injury cases as if they do not exist.

Zanes Law attorneys represent people who have been injured in these types of accidents. So if you been in a normal, everyday car accident and now have pain, call the personal injury attorneys at Zanes Law, a leading personal injury and car accident law firm, at 520-777-7777 or 866-430-2585 for a free initial evaluation.

Protect Your Children

Doug Zanes — Wed, 16 Feb 2011 16:23:00 GMT

As an Arizona car accident attorney, I have represented hundreds of children who have been injured in car accidents. Car accidents are still the leading cause of death among children. This is why it is so important to seat children in the appropriate child safety seat. But this is just the first step. The U.S. Department of Transportation says that nearly seventy-three percent of child safety seats are being improperly used, thus endangering the lives of the children in those seats.

Here's how to make sure you are using your child safety seats properly:

The first step is to determine what is the correct safety seat for your child. This is dependent on your youngster's age and/or weight. Before children are one-year-old or weigh 20 pounds, they should be fitted in a rear-facing seat with a five-point harness system to hold them securely in the seat. Once children reach the age of one or the weight of 20 pounds, they can be switched to a convertible forward-facing seat. This seat should also have a five-point safety harness.

By age four or at 40 pounds, you will want to seat your child in a booster seat. This seat should have both a lap and shoulder belts and should be used until your child is age eight or 80 pounds, when he or she is ready to use traditional seatbelts. Finally, experts recommend that children under the age of twelve ride in the rear seat.

Failure to use the correct car seat and failure to install that seat correctly can lead to personal injuries, catastrophic injuries, traumatic brain injuries, broken bones, and possibly the wrongful death of the child. Please do everything possible to protect your children. Once you've established the right car seat and its positioning, read the instruction manuals to be sure your safety seat is properly installed. If you still have questions, contact your local police department to be certain your child's ride is as safe as possible.

If you or someone you know has small children, please forward this information to them. We don't want to see any more injuries or deaths. If your child has been seriously injured in any type of accident, please do not hesitate to call a Zanes Law personal injury attorney for help.

Drop Side Cribs Banned!

Doug Zanes — Mon, 03 Jan 2011 17:52:00 GMT

As a Tucson and Phoenix personal injury attorney, I pay special attention to any product that can cause an injury. Recently, the consumer Product Safety Commission has outlawed the manufacture, sale, and re-sale of drop-side cribs. This product was designed with a side rail that moves up and down, which makes it easier for parents to remove their child. Drop-side cribs have been made by many manufactures over the past ten years and are common are currently common place and found in many homes.

Unfortunately, dozens of infant and toddler deaths and injuries have been caused by this terrible design. Faulty parts, unsafe materials, and defective assembly of these cribs have led to the rail becoming partially detached from the crib. This results in a gap between the mattress and the side rail big enough for the child to become trapped and to suffocate.

Motorcycle Safety

Doug Zanes — Thu, 02 Dec 2010 18:37:00 GMT

The nice weather has hit Arizona. It is no longer 100+ degrees outside and riding a motorcycle is a great way to enjoy a beautiful day.

Bikers need to exercise extreme safety. Motorcycle accidents remain among the most dangerous with over 5,100 deaths per year.

Here are a few tips to review from the motorcycle accident attorneys at Zanes Law on how to stay out of harm's way when riding a motorcycle:

Prepare to Hit the Roads

Make sure your thoroughly check your machine. This includes your lights, turn signals, brakes, mirrors, chain, and cables to make sure they're all up to the manufacturer's specifications.

This advice may seem like a no-brainer for experienced motorcyclists; however, there are many new riders, of all ages, on the road.

You might also think about getting some new quality gear. Does your helmet need an upgrade? Do you need boots to cover your ankles? Frayed gloves? Try some new durable, non-slip gloves for extra safety.

On the Highway

You're geared up and ready to go. But there is still a lot you can do to protect yourself and other motorist while you're on the streets.

ALWAYS wear your helmet. Make sure that you're wearing one that meets federal safety standards.
Be as visible to other drivers as possible. Keep your headlights on during the daytime, wear reflective gear, and equip your bike with a fairing or windshield.
Get proper training. Bikers who are well trained on how to ride and care for their bikes are less likely to be involved in Motorcycle Accidents.
Ride Sober. Alcohol and other drugs affect judgment and do not mix with motorcycling.
Finally, stick to the speed limit. Be smart and slow down.

We hope these tips may offer some help and that you will be able to enjoy the feeling of the open road for many years.

Child Pedestrians

Doug Zanes — Wed, 24 Nov 2010 14:54:00 GMT

Car accidents are a leading cause of accidental child injuries and deaths. Young children who are playing or walking near a road are especially vulnerable. Unfortunately, in both Tucson and Phoenix, Arizona pedestrian accidents are a regular occurrence. Some kids may be too young to fully comprehend the dangers that can arise when crossing the street. Some may choose to cross outside a crosswalk or may run into the street to chase a ball without realizing that a car is fast approaching. It can also be hard for kids to grasp how far away (or how close) a car really is and how fast that car is moving.

That said, drivers must do their part to prevent pedestrian accidents. Drivers must obey all traffic signals, must follow the speed limit, must yield the right of way, and must watch out for all pedestrians, especially in school zones and residential areas. Also, in order to avoid both car accidents and pedestrian accidents drivers must refrain from distracted driving, drunk driving, texting, and talking on a cell phone. Finally, drivers must exercise caution when driving by or around parked cars just in case there may be a child pedestrian getting ready to step onto the road.

The injuries cased in car accidents and pedestrian accidents are often catastrophic orfatal. So be careful when driving and be aware of the pedestrians around you.

Car Accident Deaths Down Statewide - But Not On I-19

Doug Zanes — Tue, 16 Nov 2010 15:16:00 GMT

According to the Arizona Department of Transportation, over the past two years car accident deaths are at a 16-year low. This equates to a 14 percent decline in car accident deaths over this time period.

Unfortunately, on the stretch of road between Tucson and Nogales, the statistics are much different. The breakdown is as follows: 10 car accident deaths in 2005, 11 in 2006, 5 in 2007, and 10 in 2008. But in 2009, Interstate 19 had more car accident deaths than in those previous years. In 2009, I-19 saw 13 car accident fatalities.

The Arizona Department of Public Safety says I-19 is not any more dangerous than other roads in Arizona. DPS says the key to highway safety is driver behavior, and the two growing problems are driver fatigue and distracted drivers. In fact, AAA says that falling asleep while driving has been a part of nearly 17 percent of all fatal accidents. The conclusion being, a fatigued driver can be almost as dangerous as a drunk driver. When you're tired, your reaction time and your perception time both slow down. So keep the roads safe. Know your limits and keep a safe distance between you and the traffic around you.

The Dark Side of Social Media

Doug Zanes — Mon, 08 Nov 2010 16:03:00 GMT

Do you use Facebook? Enjoy tweeting? Do you use some other form of social media?

If the answer is yes and you have a personal injury case, my advice is that you watch what you say online. These days, smart insurance adjusters will check and see what they are able to find. Please understand that even if your privacy settings are turned on and a random insurance adjuster can't get access to what you post, once you have sued a smart insurance defense attorney may attempt to get access to your Facebook or MySpace accounts. This access may be permitted through the discovery process that takes place in litigation. You may think that deleting your posts and photos will solve the problem, but it may also look like you are trying to hide something. Under both circumstances, the insurance company is looking to find information that will help them challenge your personal injury claim.

As a personal injury lawyer, even if you currently don't have a personal injury case I strongly recommend that you think before you post. This is because Defense counsel will not think twice about using any information that is available and can be used to harm the reputation of a personal injury victim. That includes things that were posted prior to your car accident, trucking accident, or motorcycle accident.

So if you've been injured in a car accident, trucking accident, or motorcycle accident, what should you do? First, you should hire an experiencedpersonal injury law firm that has a record of success on personal injury cases. Next, avoid talking or writing about your personal injury case with anyone other than your personal injury attorney. Finally, remember that anything that you post online can be used to discredit you.

Because your personal injury claim, car accident claim,trucking accident claim, or motorcycle accident claim can be a minefield, call Zanes Law and find out what you need to do to protect yourself.

Dog Bites - The Law in Arizona

Doug Zanes — Fri, 05 Nov 2010 15:51:00 GMT

As a Tucson and Phoenix personal injury law firm, we talk to lots of dog bite victims. In Arizona, when a dog bite causes injuries, the owner of the dog may be legally obligated to pay the victims damages, even if the dog has never bitten before. In fact, based on Arizona Revised Statutes Sections 11-1020 and 11-1025a, Arizona is what is know as a strict liability state. This means that to be successful on a dog bite claim the victim does not need to show that the owner of a biting dog did something negligent. The victim must only show that the dog bit him and that the person the claim is brought against owned the biting dog. Nothing more. In fact, in Arizona not only is the dog owner responsible for the injuries caused by his biting dog, the person or persons (other than the owner) who are responsible for the dog at the time it bites may also be liable for the damages caused to the victim. For example, if you take a friend's dog for a walk and the dog bites someone, you may be jointly liable for the victim's damages. The statute of limitations for bringing a statutory strict liability dog bite claim is one year from the date of the bite.

In addition to its statutory liability, Arizona law also imposes non-statutory liability on dog owners. This means that in addition to being able to bring a legal claim under the Arizona Revised Statues discussed above, dog bite victims may have a claim arising under local city or county ordinances. For example, if the city that you are in has a leash law and the law was violated, that violation may be a basis for a negligence claim. In addition, dog bite claims may also be brought under Arizona common law and for negligence. These claims are more difficult to prove than a strict liability claim, but they may also be made concurrently with a statutory strict liability claim. The statute of limitations for claims based on negligence and Arizona common law is two years from the date of the bite.

Finally, a dog owner can be held criminally liable for his biting dog. In Arizona a dog owner is guilty of a class 6 felony if:

the person owns a dog that the owner knows or has reason to know has a propensity to attack, to cause injury or otherwise endanger the safety of human beings without provocation or which has been found to be a vicious animal by a court of competent authority, and
the dog bites, inflicts physical injury on or attacks a human being while at large.

If a dog bite victim proves liability, the victim is entitled to be compensated for his injuries and other damages. Some examples of these damages are the cost of the needed medical care, the estimated cost of any future medical care to treat wounds and reduce or eliminate scars and disfigurement, counseling costs, lost earnings, and compensation for pain and suffering. This list illustrates the types of damages a victim is entitled to but it is not a complete list.

If you've been injured in a dog bite incident or any other accident, contact Zanes Law today at 520-777-7777 or 866-430-2585.