Despite the majority of people knowing the national, “Click It Or Ticket” enforcement campaign, and the staggering statistics showing that wearing a seat belt is the most effective way to save lives (The Center for Disease Control and Prevention states that seat belts reduce the risk of death by 45%) and reduce injuries, millions of people still do not buckle-up.
According to the National Highway Traffic Safety Administration, thirteen percent of drivers still do not wear their seat belts.

Seat Belt Laws

The majority of seat belt laws in the United States are left to the states. However, the first seat belt law was a federal one. Title 49 of the United States Code, Chapter 301, requires all vehicles (except buses) to be fitted with seat belts in all designated seating positions. The law has now been modified to require three-point belts in all seating positions.

Although there is an over-arching federal law that involves seat belts, the states are free to create their own laws governing seat belt use. Laws requiring seat belt usage are either “primary” or “secondary” enforcement laws. Primary enforcement laws allow police officers to pull over drivers and issue a ticket just because the drivers, or their passengers, are not wearing their seat belts. However, secondary laws only allow police officers to issue tickets for seat belt violations once the driver has been pulled over for some other offense.

The age in which a driver or passenger is required to wear a seat belt varies from state to state. However, Arizona law requires that each front seat occupant must wear a lap and shoulder belt while the vehicle is in motions. A citation will be issued to the driver for each passenger under 16 years of age that is occupying the front seat and not wearing a seat belt. The exception to this rule is a child that is under five years old, which must be properly secured in a child restraint system.

Seat Belt Safety

The accurate way to wear a seat belt is to have the shoulder belt pulled over your shoulder (not under your arm or behind your back) and across your chest with the belt up close against the body.

Additionally, the lap belt should be close to the body and low on the hips. This positioning will allow the chest and the pelvis to take most of the force of a collision rather than other body parts, which may not be able to handle the impact.

Some of the common seat belt mistakes include:

• Not wearing a seat belt at all. Airbags are designed to work with seat belts, not to replace them. If you are not wearing your seat belt the impact could throw you forward while the airbag is being deployed and the impact may seriously injure or kill you.

• Wearing a seat belt that is too loose. If the seat belt is not close against your body, the impact of the accident could cause your body to slam against parts of the vehicle.

• Wearing the lap belt across your stomach instead of low on the hips. The stomach is not as equipped to sustain impact as the pelvis. If there is a collision, there is a good chance that there will be internal soft tissue injury if the seat belt is worn across the stomach. This is doubly important for pregnant women, who should not wear their seat belt across their stomach but should wear it lower toward their pelvis.

• Wearing the shoulder belt behind your back or under your arm. If there is an impact you are much more likely to slip through the seat belt and be thrown from the vehicle or slam into the inside of the vehicle.

• Making excuses to not wear a seat belt. Excuses such as: I’m not driving very far, the seat belt is uncomfortable to me or It’s not cool to wear a seat belt, may pose serious risks to the excuse maker and the other passengers in the vehicle. Studies show that 75 percent of accidents happen within 25 miles of the home. Furthermore, it is more important to be safe than a little uncomfortable and just because you are sitting in the back seat does not mean that you can’t be thrown through the windshield or hit other passengers.

uninsured and underinsured motorist coverage

What is the difference between uninsured motorist coverage and underinsured motorist coverage?

  • Uninsured motorist coverage (“UM”) is designed to protect drivers and passengers if the at-fault driver in an accident does not carry automobile liability insurance coverage.
  • Underinsured motorist coverage (“UIM”) is designed to protect drivers and passengers if the at-fault driver has insufficient automobile liability insurance coverage to pay for your injuries.

For example, if you are in a vehicle accident and sustain $50,000 in damages due to injuries, but the at-fault driver only has the minimum $15,000 bodily injury coverage, UIM may help bridge the financial gap.

Twenty-one states and the District of Columbia require UM. Just fourteen states require UIM. In Arizona, Colorado and California, however, UM and UIM are not mandatory. Nevertheless, each state has its requirements with regard to UM and UIM.

Arizona law states that every insurer writing a motor vehicle liability policy must offer, in writing, UM and UIM to their insureds in an amount equal to the insured’s liability coverage. If the insureds reject this coverage, insurers must prove compliance with the statute by having their insureds sign a Department of Insurance-approved form that indicates selection or rejection of such coverage.

Colorado law states it is mandatory that the insurance provider offer collision, medical-payments, and uninsured-motorist coverage. Such coverage may only be rejected by the insured in writing.

California law requires insurers to include UM and UIM in automobile policies, unless the insurer and insured execute a written waiver in a specific format that is laid out in California law. If the insured does not sign the three-page waiver, UM and UIM are made part of the insurance policy.

Automobile accidents occur every day. In fact, more than 75,000 people are injured each day due to vehicle accidents in the US. So, whether you are heading out for a hike, going to relax by the ocean, or taking your family to a Spring Training baseball game, make sure that you understand and have implemented your state’s automobile insurance requirements.

arizona dog bite laws

Dogs are known as “man’s best friend.” But, unfortunately, that’s not always the case.

According to the American Humane Association, an estimated 4.7 million dog bites occur in the U.S. each year — and 800,000 of those bites require medical attention.

The personal injury attorneys at Negretti & Associates have experience in representing victims of dog bites.

“It is critical for dog owners and victims of dog bites to remember that Arizona is a ‘no free-bite state,'” explained Jonathan Negretti, founder of Negretti & Associates.

“Some states allow the dog owner to get away with the dog’s first bite. But not Arizona, where the owner can be held liable for the dog’s very first bite.”

What To Do If You Have Been Bitten by Someone Else’s Dog

If you’ve been the victim of a dog bite, consider the following:

  • Gather the owner’s contact information and breed of the dog.
  • Gather the contact information of any eyewitnesses.
  • Take photos of the location where the bite happened.
  • Take photos of the injury immediately after the bite occurred.
  • Seek medical attention promptly and clearly describe what happened to medical professionals.
  • Continue to take pictures of your injuries throughout the healing process.

Strict statutes of limitations exist for dog bite cases. If you or a loved one has been the victim of a dog bite, contact the personal injury attorneys at Negretti & Associates to schedule a free case review today.

what to do after a slip and fall accident

If you’ve experienced a slip and fall accident, your first priority is to seek medical attention, if you think your injury requires immediate medical assistance.

Beyond seeking medical attention, the personal injury attorneys at Negretti & Associates recommend the following:

Gather contact information: Create a list of the names and phone numbers of any eyewitnesses, business managers, business staff members.

Ask to have an incident report generated: If practical, ask the business or place where the slip and fall occurred to create an incident report to memorialize the event.

Take pictures: Photograph the location where the slip occurred and its surrounding area.

Compile documentation related to medical attention: Be sure to give a detailed report to your medical provider about how and where the fall happened.

If you experience a slip and fall accident, you may be in too much pain to gather contact information or take photographs. If this is the case, ask someone who is with you or even an eyewitness to help you.

Remember, a slip and fall accident can require expensive medical treatment, but also may involve the loss of time and wages. If you or your loved one has been injured in a slip and fall accident, contact the slip and fall attorneys in Arizona, California, and Colorado at Negretti & Associates to review your case.

The attorneys at Negretti & Associates, a personal injury law firm, are committed to fighting for the rights of their clients. Whether it’s a car accident or a wrongful death case, the personal injury attorneys at Negretti & Associates work to ensure they have the knowledge and resources to defend their clients against some of the most powerful defendants.

Jonathan Negretti, founder of Negretti & Associates, shares the top five mistakes to avoid when filing a personal injury case.

Top 5 Arizona Personal Injury Mistakes to Avoid

  1. While at the scene of your accident there are very specific and immediate steps that must be taken. Not taking immediate action at the accident scene can significantly damage your personal injury case. Read more here.
  2. After leaving the scene, NOT documenting everything that happened. Read more here.
  3. Not seeing your doctor or following the doctor’s recommendations. Read more here.
  4. Providing the insurance company a statement, signing any insurance documents or accepting insurance settlement money without first getting legal advice. Read more here.
  5. Not hiring a lawyer or hiring the wrong lawyer. Read more here. 

To read more about each of the top five personal injury mistakes to avoid, click on the link next to each mistake.

The personal injury attorneys at Negretti & Associates provide free consultations and evaluations of your personal injury case. They will sit down with you and listen to your specific situation then provide an evaluation of your case.