A 17-month-old child drowned in a Glendale pool after he used a doggie door to crawl outside of a relative's house, according to local police. The child was found floating face down in the water and estimates put him there for about 15 minutes. Though rescue efforts, including CPR, were attempted, the boy died of his injuries.

A similar incident happened recently in Mesa where another child crawled through a doggie door and got access to a backyard pool. That child also died, leaving experts to alert parents to the dangers doggie doors may pose to small children.

Our hearts go out to the victims' families in both tragic cases.

Children are often drawn to pools and other bodies of water which is why most states have laws regarding safety requirements for public and private pools. Arizona is all too familiar with pool drownings since the states sees the second most drownings each year. This is due to a combination of reasons, including the high number of pools per capital, the extended length of outdoor pool season due to the weather, the number of year-round pools, and general negligence on the part of pool owners, operators, and those supervising small children.

Swimming pool deaths are avoidable and can be prevented with proper safety procedures including a fence that cannot be breached by young children. As these recent drownings illustrate, though, a fence that uses a house or other building as one wall may not be sufficient if a child can find another route to access the pool.

The average doggie door is big enough to allow a child to pass through as easily as a dog. If a home has a doggie door that leads to a pool or to an area that provides access to a pool, officials now caution parents and others to lock the doggie door when children are home. If kids cannot access a pool, they will not be able to be harmed by the water.

The owner of a pool is responsible with making it a safe and secure area that is not able to be accessed by others, including small children. If an owner fails to keep a pool secure or allows a child unauthorized or unintended access to the water, the owner may be liable for any injuries the child sustains. This can include medical and rehabilitative bills in the case of an injury or damages for loss of the life of a child who drowns in the water.

Continue reading "Second Child in Two Months Drowns in Valley Pool Accessed by Doggie Door" »

Mesa and Gilbert will see hundreds of cyclists take to the streets tonight for Ride of Silence, an international movement to highlight those injured and killed while cycling. The silent ride will begin at 7:00 p.m. at Mountain View Park in Mesa and will follow an 11 mile route south to Freestone Park in Gilbert before finishing back at Mountain View.

Ride of Silence began in 2003 in Dallas, Texas after a cyclist was killed by a passing bus. The ride is open to the public and free to join with no registration needed. Cyclists all over the globe are encouraged to band together for a silent ride in honor and memory of those bicyclists who have been injured or killed in accidents.

The idea behind Ride of Silence is to draw attention to the cycling community so that motorists are more aware of cyclists and their use of the roads. If more motorists are aware of bikes and are actively alert for riders, the belief is that fewer collisions will occur, resulting in fewer bicyclists being injured or killed in Arizona and across the world.

Organizers have several rides throughout Arizona scheduled all for 7:00 p.m. tonight as May 15 has been the designated date for northern hemisphere rides. Participating groups in the southern hemisphere are preparing for rides to take place on Saturday which is also used for northern cities that experience inclement weather tonight.

As the goal of the ride is to increase awareness and safety, all participants are encouraged to wear bicycle helmets and to follow all local laws during the ride. As the name suggests, there is no chanting, shouting, or even quiet talking during the trip - riders are encouraged to remain silent so their presence as a unified group makes the statement as opposed to individualized words from the riders themselves.

Bicycle safety is a major concern in Arizona where 1,910 bicycle crashes occurred in 2011. Of those collisions, 1,586 resulted in injuries and 23 crashes proved fatal. The most common causes of death among bicyclists are head and brain injuries but broken bones, internal injuries, cuts and scrapes, and puncture wounds are also relatively common. The best way to avoid crashes is to ride defensively and always wear a helmet. The fact is that even though motorists should always be cautious of cyclists, many are not and collisions often occur.

Continue reading "Ride of Silence Hits Valley in Remembrance of Bicyclists" »

A Monday morning car crash left one man dead and another seriously injured when a vehicle slammed into a Phoenix bus station. Now authorities say that a suspect has been arrested and is in custody facing criminal charges related to the incident.

The 22-year-old driver of a Chevy Impala lost control of her vehicle and swerved to avoid oncoming traffic, veering into a bus stop in the area of 27th Avenue and Indian School Road. The bus stop was destroyed in the collision and one man waiting for the bus was killed. Another man suffered serious injuries and a third person waiting for the bus avoided injury when she ran into the road to avoid the speeding car.

The driver of the car and her passenger fled the scene on foot and avoided capture but the driver turned herself into authorities shortly after the crash. Officers noticed visible signs of impairment in the driver who admitted drinking alcohol and smoking marijuana before the collision. She has been charged with second degree murder, aggravated assault, endangerment, and leaving the scene of a fatal crash, which may have resulted after she ran a red light.

Arizona law makes it illegal to drive under the influence of alcohol or drugs. Any person who is under the influence is guilty of violating the law and may be criminally charged as a result. The law presumes that anyone with a blood alcohol content of 0.08 or greater is under the influence of alcohol and may face a fine, community service, suspension of a driver's license, or even incarceration in jail or prison, depending on the nature of the crime and any prior convictions for driving under the influence.

It is harder to determine if someone is influenced by drugs like marijuana at the time of a crash because traces of the drug may stay in someone's system for longer than the effects last. However the law is clear that a driver is considered under the influence of a drug if the drug or its metabolite is detected in the driver's system meaning that any presence of drug in a driver's system, whether or not the driver is actively high, can be a violation.

Continue reading "Arrest Made in Phoenix DUI Crash that Killed Bus Patron" »

An 18-year-old man in Phoenix caused a crash that left a 3-year-old boy dead and his sister clinging to life in an area hospital. Authorities suspect the driver was under the influence of drugs or alcohol at the time of the accident and he is expected to face criminal charges as a result.

The collision occurred on Southern Avenue and 36th Street where the driver reportedly swerved in and out of traffic before hitting a curb and several shrubs, overcorrecting his path of travel and crossing the center line, hitting a Pontiac G6 in a head-on collision.

The G6 was driven by a female who sustained serious injuries and was treated at a local hospital. She had a 5-year-old girl, a 3-year-old boy, and a 1-year-old girl in the car as well. The 3-year-old boy died from his injuries and the 5-year-old girl is in critical condition. It is not clear whether she will survive but the injured 1-year-old is expected to make it.

The at-fault driver was thrown from his vehicle upon impact and he was examined by doctors and treated before being taken into custody. Officials have not released the nature of the charges the man will face as a result of this crash.

The legal age to consume alcohol in Arizona is 21, so if the driver in this case was 18 and had alcohol in his system, he will likely face charges of underage drinking or possession in addition to the crash-related charges.

Driving under the influence of alcohol or drugs is illegal in Arizona and extremely dangerous. In 2011, there were 103,423 automobile collisions resulting in 754 fatalities in the state. Of those collisions, 5,537 were caused by alcohol and those crashes resulted in 265 deaths. While collisions caused by alcohol accounted for only 5.33 percent of all crashes, the percentage of fatalities caused by alcohol was 32.12 percent, meaning that collisions caused by alcohol are much more likely to be fatal than crashes unrelated to alcohol.

In alcohol-related collisions, there may be several avenues towards a recovery for personal injuries, including claims against the drunk driver, the owner of the driver's vehicle, a bar or restaurant that served the driver too much alcohol, or even a victim's own insurance policy in the case of an uninsured or underinsured drunk driver.

Continue reading "DUI Driver Kills 3-Year-Old, Injuries Three Others" »

A Flagstaff motorcycle crash last year that left a passenger dead has led to charges against the driver of driving under the influence, driving under the influence of drugs, and manslaughter.

The biker, an 18-year-old man from Flagstaff, met a 19-year-old female at the Flagstaff mall and offered her a ride on his motorcycle, which she accepted. While still behind the mall, the driver dropped his bike and the passenger hit the ground. The female passenger died several days later from her injuries while the driver was not injured in the crash. Tests after the collision showed marijuana in the driver's system.

The biker claimed that he swerved to avoid another vehicle and therefore was not guilty of manslaughter as charged. Police have countered that the biker was driving under the influence and lost control of his bike, which in turn caused the injuries that resulted in the passenger's death. Investigators have also noted that the driver was cited for speeding twice in the six month period before the fatal collision.

Reports indicate that the passenger was not wearing a helmet at the time of the accident.

In 2011, there were 680 collisions in Arizona where the driver appeared to be under the influence of drugs. Of those 680 crashes, 40 involved fatalities and another 310 involved other injuries. Motorcycle crashes often result in much greater injuries than car crashes so it is not surprising that there were 16 motorcycle accidents with a driver under the influence of drugs that resulted in nine fatalities in Arizona in 2011. This means well over 50 percent of all motorcycle collisions with a driver under the influence of drugs resulted in death where only 6 percent of all car crashes with the same conditions resulted in a fatality.

The numbers are shocking. A biker who crashes while under the influence of drugs is likely to kill himself or his passenger.

Continue reading "Biker Charged with Manslaughter and DUI in Crash that Killed Passenger" »

Earlier this week, Phoenix Police responded to an accident caused by a driver that is believed to have been under the influence of alcohol, according to ABC 15 news. The driver failed to yield a red light and caused a collision early Tuesday morning, killing one person and injuring himself and a pregnant woman.

The driver of a Mercury Sable ran a red light at the intersection of McDowell Road and 35th Avenue and hit a GMC truck, which caused the GMC to spin and hit a third vehicle, a Mercury Grand Marquis.

The Sable driver was not wearing his seatbelt and was seriously injured in the collision. He received treatment at an area hospital and his condition is not known at this time. The driver of the GMC was ejected from his vehicle and died as a result of his injuries. It appears the pregnant driver of the Grand Marquis sustained no life-threatening injuries but was transported to a local hospital for observation.

Phoenix has numerous collisions every year that are caused by a driver running a red light. Unfortunately these collisions often result in injuries and sometimes even death.

In 2008, there were 2,044 fatalities at intersections controlled by traffic lights in the United States. Of those fatalities, the National Highway Traffic Safety Administration believes that 762 were caused when a driver ran a red light. As was the case in the recent Arizona crash discussed above, many of those killed are people other than the at-fault driver. Passengers in the at-fault driver’s vehicle, drivers and passengers in other vehicles, and even pedestrians are at risk when someone runs a red light.

The use of red light cameras at Phoenix intersections has been controversial over the last few years. The cameras are designed to photograph or film cars that do not stop for a solid red light so that the driver of the vehicle can be issued a citation, thus enforcing the law and raising revenue through fine collection. However new research suggests that the presence of red light cameras at intersections might also reduce collisions caused by running a red light.

A new study shows that red light cameras at intersections encourage motorists to be more cautious than at intersections without the cameras, making drivers more likely to stop for a red light when a camera is involved. This in turn has led to a decline in the number of red light related intersection collisions in Virginia, according to the study conducted by the Insurance Institute for Highway Safety.

The study showed that the cameras had the most significant effect of curbing red light violations that occurred long after the light changed: approximately 1.5 seconds after the light changed to red and longer. These are the red light violations most likely to cause a collision because traffic in the other direction often has entered the intersection by this time.

Regardless of whether or not a traffic camera is used at an intersection, it is never a good idea to run a red light. Doing so is illegal and can earn you a traffic ticket and a fine as well as other civil penalties. More importantly, running red lights hurts hundreds of thousands of people every year and causes hundreds of deaths. When driving, slow down and stop for red lights to keep yourself and everyone else on the road safe.

Continue reading "Phoenix Drunk Driver Runs Red Light, Causes Fatal Collision" »

Current NFL Sunday Night Football play-by-play announcer Al Michaels was arrested for driving under the influence Saturday night in California. Michaels, famous for his announcement of the 1980 USA Olympic hockey win over the U.S.S.R., was taken to a Santa Monica City jail where he remained for approximately 5 hours before being released on his own recognizance.

Neither Michaels nor NBC made an immediate comment on the arrest and charges. Michaels is not scheduled for an initial court appearance until late June.

This story broke the same day as news that the bassist for the band 3 Doors Down caused a fatal collision while driving under the influence, highlighting some of the serious consequences of driving impaired.

Arizona suffers as a result of drunk driving collisions every day. Alcohol is a factor in more than 26 percent of all Arizona car crashes and alcohol-related crashes cost the state more than $431 million in 2001. Estimates indicate average alcohol-related fatality costs Arizona $3.3 million including $0.9 million in monetary costs and $2.4 million in quality of life losses.

Unfortunately impaired drivers are not just a hazard to themselves but also pose a significant threat to anyone on the road. Many drunk drivers are repeat offenders and have not been deterred by broad regulations and laws, prompting Arizona to create individualized and tailored punishments for these offenders. The most common alternative sentences for repeat offenders include impoundment of vehicles used to drive while drunk, breath-testing ignition interlocks designed to prevent a car from starting when a driver has a positive blood alcohol content, electronically monitored house arrest as opposed to incarceration, and intensive probation supervision with treatment for substance dependencies.

Though risks include fines and punishment, many Arizona drivers continue to drive impaired. Sober drivers can't control the condition of other drivers on the road but they can take steps to keep themselves safe. If you notice a driver that appears to be drunk, call the proper authorities immediately and report the behavior. It is always best to prevent a collision whenever possible and law enforcement officers are trained to handle drunk drivers. Be alert while you drive especially during times most associated with drunk driving: weekends, late nights, and holidays. Most importantly, never drive drunk and never let a friend or family member do so. Always designate a driver or take a taxi if you will be drinking.

Continue reading "NBC Sports Personality Al Michaels Arrested for DUI" »

A 59-year-old man was riding his bicycle along Pinal Avenue in Casa Grande when he became the victim of a hit-and-run accident. He was struck by a large SUV, according to local police. The SUV fled the scene leaving the injured bicyclist behind.

Police found what they believe to be pieces from both the bicycle and a Ford Expedition believed to have been involved scattered at the scene. Early evidence indicates the Expedition may have been manufactured between 2003 and 2006. The bicyclist had to be airlifted to Maricopa Hospital in Phoenix where it was reported he sustained internal injuries as well as a head injury. Fortunately it appeared that the bicyclist's injuries were not life threatening.

Early reports indicate that the bicyclist and the automobile were traveling in the same direction just north of the airport when the automobile struck the rider from behind.

A suspect was arrested by Casa Grande police but no charges have yet been filed.

Police are actively investigating the collision and are looking for any tips from local residents. If you have any information regarding this crash, please contact Officer Chuck Schmidlin at (520) 412-8700.

Continue reading "Driver Hits Bicyclist in Casa Grande, Arizona and Flees the Scene" »

The City of Phoenix has requested bids from vendors to run a downtown bike-share program, according to azcentral.com.

Bike-shares, which are popular in other major U.S. cities, allow residents and tourists to pay an hourly fee or a yearly subscription to rent bicycles from central stations. Phoenix plans to locate stations in well-traveled areas downtown, including near the light-rail stops. The City plans to use the revenues generated by rentals in combination with funds brought in by advertisements to fund the program.

It remains unclear if the city with expand the presence of the current bicycle lanes through downtown. What is clear is that a potential increase in bicycle traffic without addressing related safety concerns means a likely increase in bike accidents in Phoenix.

Arizona classifies areas commonly biked as “bike lanes” or “bike routes.” The Arizona Department of Transportation Bicycle & Pedestrian Program’s website defines a “bike lane” as “part of the road that is specifically striped, signed, and marked for bicycle use” while it defines a “bike route” as “a good road for bicyclists to use but has no striping or pavement markings for bicyclists.”

The law in Arizona allows bicyclists all the same rights as drivers of motor vehicles when riding upon public roads, but even with the right to ride, collisions with motor vehicle drivers still occur. According to the Centers for Disease Control and Prevention, more than 500,000 bicyclists are treated for injuries in emergency rooms every year. Many of those injuries are caused by the negligence of automobile drivers who share public roads with bicyclists. Bicyclists are particularly vulnerable to injuries in collisions because of the relative size, weight, and speed of passing cars when compared to the small size of bicycles.

Our office represents individuals who have been hurt in collisions. Drivers of automobiles routinely fail to yield to bicyclists, drive in a manner unsafe for bicyclists, and open car doors into the path of oncoming bicycle traffic, commonly referred to as “dooring.” These actions by drivers often result in severe injuries to Arizona bicycle riders.

If you are a bicycle rider, make sure you are aware of vehicles around you and always ride with safety in mind. Out of the 630 people in the United States that were killed while riding a bicycle in 2009, and 91% of those killed were not wearing helmets, which is why safety advocates recommend you always wear a helmet when you ride.

Continue reading "Downtown Phoenix Considering Bike-Share Program " »

Google glasses will soon be hitting the market place. Some of you might be asking, what is Google Glass? The short answer would be glasses that are essentially a headmounted computer that allows you to do many functions hands-free with voice commands. You can use internet, take photos and video, get directions, send a message, obtain weather and flight information, and even use a Google+ hang out. The product won't be cheap, around $1,500 and reportedly will be available as soon as the end of 2013.

That being said, even though the technology is not available yet, a politician in West Virginia has proposed legislation banning Google Glass while driving. A Republican named Gary Howell has proposed HB 3057 to make it against the law to use a "wearable computer with headmounted display" while operating a motor vehicle.

Howell has reportedly said that he likes the idea of Google Glass, but he also believes that the product will mainly be used by younger, less skilled drivers.He said that we are all aware of the many auto accidents caused by texting and driving, and that the legislator worked very hard to pass a no texting and driving law.

Google Glass YouTube Video

It has not been reported what, if any safety research the legislator looked at before proposing the law. A spokesperson from Google responded that they have put a lot of thought into the design of Google Glass and that the product has a tremendous potential to improve safety on the roads and reduce the number of accidents.

The glasses are supposed to have many features to increase safety, such as spoken turn by turn instructions. You will be able to verbally inform Glass where you want to go and the navigation will begin. You can keep your eyes on the road, you don't have to start looking at the navigation on your dashboard or on your cell phone. I personally use Google maps on my iPhone when navigating in my car. I can verbally request directions from the phone, but just like a dashboard unit, I do have to take my eyes off the road to look at the map. I also take my eyes off the road to pick up the phone.

As I sit here and write this article, I'm starting wonder if this West Virginia law, if passed, is going to end up allowing fatalities to occur that otherwise could have been prevented. Let's be realistic, texting and driving is against the law in many states, but a high percentage of teenagers admit that they still text and drive. And, texting laws are very hard to enforce. With the new Google technology, the teenager could send the text without taking his or her eyes off the road, thereby reducing accidents and fatalities.

I hope that before law like this is passed in West Virginia and other states, the politicians take a good and long hard look at the research. As a car accident lawyer who often represents people who have been injured by distracted drivers, I would hope at some point soon this product will be tested for the safety issues and try to determine what would make our roads safer.

Continue reading "Will Arizona and other states prematurely outlaw the use of Google Glass while driving?" »

The chances of being killed in a pedestrian collision has seen an increase over the last few years in the United States. The federal government is reporting that there was an increase of 4% in pedestrian deaths from 2009 to 2010.

The National Highway Traffic Safety Administration (NHTSA) has reported that 4,280 people on foot were killed by motor vehicles in 2010. On average a pedestrian was killed every two hours Surprisingly, the government reports that almost 80% of the fatalities in 2010 occurred outside of intersections. In my experience, most accidents I work with happen within the four corners of an intersection. This higher death rate statistic could be due to the fact that motor vehicles traveler higher speeds outside of intersections.

Almost 90% occurred in good weather conditions, almost 70% of the victims were males and 68% of the accidents occurred at night. Not surprisingly, alcohol was a factor in 47% of all fatal accidents either for the driver or for the pedestrian.

Here's another fact. Arizona made the top five states for fatal pedestrian collisions in 2010. The top four states were 1. California (599), 2. Florida (487), 3. Texas (345), 4. New York (303). In Arizona, according to ADOT, 155 pedestrians were killed in 2010.

There is definitely a pattern here. Four out of the five top are warm weather states. New York was the only exception, however they have a huge population and NYC is a dangerous place to be a pedestrian. The logical conclusion here would be that people spend more time walking around outside in warmer weather states, as compared to cold-weather states.

On the opposite end of the spectrum, the four states with the least pedestrian deaths were Wyoming (3), Vermont (4), Alaska (6) and North Dakota(7). All cold-weather states.

Like the Nation, Arizona has seen an increase in pedestrian deaths as of late. In 2009, 122 pedestrians were killed. That number increased to 155 and 154 in the years 2010 and 2011.

In 2011, there were a total of 1,507 pedestrian accidents, and in those accidents 1,253 were injured. Due to the fact that pedestrians are unprotected, injuries in these accidents can be severe. Victims often incur head trauma, fractures, and spinal cord injuries, to name a few.

As I said above, alcohol often plays a role in many of these collisions. However, so does driver inattentiveness. Motorists look to protect themselves first. They pay close attention to other cars and trucks on the roadway, but then they fail to keep a proper lookout for pedestrians and bicyclists.

Left turning vehicles have a history of striking pedestrians in crosswalks. A driver pulls out into an intersection on a green light waiting for traffic to clear and turn left. When there is an opening, they rapidly accelerate and fail to observe crossing pedestrians in the crosswalk.

Distracted drivers are also known for hitting pedestrians. Not too long ago, lawyers at our office worked on a case where a texting driver lost control of a vehicle, drove up onto a sidewalk and struck to pedestrians who were walking out of a convenience store.

Continue reading "Increase in pedestrian accident fatalities in Arizona and across the Nation" »

Earlier this month an intoxicated driver caused a terrible head-on collision on Interstate 17 at Dixileta Drive in Phoenix. An alleged drunk motorist who was driving the wrong way in a Jeep northbound in the southbound lanes of Interstate 17 collided with another SUV while going about 65 mph.

The mother and daughter unfortunately sustained life-threatening injuries, including severe head trauma to the mother who is had to undergo surgery.

The intoxicated driver was also injured, but not as bad as the occupants of the other car. He is reportedly being charged with suspicion of aggravated assault and criminal damage. Police believe the driver was impaired at the time of the crash, that according to a DPS spokesperson. Police say the driver also has a prior record for DUI. The accident was significant enough to close several lanes of the interstate for 2 hours for a police investigation.

Drunk driving accidents are an ongoing problem in the Valley of the Sun and across the United States. Most years over 30% of drivers killed in accidents who are ages 25 through 34 are intoxicated. In the year 2007, nationwide one in seven people killed in DUI accidents were under the age of 21, therefore not even old enough to consume alcohol legally.

Injuries caused by intoxicated drivers can be especially upsetting to victims. This in part is because the accident was caused by an intentional act. Someone consumed too much alcohol and intentionally operated a vehicle, putting everyone on the roadway in jeopardy.

Like other parts of the country, motorists continue to drive while intoxicated even though there is a widespread public safety campaign in Arizona intended to reduce the amount of drunk drivers. This message is being spread by radio and television spots, and public service announcements in various forms.

Further, Arizona's DUI laws are pretty tough. A first offense is a class I misdemeanor punishable by up to six months in jail and up to five years probation. A first-time extreme DUI offender (BAC of .15 or higher) has to serve a minimum 30 day jail sentence.

Even with this public relations campaign and Arizona's tough DUI laws, the problem continues. Every year in Arizona approximately 15,000 people are injured and 300 are killed due to the negligent acts of drunk drivers.

Even more upsetting is the fact that, like in this accident, often the victims sustain more serious injuries than the drunk driver. This is sometimes due to the fact that the drunk driver may be traveling at a high rate of speed, slamming into a slower moving or stopped vehicle.

Continue reading "Mother and daughter seriously injured by a drunk driver in Phoenix" »