Phoenix Injury Lawyer Blog

As the U.S. Department of Transportation announces its second annual National Distracted Driving Summit, set for Washington in September, it could be just a matter of time before the feds move to combat distracted driving accidents by withholding federal highway dollars from states that fail to enact text messaging bans.

As our Phoenix car accident lawyers reported recently on our Phoenix Injury Lawyer Blog, Arizona is one of just a handful of states that have done little to combat distracted driving accidents caused by drivers using cell phones and/or text messaging. Only school bus drivers are regulated in Arizona.

-Eight states ban the use of hand-held cell phones altogether.

-28 states forbid new drivers from using cell phones while behind the wheel.

-30 state prohibit drivers from text messaging -- 11 of those states have enacted laws this year.

Last year's distracted driving summit culminated with an announcement by President Obama that all 4 million government employees would be forbidden from text messaging while driving federal vehicles. Since then, the government has launched an all-out assault, debuting sample legislation it would like states to use when adopting laws, launching a distracted driving website, and making other efforts aimed at reducing the risk of distracted driving.

“Working together, we can put an end to the thousands of needless deaths and injuries caused by distracted driving each year,” said Secretary LaHood. “By getting the best minds together, I believe we can figure out how to get people to put down their phones and pay attention to the road.”

In dealing with past nationwide traffic safety issues -- including drunk driving, speeding and seat belt use -- the government has used the carrot-and-stick approach. First it asks nicely, then it threatens to keep a state's highway dollars.

True, Arizona had planned to spend $1.25 million to build bridges for endangered squirrels using federal highway dollars. The project was expected to save the lives of five squirrels a year, though the Arizona Department of Transportation ultimately canceled the project, according to the Eastern Arizona Courier.

But make no mistake: federal highway dollars are used on everything from potholes to sobriety checkpoints. Such a move would definitely grab the state's attention.

Continue reading " Feds to increase pressure on states, including Arizona, to reduce distracted driving car accidents " »

The authorities who confused the identities of two teens involved in a Phoenix car accident will never be able to right the injustice done to the families.

News 9 reports the girl and four of her friends had gone to Disneyland last weekend and were driving back to Phoenix when a tire blew and their vehicle rolled over. The family was told she was seriously injured but did survive the crash.

The Arizona Republic reported that the girl's family stayed by her bedside for six days, while the family of a close friend planned a funeral for their daughter who was killed in the accident. But authorities had mixed up the identities of the girls. Officials from the Arizona Department of Public Safety admitted they had made the most horrific mistake imaginable.

One family got word that the funeral was off -- their daughter was alive and recovering at the hospital. The family at that teen's bedside was given the news that their daughter had died a week ago.

Officials are passing the blame back and forth among themselves. DPS reports that its officials struggled to identify the woman who died and requested an additional examination of the body be conducted by the Maricopa County Medical Examiner's Office. That did not occur for another five days. Officials at the hospital said they never checked fingerprints or dental records.

During the confusion, a 20-year-old passenger died as a result of his injuries and family and friends of the survivors have attended his funeral.

Not one of the officials responsible has been in touch with the grieving families, the Arizona Republic reported, even as the case has made news around the world.

"All I want is answers right now," the girl's father said. An aunt agreed.

"We would like someone to look into this situation and find out how it happened and make sure this never happens again to anyone," she said.

A Phoenix, Arizona bicycle accident is making news as far away as the United Kingdom, after an Olympic gold medalist was injured after being rear-ended on his bicycle, the London Daily Mirror reported.

James Cracknell, 38, was thrown from his bike after being hit from behind by a truck at about 5:30 a.m. Tuesday. The Mirror reported that he was wearing a helmet and was making good progress, despite a gash to the back of his head and bruising on the brain.

Cracknell won a gold metal for Britain in 2000 and 2004 and was filming a TV serious called Cracknell's Race Across America for the Discovery Channel. He was trying to break an endurance record by traveling from New York to Los Angeles by running, cycling, rowing in swimming, in just 16 days.

The Sun, (also a U.K. newspaper) said the accident occurred on a quiet road in Winslow, Arizona.

"James was taken to hospital where is being treated for a head injury." the Discovery Channel said in a statement. "He is conscious and his condition is stable; doctors have said he is making good progress. His wife and family are at his side as he continues to recover."

When it comes to distracted driving laws, Arizona remains part of the last frontier. But leave the state on a summer vacation and you may find yourself sitting on the side of the road awaiting a traffic citation for using a cell phone while behind the wheel.

Advocates contend the number of Phoenix car accidents, and the number of traffic accidents elsewhere in Arizona, would decline if text messaging and/or cell phone use were outlawed while driving. The state senate passed such a measure last month, though for now Arizona remains one of a declining number of states that do little to regulate cell phone use by drivers.

Our Phoenix injury lawyers continue to report on the high number of accidents caused by distracted driving. The National Highway Traffic Safety Administration reports that more than 6,000 people a year are killed and 500,000 injured in distracted driving accidents.

Only school bus drivers in Arizona are forbidden from using cell phones while driving. The Governors Highway Safety Association reports that Arizona joins Florida, Hawaii, Idaho, Montana, Nevada, North Dakota, Ohio, South Carolina and South Dakota as states without laws aimed at preventing drivers from text messaging or using hand-held phones while behind the wheel.

MSNBC reports the patchwork of laws can create havoc for summer road trips. “Drivers are still responsible for knowing the cell phone laws that apply in each state," said AAA spokeswoman Nancy White.

Fines range from $20 to $150 for a first offense and could put a real ding in your summer travel budget.

Eight state ban all use of hand-held cell phones altogehter: California, Connecticut, Delaware, Maryland, New Jersey, New York, Oregon and Washington.

-Twenty-eight states prohibit new drivers and teenagers from using cell phones.

-Thirty states now ban drivers from text messaging.

Some state permit cities to enact their own legislation, so the laws can vary even within a state. For example, Illinois forbids drivers from text messaging, which the City of Chicago has outlawed all hand-held cell phone use by drivers. Other states, like Florida, have prevented cities from enacting their own legislation.

Continue reading " Fewer Phoenix car accidents could result from proposed texting ban; traveling motorists face various restrictions " »

Arizona motorists no longer have to worry about getting a ticket via one of the state's radar cameras, after the program nabbed its last speeder on Thursday, the Yuma Sun reported. As we previously reported on our Phoenix Injury Lawyer Blog, the state has chosen to eliminate the cameras even as proponents warn of an increase in Phoenix car accidents and traffic accidents elsewhere in Arizona.

The company that operated the cameras contends that more speeders will lead to more accidents. A study of a photo-enforced stretch of Loop 101 in Scottsdale found that speeding dropped significantly after installation of the cameras. "We know from past experiences, and what we have learned, is when government agencies have opted to deactivate road safety camera systems, that speeds will spike to dangerous levels," said Shoba Vaitheeswaran, spokeswoman for Redflex Traffic Systems, which had operated the system.

Speeds fell by an average of 9 mph after the cameras were installed on Loop 101 in 2007, according to a report from the Arizona Department of Transportation. Total crashes declined by more than half, while injury crashes fell by 48 percent. When the cameras were shut down -- a move that was publicly announced -- ten times more motorists drove at least 11 mph over the limit.

Gov. Jan Brewer ordered the Department of Public Safety not to renew the two-year contract with the company, which expired at the end of last week. The program had 36 permanent monitoring locations and 40 mobile vans. While advocates for ending the program cited privacy concerns, the media has reported that many motorists simply ignored tickets that came in the mail, which drastically reduced the amount of revenue the state had anticipated collecting from the program.

Only about one-third (432,376) of the 1.2 million violations mailed to motorists were actually paid.

While the state has canceled its program, the move does not impact camera programs operated by cities or counties. An increasing number of municipalities are relying upon the cameras to generate revenue and reduce the number of traffic infractions, especially red-light runners at intersections.

Continue reading " State camera program ends as safety advocates warn of increase in Phoenix car accidents caused by speeding " »

A man has been arrested in connection with an Arizona hit and run accident that killed a bike rider in Tempe last week, according to azfamily.com. A 22 year old man from Mesa was arrested on Saturday and charged with leaving the scene of a fatal accident, which is a felony charge. Police are also saying he has admitted being involved.

The arrest stems from a bicycle accident that occurred last Saturday night at Southern Ave. and Rural Road. The 32 year old victim was driving a motorized bike eastbound when the defendant turned his car left into the victim, causing a T-bone accident. The defendant then fled the scene of the accident. Video shows the bicycle rider was legally riding in traffic at the time of the crash.

Several people in other vehicles called police and stayed at the scene to try to help the bike rider. The victim was rushed to an area hospital where he later died.

Click here to read the entire story as reported by azcentral.com.

A Phoenix car accident that led to a police chase in which two news crews were killed has resulted in a 26-year-old man pleading guilty to 35 criminal charges, the Arizona Republic reported.

The news crews died after their helicopters collided in midair at Central Avenue and Indian School Road, killing all four men aboard both choppers. Following his arrest in 2007, the defendant told police he had no memory of stealing two trucks, causing an accident after ramming a police cruiser, or leading police on a high-speed chase through Central Phoenix.

He was not charged in the deaths of the television crews but faced decades behind bars on numerous charges, including aggravated assault, criminal damage and auto theft. The case had been scheduled to go to trial but his defense attorney said the defendant decided to plead out when it became apparent that the state was not going to offer any plea deals.

AZ Family reports other charges included unlawful flight, leaving the scene of an accident, endangerment, criminal trespass and criminal damage. He faces up to 467 years in prison. Sentencing has been scheduled for Sept. 10.

KTAR reported police were chasing the defendant, who was driving a work truck, through downtown Phoenix when the helicopters collided above Steele Indian School Park.

The defendant was arrested hours later after barricading himself inside his home in west Phoenix.

A man who tried to trade his vehicle in during the government's "Cash for Clunkers" program to hide evidence of its involvement in a fatal Phoenix bicycle accident has pleaded guilty to multiple charges.

The Associated Press reports the defendant pleaded guilty to manslaughter, leaving the scene of an accident and tampering with evidence. The charges stem from an Aug. 8 crash, which claimed the life of a 52-year-old cyclist who was riding with lights and reflectors.

The Phoenix New Times reported the 23-year-old defendant was driving a 1992 BMW when he struck the cyclist shortly after midnight on a Saturday night. The accident happened at the corner of Cave Creek Road and Mountain Gage Pass Road. The cyclist was killed and the defendant left the scene of the accident.

Police said a fog light from a silver 1992 BMW was found at the scene and investigators determined the car must have sustained significant damage to the passenger side. The defendant attempted to trade the car in the next morning to take advantage of the government's Cash for Clunkers program; he told personnel at the dealership he had struck a javelina.

The dealership contacted police and the defendant was booked into the Maricopa County Jail and charged with leaving the scene of a fatal accident and tampering with evidence.

The Arizona Department of Transportation reports nearly 2,000 Arizona bicycle accidents occurred in 2008, injuring 1,682 riders and claiming 19 lives.

A Phoenix car accident resulted in a woman being run over after climbing out of her vehicle to check for damage, ABC15 reported.

Accident victims who are injured while outside their vehicle is not uncommon. Circumstances of such accidents are motorists, pedestrians or bystanders who are injured while standing at the scene of an earlier accident and motorists who are injured while changing a flat tire or standing next to a disabled vehicle.

Police report the woman was struck on Wednesday while getting out of her vehicle to check for damage after an accident at 19th Avenue and Osborn Road. That accident occurred when one vehicle t-boned another and was struck by a third vehicle.

The woman was reportedly run down by a passing motorist. Several witnesses helped lift the vehicle off her and she was transported to the hospital in critical condition.

The Arizona Department of Transportation reports that nearly 120,000 traffic accidents occurred in 2008, killing 842 motorists and injuring more than 37,000. The vast majority of accidents occurred in urban areas like Phoenix.

Urban crashes leave motorists at risk of a secondary accident as traffic continues to pass the scene while emergency personnel respond. Frequently, impatient or irritated motorists can act recklessly, which increases the risk of a second traffic accident and can put accident victims at increased risk.

A teenager was killed in a Phoenix pedestrian accident by a distracted driver who was tending to his children in the back seat, the Arizona Republic reported.

The driver reportedly veered off the road and struck them Saturday night as the two boys, ages 15 and 18, were walking on a sidewalk near Roosevelt Street and 32nd Avenue at about 8:30 p.m.

Police report that the driver of the 2006 Chevy Colorado was not impaired but was momentarily distracted by his children, who were riding in the back seat. The driver veered to the right and struck both boys on the sidewalk.

The 15-year-old sustained minor injuries. But the older boy had to be extracted from beneath the vehicle. He was transported to a local hospital, where he later died from his injuries.

The federal government's distracted driving website reports that more than 6,000 people are killed and 500,000 are injured each year in accidents caused by distracted driving. While safety advocates focus primarily on the dangers of using a cell phone or text messaging while driving, other forms of distracted driving include:

-Talking to passengers or tending to children.
-Dealing with pets in the car.
-Eating, drinking or smoking.
-Dressing, grooming or applying makeup.
-Reading, including maps.
-Using in-car electronics, including stereos, Mp3 players and GPS devices.

Continue reading " Distracted driving reportedly to blame for Phoenix pedestrian accident that kills teen " »

A Phoenix pedestrian accident claimed the life of a young teenager Friday night, ABC15 reported.

The teen was killed while crossing Phoenix Street near 72nd Avenue and Indian School Road about 10:45 p.m. An officer was driving by the scene just before the accident happened and made a U-turn in response to the crash.

A witness reported that the officer had shined a spotlight on two people jaywalking just before the accident, possibly blinding the driver who struck them. A police spokesperson said the officer did not shine a light on the two victims until after the crash occurred. Police say the driver did not claim to be blinded and statements by both the driver and the surviving victim confirm the police version of events.

Police say the driver of the vehicle stopped and was cooperative with officers. Neither drugs nor alcohol are suspected to be a factor in the crash. No information about the second victim's condition was made available.

Drivers in Arizona are required by law to use due care to not hit pedestrians in the roadway.

Click here to read the story as reported by AZ Family.

Drunk driving may have been responsible for a fatal Phoenix truck accident that killed a 28-year-old man over the Fourth of July weekend, the Arizona Republic reported.

The driver of the truck was killed when his Nissan Titan pickup slammed head-on into a tree, according to police. The man and a 14-year-old passenger were speeding westbound on Southern Avenue near 34th Place when the driver lost control shortly before 2 p.m. Saturday. The teenager was transported to the hospital, where he was listed in stable condition on Sunday.

Nine teenagers a day die in car accidents, according to the Centers for Disease Control and Prevention.

We continue to report the high risk of serious and fatal Phoenix car accidents faced by teen drivers during the summer months. Our Phoenix Injury Lawyer Blog recently reported the death of three motorists in a car full of teenagers; authorities believe the accident may have been caused by street racing.

The Arizona Department of Transportation reports a total of 119,588 crashes killed 842 motorists and injured more than 37,000 people in 2008. Drivers under the ages of 24 accounted for 114 fatalities and more than 9,000 injuries.

In all, motorists under the age of 20 accounted for 114 fatalities and more than 11,000 injuries. Those statistics mean that nearly one-third of all injury accidents in Arizona involved someone under the age of 20.

The USA Today recently reported that teenagers face the highest risk during the summer months. Not surprisingly, less parental supervision, more free time, more night driving, more driving with friends and fewer curfew restrictions were identified as leading causes.

"Driving with your buddies to find a party at 10 p.m. is very different from driving to school at 7 a.m. on a weekday," said Justin McNaull, state relations director for AAA. "There's a very different environment both outside and inside the vehicle."

Over the course of the year, 10 p.m. to midnight on Fridays and Saturdays are the deadliest times for teens on the road. But that is a distinction that blurs during the summer, when every day is a weekend day.

The National Safety Council is offering a free download of its Family Guide to Teen Driving Safety.

AAA has issued its 10 Teen Driving Mistakes and How to Avoid Them:

Risk Taking: Don't let risky behavior impact the rest of your life or the life of someone else on the road. Accidents don't just affect you, they affect passengers, other drivers, pedestrians, bicyclists, children and families.

Unbuckled Belts: Wear your seat belt and insist that all passengers wear their seat belts.

Speeding: Don't speed and don't drive faster than conditions permit. Speeding is a leading cause of teen car accidents -- one-third of teen fatalities involve speeding.

Rowdy Passengers: Young drivers riding with a passenger increase their risk of a car accident by 50 percent. Riding with two or more passengers, the risk of an accident increases fivefold.

Cellphones: Don't use a cell phone or text message while driving. Studies show that teens are at the highest risk of a distracted driving car accident.

CD Players: Adjusting the radio is the most common distraction for drivers ages 16 to 20.

Nighttime Driving: Crash rates for teen drivers from 9 p.m. to 6 a.m. are twice as high as they are during the day.

Drinking and Driving: One-sixth of 16- and 17-year-olds killed in crashes were legally intoxicated.

Peer Pressure: Make good decisions about when and with whom you choose to ride. Don't ride with a driver you don't trust and never ride with an impaired driver or in an unsafe vehicle. Never ride in a vehicle with more passengers than it can safety accommodate.

Overconfidence: Inexperience and overconfidence frequently lead to crashes when new drivers encounter unexpected or unfamiliar situations.

Continue reading " Teen drivers at high risk for Phoenix car accidents during long summer break " »

The Phoenix injury lawyers at Abels & Annes wish you a safe and enjoyable Fourth of July weekend and encourage you to celebrate responsibly, avoid drinking and driving, and leave the fireworks to the professionals.

Drink Responsibly and Don't Drink and Drive

Phoenix car accidents caused by drunk driving are also a concern over the Fourth of July holiday.

Nationwide, someone dies every 45 minutes in a car accident involving a drunk driver. In Arizona, alcohol was involved in 329 of the 937 traffic fatalities reported in 2008, according to the National Highway Traffic Safety Administration.

Safe Boating

Arizona boating accidents are a frequent cause of summer injuries. As we reported on our Phoenix Injury Lawyer Blog, Arizona ranks 7th in the nation for the number of serious and fatal boating accidents. Only Michigan, which is home to three of the Great Lakes, and the coastal states of Florida, California, Texas, New York and Maryland record more serious and fatal boating accidents. The Coast Guard reported 158 serious or fatal boating accidents in Arizona in 2008.

Firework Injuries

More than two-thirds of fireworks injuries occur around the Fourth of July holiday. Each year, approximately 10,000 people are treated in hospital emergency rooms for injuries caused by fireworks, according to the Centers for Disease Control and Prevention.

Children are at high risk, with nearly half of all fireworks injuries involving victims under the age of 20 -- one-third involve children under the age of 15.The most common injuries reported involve the hands, eyes, and the head, face and ears. Burns, contusions, lacerations and foreign objects in the eyes are the most frequently reported reasons for emergency room visits.

Fireworks injuries can lead to blindness, third-degree burns and permanent scaring. Common causes of injuries are improper use of professional-grade fireworks, being too close to fireworks, operator error, child curiosity and the use of homemade devices.

Continue reading " Phoenix injury lawyers wish everyone a safe and enjoyable Fourth of July weekend " »

A 12-year-old girl was seriously injured in an Avondale, Arizona bicycle accident a week ago Wednesday afternoon after she was struck by a car while crossing the street, AZ Family reported.

Police are asking the driver of a delivery van to contact them to be interviewed about the accident. They believe the driver may have witnessed the crash. The Avondale Police Department reports that the girl was crossing Central Avenue eastbound at Madden Avenue while riding her bike. The vehicle in the curb lane stopped as she entered the roadway. But a Nissan Sentra struck the girl while heading southbound on Central in the inside lane.

The girl was rushed to the hospital in critical condition after suffering a head injury. Police report the girl was alert on Thursday and that her condition had been upgraded to stable. The driver of the Nissan remained on the scene. The investigation continues and there is no word yet on whether charges will be filed.

Police are asking the driver of a white box-type delivery van, similar to a FedEx delivery truck, to contact them at 623-333-7001 to be interviewed as a witness.

The National Highway Traffic Safety Administration reports that 716 people were killed and 52,000 were injured in bicycle accidents in 2008. Arizona bicycle accident killed 19 riders.

Bicycle safety tips for kids:

-Wear a properly fitted bicycle helmet.

-Adjust a child's bike for a proper fit.

-Check bike for maintenance issues, includes tires and brakes, before riding.

-See and Be Seen: Wear brightly colored clothing. Reflective tape or flashing lights are also a good idea. Make eye contact with a driver before proceeding.

-Control you bike and always ride with at least one hand on the handlebars.

-Watch for and avoid road hazards, including potholes, glass, gravel, puddles, leaves and dogs.

-Avoid night riding.

-Ride with traffic flow.

-Obey all traffic laws.

-Yield to traffic.

-Be predictable.

-Stay alert at all times.

-Look before turning.

Watch for parked cars.