Phoenix Injury Lawyer Blog

Phoenix injury lawyer Gary Annes has resolved a truck vs. pedestrian accident case for $95,000 for a plaintiff who was negligently struck by a truck as he walked in a marked crosswalk.

On June 18, 2009, the victim was walking in a quiet residential neighborhood in Chicago, Illinois when he began to cross a side street at the designated pedestrian crosswalk. When he was nearly across, a truck driver who was stopped at the intersection suddenly accelerated and struck the man with the front of his vehicle. The victim was hit in the right side of his body and thrown to the pavement, at which point he immediately complained of back, neck, and shoulder pain. He was then transported by ambulance to Swedish Covenant Hospital.

The driver pleaded guilty to the traffic tickets he received for failing to yield the right of way to a pedestrian in a crosswalk and failing to exercise due care to avoid colliding with a pedestrian. There was good visibility at the time of the accident, as there was sufficient light available and the street was straight and flat.

The x-rays taken at the hospital showed some loss of disc height in the lumbar spine and straightening of the lordotic curve of the cervical spine. The victim was diagnosed with lumbar and cervical strain, instructed to temporarily take off work, prescribed anti-inflammatory and pain medication, and instructed to seek follow up care. Unfortunately, the victim’s condition worsened over the next couple days when his back pain began to radiate into his right leg and cause discomfort.

A week later, the man began therapy for his neck and back pain, which was radiating down his entire right leg. The pain was particularly bad when he was sitting or doing everyday activities such as putting on his shoes and socks. A course of therapy was determined by the doctor and the man was treated over the next several months. Despite these treatments, however, he did not experience any significant relief of his injuries and was forced to seek further medical attention.

An MRI revealed that he had suffered herniated/bulging disks which were pressing against nerve roots. Due to the nature and extent of this injury, he was referred to a pain specialist and ordered to continue therapy. A pain specialist at Northwestern Memorial Hospital performed an epidural steroid injection on July 21, 2009, which only relieved his symptoms for a short time. The low back pain radiating into his right leg soon flared up again and required a visit to the Northwestern Memorial Hospital’s emergency department where another epidural injection was performed.

The injection improved his condition for a short period of time, but his therapy ended and the pain flared up once again. The pain was diagnosed as chronic and episodic in nature, and he was ordered to undergo another course of physical therapy and begin use of a home electro-muscle stimulation unit. Epidural steroid injections were also administered on 3 separate occasions during February and March of 2010, which improved his condition.

As a result of his injuries, the victim was unable to engage in the leisurely and every day activities for a period of time at a level he was accustomed to.

A lawsuit was filed in the case so the victim would be able to receive the maximum compensation for his injuries. After commencing with the discovery phase of the lawsuit, both sides agreed to participate in non-binding mediation where the lawyers at Abels & Annes were able to negotiate a $95,000 settlement with the defendant’s insurance carrier.

If you are a pedestrian in Arizona that has been hurt as a result of a collision with an automobile, contact us online or call (866) 99-ABELS for a free consultation. You may be entitled to compensation for your injuries, and there is no attorney's fee unless a recovery is made on your behalf.

In in an effort to reduce Arizona car crashes, Phoenix is contemplating installing more red-light cameras at intersections where car accidents have been a problem after a task force studying traffic in the city made the recommendation. According to the Arizona Republic, of the 12 intersections that have the cameras, only the one at 15th and Missouri avenues is ranked in the top five for car accidents.

The photo-enforcement manager for the Phoenix Police Department attributes this to the cameras, which he says saves lives by changing motorists’ driving behavior. Drivers are more hesitant to run red-lights, reducing the potential for accidents.

“In a perfect world, all the intersections would be monitored,” he said. “We’re currently evaluating more sites.”

He says the city looks at speed, the number and seriousness of accidents, and fatalities in determining where to place the cameras. The installations would come at no cost to the city as the company that provides the cameras is paid based on the citations issued.

A recent study conducted by the Insurance Institute for Highway Safety claims that red-light cameras in 14 large cities reduced the rate of red-light running accidents resulting in death by 24%, saving 159 lives in 2004-2008. In 2009, red-light running killed approximately 676 people, the majority of whom were not the drivers of the vehicle running the red-light.

The study claims that the cameras deter would-be violators from running through the intersections, and the effect can spill over to intersections where there are no cameras. It also allows police officers to use their time more efficiently, as patrolling intersection for red-light runners can be difficult and even dangerous.

While the study states that there is there is widespread report for the cameras, there are a growing number of opponents to the scheme who claim that the cameras are an invasion of privacy, a threat to due process, and can actually increase accidents.

The ACLU have voiced their concern that the cameras run by private companies can be used to gather data unrelated to traffic violations and made available to non-law enforcement parties. The organization cited a situation where cameras installed on the Texas-Oklahoma border were used to capture the license plate numbers of law-abiding citizens crossing the border so officials could question them as to why they crossed.

The ACLU also contends that individuals’ due process rights are being diluted by the system. A person may not receive notice of their violation for weeks or months after the incident, making it difficult to defend against erroneous citations. Also, the fact that a citizen may be ticketed for someone else violating the law in their car is unfair, and the requirement that they prove they were not driving at the time goes against our country’s presumption of innocent until proven guilty.

A 2005 Washington Post study of red-light cameras in Washington D.C. revealed that accidents had actually gone up at those intersections. The analysis revealed that crashed more than doubled at the intersections and T-bone collisions, which are especially dangerous, increased by 30 percent. The study then cites numerous studies leading to conclusions on both sides of the argument.

Phoenix injury attorneys implore motorists to drive cautiously regardless of the presence of red-light cameras. Running a red-light can result in very serious injuries to yourself and others, as well as subject you to civil liability.

Continue reading " Phoenix looks to install additional red-light cameras to reduce accidents at problem intersections " »