Phoenix Injury Lawyer Blog

There is a new study that looks at the impact of distractions on pedestrian accidents in Phoenix and elsewhere over the last decade.

The vast majority of these accidents were the fault of drivers -- distracted or otherwise. Distracted pedestrians accounted for only 120 of the 48,000 pedestrian fatalities from 2000 to 2009, according to Transportation For America.

Overall, the number of fatal pedestrian accidents has roughly tripped in the last six years. Distracted driving car accidents took the lives of roughly 3,100 people in 2010. Distracted pedestrian accidents took the lives of about 120 people in the studied 8-year time period.

Our Phoenix pedestrian accident lawyers understand the truth of the matter is that these kinds of accidents are most oftentimes the fault of the drivers that are involved. Distracted pedestrians contributed to less than 1 percent of the recorded fatalities from 2000 to 2009.
We understand that it's never a good idea to travel, whether by foot or by vehicle, while engaging in distractions. To help to steer clear of dangerous drivers, pedestrians are asked to place their full attention on the roadway and on passing traffic.

What is most likely the top contributor to fatal pedestrian accidents is motorists not paying attention. Some also believe that the condition of our roadways is also a factor. You're most likely to die in an accident while walking along a state highway, busy arterial street or other type of busy roadway that's eligible to receive federal money for safety measures. The lack of sidewalks and safe crossings is arguably one cause for fatal pedestrian accidents in Arizona and elsewhere.

To help to reduce the risks of pedestrian accidents, the Arizona Department of Transportation shares its "Sharing The Road With Pedestrians Pamphlet" for drivers and pedestrians to review.

Tips for Drivers to Better Protect Pedestrians:

-Slow down when you see pedestrians.

-Slow down where pedestrians are likely to travel.

-Curb distractions and place all of your attention onto the roadway.

-Obey the signals at a pedestrian hybrid beacon.

-Always use your turn signals so that pedestrians know where your vehicle is going to go.

-Use the horn only when necessary.

-Be extra cautious nearly child pedestrians and in school zones and residential neighborhoods.

-Reduce your speed when approaching a stop sign, a traffic light, a crosswalk or a roundabout.

-Always yield to pedestrians in a crosswalk. Pedestrians have the right-of-way in these areas.

-Be on the lookout for pedestrians when driving in parking lots.

-Remember that a 3,000 vehicle can do a lot of damage to properly and to a pedestrian, even when traveling at 5 miles per hour.

Continue reading " Pedestrian Accidents in Phoenix Likely Fault of Drivers " »

The University of Colorado Denver recently released a study that concluded that most elderly residents agreed that the driving abilities of seniors should be retested periodically. These retests would be to help reduce the risks of car accidents in Phoenix and elsewhere. Most everyone who was surveyed said that they would willingly hand over their car keys if either a doctor or a loved one said that they were not longer to safely drive.

“This is where the advance driving directive could come in,” said Emmy Betz, of the University of Colorado. “We would have something in writing that says when the time comes who do you trust to make the decision that you can no longer safely drive?”

Our Phoenix car accident attorneys know the risks that seniors face behind the wheel. With age, unfortunately our senses and abilities deteriorate. It's important for friends and family members to keep an eye on the senses and abilities of our elderly ones to make sure they're not at any risks on our roadways. According to the Centers for Disease Control and Prevention (CDC), there nearly 6,000 older adults who were killed in traffic accidents in 2008. In addition, there were nearly 200,000 who were injured. With the proper interventions from friends and family members and potential license retesting, we can help to significantly reduce the risks of car accidents on roadways everywhere.

In the latest study released by the University, researchers surveyed more than 120 elderly individuals.

The results revealed:

-More than 70 percent of elderly drivers say they're in favor of mandatory driver's license retesting based on a driver's age.

-About 68 percent said they thought it was Ok for a member of their family to decide when their driver's license should be taken away.

-Roughly 53 percent said they thought it was Ok for a doctor to decide when their driver's license should be taken away.

-Nearly 30 percent said that they thought it was Ok for the DMV to determine when their driver's license should be taken away.

Many things can go wrong when you're an elderly driver. The senses fade with age. Sight, hearing, reactions, flexibility, etc. deteriorate as you grow older. It's nothing to be ashamed of. There are also varying outside factors that contribute to the dangers that elderly drivers face. Many elderly drivers are on medications that hinder their ability to operate a motor vehicle. As a matter of fact, the study concluded that the average number of medications taken by one elderly driver was seven.

All factors of aging are a part of life and are in fact unavoidable. But car accidents in Phoenix are avoidable. Families are urged to keep an eye on their elderly loved ones to help ensure they're not putting themselves and others at risks for a potentially fatal accident. Your care and concern could help to save lives on our roadways.

Continue reading " When Elderly Drivers Should Give Up Driving to Reduce Risks of Car Accidents in Phoenix " »

A new website, "Car Seat Safety for Kids," recently went live and replaced the "Keeping Kids Safe During Crashes" site. This website is hosted by the Kohl’s Injury Prevention Program and the Center for Injury Research and Prevention (CIRP) and helps parents to reduce the risks of injury to children in Phoenix and elsewhere. This website serves as a one-stop shop for information regarding child passenger safety (CPS). Through this website, new videos are offered to help parents stay up-to-date with the latest child car seat recommendations from the American Academy of Pediatrics (AAP).

“This site brings together research expertise and practical experience,” says Suzanne Hill, director of Advocacy and Outreach at CIRP.

Our Phoenix car accident lawyers understand that this website is a beneficial tool in helping current parents and expectant parents prepare and better protect child passengers. Car accidents are the leading cause of death for children age 3- to 14-years-old. Statistics reveal that nearly 9,000 lives were saved because of child restraints from 1975 to 2008. As we stated before, there were nearly 37,500 people killed in traffic accidents in the U.S. in 2008. Of these fatalities, children under the age of 14 accounted for nearly 5 percent. It's it our responsibility as safe drivers, parents and guardians to ensure that our young passengers are properly buckled up during every car ride.

In 2008 in Arizona, there were nearly 35 children under the age of 14 who were killed in car crashes.

For every child who dies in a motor-vehicle accident, another 400 children are treated for injuries. Using the proper safety seat can help to reduce these alarming risks.

Car Seat Recommendations from the National Highway Traffic Safety Administration (NHTSA):

-Children under the age of 1: These young passengers should always ride in a rear-facing car seat.

-Children ages 1- to 3-years-old: Children should remain in a rear-racing car seat for as long as possible. When they reach the rear-facing seat's height and weight requirement, it's time to graduate them to a front-facing car seat with a harness.

-Children ages 4- to 7- years-old: These children should ride in a forward-facing car seat for as long as they can (until they reach the seat's height and weight requirements). When they exceed the seat's requirements, it's time to put them in a booster seat.

-Children ages 8- to 12-years-old: These children should remain in a booster seat for as long as possible. When they outgrow their booster seat, it's time to let them ride like a grownup. When placing them in an adult seat with a seat belt, make sure that the seat belt lies snugly across their upper thighs and that the shoulder portion lies snug across the shoulder and chest area, not the neck.

It's important to keep children in the back seat for as long as possible. Children are safer in the back seat away from the air bag. Their little bodies can't sustain impact from the airbags like adult bodies can.

Parents are urged to visit the new "Car Seat Safety for Kids" website and to stay well-informed of the latest child seat safety news and technology. Education is the best way to help reduce the risks of injury in the event of an accident for your young riders.

Continue reading " New Website Helping Parents to Protect Children in Car Accidents in Phoenix, Nation " »

According to a recent study from the AAA Foundation for Traffic Safety, Americans desire safer roadways and they support government actions to get it. Still, a majority of drivers continue to engage in dangerous driving behavior and increase risks for car accidents in Phoenix and elsewhere.

The U.S. Department of Transportation reports that there were nearly 32,900 people who were killed in car accidents nationwide in 2010. Although this is the lowest number of traffic fatalities recorded in the last 60 years, the number is still alarmingly high.

Our Phoenix car accident lawyers understand that car accidents are still the number one cause of death among residents 4- to 34-years-old. Although drivers recognize the need for safer driving habits, many of them are not willing to make the change themselves. That's why we're asking for everyone to join forces and to raise awareness about roadway safety. Safer roadways start with you and by exercising safe driving habits, we can all work together to make 2012 the safest year ever!

“Take the first step and make a personal goal to be a safe driver in 2012,” said AAA's Predicent a CEO, Peter Kissinger.

Someone dies in a car accident every 16 minutes in the U.S. Until this number reaches zero, we as Americans and as responsible drivers have much work to do.

According to the AAA Study:

-More than 85 percent of drivers said that it was completely irresponsible to drive without buckling up, but about a quarter of drivers said that they don't wear a seat belt while driving.

-A majority of drivers said that is was unacceptably dangerous to drive more than 10 mph over the posted speed limit in neighborhoods, yet plenty admitted doing it.

-Approximately 95 percent of drivers reported that they believe that drinking and driving endangers everyone on the roadways. Even with near unanimous opposition, about 15 percent admitted to doing it at least once in the last 30 days.

-Almost all of the surveyed drivers stated that they thought it was irresponsible, dangerous and unacceptable for a driver to run through a red light, but more than 35 percent said that they've done it at least once in the last month.

-A majority of drivers stated that talking on a cell phone behind the wheel is a dangerous habit, but about one in every three drivers said that they do it regularly.

-Nearly all surveyed drivers said that texting while driving is a big no-no, but a third said that they take part in the behavior often.

Researchers see this "do as I say, not as I do" attitude increases the risks-- drivers feel that everyone should do what is safe and what is right behind the wheel, but feel that they shouldn't be held to these same standards. Drivers throughout the state of Arizona and throughout the country are asked to put their best foot forward in making our roadways safer in 2012. Make safe driving habits a top priority this year and for years to come!

Continue reading " Drivers Ignoring Roadway Dangers, Increasing Risks of Car Accidents in Phoenix, Nation " »

It's been proven in a number of studies, engaging in distractions while driving, biking and walking increases the risks for an accident in Arizona, according to the Arizona Department of Transportation (ADOT). Distractions can come in a number of forms, including talking on a cell phone, text messaging, catering to children, drinking, eating and applying makeup. The bottom line is that distractions are dangerous and drivers should be concentrating on the road while operating a motor vehicle.

Everyone also knows about the dangers of driving while intoxicated, but many underestimate the dangers of driving while drowsy. Some common prescription drugs and even over-the-counter drugs can cause drowsiness. Drivers that take these drugs are more likely to have slower reaction times behind the wheel.

Our Phoenix car accident lawyers understand that the distractions don't end there. Pets can also cause drivers to take their attention off of the roadway. Paper maps, GPS devices and hand-held electronic devices are dangerous to use while driving, too. We're not solely pointing the finger at drivers either. Pedestrians can also be distracted while walking along our roadways while listening to headphones, talking with other fellow pedestrians and playing with electronic devices. Engaging in any of these distractions can greatly increase someone's risk for a potentially fatal accident.

According to recent studies, a driver who is distracted by the use of a cell phone is nearly five times more likely to get into an accident. Some studies even conclude that distracted drivers have the same reaction time as drivers who are legally drunk.

Ordinances regarding these behaviors vary between the state's jurisdictions. Motorists need to be careful of what the rules are in different areas. More municipal agencies offer this type of information on their website. The penalties for being busted for engaging in prohibited distractions are relatively minor, but the risks and consequences for an accident resulting from this behavior are not.

In Arizona, only school bus drivers are prohibited from using a cell phone behind the wheel. All other drivers are free to talk on the phone and text message behind the wheel, according to the Governors Highway Safety Association.

Distraction-Related Safety Tips from the U.S. Department of Transportation:

-Turn off the cell phone before getting into the vehicle.

-Talk with friends and family members about the importance of keeping your eyes on the road.

-Pull over into a safe area before making or answering a phone call.

-Ask passengers to make and answer phone calls for you if need be.

-Don't text and drive. It not only takes your mind away from driving, it also takes your eyes off the road and your hands from the wheel.

-Know the distraction-related laws in the areas you are driving in.

-Know where you're going before you venture out to reduce the need for road maps and GPS devices while driving.

-Make sure that all children and pets are properly restrained before starting the vehicle.

Continue reading " Drivers Distractions Increasing Risks of Car Accidents in Arizona " »

According to the Arizona Department of Transportation (ADOT), bicycle and pedestrian safety in school zones should be a top priority of all travelers. Local, state and federal officials oftentimes encourage biking and walking to school for a healthy lifestyle, but the safety of these young ones is oftentimes overlooked. Our state has continuously been a leader in providing safe school areas for our young students to help reduce the risks of bicycle and pedestrian accidents in Arizona. Now we're turning the attention towards motorists because without cooperation from these individuals, the safety net that school zones are supposed to provide means nothing.

Arizona established low speeds in school zones different than any other state in the country. The system that we use was established back in 1950. Our state pushes a uniform application of a 15 miles per hour speed limit in all school zones from kindergarten through eighth grade. There's a problem though! These speed limits can't just be used at crosswalks that are policed by either stop signs or traffic signals. Under the current law, only portable signs and crosswalk markings can be used to enact a 15 mph speed limit. So to get this speed limit, employees set up and remove these devices to get passing traffic to slow down. Normal traffic flow is resumed during non-school hours and when signs are removed.

Our Phoenix bicycle accident lawyers understand that each school zone with a 15 mph speed limit is marked with a fluorescent yellow-green pentagon-shaped warning sign. After this permanent sign is where the portable signs are placed that read, "“NO PASSING, 15 MPH, FINES DOUBLED, SCHOOL IN SESSION.” These portable signs are located from 75 to about 300 feet before the fluorescent sign. The portable signs are posted where the reduced speed limit begins. Drivers are asked to be extremely cautious in these areas. The portable signs are brought out when children are expected to be around school and crossing the street, whether it be on foot or on a bicycle. Reduced speeds are enacted to help to protect our school-aged children. All motorists are asked to be extremely cautious when traveling near schools, whether there are warning signs or not.

In these reduced-speed areas, it's important that drivers don't pass other vehicles. Signs in these areas will also alert drivers to stop when children are in the crosswalk. In school areas, drivers are required by law to stop for anyone and everyone using the crosswalk.

Arizona doesn't use "School Zone Ends" signs either.

Motorists are asked to be extremely cautious when traveling through these areas. Remember that while our students are at increased risks for pedestrian accidents during this time, the crossing guard is the most vulnerable.

Remember that your safe driving habits shouldn't end in school zones either. When it's that time of the year and students are back in school, drivers should exercise extreme caution when driving through residential neighborhoods and round school buses as well.

Drivers should be cautious when traveling near big-yellow school buses. Always stop when a bus is stopped. Officers are out in full force making sure that travel is safe for our young students.

To help you to drive safely in these areas, please curb all the distractions. Hang up the cell phone, text message later and groom yourself before you leave the house. By working together, we can all make a difference in the safety of our school children.

Continue reading " ADOT Reviews School Zone Safety to Help Reduce Risks of Bicycle and Pedestrian Accidents in Arizona " »

Arizona slip and fall attorney Gary Annes has settled a case on behalf of a woman who slipped and fell on a sheet of ice in the south suburbs of Chicago, Illinois. The incident occurred after a man hosed down his back porch in an attempt to clean up dog poop. He did this in freezing conditions which caused a sheet of ice to form. He then allowed the plaintiff to go out on the back porch to throw away some garbage and failed to advise her of the dangerous condition. She slipped and fell on the ice, landing on her right hand and for head.

Gary Annes settled the case for the homeowner's $100,000 insurance policy limits. The case was resolved without having to file a lawsuit, saving our client the cost of litigation.

Shortly after the accident, the defendant told our client he had been using his gated patio behind his townhouse as a small dog run. He admitted that the day before he had sprayed down the concrete slab patio to try to clean up dog excrement. Due to freezing temperatures the water turned to ice, and the ice was then hidden by a light snow. The homeowner also stated he intended to salt the area and forgot to do so.

After falling, our client had extreme right wrist pain and head pain. She was transported immediately after the accident to an emergency room. At the ER, she was examined and x-rays were taken. In addition to her wrist and head pain, she was dizzy and nauseous. Emergency room doctors noted a large contusion on her forehead and a deformity on her right wrist with tenderness.

X-rays showed she sustained a severely fractured wrist. She was also diagnosed with a closed head injury and post concussion syndrome. Doctors put her wrist in an immobilizer and she was prescribed medications for pain, and referred to a surgeon.

The next day she went to treatment at an orthopedic group where a physician reviewed her x-rays and examined her wrist. The surgeon observed a wrist deformity and significant swelling, and sent her back to the hospital for a CT scan.

Based on the CT results, an open reduction internal fixation surgical procedure was recommended. The surgery took place short time later at a different area hospital. A plate and screws were used to secure the fracture during surgery.

After the surgery, the plaintiff followed up with her physician on a regular basis for several months. A month after surgery her cast and staples were taken out and she was put into a splint.

She had limitations under doctors orders for a period of time, such as no heavy lifting. Her surgeon instructed her to do a home program that included exercises and stretching.

Even after she was done treating with her doctors, she still had pain in her wrist. The plaintiff's pain is very noticeable when the weather changes, like when it is damp or cold, and she also experiences pain when lifting objects.

Due to the accident our client had in the area of $30,000 in medical bills, and she also has a scar on her right wrist.

Continue reading " Phoenix premises liability lawyers reach $100,000 settlement in "dog poop case" " »

It's a new year and it's time for some new resolutions. Our Phoenix pedestrian accident attorneys asked all residents to make their New Year's resolutions to be safer travelers on our roadways. We would like to remind you that being a good driver, pedestrian and bicyclist involves keeping a close eye out for others traveling on the same roadway. Compassion and caution can help to make our roadways safer for everyone.

Bicycle and pedestrian accidents in Phoenix happen all too often because of driver inattention. It's very important for drivers to share the road safely with pedestrians and bicyclists as they're extremely vulnerable travelers. There are a few simple safety tips that can help travelers to more safely navigate our Phoenix roadways and to avoid a potentially fatal accident.

Safety Tips for Bicyclers, from the City of Phoenix:

-Bicyclists who are under the age of 8 should never be allowed to ride alone. These young riders should always ride on a sidewalk, too.

-Make sure that both of your feet can touch the ground (flat) when sitting on the bicycle's seat.

-Use a crosswalk when crossing a street.

-Look left, right and left again before crossing the street.

-Always ride your bike with the flow of traffic.

-Be sure to obey all traffic signals and signs.

-Never ride with more than one person to a bike. Bicycles that have one seat and one handlebar were meant for one person.

-Be on the lookout for broken glass, sticks, rocks and other dangerous debris in the roadway while biking.

According to the National Highway Traffic Safety Administration (NHTSA), there were approximately 120 pedestrians who died in the state of Arizona in 2009. With efforts from both motorists and from pedestrians, we can all do our part to keep the roadways safe for everyone. Drivers need to be cautious of our on-foot travelers while pedestrians need to be cautious of where and when they walk while navigating the city.

The Centers for Disease Control and Prevention (CDC) predicts that in the next 24 hours, nearly 325 people across the country will be sent to an emergency room because of pedestrian-related injuries. In the next 2 hours, the CDC predicts that at least one person will die from a traffic-related pedestrian accident.

According to recent statistics, male pedestrians are more likely to be injured or to be killed in a traffic-related pedestrian accident.

Safety Tips to Help Pedestrians Avoid an Accident:

-Always cross the street at a designated crosswalk.

-Even when using a crosswalk, pedestrians need to be careful of nearby cars as they may not always yield to the right-of-way to a pedestrian.

-When walking at night, be sure to wear reflective tape on your clothing or to carry a flashlight with you so that you can be easily seen by passing motorists.

-Your best bet is so walk on a sidewalk. If there's no sidewalk available and you need to walk in the street, do so facing oncoming traffic.

We all need to make the effort to make 2012 the safest year yet on our roadways. These safe roadways start with you and your commitment to be a better and safer traveler. Happy 2012 and we hope you make one of your New Year's resolutions to be more aware of travelers on our Phoenix roadways.

Continue reading " Make Your New Year's Resolution to Reduce Risks of Pedestrian and Bicycle Accidents in Phoenix " »

It's 2012 and it's time for a fresh start. Our Phoenix car accident attorneys and the Arizona Department of Transportation (ADOT) are asking motorists to make one of their New Year's resolutions to be a safer driver. Drivers are urged to be cautious when driving through the state's areas with the frigid winter weather. Ice and snow can greatly increase your chances for a serious accident if you're not careful!

Driving in snow and icy can be difficult even for the most seasoned of drivers. It's always a good idea to review safe driving tips before heading out on snowy and icy roadways. Drivers are urged to check the DOTs Interactive Road Map before venturing out.

This map illustrates road delays, traffic patterns, weather conditions and more. You can also get this information by calling 511 or 1–888–411–ROAD. The better prepared you are, the less likely you are to get into a serious car accident in Arizona.

Winter Driving Safety Tips:

-Always keep your vehicle's gas tank topped off. This means that you never want to let your fuel get too low. You want to be able to keep yourself warm for a substantial amount of time if you get stuck.

-Remember that 4-wheel drive doesn't mean that you can stop quicker. It only means that you can accelerate more quickly.

-Never drive too close to the vehicle in front of you when the roads are snowy or icy. These conditions make the road slick and more difficult for you to stop your vehicle.

-Abide by the speed limit. You always want to adjust your driving habits to the weather conditions, which could mean slowing down even more.

-Leave with plenty of time. Allow yourself extra time to get where you need to go to avoid rushing.

-Make sure to carry emergency items with you, including a first-aid kit, some nonperishable foods, some bottled water and some blankets.

-If you get stuck, stay inside your vehicle. It's safer inside the vehicle than on the side of the road. You can also shield yourself from the cold weather inside the vehicle, too.

-Stay away from snow plows. Allow these vehicles with plenty of room.

-Leave with a plan. Know where you're going and how to get there before leaving the house. This will help to eliminate distractions such as road maps and GPS devices. If you get lost, ask a passenger to help you.

-If you don't feel comfortable driving in the current weather conditions, pull over and wait for it to clear up.

-Never drink and drive.

-Always wear a seat belt.

We would also like to remind to you to perform a routine checkup on your vehicle before setting out in the winter weather. Make sure that your defroster and windshield wipers are working properly. Make sure that all fluids are fresh and full and that your car's battery is working properly. Venturing out with a plan can help you to stay safe on the snowy roads of Arizona.

Continue reading " ADOT Warns Motorists of Winter Weather and Risks for Car Accidents in Arizona " »

We've recently been talking about the dangers that drivers face on our roadways through the holiday travel season. We've even touched on the dangers of driving while distracted. But add these factors together and you've got a recipe for a serious car accident in Phoenix. According to Hands-Free Info, there was no statewide law enacted in Arizona until 2011. Laws for 2012 don't look promising either. The top leaders at the Governor’s Office of Highway Safety say they won't be backing text messaging bans for drivers because these types of laws will be difficult to enforce.

“How can you prove, from outside of a vehicle, if a person is text messaging or dialing a phone number?,” asks highway safety director Alberto Gutier.

Our Phoenix car accident attorneys understand that Gutier also recently dismissed a proposal for a hand-held cell phone law. Only school bus drivers are prohibited from talking on a cell phone behind the wheel in Arizona. Phoenix has a separate law stating that no drivers are allowed to text message at the wheel. Arizona is one of the few states left that has yet to enact a statewide ban on these dangerous driving behaviors.

With the road traffic increasing through the remainder of the year, drivers are asked to willingly give up the distractions at the wheel. Only safe and alert driving habits can help to keep our roads injury and fatality free during the holidays.

Tips to Help Curb Distractions at the Wheel, from the Governors Highway Safety Association:

-If you have to answer or make a call on your cell phone while you're driving, pull over and stop in a safe spot before doing so.

-If the phone call or text message can't wait, ask a passenger to help you out.

-Set up your voice mail to tell callers that you may not be answering because you're driving and that you'll call them back once you've stopped safely.

-Don't text, especially in Phoenix where it's illegal.

-Check our road maps and GPS devices before you start going. If you get lost along the way, ask a passenger to help you out with the directions.

-Make sure all children and pets are properly restrained in the vehicle.

-If you have to address a problem with your child or your pet, pull over safely and come to a complete stop before doing so.

-Your best bet is to turn off all of your electronic devices before starting your car.

Drivers need to keep their full and undivided attention on the task at hand, which is to safely navigate our roadways. By practicing responsible driving habits, we can all do our part to achieve safer roadways through the holiday season. Have a safe and happy holiday, and please drive safely.

Continue reading " Distractions: A Top Cause for Car Accidents in Phoenix through Holidays " »