Phoenix Injury Lawyer Blog

There were more teen drivers who were killed in Arizona car accidents in the first half of 2011 in comparison to the same time frame in 2010. Arizona was one of the 23 states that saw an increase in teen driver deaths during this time, according to a recently released report from the Governor Highway Safety Association (GHSA).

The recent report from the GHSA looked at the number of 16- to 17-year-old drivers who died in car accidents during the first six months of 2011 and compared those stats to the figures from the same time in 2010. During the study, there was an increase of 7 percent in the number of 17-year-old drivers who were killed and a 16 percent increase in the number of 16-year-old drivers who were killed. These statistics formed an overall increase of 11 percent. The report was headed by Dr. Allan Williams, the former chief scientist for the Insurance Institute for Highway Safety (IIHS).

Our Arizona teen car accident attorneys understand that news of the increase in teen driver deaths was released as the National Highway Traffic Safety Administration (NHTSA) released a report stating that the number if overall roadway fatalities had decreased by nearly one percent during the same time. In the GHSA's report, there were 23 states that reported increases, 19 that reported decreases and 8 that stayed the exact same. North Carolina, Texas and Florida were a few of the states that reported the most significant increases during this time.

Williams says that the significant increases in teen driver deaths across the country can be attributed to the specific laws of each state's Graduated Driver Licensing (GDL) program and the fact that they're quickly losing steam. A lot of these laws have been in place for quite some time now and aren't getting the enforcement efforts they once did. A second reason for the increase, according to Williams, is that the improving economy is calling more teens to our roadways. With teens spending more time on our roadways, their risks for an accident are increasing quickly.

“While it is not a surprise that these numbers are stabilizing or slightly increasing, states should not accept these deaths as something that cannot be prevented,” says Dr. Williams.

The chairman of GHSA, Troy E. Costales, says that GDL programs need to be revamped. He says that the laws need to be strengthened and enforced more. This is one good way to help keep an eye on our teen's safety at the wheel. He also urged parents to get involved. In numerous studies, it's been proven that positive parental involvement can help shape responsible driving habits for young drivers. Car accidents continue to be the leading killer for teens in the country. With better oversight and education efforts, we can help to equip these young drivers with the skills they need to stay safe on our roadways.

Continue reading " Teen Car Accidents in Arizona Up Despite National Decrease " »

Some manufacturers of hybrid vehicles boast of their near-silence on the road.

While that might be great for motorists, it could lead to pedestrian accidents in Phoenix and across the country, according to a new study released by the National Highway Traffic Safety Administration.

Blind pedestrians were found to be at particular risk, as they relied more heavily on audio cues to warn them when a vehicle was near. But the truth of the matter is we are all at high risk of being injured by a driver who fails to yield or is otherwise careless -- and this is particularly true when the vehicle is quiet or when city traffic or other environmental factors impair hearing.

According to the study, hybrid-electric vehicles were more than two times as likely as regular vehicles to be involved in a pedestrian crash in which the vehicle is slowing or stopping, backing out, starting in traffic or pulling into or leaving a parking space or driveway.

Phoenix pedestrian accident lawyers are aware that while speed is often considered a factor with serious crashes involving regular-engine cars, hybrid cars are more likely to cause injury to pedestrians when they are moving at low speeds. The designers of the study concluded that is because at lower speeds, these vehicles are even quieter.

Groups representing the blind have voiced concerns about the decibel level of these vehicles.

The reason these vehicles are quieter has to do with their fuel source - electric, rather than gas. In fact, they make virtually no noise at all when they are moving slowly.

The chairwoman of the National Federation of the Blind's Committee on Automotive and Pedestrian Safety, was quoted as saying she is used to being able to derive audio cues from her surroundings in order to safely get around.

Previously, she had been certain that her sense of hearing was so acutely attuned to what was happening around her that she could hear even electric vehicles. But after doing a non-scientific test in a parking lot, she was disappointed to learn she couldn't hear the hybrid vehicle coming close.

As gas prices continue to soar, so too do the number of consumers who are clamoring for electric vehicles. Though they are initially more expensive than gas-powered vehicles, they cut down on the astronomical gas costs.

At a meeting with the Society of Automotive Engineers World Congress, new NHTSA chairman David Strickland said his organization may impose increased regulations on hybrid vehicle noise, which would hopefully lower the number of crashes involving visually impaired pedestrians.

In crash data analyzed in 12 states, the NHTSA found that hybrid cars had a significantly higher rate of crashes with pedestrians than gas-powered cars.

Still, advocates for the blind aren't necessarily picketing for a return to gas-powered vehicles. But they are applauding the NHTSA in its recent suggestion that regulations could be imposed that would require hybrid vehicles to emit a minimum level of sound, so that blind pedestrians could be alerted.

Some makers of hybrid vehicles are already looking to implement this on their own with a device that could be installed. It's already available in the Chevrolet Volt.

The study determined a vehicle with a frequently-pulsating sound will put a pedestrian on alert faster than higher pitches. The researchers themselves noted that this could create very "annoying" noises, but one would have to weigh out the risk versus the benefit.

Continue reading " Phoenix Pedestrians at Risk for Injury by Silent Hybrid Vehicles " »

In what is being labeled as a freak accident, a 30-year-old man lost his life at an indoor trampoline park after suffering spinal cord injuries in Phoenix.

According to The Arizona Republic, the man broke his neck after falling into a foam pit inside one of the half-dozen trampoline parks that have emerged in the Phoenix area in recent years. The sites have been a magnet for recreation-seekers of all ages, but have also, according to the newspaper, been the site for a number of injuries - everything from strained muscles to fractured bones.

While both the trampoline park is conducting its own investigation into what happened, the park remains open.

Our Phoenix injury lawyers want everyone to keep in mind that government oversight of these type of facilities is minimal, as this is a somewhat new genre. Many of these parks have not only trampolines, but dodge ball, Velcro walls and basketball hoops. City and county officials don't inspect for much more than fire hazards or the safety of the actual structure. Inspectors are not looking at whether the equipment is safe for play, according to the newspaper article.

The centers have cropped up across the state, with two in Phoenix, one in Peoria, one in Scottsdale, one in Glendale and three in Chandler. In the last two years, some of these centers have had more than 30 calls for an emergency ambulance.

Unlike gymnastics centers, these trampoline parks might not require their staff to acquire any sort of safety certification.

Patrons are often required to sign a waiver, freeing the park of any liability if you get hurt. There is at least one case, though, in which The Republic is reporting the parents of a 17-year-old are suing, saying someone other than the teen's legal guardian signed the paperwork to play in the park. That teen ended up with a broken ankle.

Additionally, the parents of a 16-year-old are suing one of the parks for negligence after she broke her leg.

In another case, the mother of a 10-year-old boy told a reporter her son may need more than $50,000 worth of dental work over the course of his life, after suffering an injury at one of these parks.

In the fatal fall suffered by the 30-year-old man, the victim reportedly broke his neck, and later died, after falling into a pile of foam cubes after jumping on a trampoline.

Spinal cord injuries in Phoenix aren't always fatal, but they can be devastating and require years of intense physical therapy. A person may permanently lose certain capabilities, such as the ability to walk or use arms and hands. This type of injury can be especially painful for someone who was previously very active and full of vitality.

People who do survive an injury to the spinal cord will often have to cope with medical complications, such as bladder and bowel problems, chronic pain and increased chances of heart and respiratory problems.

Continue reading " Phoenix Trampoline Death Leads to Injury Concerns " »

Arizona personal injury attorney Gary Annes has settled a pedestrian accident lawsuit for $600,000. The accident took place in the western suburbs of Chicago, Illinois back in November, 2008. Liability was contested in the case.

The plaintiff was crossing a four-lane road at an intersection with an unmarked crosswalk. The intersection is near a commuter rail station and train passengers frequently cross the street at the location where the accident occurred.

The victim in our case was walking after dark from the train station to his car that had been left for the day in a nearby parking lot. He crossed safely halfway and then a car stopped to let him cross the rest of the way. As he continued to cross the street, an elderly driver failed to observe the plaintiff and hit him with his vehicle. Our client was only about a step away from the other curb.

The collision knocked him several feet into the air, and he landed by a vehicle that was parked nearby. He was found a short time later by paramedics in a pool of his own blood, and then taken to a nearby emergency room.

Local police rushed to the scene of the accident. Investigating officers were able to speak with the defendant and an independent witness. The elderly driver said to police that he thought someone threw a rock at his car and that he never saw the plaintiff. He drove about a block down, turned around and came back, and only then realized he had hit a pedestrian.

The plaintiff sustained serious injuries in the incident. When he arrived at the emergency room, medical personnel observed a temporary loss of consciousness and that he was having amnesia. He was repetitive and confused. He had also sustained multiple lacerations all over his body. Doctors used staples to close up his right shoulder and his scalp to stop immediate bleeding.

The severity of his injures was soon realized after diagnostic tests were performed. He had sustained multiple facial fractures, including a right-sided orbital blowout fracture. He also had a pelvic fracture, a right ulna fracture and a cerebral hemorrhage.

The plaintiff had several surgeries in the hospital, including an open reduction and internal fixation of his right ulna, an open reduction and internal fixation of the fracture to his pelvis, and surgery to repair his orbital fractures.

Our client remained in the hospital for days before he was finally transferred to a rehab facility where he then stayed for several weeks for rehabilitation and therapy.

Continue reading " $600,000 settlement obtained by Phoenix pedestrian accident lawyer " »

If Washington lawmakers are successful, drunk driving accidents in Phoenix would decrease due to harsher sanctions for first-time DUI offenders.

The bill, working its way through a number of house committees, would offer states money - millions of dollars - if they impose the new rules. Most notable among those rules is the requirement for first-time offenders to pay to have a breath device installed that would measure the amount of alcohol in their blood before they could turn the car on.

Our Phoenix car accident lawyers know that the Arizona courts already use this program -- called the Ignition Interlock Program -- for people who have been convicted of more than one DUI. If the new law were passed, first-time DUI offenders would be required to use it too, if the state wanted access to the millions of dollars in federal grant money.

What's at stake is a share of $25 million, which would be doled out among qualifying states for various highway safety projects.

Some argue the bill would cost participating states more to implement than it would be worth. The most vocal critic, up until now, has been the American Beverage Institute (for obvious reasons).

An ABI spokeswoman even likened the bill to bribery, saying it was especially unfair to make this strings-attached proposal amid a struggling economy.

However, we would ask you to consider this: According to Mothers Against Drunk Driving, for the average first-time DUI offender, the arrest isn't the first time they have ever driven impaired. It's merely the first time he or she has been caught. The advocacy group determined the typical first-time DUI offender has driven drunk about 80 times prior to that first arrest.

What's more, according to the International Council on Alcohol, Drugs and Traffic Safety, the interlock device program decreases the chances of another drunk driving offense, especially when it's paired with some other service program, for as long as the device is being used.

In Arizona, it's the offenders who are responsible to pay to have the machines installed if they want driving privileges. There is a list of approved providers, and it costs about $400 - not including court fines and fees.

In addition to the increased punishment for first-time drivers, the new bill would also spell out specific penalties for people with multiple DUI convictions. Right now, judges have the option of taking away the driver's license for a full year or making the driver install the breath machine for 12 months, and allowing that person certain driving privileges, such as work and school.

A draft of the bill outlines very specifically the terms under which a repeat offender using the breath machine could drive.

In Arizona, those driving with the interlock device are limited to driving to the following places:

-Work.

-Home.

-School.

-Alcohol or drug treatment.

-Probation office.

-Doctor's office.

-Am interlock device service center.

Drivers who break this rule or fail to have their device serviced every month face further penalties and fines.

Continue reading " Phoenix Drunk Driving Accidents Spur Call for Stiffer Penalties " »

Teenage drivers may think that they know everything behind the wheel. What they aren't typically aware of is the impact teenage passengers have on their roadway safety. A recent study published in the Journal of Adolescent Health concluded teens are at higher risks for car accidents in Phoenix and elsewhere when other teen passengers are present in the vehicle.

The study concluded that young male and female drivers were affected by passengers differently. While female drivers had passengers present in the car, they were more likely to play with their makeup, look at the other passenger, send and receive text messages and make phone calls. Boy teen drivers were more likely to break driving laws, including speeding and improperly turning, when other teenage passengers were present. What stayed about the same between the two was their risk for an accident. In nearly 700 cases analyzed, female drivers were distracted prior to 20 percent of the accidents in which they were involved, while male drivers were distracted about 25 percent of the time.

Phoenix car accident attorneys are aware that teenage drivers are more likely to get into a car accident than any other age group of drivers. Studies found ways we can help to reduce those risks for our teens. Comprehensive graduated driver's licensing (GDL) programs along with thorough parental involvement can help reduce risks. GDL programs allow teenagers to master difficult driving skills through a number of restrictive levels. In some of the strictest GDL programs, teenage passengers are limited in these levels. Parental involvement helps, too. When parents know where their teen drivers are and are informed about their driving habits, teens are less likely to act out behind the wheel.

"Distraction from peer passengers appears to play a prominent role for both male and female drivers," said Allison E. Curry, Ph.D., MPH, lead author on this study. "One in five females and one in four males who were driving with friends were distracted by something inside the vehicle just before they crashed."

Researchers from the Center for Injury Research and Prevention with the Children's Hospital of Philadelphia conducted the studies that drew these conclusions.

In that first study, researchers picked apart accident reports from more than 675 teenage drivers. In these reports, it was clear that both male and female teenage drivers are dangerously affected by distractions.

In another study, the same researchers looked into how children reacted when parents were involved in their business behind the wheel. When researchers looked at more than 195 teenage drivers, they found that parent involvement leads to safer drivers. Teenagers who had parents who were actively involved in their driving habits typically perceived the risk as higher and were less likely to seek driving "sensations." States that had GDL programs that limited the number of teenage passengers that a young driver could drive also saw lower accident rates among teen drivers.

Parents are urged to take the GDL program into their own hands. No, we don't mean toss out all the rules, but embrace the current laws and add ones that you feel will contribute to your child's safety. Make sure to enforce these laws and to actively punish for breaking these rules. Holding your teen driver to strict driving rules will not only help them to be responsible, but it will help to keep them safe on our roadways.

Continue reading " Fewer Rules Put Teenagers at Higher Risks for Car Accidents in Arizona, Nation " »

Arizona auto accident attorneys at Abels & Annes recently resolved the case for a Peoria resident. Our office pursued both the negligence claim against the at fault driver and an Arizona underinsured motorist claim against the plaintiff's own auto insurance policy.

The collision took place on October 18, 2010, at approximately 7:17 p.m. The plaintiff was injured when the vehicle he was driving was rear-ended by another vehicle.

Our client was driving westbound on Peoria Avenue in Peoria, Arizona. The defendant was also driving her vehicle westbound on Peoria Avenue, directly behind the plaintiff. The client stopped for a red light at the intersection of Peoria Avenue and 91st Avenue in Peoria, Arizona. There were several vehicles stopped in front of him at the intersection. The defendant then failed to stop and/or reduce the speed of her vehicle she was driving, and struck the plaintiff's vehicle in the rear.

The Peoria Police Department responded to the accident scene. After speaking to both parties, the investigating officers placed the defendant at fault for the collision. In the police report, she admitted that she did not see the light was red until it was too late and that she tried to stop her vehicle but it was too late. Furthermore, the investigating officers noted in the police report that the defendant was driving too fast for conditions and was not paying attention.

We alleged the defendant's insurance carrier that she failed to keep a proper lookout, failed to yield for traffic, failed to stop and/or reduce her speed to avoid a collision, was driving at an excessive rate of speed, and failed to exercise due care for the safety of those in the area, including the plaintiff.

Following the collision, our client had an immediate onset of back pain, neck pain and headaches.

That same day, he was seen at Banner Del E. Webb Medical Center’s Emergency Department. There, he complained of back pain, neck pain and headaches. A history was taken, he was examined and diagnostic tests were performed, including a cervical spine x-ray. A physical exam revealed tenderness of the lumbar spine and thoracic spine, as well as limited range of motion due to pain. An x-ray of his cervical spine found straightening of the cervical lordosis, intervertebral disc space narrowing at C5-6 and C6-7, cervical spondylosis, and unco-vertebral and facet joint hypertrophic changes in the mid cervical spine. He was initially diagnosed with a back sprain, neck pain, and headaches. He was instructed to follow up with his primary care physician and discharged.

Due to ongoing and increasing pain, The client sought follow up medical care at Phoenix Orthopaedic Consultants on October 26, 2010. He complained of mid back pain, lower back pain causing radiating pain down his right leg to his foot with associated tingling and numbness, neck pain, headaches with associated tingling on his face, and right upper extremity weakness. A history was taken and he was examined. A physical exam revealed tenderness of the mid-line and paravertebral thoracic spine with severe paraspinal muscle spasms, right lower lumbosacral junction tenderness with severe paraspinal muscle spasms, increased pain with flexion, hypoesthesia of the right lower extremities and right upper extremities, tenderness to the mid-line of the cervical spine with severe paraspinal muscle spasms, decreased range of motion, and positive Tinel’s sign at the right wrist. His physician diagnosed him with back pain, right lower extremity radiculopathy, neck pain, right upper extremity radiculopathy, thoracic pain, and headaches. He was instructed to go for MRIs of his lumbar spine, cervical spine, and thoracic spine.

Per is physician’s referral, on November 2, 2010, the plaintiff was seen at Valley Radiologists for diagnostic testing, including MRIs of his cervical spine, thoracic spine, and lumbar spine. The MRI of his cervical spine found small degenerative disc bulges in his spine.

Based on the MRI findings, our client sought follow up treatment with his doctor on November 12, 2010. At that time, he complained of neck pain, mid back pain, lower back pain, and headaches. The physician reviewed the MRIs of his lumbar spine, cervical spine, and thoracic spine. Based on the his review of the MRI results, he prescribed pain medication and instructed him to begin physical therapy.

On December 21, 2010, the client returned for follow up treatment. A physical exam was performed, which revealed paravertebral spasms throughout the cervical spine, thoracic spine and lumbar spine and decreased range of motion due to pain. The physician prescribed pain medication and instructed him to continue physical therapy.

On February 18, 2011, the plaintiff returned for follow up treatment. There, he complained of continued back pain. A physical exam was performed, which revealed paravertebral tenderness in the thoracolumbar spine with muscle spasms and decreased range of motion.

Our client started a course of physical therapy at Physiotherapy Associates on November 18, 2010. His treatment consisted of therapeutic exercises, therapeutic activities, neuromuscular rehabilitation, manual therapy, mobilization, and spinal mobilization. He attended twelve (12) sessions of physical therapy at Physiotherapy Associates, which ended on February 22, 2011.

The at fault driver in the accident only carried auto insurance in the amount of $15,000, the Arizona required minimum. After our office collected that amount, we pursuing an underinsured motorist claim against the plaintiff's own auto insurance policy and collected an additional $8,000, bringing the plaintiff's total up to $23,000.

Continue reading " Phoenix injury lawyer settles car accident claim for $23,000 " »