Phoenix Personal Injury Lawyer - Automobile Accidents - Most Popular

Phoenix Bans Texting While Driving

Staff Writer — Mon, 24 Sep 2007 08:41:16 GMT

Last week, Phoenix became the first city in the nation to ban text messaging while driving. Based on dangers associated with distracted driving, city officials concluded that the dangers of text messaging while driving outweigh any possible public benefits. For the next thirty days, police officers and other public officials will notify and educate drivers about the dangers of texting while driving and the civil penalty imposed of up to $100 if you are caught texting and driving.

Other cities have been quick to follow with similar proposals to ban texting. In fact, the City of Scottsdale Transportation Committee may recommend to the Scottsdale City Council that it enact a similar ban based on a goal of reducing driver distractions which can lead to collisions.

How will police enforce such a ban? While we can appreciate the goal of reducing collisions caused by driver distractions, will the ban actually accomplish this goal? Perhaps it might. However, I am not sure drivers will change texting behavior as a result of the recent City Council action. I would guess that younger drivers use text messaging features on their wireless phones more than any other class of drivers in our state. Perhaps other oversight actions such as raising the legal driving age to eighteen may accomplish similar objectives backed by easier enforcement. What do you think? Do you believe this ban will affect driver behavior? Will it discourage you from getting into your vehicle and typing a text message on your phone while you are driving down Central Avenue in Phoenix? Let me know your thoughts.

For more information on this subject matter, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Staff Writer

Four Dead in Pickup Truck Accident Carrying Illegal Immigrants

Jenny Albano — Mon, 28 Apr 2008 02:22:35 GMT

A pickup truck crashed Sunday morning, April 27, killing four of its passengers. The vehicle was carrying as many as 60 people when it rolled over in a remote part of Arizona.

Investigators believe that the people in the pickup truck were illegal immigrants. The truck was driving from 50 to 60 people and 20 to 30 people fled the scene of the accident into the desert. So far none of the passengers who fled have been found.

So far there have not been any arrests made, but police officers are looking for the driver of the vehicle who fled the scene as well.

Helicopters flew 18 injured passengers to area hospitals in Phoenix and Tucson and nine were ground transported to Phoenix and Tucson hospitals, White said. The four who died were all males. The investigation is on going, but it is believed that speed was the ultimate factor in the rollover and alcohol could have been a factor.

The accident occurred at around 5:30 a.m. Sunday morning near Arizona city, which is 60 miles south of Phoenix.

Originally posted at InjuryBoard by Jenny Albano

Legislature Passes Bill Limiting Teen Driving

Staff Writer — Mon, 14 May 2007 16:37:25 GMT

Last week, the Arizona Legislature passed the Teenage Driver Safety Act, legislation which places driving limitations on new young drivers to help minimize risk of automobile accidents. The bill limits teens as follows:

The act provides for driving restrictions from midnight to 5 a.m. and passenger limitations for the first six months a new teen driver holds a Class G driver's license.

According to AAA Arizona, limiting when and with whom teens can drive affects the safety of the driving public.

a teen driver's risk of an accident goes up 39 percent simply by having another teen in the car.

The bill places a curfew on when teens can drive and limits the number of other teens who can accompany a teenage driver. Governor Napolitano has until today to decide whether to sign the legislation.

Do you believe this legislation will make a difference? Will criminalizing teenage behavior reduce accident rates or does this legislation present yet another example of big government making decisions for us and our families? Will teenage drivers care about following these driving restrictions? I'd like to hear your opinions about whether Governor Napolitano should sign this bill.

Originally posted at InjuryBoard by Staff Writer

Phoenix Fire Captain Injured In Multi-Vehicle Collision

Chrissie Cole — Fri, 14 Aug 2009 22:55:00 GMT

A Phoenix Fire Department captain is in critical but stable condition due to injuries she sustained in an 11-vehicle crash along Interstate 17 Monday evening.

Ten people and fire crew were injured in the crash which involved a fire engine, according to authorities.

The fire captain, 49 and another woman, 23, were taken to a Valley hospital in critical condition. The other nine people injured suffered minor injuries.

The fire truck was responding to a house fire and was heading east on Dunlap Avenue. At about 6:04 p.m. a vehicle traveling northbound struck the fire truck, hitting the apparatus near the fire captain’s door.

The force of the crash sent the fire truck up over the median and in the westbound lanes of Dunlap Avenue.

Originally posted at InjuryBoard by Chrissie Cole

How Much Time Do I Have to File a Lawsuit?

Staff Writer — Thu, 02 Feb 2006 16:04:06 GMT

If you have been injured in an accident and somebody else bears responsibility, one question likely to arise is whether you must file suit within a specified period of time. In Arizona, you must file suit within a specific time or you will forever lose your rights to sue. This time period can be as little as 180 days from the date you suffered harm (or should have known), as long as two years or longer from the date of loss. Typically, you will have two years from which to file suit for many cases.

If you suffer a loss due and a state or local entity bears responsibility, these time limits are more complex. In order to preserve your claim in addition to filing suit within a certain period of time, you must also first file a Notice of Claim within 180 days from the date of the loss. If you do not file a Notice of Claim as a pre-requisite to filing a lawsuit, you will forever lose your right to claim compensation from any state or local governments.

These deadlines from which to file suit may be different for different people and for different claims. For example, alleging a violation of a specific state statute typcially requires that you file suit within one year of the loss. Also, all of these time limits ordinarily do not begin for minor children until they turn age eighteen. This means that a two year old child who suffered injury due to the negligence of another could conceivably wait until age eighteen before filing suit. Moreover, during the time of a mental infirmity, the limitations period is placed on hold for those persons lacking in mental capacity.

These time limits may be different if you either did not know or should not have known of your injuries within the applicable limitations period. In order to avoid creating a defense in litigation, you should try to prevent defendants from arguing that you either knew or should have known of your injuries within the applicable time period and nevertheless did not file a timely lawsuit.

If you are not confused enough by now, keep this in mind: the best rule of thumb is to file suit well within any limitations period in order to preserve all of your claims, preserve evidence and minimize memory and perception problems. Arizona Revised Statutes provide guidance for most limitations periods. I have included a link to the general limitations period provided by Arizona law. However, your attorney can best assist you in making decisions about all applicable limitations period and what to do to best preserve your claims.

Originally posted at InjuryBoard by Staff Writer

Auto Accidents, Medical Liens, Workers Compensation and Other Important Matters

Staff Writer — Tue, 27 Mar 2007 18:06:04 GMT

You have suffered injuries in an automobile collision through no fault of your own and have health insurance, medical payments coverage under your own insurance policy and your employer has workers compensation insurance. What do you do? Who should provide coverage for you in this time of loss? Should you submit healthcare expenses to your health insurance policy? Shouldn't the responsible party's insurance coverage provide sufficient protection for the losses incurred? What happens if you were working in the course and scope of employment at the time of the accident? Should worker's compensation cover your expenses? The answers to these questions present some complex issues that require a comprehensive case-by-case analysis.

Because facts about available coverages in times of need vary so widely from case to case, I will not in this article give specific suggestions or legal advice about what to do in times of loss. Some health insurance plans have rights to reimbursement out of third-party auto insurance proceeds while others do not. Some healthcare providers have the right to attempt to recover the full amount of a medical bill from a third party and some should not have this right. Some providers should not seek recovery for medical care beyond what health insurance has already paid. Other providers will attempt to seek additional reimbursement out of third party auto insurance proceeds. Worker's compensation carriers have the right to reimbursement out of third-party liability insurance proceeds depending upon nature and extent of third-party liability claims for injuries sustained in the course and scope of employment. If a worker's compensation carrier pays claims to an employee in the course and scope of employment and the claims involve liability on the part of a third-party, then the applicable statute of limitations requiring a party to file suit or forever lose the right to pursue a claim against a third party changes to one year from what typically would be two years from the date of loss. Medical payments insurance providers in connection with your own personal auto insurance policy may also have the right to seek reimbursement from third party insurance proceeds for claims paid above a certain amount. Certain healthcare and auto insurance policies may even have different implications if they were written out of state.

Confused? Issues involving available coverage, reimbursement obligations and applicable statute of limitations generally require legal analysis after reviewing case-specific information and details. Fellow Scottsdale attorney Geoffrey M. Trachtenberg recently posted an article explaining why you should seek legal advise in times of loss and explains in more detail about some of these important issues:

While everyone knows to hire an attorney who is good at "getting a recovery," few clients focus on hiring an attorney that is good at "keeping a recovery." They just don't know better. Most people don't know that, when someone receives a settlement or verdict of any size, there are typically numerous entities that assert a right and priority to payment out of the recovery. That is, before a client sees a dime from any recovery, these multiple entities typically demand some (or all) of the recovery pursuant to various legal, contractual and equitable rights.

So if you suffer injuries based on the fault of another, consider seeking legal advice to assist in working through these complex issues.

Originally posted at InjuryBoard by Staff Writer

Alcohol, Driving and Punitive Damages

Staff Writer — Wed, 11 Apr 2007 12:25:16 GMT

In Arizona if you are impaired by drugs or alcohol but still make a conscious decision to drive and later cause an accident, did you know that you not only will face criminal charges and jail time but you also will likely face civil penalties which are non-dischargeable in bankruptcy? In other words, making stupid decisions can cost you. In addition to facing jail time, you will likely face a civil judgment for actual and punitive damages. Actual damages relate to actual harm a victim suffers as a direct result of the bad decisions a drunk driver makes. Punitive damages punish the wrongdoer for the conscious disregard of the substantial and known risks of harm facing an impaired driver. The best decision a drunk can make is not to drive at all. Organizations such as MADD have in place a national campaign to end drunk driving. Hopefully, in addition to MADD and other campaigns to end drunk driving, risks of substantial jail time and civil judgments can convince a drunk to act responsibly.

When a drunk driver gets into a car and causes a crash, everybody loses. The victim of the drunk driver's behavior loses because too often, this person faces very serious physical injuries. The drunk driver loses because his or her conduct will lead to a loss of liberty and large monetary penalties and an likely civil judgment for actual and punitive damages. The public also loses because the drunk driver's conduct increases costs of insurance, police protection and adds to overall dangers on our state's roadways. Arizona has already received national attention about the number of drinking-related fatalities in the past. In the past, I have also written about how Arizona fares when comparing alcohol-related crashes to other states in the nation. Each of us can eliminate dangers associated with drunk driving by simply refusing to drive drunk and taking a cab, relying on a designated driver or staying home. Do not become another statistic in Arizona. Act responsibly and help to eliminate drunk driving on our roadways one driver at a time.

Originally posted at InjuryBoard by Staff Writer

Pedestrian Accidents Prompt Bridge Building

Staff Writer — Mon, 07 Aug 2006 14:40:55 GMT

Isaac Middle School in West Phoenix should have a new walkers bridge in place by 2008, according to an article in The Arizona Republic. With three reports of pedestrian accidents involving schoolchildren between 1996 and 2005, and more than 30,000 vehicles passing in by the school each day, it was time for action to be taken.

Hundreds of students and nearby residents cross the five-lane road each day, and the new bridge is sure to make it a lot safer for everyone.

The project involved assistance from Congressman Ed Pastor, the Federal Highway Administration, the Arizona Department of Transportation and the City of Phoenix. Such an effort presents a shining example of a successful city, state and federal partnership to make our roadways safer for ourselves and our children.

Originally posted at InjuryBoard by Staff Writer

Cellphone Use and Driving

Staff Writer — Fri, 16 Feb 2007 22:01:10 GMT

An article in today's Arizona Republic described the dangers of distractions and driving. According to the Republic, distracted drivers heighten risks of auto accidents:

Driver distractions, ranging from cellphones to eating behind the wheel, are blamed for as many as half the 139,000 collisions that occurred in Arizona during 2005, killing more than 1,100 people and injuring 70,000 others, said DPS Officer Tim Mason, a department spokesman.

The article suggests that distracted drivers increase the odds of a motor vehicle collision by fifty percent.

One form of distraction concerns cellphone use. A recent study published in the Summer, 2006 publication Human Factors: The Journal of the Human Factors and Ergonomics Society compared the distraction of cellphone use to drinking and driving. Interestingly, the study found that based on risks of motor vehicle accidents, cellphone use in vehicles can be just as dangerous as drinking and driving.

In Arizona based upon the substantial and known risks of harm associated with drinking and driving, a person who makes a conscious decision to drink and drive and as a result causes a collision may subject themselves to an award of punitive damages. If the same substantial and known risks of harm exist for a person who talks on a cellphone and causes a crash, should that person also be subject to an award of punitive damages? What do you think?

Originally posted at InjuryBoard by Staff Writer

Teenage Driving in Arizona

Staff Writer — Wed, 27 Dec 2006 12:52:56 GMT

A recent press release from the Arizona Automobile Association suggests,

Arizona is far behind in being a safe state for the riskiest group of all teens. The state could do more to make it a safer state for ALL drivers by putting stricter limits on teenagers, the state's most dangerous drivers.

Statistics supplied by AAA Arizona back up its conclusion that too many teenagers drive with reckless abandon:

Car crashes are the number one killer of teenagers. A first-of-its kind study released by AAA earlier this year revealed Arizona crashes involving teen drivers kill other people more often than the teen drivers themselves. Other findings included:
-3 out of 4 fatalities involving Arizona teen drivers were other drivers and passengers.
-During 1995- 2004, Arizona teen driver crashes killed 151 teen drivers and 442 other people.

Based upon the car crash statistics AAA cites, I agree that teenagers should have limits placed on their ability to drive. In fact, a national AAA crash study released in January, 2006 paints a sobering picture about the risks of teenage driving to the driving public in general:

This analysis shows that between 1995 and 2004 crashes involving 15- to 17- year-old drivers claimed the lives of 30,917 people, of which 11,177 (36.2%) were those drivers themselves. However, the majority of fatalities in these crashes were people other than those drivers, and included 9,847 of their passengers, 7,477 occupants of vehicles operated by drivers 18 years of age or older, and 2,323 nonmotorists.

In my opinion, government intervention and restriction does not always provide an effective solution. I am still not sure whether limits should be set in place by our government or by parents. Parents and young people alike play a role in minimizing the risks of teenage automobile accidents. Although difficult, parents should play an important role by limiting or even eliminating driving privileges of teenagers aged between 16 and 18.

AAA Arizona conducted a survey on public perceptions about problems associated with teenage driving. Based on the results, it appears that the public now supports placing government restrictions on teenage driving. Based on these survey results, a proposed "Teenage Driver Safety Act" may pass the legislature this year. I can only hope that a "Teenage Driver Safety Act" does not act as a subsitute for parental involvement in training our teenage sons and daughters how to drive safely and defensively. What do you think? Should government, parents or both place limits on teenage driving? Do you think teenage driving presents any problems at all or is this an issue blown out of proportion?

Originally posted at InjuryBoard by Staff Writer