Phoenix Personal Injury Lawyer - Motorcycle Accidents

Legislature to Consider Alcohol Interlock Devices for DUI Offenders

Staff Writer — Sat, 14 Apr 2007 09:00:00 GMT

The Arizona House of Representatives has preliminarily passed a tough DUI bill requiring offenders to place ignition interlock devices on their vehicles which would prevent them from drinking and driving. The legislation apparently has enough support to pass the legislature and will likely go to the Governor's office for signature. The legislation designed to prevent alcohol-related motor vehicle accidents, Senate Bill 1029, first started out as a measure to place even tougher jail penalties on drivers who have blood alcohol concentrations higher than .20. During floor debate, however, the bill was amended to include vehicle ignition interlock requirements on vehicles of all people convicted of driving under the influence of alcohol. According to the amendment sponsor, requiring ignition interlock devices can act as a preventative measure to reduce drunk driving accidents on our roadways.

What do you think about this legislation? By requiring jail time for extreme DUI offenders and requiring ignition interlock devices on offenders' cars, do you think we will see a reduction in alcohol-related car accidents? I fully support any reasonable and cost-effective approaches to reduce the dangers of drunk driving. Arizona has not been successful at reducing alcohol related fatalities. Maybe now is the time to try something new. I am not sure whether increasing jail-time punishment will lower alcohol-related accident rates. However, ignition interlock devices could certainly prevent offenders from repeatedly drinking and acting dangerously. For this reason, I think this legislation presents a good opportunity. I hope the legislature supports it and the Governor signs it. I'd like to hear your thoughts about this bill.

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

Maricopa County Loses a Fine Judge

Staff Writer — Mon, 09 Apr 2007 10:53:11 GMT

Today we mourn the loss of a Judge with the Juvenile Division of the Maricopa County Superior Court. Judge John Gaylord was appointed to the Maricopa County Superior Court in 2000 and for the past three years was assigned to the Juvenile Court facility in Mesa. I never had an opportunity to appear in front of Judge Gaylord in the Juvenile Court. However, I know that Judge Gaylord had an outstanding reputation for fairness and compassion. Attorneys I know who appeared in front of him always held a high regard for his professionalism. He also was very active in the community and set a shining example of a model jurist in our state.

Tragically, Judge Gaylord

was killed yesterday evening when his motorcycle was hit by an out-of-control vehicle pulling a trailer.
Judge John M. Gaylord died at the scene of the crash. The Department of Public Safety says his 2005 Harley-Davidson was northbound on State Route 79 outside Florence when the driver of a southbound Land Rover pulling a boat crossed into his lanes.

I am sure that he will be missed by friends, family and colleagues alike and am truly sorry to not have had the privilege of appearing in his court. Maybe Judge Gaylord's tragic passing will reinforce the notion that roadway safety advocates should not ignore motorcyclists. Motorcycle safety has been a controversial topic lately. Notwithstanding this controversy, this topic should not be overlooked on Arizona roadways. Automobiles, trucks and motorcycles all share our state's roads and freeways. In light of so many tragic motorcycle accidents and in spite of the safety controversy, the Department of Transportation, the Governor's Office of Highway Safety, the Federal Highway Administration, other safety organizations and drivers alike must all ensure that drivers look out for motorcycles when driving, and freeway planners must consider motorcycle safety when considering roadway expansion or new construction. Our sincere condolences on the loss of Judge Gaylord. Maybe his high profile passing will help reinforce the importance of motorcycle safety to the driving public and to roadway safety engineers.

Originally posted at InjuryBoard by Staff Writer

Phoenix Receives Failing Grade for Driver Safety

Staff Writer — Sat, 07 Apr 2007 09:30:00 GMT

Men's Health Magazine just published its rankings for the safest and most dangerous drivers in the country. It based its rankings on

the rate of fatal accidents, as well as the deaths caused specifically by speeding, both from the National Highway traffic Safety Administration (NHTSA). In addition, we pulled city statistics on accident frequency from Allstate Insurance. And then we used statewide numbers on speeding from the Governors Highway Safety Association, plus NHTSA state data on seatbelt use.

How did we rank, you might ask? Unfortunately, Phoenix did not rank well.

According to Men's Health Magazine, Phoenix, Arizona drivers receive a failing grade ranking twelfth for worst drivers in the country. Not such a good grade for the largest City in Arizona. What in Phoenix encourages people to drive so badly? One reason may relate to freeway capacity and daily traffic volume. The Department of Transportation funded and built several state freeways based upon capacity studies which we now know grossly underestimated actual traffic volume in our State. Therefore, freeways were designed and built with substantially less traffic in mind and with fewer safety features than necessary to accommodate actual traffic volume. Clearly, as people move to Arizona and traffic volume increases on our city roadways, the number of collisions increase as well. As traffic volumes rise, designers must add appropriate roadway safety features into roadway design and construction. Appropriate safety design features such as large roadside clear zones, median barrier protection, and crash cushions depend on acurate traffic volume estimates, design speeds and operating speeds. The failure to upgrade and maintain roadway safety features, together with larger than expected increasing traffic volume could certainly explain why Phoenix has higher per capita accident rates compared to other cities in the country. While these are just my thoughts about one explanation why Phoenix received a failing grade, I'd like to hear your thoughts as well.

Originally posted at InjuryBoard by Staff Writer

Civil Justice Remedies for Crime Victims

Staff Writer — Sun, 11 Feb 2007 18:02:08 GMT

We have heard plenty of stories about crime in Arizona. Unfortunately and sadly, crime occurs everyday on our streets, in our offices and in our homes. If you have victimized by criminal conduct, what happens next? Who will provide support and explain what you can expect from our criminal justice system? What resources are available? What remedies are available in the criminal and civil justice system? Fortunately, in Arizona you have some resources available. For example, the Department of Public Safety maintains a web site as a resource for crime victims. This site provides victim information and resources during times of need. The site also contains links to other resources such as the Never Again Foundation. This organization indicates its purpose as follows:

We are lawyers providing free legal representation and education for women, children, and senior victims of domestic violence, sexual assault or elder abuse in civil law suits directly against the abusers. We have won over $170 Million for our clients, and 100% of all collections are given to victims to help rebuild their lives.

Arizona also has constitutional protections to ensure that victims provide input into the criminal justice process once a defendant has been apprehended. Victims have the following rights once a defendant enters into the criminal justice system:

1. To be advised of all victim rights and how to assert them;
2. To information on the availability of crisis intervention, medical and emergency services, information on victim assistance programs and domestic violence resources;
3. To be advised of the date, time and location of the initial appearance or arraignment if a suspect is arrested or cited;
4. To be provided the police report number, if available, and if the case has been submitted to a prosecutor's office, information on how to contact that office;
5. To be notified if the prosecutor declines to file charges, and notice of what charges are filed;
6. To have your home address, and employer's name and address withheld from the defendant and his representatives;
7. To refuse an interview with the defendant and anyone working on the defendant's behalf;
8. To be present at any court proceeding at which the defendant has the right to be present;
9. To name an appropriate support person, who is not a witness, to accompany you to any interview, deposition or court proceeding;
10. To have the Court provide appropriate safeguards to minimize contact between you and the defendant;
11. To be heard at any proceeding concerning release of the accused person, a plea agreement, and the sentencing (with some limitations if the defendant is facing the death penalty);
12. To speak with the presentence investigator before the sentencing, to give a sentencing recommendation, and to read the presentence report when it is available to the defendant;
13. To have the court order restitution, and to receive that restitution promptly;
14. To leave work (if eligible) to attend scheduled legal proceedings (in accordance with A.R.S 13.4439).

In the criminal justice system, victims may be awarded restitution. Victims may also have other civil remedies available to them as well. Against the criminal defendant, the Never Again Foundation provides a laudible resource for victims seeking civil justice directly against the criminal defendant. Victims may also have civil remedies available to them against other parties. The National Crime Victim Bar Association provides a resource for crime victims seeking civil remedies from other parties who may bear some responsibility for allowing a criminal act to occur. This organization provides resources to victims who need expertise in both civil and criminal matters.

The NCVBA provides technical support to attorneys representing crime victims in civil actions, refers crime victims to lawyers in their local area, and works to increase general awareness about the availability
of civil remedies for victims of crime.

Hopefully, you will never need these resources; however, they are available to provide victims with some compassion and understanding during times of need.

Originally posted at InjuryBoard by Staff Writer

Recent Tribune Article Discusses Motorcycle Safety

Staff Writer — Fri, 02 Feb 2007 11:15:44 GMT

The East Valley Tribune recently published an article highlighting a twenty-two percent increase in fatal motorcycle accidents in the past year in Arizona. According to the Tribune,

Overall, the number of fatal Arizona motorcycle collisions doubled from 2001 to 2005, and transportation officials say they are particularly concerned about a surge in driver deaths in the 45-to-54-year-old age group.
Deadly motorcycle crashes increased at 10 times the rate of other vehicular deaths between 2004 and 2005, with more than half involving motorcyclists age 35 and older. Those statistics differ significantly from crash data for other vehicle types, in which older drivers died at a far lower rate.

These statistics seem to suggest that older motorcyclists are not adequately trained and are prone to collisions. However, shouldn't we also look to the increasing number of drivers on Arizona roadways as another reason for the increasing number of collisions? Also, problems associated with cellphone use and driver inattentiveness could be a contributing factor to both auto and motorcycle collisions. Recent studies suggest that cellphone use while driving can be as distracting as alcohol impairment leading to serious auto accidents. Before we start blaming only motorcycle riders for inadequate training on Arizona roadways, shouldn't we also look to distracted drivers who may not pay careful attention to the roadway and cause accidents with motorcyclists? Operating a vehicle on our roadways involves a partnership between the driver and everybody else on the roadway. Shouldn't everybody who drives take safety seriously and drive defensively whether or not you ride a motorcycle, a car, an SUV, a van or a commercial truck. What do you think? Are motorcyclists unfairly singled out in this article? I'd like to hear your thoughts.

Originally posted at InjuryBoard by Staff Writer

Arizona One of the Deadliest for Victims of Drinking and Driving

Staff Writer — Fri, 01 Dec 2006 09:37:03 GMT

Arizona is near the top of the nation for a topic which, like golf, would have us all feel better if the score were substantially lower. According to the East Valley Tribune, alcohol played a factor in almost half of all fatal automobile crashes last year. A report prepared by an organization known as

End Needless Death on Our Roadways, shows Arizona is 15th in alcohol-related fatal crashes, just behind South Carolina and Illinois.
"Arizona definitely does not like being listed on this," said Michael Hegarty, spokesman for the Arizona Governor's Office of Highway Safety, "but we are taking every measure to decrease our numbers."

These statistics are no doubt troubling in a state which recently allowed bars and nightclubs to remain open an extra hour until two o'clock in the morning. Also, these statistics should serve as a stark reminder to all of us to drive defensively, wear your seatbelt and do not take unnecessary risks; you never know if you will be the next victim of an impaired driver. According to Michael Hegarty,

"No state can be proud of being this high," he said, "especially since alcohol-related crashes are one of the more easily preventable ones."

Reducing these statistics should become a priority for all of us. Drivers should not take irresponsible risks by drinking to the point of impairment and driving. Get a designated driver or take a cab! Police should provide enforcement to catch those drivers who get behind the wheel and place themselves and the public at risk. Likewise, local bars and restaurants can and should play an important enforcement role by training staff to avoid overserving drunk patrons and offering a safe ride home if needed. Bars and restaurants are licensed by the State Liquor Board which allows them to earn a profit from the sale of alcohol. Based on the dangers of drinking and driving, Arizona law prevents these businesses from profiting by overserving alcohol to patrons. If a bar or restaurant overserves liquor to a patron, it should either offer a safe ride home or if rejected, call the police. Like any other businesses, a license to earn a profit requires that businesses earn that profit by acting responsibly.

If all else fails and a family becomes victimized based upon the behavior of an irresponsible drunk driver, organizations such as MADD Arizona provide victim assistance. Actually the MADD organization also provides prevention resources and support to the community in order to eliminate drunk driving altogether. According to the national MADD President,

"The real possibility of eliminating drunk driving in this country is a powerful, even audacious, idea. Yet the tools are now at hand. Using technology, tougher enforcement, stronger laws and grassroots mobilization, the goal of eliminating a primary public health threat that has plagued the United States is within our reach," said Glynn Birch, national president of MADD.

Let us make a commitment to prevent drunk driving as outlined by the MADD national president. Such a commitment must start at the grass roots level, one driver, one business and one law enforcement representative at a time. Making such a commitment will lead to a reduction in alcohol related fatal crashes and will drop Arizona from among the top fifteen states in this sad statistical category.

Originally posted at InjuryBoard by Staff Writer

Arizona Reports Sharp Rise in Motorcycle Crash Fatalities

Staff Writer — Tue, 05 Sep 2006 23:22:13 GMT

An article in the Arizona Republic, citing statistics provided by the the Arizona Automobile Association and Department of Motor Vehicles, provides a sobering look at motorcycle safety in Arizona. According to the Arizona Republic article,

Motorcycle-crash fatalities have risen sharply in Arizona, with 146 riders and passengers killed during 2005. That compares with 118 deaths in 2004 and 75 in 2001, according to statistics from AAA Arizona and the state Motor Vehicle Division.

Riding a motorcycle has never been more popoular recently. Recent gas price spikes have only added to the popularity. Unfortunately, while motorcycle use has increased, so has traffic volume.

"There are more people riding motorcycles today, while streets are becoming more and more congested," said Detective Walter Olsen of the Phoenix police's Traffic Education and Safety Unit. "If you put more cars and more motorcycles on the road, there will be more people killed."

While you may get substantially better gas mileage riding a motorcycle in Arizona, be warned that you need to take extra precautions riding a motorcycle these days. Drive defensively and keep in mind that sharing the road with cars and trucks unfortunately also means that you have a higher risk of getting hit.

Originally posted at InjuryBoard by Staff Writer

Motorcycle Accidents Run Rampant

Staff Writer — Thu, 03 Aug 2006 11:08:03 GMT

Could one of the costs of gas price hikes be more motorcycle accidents? According to a report in the Milwaukee Journal Sentinel, many fed-up auto owners are taking to riding motorcycles to save on fuel. We may see more and more motorcycles on the road, as well as more motorcycle accidents.

Arizona is a beautiful state to enjoy the open road from a motorcycle, but riding a motorcycle can also be dangerous. Riders should use proper safety precautions, such as wearing a helmet, taking a motorcycle safety class and making a practice of 100% focus while operating a motorcycle. Drivers of automobiles are not always aware of motorcyclists.

Originally posted at InjuryBoard by Staff Writer