Phoenix Personal Injury Lawyer - Pedestrian Accidents

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

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

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

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

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