According to the Arizona Department of Public Safety, a woman who was trying to repair her vehicle while in the carpool lane on Interstate 17 suffered serious injuries when her car was hit by a full-sized truck. The man and woman in the truck allegedly tried to flee the scene but were later apprehended. The first collision also led to a crash with a third vehicle.
]]> The woman whose car was initially hit suffered injuries that were life-threatening, and she was taken to a hospital. The man and woman in the truck were also hospitalized for their injuries after they were apprehended. There were no reported injuries from the second car crash.Although it may seem like a big task to bring a hit-and-run driver to account, it happens on a surprisingly regular basis, as this story shows. Once the driver who is deemed responsible for the accident is found, those affected can explore options to recover compensation for damages from the at-fault party.
Source: AZCentral.com, "Driver injured after broken-down car struck on I-17," Cecilia Chan, Jan. 15, 2013
]]>An 18-year-old volunteer firefighter from the Tacna Volunteer Fire Department died following a collision between his motorcycle and a pickup truck. The accident took place at the intersection of Avenue 40E and County 3rd Street in Yuma County at around 5:30 p.m. on Jan. 4. The victim was off-duty at the time of the accident.
]]> His bike collided with a three-quarter-ton Ford F-250 pickup that was being driven by a 64-year-old man from Wellton. Investigators are still trying to find out the cause of the accident, but they believe that alcohol was not a factor.The victim started volunteering at the Tacna Volunteer Fire Department on his eighteenth birthday, which was in May 2012. According to the chief of the fire department, he was a vibrant person who had a deep love for his community, and he was always willing to lend a helping hand to someone in need. Besides volunteering as a firefighter, he was also studying at Arizona Western College.
It is always difficult for the family members of innocent victims of fatal accidents to accept the fact that their loved one has died. When it seems the death was caused by another party's negligence, the loss is even harder to bear. In such cases, filing a wrongful death claim against the negligent party is a way for family members to get the justice they deserve.
Source: YumaSun.com, "Man killed in motorcycle accident was a volunteer firefighter," James Gilbert, Jan. 8, 2013
]]>The family of an Arizona man who was killed in June 2009 when a police officer shocked him with a Taser has agreed to a settlement in their wrongful death lawsuit over the incident. This is according to documents filed in the U.S. District Court in Salt Lake City. The settlement was reached recently. Earlier a judge had cleared the case to go to trial.
]]> Through the lawsuit, the family contended that the Utah police officer involved used excessive force on the victim, a 32-year-old doctoral student at Northern Arizona University who suffered from bipolar disorder. Police used a Taser to stop the man as he was running naked down a highway.The victim and his wife had reportedly pulled their vehicle off to the side of the highway so he could take his medication. Before the medication could take effect, however, the man shed his clothes and began to run along the highway. That's when the officer took out a Taser and stunned the man. The victim was hit twice in the chest, directly over the heart. An autopsy determined he had died from heart irregularities after being hit by the stun gun.
According to a joint statement issued by the parties, the settlement represented the best interests of all. Details of the settlement weren't released. The local district attorney declined to file charges against the officer, finding that he was acting according to his training.
When police negligently use excessive force that results in the wrongful death of a loved one, it is important that surviving family members understand their rights regarding the possibility of seeking compensation for the loss of life and the pain and suffering that results.
Source: Standard-Examiner, "Settlement reached in 2009 S. Utah taser death," Dec. 30, 2012
]]>For one 13-year-old boy and his family, such considerations of liability are important because of the treatment he required after two neighborhood dogs attacked him. The dog bite incident occurred on Dec. 24 as he was out enjoying a bike ride. The seventh-grader was stopped at an intersection when the dogs reportedly suddenly attacked and began biting him. Both dogs were Australian Shepherds that reportedly managed to leave their owner's home through a window.
]]> Once the attack began, the dogs knocked the Florida boy from his bike by jumping onto his back. The dogs managed to bite him several times on the legs, resulting in injuries that required treatment at the hospital. Another resident was also bitten during the incident as he tried to secure the dogs while waiting for police to arrive, but there was no breakage of the skin, Both dogs are now in the hands of animal control officials. Their fate is undecided.People in the state of Arizona who are victims of animal attacks by pets have the right to seek damages from pet owners for expenses relating to the attacks. Those damages can include anything from property damage suffered during the attack and medical expenses to pain and suffering related to the injuries received. Under Arizona law, there is no need to prove that the dog has a history of attacks for liability to become an issue. So it is always wise to consult with an experienced attorney to determine the best course of action.
Source: WWSB-TV, "Bradenton boy recovering from dog bites," Max Wintiz, Dec. 25, 2012
]]>Arizona readers may have heard about the agent who was killed in December 2010 during a shootout between U.S. Border Patrol agents and five armed men who came into the country illegally to rob marijuana smugglers. Apparently weapons used in the killing had gotten into the hands of the illegal intruders as a result of the operation known as "Fast and Furious."
]]> That was the botched U.S. effort to catch trafficking suspects through the tracking of known illegal gun sales. During the operation, authorities lost track of approximately 1,400 weapons out of the more than 2,000 weapons that were fed into the suspected ring operation.Earlier this month, the slain Border Patrol agent's family filed its wrongful death suit, claiming that federal officials should have known that allowing straw gun buyers to leave gun stores with weapons instead of seizing the weapons immediately and arresting the buyers would lead to the injuries and deaths.
The family has also named the owner of the gun store where two of the guns found in the aftermath of the fight were purchased and the federal prosecutor who was formerly assigned to the case in their suit. In addition, family members allege that there was an attempt to cover up links between the agent's death and the operation.
Any on-duty death of a law enforcement officer is unfortunate, but it is even worse when that death could have been prevented. When an officer dies a wrongful death, his or her family members may opt to seek damages by suing those who controlled the botched operation.
Source: Boston.com, "Family of slain Border Patrol agent sues officials," Jacques Billeaud, AP, Dec. 14, 2012
]]>Police in Phoenix have now identified an alleged drunk driver who caused a series of auto accidents that resulted in the death of one man. The 20-year-old suspect reportedly rear-ended a car that was driven by a 66-year-old man at a red light on 19th Avenue on Dec. 8. According to police, as the older man walked to the 20-year-old's car after the crash, the younger driver pulled away. The older man reached into the car trying to stop the younger man. He ended up being dragged hundreds of feet before the car collided with another car carrying three people.
]]> According to authorities, the 20-year-old driver tried to escape on foot with his female passenger, but he was detained by witnesses and arrested by police. However, the woman managed to get away. The elderly man sustained serious injuries and was sent to the hospital, where he eventually died.Hit-and-run accidents are often difficult to resolve, but victims can seek legal advice regarding bringing the negligent parties to justice. Getting fair compensation may enable them to pay for expenses and losses that are incurred because of such accidents.
Source: The Arizona Republic, "Driver in fatal Phoenix hit-and-run ID'd," Melissa Leu, Dec. 9, 2012
]]>Arizona residents should know that there are provisions in state civil law that allow for the recovery of financial compensation in the event of a wrongful death. An experienced attorney is the best source to rely on to get the information that's required to explore all avenues of possible recovery.
]]> Just recently, the state also upgraded the criminal penalties for individuals cited in hit-and-run accidents. The measure, nicknamed "Joey's Law," was signed into law this week by the governor. It cleared the State House in April on a unanimous 60-0 vote.The nickname on the bill is in memory of Joey Romero, an 18-year-old high school student struck and killed in 2010 while walking home from work. Under the law, a driver who is found to have left the scene of an accident in which someone suffered serious injury will have his or her license suspended for five years. If death occurs, the suspension will be for 10 years, and the suspension time will be in addition to any incarceration time.
The mother of a Tucson man who was seriously hurt by a hit-and-run driver on Oct. 20 is hailing the law. Her son was thrown off his motorcycle and suffered critical injuries when a pickup truck reportedly made an illegal left turn in front of the motorcyclist. Police are still looking for the pickup driver and the man's family is offering a reward for information.
Source: KVOA-TV, "Crack down on hit and run drivers," Rebecca Taylor, Dec. 12, 2012
Authorities in Phoenix are likely still in the midst of investigating a particularly bad accident that happened recently on Interstate 10. According to the Department of Public Safety, a tour bus carrying a group of tourists collided with a pickup truck about 50 miles south of Phoenix. Officials say the pickup truck was traveling the wrong way on the freeway and the bus and truck collided head-on.
]]> The driver of the pickup, a 78-year-old retired school teacher from Casa Grande, was killed after his vehicle burst into flames. Officials say they don't know why he might have been driving the wrong way on the freeway. They say a 911 call had alerted them to the situation and that they were in the process of responding when the accident happened.In addition to the driver killed in this wreck, nine people on the TBC Connexion bus were injured. All the passengers are said to be Mexicans. The extent of their injuries wasn't released by police. At least four faced extended hospital stays, however.
At the time this post is written, there's no word on whether police have determined if drugs or alcohol were factors in the crash. They say the investigation continues.
Anytime a commercial vehicle is involved in a crash, the legal implications become more complicated. There can be layers of liability that involve the driver and the company he works for.
In this particular case, the fact that the pickup driver was going the wrong way on the freeway raises questions that need to be answered before any conclusions about fault can be drawn. Still, those injured as a result of such an accident have rights and owe it to themselves to learn what they are.
Source: Google.com, "4 remain hospitalized after Arizona bus crash," The Associated Press, Nov. 21, 2012
]]>A story in The Arizona Republic says the first accident happened at around 11:30 p.m., Nov. 20, near Miller Road and I-10. It says people inside a car apparently got into an altercation. The driver stopped on the side of the road and some passengers got out of the vehicle.
]]> The paper says the car continued on the interstate, but the fighting inside continued until the car crashed into another car holding six occupants. The victims in the second car ranged in age from 4 to 17.. Two children were reportedly taken to Phoenix Children's Hospital in serious condition, but are expected to survive. Authorities say the driver who allegedly caused the accident was charged with aggravated assault.The first crash caused traffic back up and occurred four miles to the west of the first wreck. A semitrailer truck rear-ended another semi during the traffic back up. The news report says this crash caused a chain reaction that involved four other vehicles and another semi. The driver of the first big rig reportedly was trapped in his truck when it caught fire and couldn't escape. Authorities continue to investigate this accident.
The victims of the accidents may have the right to seek compensation for any damages caused by this accident. It's important for these people, and other Arizona victims of car accidents, to know their legal rights to help them get the compensation they deserve.
Source: The Arizona Republic, "Interstate-10 crashes close lanes in West Valley, back up traffic," Megan Thompson, Nov. 21, 2012
]]>An Arizona man has been arrested on suspicion of running a red light, six counts of endangerment and possession of marijuana after reportedly causing two car accidents. According to authorities, the first accident occurred after the 25-year-old male began driving next to and cursing at occupants of another vehicle. The man then allegedly cut in front of the car and hit his brakes, causing an accident.
]]> According to court documents, the angry driver then got out of his car and tried to engage in a confrontation with the other vehicle's occupants. When they refused to fight, he started to leave the scene of the accident, running a red light and hitting four other cars in the process. He then tried to flee on foot, but witnesses stopped and held him until police arrived. A number of people from the two crashes, including a child, were taken to the hospital.During the arrest of the man, police searched his vehicle and found what appeared to be four marijuana cigarettes. That apparently led to the charges of possession he now faces.
Drunk drivers or those operating a vehicle under the influence of drugs put the rest of the people on the road at risk. It is important that those who have been injured as a result of the actions of a negligent driver understand their legal recourse options. It may be possible for victims to be awarded compensation for medical expenses, pain and suffering or other damages.
Source: azcentral.com, "Police: Mesa man ran red light, hitting 4 vehicles," Jonathan Reid, The Republic, Nov. 12, 2012
]]>This recent development of events led to protestors demanding the board take another vote on the wrongful death suit settlement and approve it. Approximately 15 to 20 people associated with an organization called Citizens for a Better Arizona camped overnight outside the board's offices in protest.
]]> The case has stirred up a lot emotion in the local community, possibly because Sherriff Joe Arpaio is involved. Arpaio is a controversial figure who has come under the spotlight for voicing anti-Latino sentiments and allegedly discriminating against Hispanics in Maricopa County.In the 2005 case in question, the 46-year-old woman was in the custody of the sheriff's office. The family claims in its suit that the woman was diabetic and began experiencing complications related to her condition. However, they say the staff did not get her medical help because they believed she was going through drug withdrawal. The family filed the wrongful death suit shortly afterwards. The matter has already cost the county an estimated $2.2 million in legal costs.
It is unknown at this time if the board will vote take another on the settlement. There are some who argue that it would be in the county's best interest to accept the settlement. They say that if the trial continues on and the jury finds in favor of the plaintiffs, the damages awarded could far exceed the proposed settlement amount.
Source: KTVK-TV, "Protesters demand re-vote on multi-million dollar wrongful-death settlement," Catherine Holland, Nov. 7, 2012
]]>Whether that will be a strategy taken in one recent case that made the news is unknown. The Arizona Daily Star reported Oct. 26 that prosecutors, citing "prosecutorial discretion," elected to drop their case against a Tucson man who was accused of killing a 62-year-old motorcyclist in a traffic accident in August. The paper reported that Pima County Superior Court Judge Paul Tang dismissed the case against the 44-year-old man after prosecutors acknowledged there was insufficient evidence to proceed with the case.
]]> A prosecutor told the judge that the charges, which included manslaughter, criminal damage and aggravated driving under the influence, could not be prosecuted at this time because the defendant's blood tests had come back negative for either alcohol or drugs.Police reports say that the motorcyclist was struck after pulling up to a red light on Aug. 11. His motorcycle was rear-ended by a pickup truck, and he and the motorcycle were then dragged into two other vehicles. He later died. The reports say the defendant originally told police his brother had been driving the truck, but investigators said they had disproved that claim.
Although this case did not result in criminal prosecution, the possibility of pursuing a civil case may still be an option for survivors of the deceased man. That's because the standard of proof tends to be less stringent in civil proceedings than in criminal court.
Source: Arizona Daily Star, "Case dismissed against Tucson man in fatal crash," Kim Smith, Oct. 26, 2012
]]>The community of Scottsdale is mourning the loss of a respected physician in a tragic fatal collision. Dr. Marwan Malouf, was fatally struck in a hit-and-run accident on Oct. 14 while cycling in Fountain Hills. Police report that the 38-year-old neurologist was struck from behind by a truck while riding in the bike lane near Fountain Hills Boulevard and Shea Boulevard. The driver of the truck fled the scene. Dispatchers received the report of the incident at 12:30 p.m.
]]> Possible debris from the crash was found 50 feet from the victim. This drew the attention of a third party who later reported the driver of a blue Chevy pickup acting suspiciously a short distance from the accident scene. Police responded and discovered a truck that belonged to a 33-year-old male from Mesa. The man initially told investigators that his truck had been stolen. However, he was later arrested and booked for leaving the scene of a fatal traffic collision.The loss of a loved one in a fatal accident can be almost unbearable, and the emotional scars may well last a lifetime. Nothing can replace that unique individual. But those left behind may be entitled to compensation to ease the financial suffering that the wrongful death of a loved one can cause.
Source: KPHO-TV, "Neurologist killed while cycling in Fountain Hills," Allyson Blair, Steve Stout, Jadiann Thompson, Oct. 15, 2012
]]>Four people in Phoenix are victims of just such an event. Police say a 45-year-old man is facing charges after an Oct. 13 hit-and-run accident that took the life of a man on 67th Avenue in Phoenix. Reports indicate that the driver drove into the back of a Dodge Caravan cab with his Dodge Charger just north of Lower Buckeye Road. The reports say he was speeding and trying to pass the vehicle. The driver of the Charger fled the scene but was found later.
]]> The crash killed a man in the cab whose identity has not yet been released. The crash also injured the 47-year-old cab driver, a 20-year-old male and a 16-year-old female. The hit-and-run driver also suffered minor0 injuries. Authorities believe that the man was impaired at the time of the crash and charges are being considered once he is released from the hospital.In this tragic hit-and-run accident, a man lost his life and three others were injured by the apparent negligence of another. They would do well to consider pursuing a claim against the at-fault driver. The first step in this regard would be to seek advice from an experienced attorney.
Source: AZCentral.com, "2 men die in separate Phoenix traffic accidents," Cecilia Chan, The Republic, Oct. 13, 2012
]]>A crash in Phoenix, last week appears to have happened due to just that sort of situation. A 55-year-old female car driver was turning left on to eastbound Roosevelt when she allegedly pulled in front of a 33-year-old motorcycle rider. The accident occurred at the intersection of Roosevelt and 75th Avenue.
]]> A Phoenix Police Department sergeant noted that the woman failed to yield to the oncoming motorcyclist. He also confirmed that the rider was wearing a helmet at the time of the crash, and there appears to be no immediate indication of intoxication on the part of either the rider or the driver in the accident. The investigation is ongoing.When a family loses a loved one in an accident through no fault of their own, they may seek compensation for medical bills, final expenses, property damage and lost wages by filing a wrongful death claim against the insurance of the person at fault. A wrongful death suit allows them to begin the process of seeking such compensation, and understanding the events that lead up to the accident as well as injury law can help them present a case for the recovery of such expenses.
Source: KPHO-TV, "Motorcyclist killed in Phoenix crash," Phil Benson, Oct. 9, 2012
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