According to the Motorcycle Safety Foundation (MSF) offers "Ten Things All Car & Truck Drivers Should Know About Motorcycles," more than 50 percent of all motorcyclist fatalities result from accidents involving other vehicles. And, several of the other "things" provided by the MSF may indicate the common causes of motorcycle-vehicle accidents, including:
To protect themselves, the CDC offers motorcyclists the following safety tips:
Speak with an experienced personal injury attorney if you have been injured while riding your motorcycle.
Source: Motorcycle Safety Foundation, "Ten Things All Car & Truck Drivers Should Know About Motorcycles."
]]>With so numerous motorists on the road, there are many dangers that are associated with holiday travel. Factor in higher alcohol consumption and it gets even more dangerous.
According to the National Highway Traffic Safety Administration, Thanksgiving is the most deadly holiday for travelers. It may be surprising to some that it is not New Year's Eve or Christmas.
While not the deadliest, Christmas and New Year's are two holidays that see a massive increase in the number of automobile accidents, especially since alcohol consumption is often a huge part of these celebrations. This can make for dangerous road conditions and even more accidents than on any other single day. Nearly half of all fatalities on New Year's Eve involve alcohol. According to a Forbes report, Christmas day is the fifth most dangerous holiday with an average of 414 deaths per year since 1982.
]]> Factor in the rising cost of airline travel, and many more people are taking to the roads during the holidays that ever have before. Another major factor is when a holiday falls on a weekend. Since 30 to 60 percent more people die in accidents on the weekends, those numbers increase when a holiday also falls on a weekend.As with any car accident, the first step is to call 911, notify the local police and report the collision and get immediate medical assistance for even the most minor of suspected injuries.
If you are involved in a motor vehicle accident around the holiday, there are remedies available to you. Depending on the type and level of insurance coverage the at-fault driver has, vehicle damage as well as any medical bills may be covered. To learn more about your rights and options for compensation, speak to a personal injury attorney experienced in motor vehicle accident matters.
Source: Forbes, "Dangerous Driving Holidays," Jacqueline Detwiler, 11/26/11.
]]>During the campaign, patrol officers inspected over 1,400 commercial vehicles and issued 224 citations. In addition, 12 percent of the inspected commercial vehicles were taken out of service as well as 14 percent of the drivers.
]]> Dangers of Commercial TrucksWhile all vehicles on the roadways have inherent risks, commercial trucks are far more dangerous for these reasons:
Enormous size and weight: Commercial trucks often weigh over 80,000 pounds compared to 3,000 pounds for the typical passenger car. The enormous weight makes commercial trucks much more difficult to maneuver. It also takes them much longer to come to a stop. And in a collision, the extra weight of a commercial vehicle causes the force of impact to be far greater than a collision between passenger vehicles.
Hazardous materials: Commercial vehicles often carry hazardous materials that make some trucking accidents more destructive and even toxic.
Driver demands: Drivers of commercial vehicles often work long hours on little sleep and are in a hurry to meet scheduling demands. All of this can greatly affect the quality of their driving.
According to CVSA executive director Stephen Keppler, around 4,000 people in North America die every year as a result of accidents involving commercial vehicles such as buses and large trucks.
Source: WMICentral, Police Target Commercial Vehicles in Safety Campaign, Mike Leiby, 11/01/11
]]>No driver should be without insurance. Indeed, Arizona law requires drivers to carry minimal auto insurance. Unfortunately, however, not all drivers abide by the law, and this can leave the victims of those drivers without traditional methods of recovery.
]]> Arizona's Uninsured DriversAlthough Arizona's rate of uninsured drivers is slightly below the national average - 12 percent vs. 13.8 percent - that is one out of approximately every eight Arizona drivers who is uninsured. Those kinds of odds don't bode well for the drivers who end up in auto accidents.
According to the Insurance Research Council, the reason for the high rate of uninsured motorists may be the similarly high rate of unemployment: during tough economic periods, some drivers decide to let their car insurance coverage slip.
In addition, drivers who have been in numerous accidents may not wish to pay the high premiums that their history creates. And, of course, such drivers may get into more accidents in the future.
People Injured by Uninsured Drivers
Drivers who do have auto insurance should consider including uninsured/underinsured motorist (UI/UIM) coverage. UI/UIM coverage can help pay for the damages to the insured party when the other driver's insurance would have done so, if the driver had carried insurance.
The impact of so many uninsured Arizona drivers is significant. Drivers who break the law, choosing not to carry auto insurance, put other drivers at risk for more serious consequences following a car accident.
There may be creative ways for an injured party to seek compensation, however. An attorney, for instance, can help the injured driver seek compensation from other insurance sources or the assets of the at-fault driver.
Source: Estimated 12 percent of Ariz. drivers without insurance
]]>Distracted Driving and Employers
The cost of distracted driving is not just personal. Over the years, accidents caused by distracted driving have become the number one reason for occupational fatalities - and for this reason, companies needs to take this trend seriously.
]]> According to a study conducted by ZoomSafer, many companies have a written distracted driving policy for their employees, but many of them do not enforce it - and when they do, it's only after an accident has already taken place. But having a policy is not enough: If a claim is brought against a company because of an accident caused by an employee, the company must be able to prove that it is actively enforcing the policy - and meting out punishment for workers who do not comply.In addition, if a company requires employees to check e-mail and take phone calls outside of the office, they must also provide a mechanism - such as hands-free equipment - that allows workers to stay safe while they're on the road.
"The fact that so many companies are telling employees to put the phone down while driving is encouraging from a policy perspective - however, from a practical perspective, it's simply not enough to change behavior," ZoomSafer CEO Matt Howard said in a statement. "To truly change behavior and fully protect themselves from liability, companies must actively measure and enforce employee compliance with cell phone use policies."
If you have been injured as a victim in a distracted driving related accident, you may be entitled to compensation for your injuries. Speak to a personal injury attorney to help determine who may be liable for your injuries and discuss your legal options for recovery.
Source: Split-second driving distraction can cause lifetime of pain
]]>Comparing the number of pedestrians who die in motor-vehicle crashes to the number of people who walk, Transportation for America calculated the Pedestrian Danger Index for 52 major metropolitan areas in the U.S. The Phoenix-Mesa-Scottsdale region ranks 8th-highest on the Pedestrian Danger Index.
The organization also found that men are more likely than women to die in pedestrian accidents, and people over age 65 die at twice the rate of their younger counterparts.
]]> The national average of 1.6 pedestrian deaths for every 100,000 pedestrians is higher than similarly-situated countries like Canada and Australia, with rates of 1.1 and 0.9, respectively. Transportation for America states that the high rate of pedestrian fatalities in the U.S. is largely due to the design of ubiquitous suburban communities with multiple lanes of high-speed traffic and layouts that are not optimized for pedestrian use.Experts and safety advocates urge people to follow these tips to help reduce their risk of being injured in pedestrian-motor vehicle accidents:
In 2003, the highway safety agency reported that about one in five pedestrian fatalities was linked to hit-and-run drivers, and hit-and-runs represented 18 percent of all pedestrian deaths. Unsafe or distracted drivers are placing walkers, joggers and runners at risk when sharing our roadways.
The case involving Jose DeJesus Padilla-Rodriquez illustrates just how gruesome and tragic a hit-and-run accident can be.
On June 19, 2011, two men were heading home after leaving a bar in Mesa, Arizona. A green Toyota Celica, traveling eastbound on the West Broadway Road, hit the two men. The Celica driver did not stop. One man was killed and another was severely injured. The impact was so forceful that the dead man's leg was torn from his body and was later found 160 feet from the point of impact on the roof of a storage facility. The car was later found, and the driver, Padilla-Rodriquez, age 23, was arrested on two felony counts of failure to stop at a serious injury or fatal collision as well as two felony counts of failure to remain at a serious injury or fatal collisions.
]]> In Arizona, about 15 percent of traffic fatalities are due to car v. pedestrian accidents and when hit-and-run drivers are involved, matters can become complicated. Drivers may flee the scene of an accident for a variety of reasons, due to distraction, intoxication or panic. Some drivers also flee because they don't have appropriate or adequate insurance coverage to cover the damages they caused in the accident. When insurance is confirmed, victims or victims' families can file a claim for compensation. However, if there's no insurance, victims and their families must rely on their own uninsured motorist coverage or investigate other options.Claims for injuries, property damage, lost wages and even wrongful death can be made against the hit-and-run driver and his or her insurance carrier. In some extreme cases, injured parties or their families may be entitled to file for punitive damages as well.
Pedestrians are at risk by simply sharing the roads with motor vehicles. While doctors can help mend broken bones, it takes an experienced personal injury attorney to help victims and their families protect their legal rights and reclaim their lives.
Source: Pedestrian's Leg Found on Rooftop After Hit-and-Run in Mesa, AZ
]]>Parents can take an active role in educating their teens about the dangers of summertime driving and provide some tips on staying safe.
Dangers for Young Arizona Drivers in the Summer Months
The months between Memorial Day and Labor Day are some of the riskiest for teen drivers. With car crashes causing more teen deaths than violence, suicide, drugs and alcohol combined, it is little wonder that the lazy days of summer can produce alarming rates of injury and death.
In addition to being relatively new drivers, teenagers may take risks that older adults would not. Teens are also vulnerable to distracted driving and may not have the experience to know when to turn off the media devices that demand their attention.
]]> Safety Initiatives to Protect Young DriversIn response to the risks teens and others face, the National Safety Council has named June "Safety Month." One of the organization's initiatives focuses on teen driving safety, highlighting tips for safe driving and offering reminders about the deadly consequences of car crashes - consequences that are deadly not just for teens, but for passengers, other drivers and pedestrians.
Parents whose teens will be driving this summer are understandably concerned; but parents have a number of options to strengthen their children's driving skills, for the summer and the rest of their lives.
Teens can take driving courses specifically designed for people their age. Parents and teens can craft and sign an agreement on how the teens will drive, including a promise never to drive while under the influence of alcohol or drugs. Parents can also demand that teens limit their distractions by promising not to text while driving and allowing only one other teen in the car at a time.
It is certainly possible to help teen drivers become more attentive and cautious, but parents and others need to make an extra effort to boost teens' safety consciousness.
]]>Such is the case with a Michigan college student who recently filed a lawsuit against employees of an Ann Arbor nightclub. Geoff Gaylor alleges that he was left unconscious on the street with a traumatic brain injury and severe cuts to his head after they threw him out of The Fifth Quarter in early February. The bouncers, Timothy Phillips and Dominik Gumul, are facing trial after being charged with aggravated assault and assault and battery for the incident
]]> The crucial difference between a criminal case against assailants and a personal injury lawsuit: prosecutors must prove the statutory elements of a crime beyond a reasonable doubt, while (at least in Arizona) a plaintiff need only demonstrate that a preponderance of the evidence shows that the defendant caused the alleged harm. Of course, a criminal conviction based on the same incident makes for powerful evidence of causation in a civil claim.Proving that the defendant caused the harm in question is only the first part of the personal injury case. The plaintiff also has to demonstrate the extent of the alleged harm. In this case, that means not only the medical expenses that a plaintiff will sustain due to his or her injuries, but also past and future lost wages, as well as pain and suffering. These are generally known as compensatory damages.
Punitive damages, intended not to compensate the victim but to punish the wrongdoer, are generally not available in Michigan. But they can provide a significant award if an Arizona defendant is found to have acted with an "evil hand" guided by an "evil mind." Criminal acts that cause personal injury are particularly susceptible to punitive damages, because the law requires a finding that the defendant acted with intent. But to prove that punitive damages are justified, the plaintiff must meet the higher legal standard of clear and convincing evidence.
]]>In March of 2011, Kimmy Chapman and her boyfriend were riding their motorcycle when a car failed to yield right of way at an intersection, striking the motorcycle. The accident fatally wounded Ms. Chapman and severally wounded her boyfriend, who was driving the motorcycle.
Wrongful Death Lawsuit
After a fatal accident, there is nothing that can be sought or given that can replace the loss of a loved one. Filing a wrongful death lawsuit is not meant to seek a replacement for the loss, but to recover for the damages that result from the accident.
]]> For instance, a wrongful death lawsuit would allow loved ones to recover compensation as a result of the negligence or fault of another. Your loved one may have incurred expensive medical bills right after the accident that need to be paid, a wrongful death lawsuit would allow recover for these expenses. You may also be able to recover compensation for other losses, including loss of consortium (loss of affection), funeral expenses, loss of future income or benefits or mental anguish.Wrongful death lawsuits are often complex. At times, issues of fault may need to be determined or discovering which parties are responsible, some of which may not be readily known, may take efforts of an experienced personal injury attorney.
Other Personal Injury Lawsuits
There may be other legal actions that can result from an accident. In the recent motorcycle accident, the driver of the motorcycle, Ms. Chapman's boyfriend, may also bring a personal injury claim. He may seek compensation for:
While no amount of recovery can undo the past, or bring back Kimmy Chapman, those responsible for the accident should also be responsible for the damage that they cause.
If you have lost a loved one in an accident, or you were injured due to the negligence of another, speak with an experienced personal injury attorney about recovering compensation.
]]>Winter sports injuries and helmet use have been a growing discussion in recent years as the number of accidents and injuries has grown. In fact, Flagstaff Medical Center (FMC) has been tracking the number of winter sports accident victims for the past few years and has released data on their findings. According to FMC, from December 2009 to May 2010, there were 265 patients treated for snowboarding related injuries. Of the 265 injuries, 62 were head injuries. Another telling statistic is that only ten people were wearing helmets at the time of the snowboarding accidents.
Although wearing a protective helmet will not absolutely guarantee that lives, like Mr. Holm's, will not be lost, it is a step in the right direction towards prevention.
]]> Reducing the Chance of Head Injuries During Winter SportsReported winter sports injuries have been growing in number in recent years. In fact, traumatic head injuries are one of the leading causes of death in young adults and children, according to the National Pediatric Trauma Registry. There are some steps parents and sports enthusiasts can take to help prevent serious injuries and the tragic outcomes others have faced.
Here are some tips to try to stay safe while enjoying participating in winter sports this season:
In addition, if you or a friend does suffer an accident while snowboarding, skiing, skating, sledding or any other winter sporting activity, it is important to seek medical treatment without delay. The full extent of a head injury is not always immediately apparent and only a medical professional can recognize the signs, diagnose and treat a head injury appropriately to help reduce the changes of additional damage that may be caused by failing to treat the injury.
]]>Another avenue of recovery may exist, however, and should not be ignored: filing suit against the establishment that served alcohol to the drunk driver. Arizona dram shop law protects the public by holding people who serve alcohol accountable for their actions.
What Is Arizona's Dram Shop Law, and When Does It Apply?
According to Arizona law (Rev. Stat. §§ 4-301, 4-311, 4-312), an establishment that holds a liquor license and serves alcohol may be liable if a drunk customer drives away and causes an accident. Several conditions must be met for the bar or restaurant to be held responsible.
The bar or restaurant patron must have been visibly intoxicated. According to Arizona law, a reasonable person must have been able to detect "significantly uncoordinated physical action or significant physical dysfunction" in the intoxicated person (§ 4-311).
If the bar or restaurant served alcohol to a minor, it does not matter whether the minor was visibly intoxicated. It matters whether the server requested proof of age or knew that the person was a minor.
The intoxication of the customer must be the cause of the accident. If the intoxication did not contribute to the accident, then the bar or restaurant cannot be said to have caused it.
]]> What Other Types of Compensation May Be Possible?In addition to dram shop liability, there are other options for seeking recovery for damages. If the drunk driver was uninsured or underinsured, for instance, an attorney can investigate whether the driver was covered by an employer's policy.
Alternatively, the injured party's uninsured/uninsured motorist (UI/UM) coverage can pay for some expenses. Uninsured motorists are a particular concern in Arizona, where a high number of drivers forego insurance. In an area like Mesa, a large proportion of college-age drivers may not have insurance - and a large proportion of establishments serve alcohol.
Speak With an Attorney
People who have sustained broken bones, been paralyzed or become otherwise seriously injured deserve to seek proper compensation. The family members of those who have been killed by drunk drivers also need appropriate sources of compensation.
]]>As reported by KSWT News, an Arizona Department of Public Safety (DPS) motorcycle officer was involved in an accident with a SUV on New Year's Eve. The SUV was making a left turn when the vehicle struck the officer. The DPS officer was treated for serious injuries; the driver of the other vehicle was unharmed.
Motorcycle accidents, such as the accident on December 31, occur frequently on our roadways. Many drivers still do not see riders; this problem can be especially dangerous when drivers don't expect to see riders during the winter months.
]]> Debunking Motorcycle Misconceptions and Safety Tips to Live ByThere are many common misconceptions when it comes to motorcycle safety. These myths affect both riders and other drivers on the road and can lead to dangerous accidents and serious injuries that could have been avoidable with the proper safety measures. Some common safety myths include:
Safety Tips for Riders
If you have been injured in an accident, it is important to speak to an experienced personal injury attorney as soon as possible. A lawyer will investigate the scene of the accident to help make your case and preserve your rights.
]]>This has prompted the Food and Drug Administration (FDA) to send letters to manufacturers of these "alco-pops" warning them not to sell products that mix alcohol and caffeine, calling the caffeine an unsafe additive. Manufacturers had until mid-December to comply with the ban.
]]> Four Loko, the most controversial of these drinks, is sold in 23.5 ounce cans. It contains the alcohol equivalent of about three or four beers, and the caffeine is equal to two cups of coffee for around $2 or $3. The price and alcohol content have made it popular with young people. Four states and many colleges have banned the drink prior to the FDA's action.The scrutiny over Four Loko is the result of a series of high-profile incidents involving the drink. In October, nine Washington college students were hospitalized after a party where Four Loko was being served. In Texas, one teenager died in a car accident after the driver consumed the drink. In Florida, a twenty-year old college student died when he accidentally shot himself after drinking three cans of the beverage.
These cases have resulted in lawsuits being filed. The parents of the Florida college student brought a wrongful death suit against Phusion Products, the makers of Four Loko, alleging that the drink caused him to kill himself, because the caffeine made it impossible for those around to him to realize how intoxicated he had become.
Other suits may arise under a "defective products" theory. Those who have been injured or hospitalized after drinking Four Loko may contend that the product was unsafe, that manufacturers knew the product was unsafe and despite this knowledge, sold the product anyway.
The challenge with these types of case is that people have been mixing alcohol and caffeine for a long, long time. Many popular mix drinks are served in bars and nightclubs that mix the two. Does that make those who served the drinks potentially liable as well? What about those companies who make liquors that may be mixed with caffeinated beverages? Right now, it is unclear how these cases will play out. If you have questions about these types of cases, contact our office to discuss your situation.
]]>On that fateful day, the family of 19-year-old Abby Guerra was told the worst news imaginable - that Abby had been killed in a motor vehicle accident. At the same time, the parents of 21-year-old Marlena Cantu was celebrating the fact that, while seriously injured, their daughter had lived. The Cantus kept vigil at her bedside for nearly a week after the accident, waiting for their little girl to wake up before they heard the truth - the young woman they had been worried about, talking to, holding hands with and praying for was not actually their loved one. Their daughter had been killed in the accident and misidentified.
]]> The injured girl was actually Abby Guerra, and she is now beginning on a lifelong journey of rehabilitation. Since her spine was broken, she is now paralyzed from the waist down, and she must now learn how to go through life as a paraplegic. Looking past the drama caused by the misidentification and the rollercoaster of emotions that she and her family have gone through in the past months, the root of the problem is a single tire.In a situation like this one, where a car accident has life-changing consequences, it can be very difficult to determine the root cause of the crash. Nonetheless, bills continue to pile up, families are shattered, rehabilitation is painful and expensive. That is where a skilled personal injury attorney comes in. By working with an experienced lawyer, you will have access to the latest tools, technologies and experts necessary to learn the truth.
While it is clear that this accident was set off by a blown-out tire, it is unclear yet if the tire was structurally defective (as the result of a design or manufacturing flaw), if there was some sort of deficient maintenance of the road surface that caused the tire to become punctured, if a fellow motorist was somehow negligent or if there was some other reason that the tire gave out. An investigative team headed by a personal injury attorney knows how to determine that answer to that question as well as to seek the most appropriate and comprehensive compensation possible to cover costs, lost wages, medical bills, rehabilitation and other expenses associated with a serious injury.
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