The Andrades attempted to file a civil suit against the pit bull's owner but learned that Arizona has no laws that allow a pet owner to recover damages from another animal's owner for damage or injury to pets. Some municipalities do allow for misdemeanor prosecutions against the owner of an unleashed and unlicensed animal. There is no law, however, giving private individuals a civil cause of action against an animal owner for injury or deaths to animals due to dog attacks.
]]> Fabian's Law is an attempt to change this. This proposed law, named after the Andrades' dog that was killed in the attack, provides for civil liability for the owner of any vicious dog that attacks and injures another pet. Vicious is defined as any dog that causes injury or death to a human or another animal. The proposed law allows the owners of the attacked dog to recover for pain and suffering and for three times the value of the pet that was injured or killed. The vicious dog would also have to be microchipped, leashed and muzzled while outside the owner's property. The owner would be required to obtain $300,000 of liability insurance, fence his or her property with a locked fence and post a "dangerous dog" sign. A vicious dog with a second attack on another animal or human would be destroyed.Sally Andrade and her husband, Richard, fully support this proposed legislation by delivering leaflets to pet service providers and through their Web site, www.fabianslaw.com. The bill should be introduced during the 2011 legislative session.
]]>Although NHTSA testing has not revealed any defects other than pedal entrapment and sticking gas pedals, its investigation is continuing. A final report, with input from NASA and the National Academy of Sciences, is expected next year. Research is presently under way to determine whether electromagnetic interference could have contributed to the acceleration problems.
The recent NHTSA findings do not definitively establish the cause of acceleration, due to the relatively small amount of Toyota vehicles equipped with black boxes. Defense attorneys, however, may try to use the findings to support arguments that the acceleration was caused by operator error.
]]>The driver of the truck told authorities that he was momentarily distracted by his children in the backseat. According to the Phoenix police, the driver was not impaired.
]]> Distracted driving is defined by the U.S. Department of Transportation as "any non-driving activity a person engages in that has the potential to distract him or her from the primary task of driving and increase the risk of crashing." In 2008, distracted driving contributed to 16 percent of all fatal crashes and 21 percent of all vehicle accidents. Almost 6,000 deaths and more than half a million injuries were caused by distracted drivers nationwide that year. Most distracted drivers are younger than age 20, according to a National Highway Transportation Safety Association report. Common distractions include using a cell phone, eating and drinking, talking to passengers, grooming, reading (including maps), using a PDA or navigation system, watching a video and changing the radio station, CD or MP3 player.Arizona lawmakers intend to introduce new legislation this year to ban text messaging and other cell phone use while driving. Thirty-one states have laws banning texting while driving. Eight states ban the use of hand-held devices altogether.
]]>As reported by various Arizona government agencies during 2008, there were 197 watercraft-related accidents, 124 injuries and 6 fatalities from activities taking place in Arizona lakes and rivers. There were 278 vessels involved in these incidents. Besides the warm weather that abounds and allows people to enjoy year-round boating, there are other factors that contribute to accidents and injuries on the water.
]]> According to an article that appeared in the Arizona Wildlife Views magazine in 2008, the top five causes of boating accidents in Arizona are:In addition, the article cites reckless boat operation, failure to yield to other watercraft, congested waterways, hazardous water conditions, excessive speed, alcohol abuse and overloading boats as contributing factors to boating accidents and injuries in Arizona.
Currently, Arizona does not require boaters to take a safety course prior to operating a boat or other watercraft. However, the state's Game and Fish Department encourages it on its website, stating that, "Educated boaters are 70 percent less likely to be involved in a boating accident." Boating safety classes are offered all over the state and online, so it is a good option to ensure the safety of boating passengers.
Arizona Senator Linda Gray was working on a bill that mandated all ticketed boaters attend a boating safety education course, but she postponed introducing it because of state budgetary constraints. If this law were enacted it would be a great first step to promoting safer use of watercrafts in Arizona.
Now is as good a time as any, so it is time for boaters, law enforcement officials, state Game and Fish Department regulators and legislators to get on the same page with requiring boat owners or operators to pass a boating safety course before hitting any Arizona waterways.
If you or a loved one is involved in a boating or other watercraft accident on an Arizona waterway, contact a local personal injury attorney to explore your legal options. You deserve the right to safely navigate the pristine lakes and rivers in Arizona, so holding those negligent operators responsible for causing accidents or injuries on the water is an important responsibility.
]]>Fielding received treatment from paramedics at the scene but died later at the hospital. There have been no criminal charges against the driver, who claimed to be "confused and disoriented" from the accident.
]]> Arizona Elderly Driving RegulationsIn Arizona, one in five drivers is over the age of 65. Elderly drivers aged 75 and older have a higher accident rate than any other age group except teenagers.
For a state with such a large population of elderly drivers, Arizona has very few regulations in place to ensure that senior citizens are able to drive safely. Arizona physicians are not required to report at-risk drivers to the authorities unless the information is subpoenaed or admitted as evidence in a criminal trial.
Arizona law only requires that seniors aged 65 and over must pass an eye exam every two years. For a non-restricted Arizona license, a person must pass the exam with 20/40 vision. Restricted licenses may be granted to those whose vision is 20/60 or better.
Currently, 32 states have no additional requirements for senior citizens renewing their licenses.
Arizona State Representative Mike Gleason, 74, filed a bill last January that would require all drivers 75 and older to pass both road and vision tests every two years. The bill met heavy resistance from the state's large senior population and failed to pass into law. Many senior citizens feel that further regulation of their driver's licenses would be a restriction of their freedom.
]]>Because cell phone use and texting while driving are two major sources of distractions to drivers these days, many states have passed, or will soon pass, laws related to prohibiting and punishing for these specific offenses. In addition, some state legislatures are also working on broader distracted driving laws, which may allow law enforcement officials to punish drivers with loose animals in their vehicles.
]]> For example, the Office of Legislative Research for Connecticut reports that Connecticut and Maine enacted general laws against distracted driving last year. The laws are broad enough to permit law enforcement personnel the discretion to interpret them in situations like ticketing drivers who operate a car with a small dog in their laps.In Arizona, there is currently no specific law against owners who become distracted by free-roaming pets while driving. There is a bill, however, against general distracted driving that was introduced in February of this year and is currently held by house committees for discussion.
The bill proposed to add a section on distracted driving to the Arizona Revised Statutes that states:
Currently only Hawaii has a law that explicitly bans drivers from allowing interference with their control over a vehicle by an animal, person or other object. Both California and Virginia attempted to pass laws prohibiting drivers to have dogs in their laps, but neither was enacted.
According to a Nationwide Mutual Insurance survey, around eight percent of drivers confessed to operating vehicles with pets on their laps.
Drivers have enough distractions and rapidly changing laws to follow while driving, so no matter the destination, it is important to secure pets when they come along for the ride. Not only is it safer for the animals to be restrained in case an accident occurs, but large pets can also put pressure on drivers or passengers in a car crash.
If you or a loved one is injured or killed in a crash involving driver distraction by a pet or other device, contact an experienced Arizona personal injury attorney to discuss your rights and options. A lawyer versed in laws that may apply to punishing distracted drivers may be able to help you recover from any accidents or injuries.
]]>One of the steps many states have taken to curb distracted drivers is to ban texting while driving and, in general, the use of electronic devices while driving. The idea is that if drivers - especially young people - are banned from texting, their attention will be more fully on the road in front of them and the cars around them. There is some question, however, over whether such bans work.
]]> A study conducted by the Highway Loss Data Institute finds that state laws banning wireless calling or texting while driving have not resulted in fewer vehicle accidents.The study examined insurance claims from crashes before and after such bans took effect in a number of states. According to the organization, accident rates did not gone down after the laws were enacted. In fact, the study finds no change in accident patterns compared with other states without bans on texting while driving.
Some have expressed concerns that laws banning texting while driving will be difficult to enforce, as law enforcement officials may have trouble identifying when drivers are texting.
Transportation Secretary Ray LaHood, who has been leading the charge against distracted driving, dismissed the study's conclusions as irresponsible. He has expressed concern that the study will lead people to conclude that talking on cell phones while driving is not dangerous.
]]>In compiling its rankings, AHSF compares each state's adherence to 15 different model highway safety laws. States can get credit for fully conforming to the recommended laws or for passing measures that partially conform to the models. In this most recent survey, Arizona is credited for adhering to only 4.5 of the recommended measures.
]]> Among those highway safety laws that Arizona has not enacted are a primary seat belt law; mandatory blood-alcohol testing for surviving drivers involved in a fatal accident; and a number of teen driving restrictions. While Arizona has taken steps to comply with the National Highway Traffic Safety Administration's recommendations on a mandatory booster seat law, according to the survey they still fall short of the model requirements.While the highway safety group ranked Arizona ahead of only South Dakota in terms of its highway safety laws, the news isn't all bad for the state. Just before the AHSF survey results were released, the Arizona Department of Public Safety (DPS) reported that they investigated fewer fatal collisions in 2009 than in any of the past 15 years. This decrease in fatal accident investigations comes in spite of the fact that the number of motorists travelling state highways in Arizona has increased, as has the number of miles patrolled by the Department of Public Safety's highway patrol officers.
The Department of Public Safety also announced that the number fatal collisions that the agency investigates dropped by almost 50 percent from 2006 to 2009. In highway accidents investigated by the agency, the number of personal injuries sustained also declined to levels lower than those seen since 1995.
]]>Anyone who drives or rides runs the risk of being in a serious accident. As we have learned in hundreds of cases, you never know when tragedy can strike. Every personal injury or wrongful death case we handle has its lessons -- for us as lawyers and for anyone interested in protecting their legal rights and staying as safe as possible. This blog is our vehicle for sharing those lessons and personal, informed observations we hope will benefit you.
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