Arizona Personal Injury Blog - Automobile Accidents

Oklahoma Commercial Trucking Accident Kills

Christy Thompson — Fri, 27 Nov 2009 17:42:39 GMT

A collision in Lincoln County, Oklahoma was the cause of Johnny Leemaster's death. It happens far too frequently and more so now than just about ever in US roadway history. Leemaster was operating a vehicle headed north down U.S. 177 while Justin Colley headed south down 177.

The fatal accident occurred when Colley attempted to pass a slow-moving commercial trucker ahead of him. In so doing, he collided with Leemaster. Both driver's attempted to swerve out of the other's way, but in the end, Leemaster ended paying with his life because a commercial trucker was unwilling to pull over to let faster moving vehicles pass.

An important detail of this story that should be strongly considered: state troopers noted there was a rolling fog during the time of the collision. As a commercial trucker with a specialized license, the operator of the rig assuredly knew better -- anyone who operates with a Class C license or higher is educated well enough about fog to know that even the most well lit vehicles are scarcely visible in a rolling fog.

Colley, who collided with Leemaster but lived, was every bit within his rights as a motorist to pass the commercial trucker. As motorists, we all have the legal right to pass a vehicle moving at a speed below the speed limit or far slower than the flow of traffic on an interstate roadway.

As a complete aside, whether Colley and other drivers had been behind the trucker or not, given the size of his load and rig, and the abhorrent weather conditions, this trucker was grossly irresponsible not to have pulled aside and to have waited for conditions to improve.

So the question is, why are there not more and better regulations in the commercial trucking industry? Because the road is a trucker's office; when he isn't moving, he isn't getting paid. Fatalities such as that of Leemaster, who probably just wanted to get home, and victims like Colley, the motorist who killed Leemaster because of the negligence of the trucker, should be taken so much more seriously than they are. Regulations that place a higher value on human life than monetary profit are way past due in the trucking business.

Accidents involving commercial vehicles grow in numbers every year. It's high time for some preventative measures and new, stricter regulation from within the trucking industry. A severe penalty for truckers driving in bad weather or not pulling over when unable to keep up with the flow of traffic may have saved Leemaster's life.

Originally posted at InjuryBoard by Christy Thompson

Pedestrian Accident in Phoenix brings up Personal Injury Question

Christy Thompson — Tue, 24 Nov 2009 14:00:28 GMT

On November 18, 2009 at approximately 3:45pm MST, an Arizona pedestrian was struck by a car in the Cave Creek, Phoenix area. To date, no witnesses or cameras have been able to concretely confirm whether the pedestrian was within the crosswalk or not.

I found this to be an interesting story for a couple of reasons. Most people who are not educated in the realm of personal injury have a notion that I think comes from some sort of urban legend. That notion is that the pedestrian always has the right-of-way. While this is most often the case, a person operating a motor vehicle has the better defense if that pedestrian was not in a crosswalk, and was in fact, crossing the street.

A pedestrian will most likely be held responsible for an accident if they are not in a crosswalk if they are hit by a car. It's that simple, perhaps unfortunately. At the same time, imagine the circumstances of the motorist — not on a cell phone or otherwise disengaged from his or her driving responsibility — but simply driving, when suddenly, someone just walks right into the road.

These are the facts we must consider when applying the law in a personal injury case that involves a pedestrian. Likewise, as attorneys that deal with personal injury law on a consistent basis, it is also our job to inform our clients and people in general that pedestrians do have rights, but they also have responsibilities.

Originally posted at InjuryBoard by Christy Thompson

Car Accident Preparation: Your Best Defense

Christy Thompson — Sun, 08 Nov 2009 02:24:27 GMT

When you've been in a bad car accident, there's plenty to handle that seems so overwhelming. Before talking to insurance companies or engaging legal counsel, there are a few things to consider for your own personal wellbeing and for your family.

Accident Preparation:

Anyone can have a car accident at any time. Prepare for this possibility by carrying a disposable camera in your glove box along with additional proof of medical and car insurance, any documentation of health issues, a list of emergency contacts, and a notepad and pen to document the particulars of the accident, including the insurance information of other parties involved in the accident and license plate numbers.

Medical Attention:

Whether or not you went to the emergency room, a full spectrum of physical assessments should be considered: do you need a CAT scan or MRI? Do you need X-rays? Before you do anything else, see your primary care physician to determine the breadth and depth of your injuries. Ensure that any change in your physical health caused by the accident are properly documented, and ask for copies from your health chart as you may need them for your attorney or insurance providers.

Mental Health:

Was the accident sufficiently severe to cause mental health issues? Did you lose a loved one? Was a child lost, or someone close to you injured seriously? Did you yourself sustain injury that will irreversibly change your daily life? If so, you will want to engage the services of a mental health professional, such as a psychologist, therapist or psychiatrist.

Physical Therapy:

If recommended by your health care professional or emergency room staff, physical therapy should begin as soon as soon as directed. Regardless of what may be going on legally or with insurance companies, make sure that you tend to the needs of your body by staying on schedule with prescribed physical therapy.

The Police Report:

Typically, a police report documenting the details of the car accident will be available within five to seven days of the occurrence. The report is retrievable from the police department within the jurisdiction where the accident occurred. Before agreeing to anything from yours or any other insurance company, get a copy of the police report. If you are physically unable to do this, a family member or friend can obtain the report for a nominal fee (usually five to seven dollars).

Your Final Will and Testament:

In the event of the worst case scenario, you want to make sure that all of your affairs are in order. Regardless of your age, if you operate a motor vehicle, having a final will and testament will behoove your family and ensure that your final wishes are met. No one wants to consider this possibility, but endeavor to consider how well served your family will be in your absence should such a catastrophe occur. A final will and testament could be what makes it possible for your loved ones to carry on more comfortably in the event of a tragedy.

This list of considerations will save a great deal of time for you and your family both before and after an accident and if you decide to engage legal counsel. Remember, before making any statements to any insurance companies in the event of a serious accident, enlist the assistance of a lawyer you can trust.

Originally posted at InjuryBoard by Christy Thompson

States Incentivized to Ban Texting While Driving

Christy Thompson — Wed, 04 Nov 2009 19:27:00 GMT

Two new bills introduced in the US Senate, the ALERT Drivers Act of 2009, and the Distracted Driving Prevention Act of 2009, propose to incentivize individual states to illegalize texting while driving.

It wasn't long ago that talking on a cell phone while operating a motor vehicle was considered the most dangerous use of a handheld device. With all the new applications such as cell phone Internet browsing, texting (SMS), photo texting (MMS), and e-mail applications available on devices such as the RIM BlackBerry and the Mac iPhone, a quick chat on a morning commute starts to seem a far lesser evil.

Texting and e-mailing while driving take the driver's eye off the road. This coupled with the mental distraction caused by focusing on a handset and responding to a priority e-mail from the boss, for example, have proven to be lethal uses of handheld devices.

The ALERT Drivers Act of 2009 (S.1536, introduced by Sen. Charles Schumer [D-NY]) proposes to lower fatalities and other car accidents caused by texting by calling individual states to action. How? By cutting federal funding for highways by 25% in states that do not enact a law prohibiting "writing, sending, or reading text messages or e-mails while operating a motor vehicle" (111th Congress, First Session).

The Distracted Driving Prevention Act of 2009 (S.1938, introduced by Sen. John Rockefeller [D-WV]) proposes to make the use of handheld devices a primary offense (meaning the driver does not have to be violating any other moving violations laws). S.1938 also proposes a minimum fine with heightened fines after multiple offenses, both criminal and civil penalties to vehicle operators who cause accidents while enaging their handheld devices, and penalties to minor drivers who are using cell phones in any capacity.

Both bills are still in their infancy -- the ALERT Drivers Act of 2009 was introduced in July of 2009 and was referred on the same day to the Committee for Senate Environment and Public Works. The Distracted Driving Prevention Act of 2009 was introduced on October 27, 2009 and was referred to the Committee on Commerce, Science, and Transportation just two days later on October 29, 2009.

Most of us who follow bills like these know that sadly they usually die in committee. For those who wish to support these and other bills regarding cell phone and texting-while-driving bills, visit www.opencongress.com and click "Support this Bill."

Auto accidents, including fatalities on US roads and highways can be greatly diminished by bills such as these that incentivize individual states to ban texting and e-mailing while driving. This could very well be a turning point in traffic safety laws that dramatically lowers car accident injury and death.

Originally posted at InjuryBoard by Christy Thompson

Look Both Ways: The Dangers of Pedestrian Accidents

Lauren Kay — Tue, 27 Oct 2009 22:42:40 GMT

When we think of car accidents, we usually think of vehicle-on-vehicle collisions. Unfortunately, for this 81 year-old Chicago man, some car accidents involve pedestrians, usually with fatal consequences:

An 81-year-old man died Tuesday after being struck by a car in the Gold Coast neighborhood 17 days earlier, officials said.

Saul Carb, of the 900 block of North Lake Shore Drive, was pronounced dead at Northwestern Memorial Hospital on Tuesday at 12:37 p.m., according to the Cook County medical examiner's office. An autopsy determined that he died from his injuries from the accident.

Chicago Police News Affairs Officer Robert Perez said Carb was a pedestrian when he was struck by a Ford Escape sport utility vehicle at 980 N. Michigan Avenue at about 7:49 p.m. Sept. 20.

Car accidents that involve pedestrians are obviously much more dangerous to the people outside the car than to the people inside the car, and every year in America about 70,000 pedestrians are either killed or seriously injured. While pedestrian accidents don't make up a vast majority of car accident fatalities annually (only about 11%), they are the second most common cause of motor vehicle death.

There are two main causes for car-pedestrian collisions: pedestrian error and driver error. Pedestrian error usually involves the pedestrian disregarding traffic lights, jaywalking, or children darting into traffic (which can endanger both the child and the pursuing parent or guardian). Driver error also stems from the disregard of traffic signals and laws, but it also comes from a lack of attention paid by the driver to people that are already in the road. Not surprisingly, driving while under the influence can cause pedestrian accidents very easily.

Other factors that can contribute to a pedestrian accident include:

-Time of day (45% of all pedestrian accidents occur from 6 pm- midnight)

-Day of the week (risk is much greater on a Friday, Saturday or Sunday)

- Age (children under 16 are the most likely to be victims of a pedestrian accident)

- Speed of the vehicle (the faster the vehicle is going, the less likely it will be able to stop before a collision, and the more likely it is that the collision will be fatal to the pedestrian)

A car-pedestrian collision is traumatic for both the driver and the pedestrian. Obviously, no one wants to be struck by a moving vehicle, but no one wants to bear the guilt and shame of having injured another human being either. Simple precautions on both ends can help prevent a disaster. Pedestrians should always obey traffic signals and walk in designated crosswalks, only when it is safe. Pedestrians who are accompanied by small children should be especially careful not to let the child run into traffic. Drivers should always be attentive to the road, follow speeding and traffic laws, and drive soberly, especially in the evenings and late at night, when it is harder to see the road. As with all types of vehicular accidents, pedestrian accidents are easily avoidable, if we just use our heads.

Originally posted at InjuryBoard by Lauren Kay

Car Accidents: Statistics and Safety Tips

Lauren Kay — Tue, 27 Oct 2009 22:04:37 GMT

No matter where you live, or how old you are, you or someone you love have probably been affected by a car accident. In fact, in any given 5-year period, 25% of drivers are directly involved in a car accident. Every year, there are over 6 million car accidents in America, resulting in 40,000 deaths annually. These statistics are staggering, and help to reinforce how important car safety is. Let’s look at some car accident facts, and some ideas on how you can stay safe while driving in a car.

Statistics

I’ll give you the good news first: In 2008, the number of car crash fatalities was the lowest America has seen since 1961, and those numbers have continued to drop into 2009.

Unfortunately, these lower numbers are still very high: over 37,000 people died and 2.35 million people were injured in 2008 in car crashes. Car accidents are the most common cause of death, the most deadly source of personal injury, and they are the number one cause of acquired disability in the world.

There are multiple types of car accidents, such as head-on collisions, rear-enders, and side-impacts, but the most deadly type of accident is the vehicle rollover. Sports cars and hatchbacks are the most prone to accidents. Interestingly, most accidents occur less than 5 miles from home, perhaps because drivers become less concerned with the drive and more concerned with getting home quickly.

Other factors that can significantly affect one’s chances of being in a car accident are:

-Alcohol (40% of fatal crashes involve alcohol)
-Gender (men may cause twice as many accidents as women)
-Age (16-20 year olds are more likely to be injured or killed in a car crash than any other age group, and 5,000 teens die every year from car accidents)
-Cell phones (your odds of getting into a car crash increase 400% if you are talking on a cell phone while driving)

How to Stay Safe

There are many things you can do to help keep you and your family safe on the road. Here are some helpful safety tips:

-Do not drink and drive
-Always focus on your surroundings, no matter how close to home you are
-Always wear a seat belt (55% of people killed in 2008 car crashes were not wearing seat belts)
-Save cell phone conversations and texting for when you are not driving
-Do not drive aggressively (this may be why men are twice as likely to cause accidents as women)
-Make sure all teenage drivers in your home have been adequately prepared for the dangers of the road, maybe by giving them extra driving lessons before and after they are given their license

These simple precautions could keep you from being in a costly car accident, and can help keep you and your family safe on the road.

Originally posted at InjuryBoard by Lauren Kay

Intoxicated Scottsdale Man Smashes Three Patrol Cars

Chrissie Cole — Thu, 27 Aug 2009 15:16:00 GMT

A rowdy scene at Jade Palace restaurant in Scottsdale ended with one arrest and five wrecked cars on Wednesday night.

According to Scottsdale police, officers arrived at the restaurant and found Erin Bryant, 31, asleep in his pickup truck.

When officers approached the driver's window, Bryant began to back up and rammed into a police officer's patrol car, which struck two other vehicles in the parking lot, police said.

Bryant reversed direction and drove onto the hood of a second police car, and a third police vehicle -- a full-size SUV -- pinned Bryant's truck against the other cars, police said.

Officers continued to try and talk with Bryant but he physically resisted and police used a Taser stun gun to contain him.

While no one was injured, three police and two civilian vehicles sustained thousands of dollars in damage.

Bryant was arrested on several charges including driving under the influence, aggravated DUI, driving with a suspended license and more.

Originally posted at InjuryBoard by Chrissie Cole

Phoenix Fire Captain Injured In Multi-Vehicle Collision

Chrissie Cole — Fri, 14 Aug 2009 22:55:00 GMT

A Phoenix Fire Department captain is in critical but stable condition due to injuries she sustained in an 11-vehicle crash along Interstate 17 Monday evening.

Ten people and fire crew were injured in the crash which involved a fire engine, according to authorities.

The fire captain, 49 and another woman, 23, were taken to a Valley hospital in critical condition. The other nine people injured suffered minor injuries.

The fire truck was responding to a house fire and was heading east on Dunlap Avenue. At about 6:04 p.m. a vehicle traveling northbound struck the fire truck, hitting the apparatus near the fire captain’s door.

The force of the crash sent the fire truck up over the median and in the westbound lanes of Dunlap Avenue.

Originally posted at InjuryBoard by Chrissie Cole

Driver Arrested For Manslaughter In Fatal Crash

Chrissie Cole — Tue, 17 Feb 2009 22:46:00 GMT

The driver of a vehicle involved in a fatal car accident on February, 8 in Scottsdale, has been charged with manslaughter.

The woman, 25, of Phoenix, was arrested last week after being treated and released from the hospital following the accident, according to police.

She was charged with one count of manslaughter and three counts of endangerment.

The investigation is still ongoing but police believe alcohol was likely involved in the accident which occurred at 6:00 a.m. when she rear-ended a Ford van at the intersection of Cactus and Scottsdale with her Saturn.

The backseat passenger of her vehicle, a woman, 24, was taken to John C. Lincoln North Mountain Hospital where she later died.

Another passenger also inside the Saturn, 35, of Mesa, was booked on one count of trespassing after fleeing the scene of the accident and being taken into custody in a nearby yard, police said.

Originally posted at InjuryBoard by Chrissie Cole

Four Dead in Pickup Truck Accident Carrying Illegal Immigrants

Jenny Albano — Mon, 28 Apr 2008 02:22:35 GMT

A pickup truck crashed Sunday morning, April 27, killing four of its passengers. The vehicle was carrying as many as 60 people when it rolled over in a remote part of Arizona.

Investigators believe that the people in the pickup truck were illegal immigrants. The truck was driving from 50 to 60 people and 20 to 30 people fled the scene of the accident into the desert. So far none of the passengers who fled have been found.

So far there have not been any arrests made, but police officers are looking for the driver of the vehicle who fled the scene as well.

Helicopters flew 18 injured passengers to area hospitals in Phoenix and Tucson and nine were ground transported to Phoenix and Tucson hospitals, White said. The four who died were all males. The investigation is on going, but it is believed that speed was the ultimate factor in the rollover and alcohol could have been a factor.

The accident occurred at around 5:30 a.m. Sunday morning near Arizona city, which is 60 miles south of Phoenix.

Originally posted at InjuryBoard by Jenny Albano