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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

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

Officer Dies in Bush Motorcade Accident

Jenny Albano — Mon, 27 Aug 2007 22:46:02 GMT

A police officer died Monday, August 26, in a motorcycle accident that took place during President Bush's motorcade to the Albuquerque airport.

Rio Rancho Officer Germaine Casey, 40, crashed at the Albuquerque airport at a point where a road enters an underground parking garage

Casey was pronounced dead at a local Albuquerque hospital.

According to Trish Hoffman, an Albuquerque Police Department spokesperson, "Any time there is a presidential motorcade, the officers, that's part of their job, they drive at a high rate of speed."

Spectators told authorities that the motorcycle first hit a curb and then hit a tree. The motorcycle appeared to be nearly destroyed and the officer fell to the ground, where he was eventually helped by an emergency medical technician.

The motorcycle was near the front of the motorcade, and the president saw the wreck as he drove by on the way to the airport after attending a fundraiser for Sen. Pete Domenici, R-N.M. Investigators are going to have a full investigation about the cause of the crash.

For more information on this subject, please refer to our section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Jenny Albano

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

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

Phoenix Bans Texting While Driving

Staff Writer — Mon, 24 Sep 2007 08:41:16 GMT

Last week, Phoenix became the first city in the nation to ban text messaging while driving. Based on dangers associated with distracted driving, city officials concluded that the dangers of text messaging while driving outweigh any possible public benefits. For the next thirty days, police officers and other public officials will notify and educate drivers about the dangers of texting while driving and the civil penalty imposed of up to $100 if you are caught texting and driving.

Other cities have been quick to follow with similar proposals to ban texting. In fact, the City of Scottsdale Transportation Committee may recommend to the Scottsdale City Council that it enact a similar ban based on a goal of reducing driver distractions which can lead to collisions.

How will police enforce such a ban? While we can appreciate the goal of reducing collisions caused by driver distractions, will the ban actually accomplish this goal? Perhaps it might. However, I am not sure drivers will change texting behavior as a result of the recent City Council action. I would guess that younger drivers use text messaging features on their wireless phones more than any other class of drivers in our state. Perhaps other oversight actions such as raising the legal driving age to eighteen may accomplish similar objectives backed by easier enforcement. What do you think? Do you believe this ban will affect driver behavior? Will it discourage you from getting into your vehicle and typing a text message on your phone while you are driving down Central Avenue in Phoenix? Let me know your thoughts.

For more information on this subject matter, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Staff Writer

No Personal Jurisdiction Over Across-the-Border Bar That Overserves Patron Killing Arizona Pedestrian

Geoff Trachtenberg — Fri, 29 Feb 2008 12:34:51 GMT

Interesting and disappointing personal jurisdiction memo opinion from Division One, Womack v. KC Arena. In short, KC operates a bar on the Nevada side of the Arizona-Nevada border, over served a patron who then drove across the state line and killed an Arizona pedestrian. Moreover, plaintiffs asserted that KC employees knew the patron lived in Bullhead City and that he would return there after he left the facility.

KC filed a motion to dismiss based upon a lack of personal jurisdiction. The plaintiffs opposed the motion, asserted general and specific personal jurisdiction, and (smartly) requested the opportunity to conduct discovery on the issue of personal jurisdiction. The trial court, however, granted KC's motion and Division One affirmed!

General personal jurisdiction over any claim against a defendant arises when the defendant has "substantial" or "continuous and systematic" contacts with the state. Though the record contained evidence that KC (1) advertises on television broadcasts in Arizona; (2) lists its establishment in various Arizona telephone directories; (3) employs Arizona residents; and (4) maintained an interactive website that has a "chat room" and solicits email, the Court of Appeals determined that these contacts were insufficient for general personal jurisdiction (they claimed to ignore the website since it was not, apparently, raised in the trial court).

Specific personal jurisdiction over a related claim against a defendant arises when (1) the defendant performed some act or consummated some transaction with the state by which it "purposefully availed" itself of the privilege of conducting activities in the forum state; (2) the claim "arises out of or relates to" the defendant's forum-related activities; and (3) the exercise of jurisdiction would be reasonable. KC argued that there was not a sufficient nexus between the plaintiffs' claim and KC's contacts with Arizona - namely, its local television advertising and telephone directory listings - to support the exercise of specific jurisdiction because those contacts are unrelated to the events giving rise to the plaintiffs' claims. The Court essentially agreed, focusing particularly on the fact that the events giving rise to the liability occurred in Nevada and that the location of the "injury causing event" in Arizona was irrelevant.

The Court also affirmed the trial court's exercise of discretion in denying the plaintiffs an opportunity to conduct discovery because, in essence, the Court concluded that the additional discovery would not have made a difference in the analysis. Don't you love that kind of logic - speculating on the outcome of the appeal based upon discovery that was not allowed?

Personally, Judge Barker's concurrence makes the most sense to me:

KC runs a bar that is immediately across the river from Arizona. Certainly, the business of the bar, and plaintiffs' claim, "relate[] to" the steady stream of patrons that come to the bar from Arizona and re-enter Arizona after frequenting the bar's premises. KC chose to locate its bar in that location. It initiated those contacts. It should not be jurisdictionally immune from the impact that it is having on Arizona residents when it sends intoxicated drivers onto Arizona highways.

But, alas, it is so immune.

Originally posted at InjuryBoard by Geoff Trachtenberg

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

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

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