Dave Abels, Author at Abels & Annes, P.C.

2 Year Old Boy Drowns in Swimming Pool

Swimming pools are a common site in Phoenix and across the valley. The warm temperatures year-round makes pools a desired addition to many households and can provide a nice way to cool off in the summer months. Though pools are popular with residents of all ages, their popularity is particularly high among adults who either have young children or who care for young children on a regular basis. Many children love to swim and it can be a great way for kids to get exercise while spending some time outdoors.

Unfortunately, though, having a swimming pool also presents a serious risk to swimmers of all ages. Swimming pool accidents are responsible for numerous injuries and several deaths in Phoenix alone every year. And of all the victims of swimming pool accidents, young children are particularly vulnerable to accidental drownings.

When a property owner, caregiver, or operator of a local public or private pool fails to take appropriate steps to ensure the safety of others, they may be held to be liable for any injuries that result from the use of their pool, whether the victim was an intended user of the pool or a trespasser. In fact, all pool owners owe a duty to act safely and to comply with local laws regarding the use and protection of their pools. In Phoenix, this includes the use of fencing with latching gates and other measures that are designed to keep small children away from pools without adult supervision. Failing to protect others from a pool can leave the owner legally liable for the damages caused by the pool including any medical bills incurred by a victim or even the loss suffered by the family of a victim who drowns.

Tragically, authorities have reported that a two-year-old boy drown in a backyard swimming pool in Anthem yesterday. They believe that the boy was underwater for nearly 5 minutes before he was found and pulled out of the pool, at which point he was unresponsive. Paramedics were called and transported the child to an area hospital but he did not survive, despite efforts to perform CPR on the child after he was removed from the pool.
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Truck and Motorcycle Collide, Leaving 1 Dead in Casa Grande

by Dave Abels

The number of motorcyclists killed every year continues to rise in the United States with over 4,500 riders killed in 2010 alone. Phoenix and other parts of Arizona experience their fair share of these fatal accidents because motorcycles are such a popular means of transportation across the state. Though motorcyclists have the same rights and responsibilities as other riders on the road, they are often ignored, leading to a potentially dangerous situation where an innocent rider can be injured or killed in a crash.

When a biker gets hurt through the fault of another person, that biker may be entitled to seek relief for his or her injuries through a civil claim. These claims are available regardless of whether the other driver was charged or received a ticket in the accident because the claims are separate from any brought by the State of Arizona. Speaking with an injury lawyer who handles motorcycle accident cases is the best way to understand your legal options after a crash has left you hurt.

Unfortunately a motorcyclist lost his life on Saturday night in a collision with a pickup truck. The crash occurred in Casa Grande near the intersection of Florence Boulevard and Colorado Street and at this time, authorities believe that the driver of the pickup truck may be to blame.

Police have alleged that both motorists had a green light but that the driver of the pickup truck, a 42-year-old individual, pulled out in front of the motorcycle, causing a crash between the two vehicles sometime after 6:00 p.m. Police and emergency medical personnel responded to the accident scene but unfortunately, the injuries sustained by the biker were too severe and he was pronounced dead.

The driver of the pickup truck was arrested and charged with causing death by a vehicle, a crime which could result in incarceration if the driver is convicted. At this time, the investigation into the crash continues and police have not speculated as to why the driver of the pickup truck may have pulled out in front of the biker in the first place.
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Phoenix Truck Crash Leaves 2 Hurt

by Dave Abels

On average, a semi truck travel more miles every year than a passenger car, particularly on highways and freeways as they move product from one location to another. Though they travel a lot of miles, semi trucks are involved in fewer accidents per mile than most other drivers. This, in part, is due to stricter requirements for truck drivers as well as addition required training.

But semi truck accidents still occur, some in Phoenix and the surrounding areas. And when a semi truck is involved in a crash, often the results are serious. The large size and weight of a semi truck means that it causes more damage than other vehicles when it is involved in an accident. In addition to any damage done to a car, a semi crash can also leave those involved with serious or even fatal injuries. Speaking with an injury lawyer after a crash is the best way to learn about the legal options if you have been hurt in an accident.

Police in Phoenix were called to the scene of an accident on Wednesday morning that involved a pickup truck and a semi near the intersection of 7th Avenue and a frontage road for I-17. Police believe that the two vehicles collided while traveling in different directions. According to the driver of the semi, he was eastbound and had a green light when the oncoming pickup truck collided with his vehicle. It is not clear whether there are any independent witnesses to the collision that can confirm or deny this version of events.

In addition to police, emergency crews responded to the crash and transported the driver and the passenger in the pickup to area hospitals for evaluation and treatment of their injuries. Their current conditions remain unknown.

Police are still investigating the crash and trying to determine if the pickup ran a red light, and if so, why. Reportedly they are considering all possible scenarios including whether alcohol may have played a factor in the accident.
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Driver Caused 3 Car Crash After Falling Asleep Behind the Wheel

by Dave Abels

Studies routinely show that drowsy or tired drivers can be extremely dangerous on the road. They are more likely to run stops signs and red lights, fail to yield to oncoming traffic, and cause a collision than drivers who are properly rested. Despite all the risks, tired drivers are on the roads of Phoenix every day, posing a risk to themselves, their passengers, and others on the road.

Often, a tired or sleepy driver makes mistakes that result in violations of traffic laws. Any of these can lead to a ticket issued by police or even charges brought by the State of Arizona. In addition, though, a driver who causes an accident may be held liable for any damages that result. That can include the medical bills and pain and suffering endured by anyone hurt in an accident, regardless of whether that victim was in the same car as the negligent driver or another vehicle. Speaking with an injury lawyer who handles cases in Phoenix or the surrounding areas is the best way to understand your legal rights after a crash.

Though still early in the investigation, Yuma County Sheriff Officers believe that a three car collision may have been caused by a driver who fell asleep behind the wheel on Saturday. Officials believe that a 35-year-old man driving a Honda was traveling northbound on Highway 95 when he approached an area blocked off by Cocopah police officers who were investigating a prior fatal accident. The Honda driver reportedly stated that he fell asleep behind the wheel before he collided with a marked police vehicle and pushing it into a second police vehicle. A volunteer in the area had been directing traffic when the collision occurred. His leg was pinned between two of the vehicles involved and he needed emergency medical treatment. One of the officers involved was also injured but both victims are expected to survive.

The driver of the Honda has been cited for his role in the collision and may face additional charges depending on the outcome of the investigation. He refused medical treatment at the scene.
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Chevy and Pontiac Recall Underway for Cobalt, G5

by Dave Abels

When buying a new or used car, most drivers believe that the car they are purchasing will be safe and free from defects, and often, that is exactly what happens. But sometimes, a car may be designed with a flaw or an error that can lead to a serious complication or even a crash. When these issues are discovered, often manufacturers issue a recall, or a notice to all owners that the car should be serviced to eliminate the issue. These recalls can save lives but often they do not happen until after some drivers have been involved in car accidents, either sustaining injuries or even losing their lives.

Flaws in manufacturing or in design can lead to single or multi-vehicle accidents and can cause serious injuries. When a crash is due to the negligence of a manufacturer, local and federal laws may hold that automobile manufacturer liable for the damages that result, including the medical bills any victims are forced to incur and the pain and suffering they must endure. These claims can be complicated so it is best to speak with a personal injury lawyer in the Phoenix area who understands car accidents and will be able to help you realize whether you may be entitled to relief.

General Motors recently recalled nearly 800,000 of its automobiles for problems that can cause the airbags not to deploy in a collision. The recall covers Chevrolet Cobalts and Pontiac G5s with model years 2005-2007. Over 600,000 of the recalled vehicles were sold in the United States with the remaining recalled models having been sold in Canada or Mexico.

GM has acknowledged that 22 collisions have occurred where the airbags in the vehicles recalled did not deploy, with five of those accidents resulting in six fatalities. According to GM, all of the incidents occurred when the vehicles were being driven in an off-road manner, either across dirt or rough terrain, and GM notes that the vehicles were not intended to be off-road cars.

The ignition switch will be replaced in the recalled vehicles because currently, anything dangling from the key in use can be enough to trigger a shift in the ignition position from running to off, meaning that a key chain could cause the engine to turn off if the car hit a large enough bump. When the engine turns off, the airbags are nonfunctional, and therefore in any resulting crash, the airbags would not deploy. GM intends to switch the ignitions in the affected vehicles so that a bump would not trigger a switch in ignition position and therefore could not turn off the engine and other electronics.
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Speed a Factor in Phoenix Car Crash

by Dave Abels

Speed is one of the biggest factors that lead to car accidents across the nation. By some expert estimates, speed is believed to be involved in approximately 50 percent of all collisions, and this includes those that happen in Phoenix and across Arizona. Many drivers who otherwise follow the rules are willing to speed even though they are not willing to drive distracted, ignore red lights, or follow a vehicle too closely. But in the end, speeding does its part to risk the safety of everyone on the road.

Speeding can lead to other dangerous factors like not leaving enough space to stop. Daily, the rush hour traffic in Phoenix experiences these types of collisions where a speeding driver gets caught in slowing traffic and does not have the ability to stop in time, leading to a rear-end crash. Though just slowing down a few miles an hour may prevent some of these accidents, a lot of drivers continue to speed while behind the wheel.

Speed becomes a serious factor when it is extreme and significantly in excess of the posted speed limit for an area. If early reports are true, that was the case early this morning in Phoenix and it led to a serious crash between an SUV and a car. Beginning around 2:00 a.m., police were informed of an SUV traveling in the area of 51st Avenue and Bell Road that motorists believed was speeding excessively. Officers were looking for the SUV when it was spotted in the area. A police officer reportedly witnessed the SUV run a red light at the intersection and strike a passenger car. The officer believed the SUV was traveling at approximately 80 miles per hour, far in excess of the speed allowed in the area.

The crash left both drivers seriously injured and in need of emergency medical treatment. Both individuals were transported to area hospitals with the driver of the SUV in serious condition and the driver of the car in extremely serious condition. It is not clear whether the driver of the car will survive.

The area surrounding the crash was closed for several hours as police began an initial investigation into the incident. Their investigation is ongoing and they are currently attempting to determine why the SUV was traveling as fast as reported by witnesses. It is unknown whether any traffic citations have been or will be issued to either driver.
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SUV Strikes Husband and Wife while they Walked to Volunteer

by Dave Abels

A crosswalk is an area for pedestrians to cross a street or other path generally used by vehicles. When they are in a crosswalk, pedestrians generally have the right-of-way, meaning that vehicles in the area must yield to the pedestrians and wait until they have cleared the area before the vehicle can proceed. Failing to adhere to this right-of-way can lead to collisions between vehicles and people and almost always leads to injuries among those pedestrians who are hit. When compared to the size and weight of a car, a pedestrian does not stand much of a chance in a collision.

There are times where a pedestrian may not have the right-of-way in a crosswalk and may have to yield to a vehicle. Many of these situations occur at intersections controlled by both traffic lights and pedestrian lights. In those cases, pedestrians are only authorized to cross when the pedestrian light indicates it is safe to do so. Crossing at any other time may violate a vehicle’s right-of-way.

Though it is possible for a pedestrian to be at-fault for a crash with a vehicle, in the majority of accidents, the driver of the vehicle is the one to properly blame. Drivers who are distracted or who otherwise fail to pay attention to the road and to traffic may not notice a pedestrian or may fail to yield, potentially causing a crash. When a driver is negligence and an accident occurs, any pedestrian injured in that crash may be entitled to seek financial relief for the damages they incurred. Speaking with an injury lawyer who handles cases involving pedestrian accidents is the best way to understand whether you are entitled to compensation.

Police in Gilbert have reported a tragic accident involving two pedestrians and an SUV that occurred on Saturday evening. Reportedly, a husband and wife were walking in a pedestrian crosswalk on their way to volunteer as tour guides at the new temple of the Church of Jesus Christ of Latter-Day Saints on South Greenfield Road. An SUV in the area reportedly collided with the couple while they were within the crosswalk and drove over the woman, trapping her underneath. Her husband and several passersby in the area picked up the SUV and removed it from the woman, freeing her body so that she could be transported to an area hospital. As of Sunday evening, the woman’s condition remained critical and it was not clear whether she would survive.

Police have not yet determined why the SUV and the pedestrians collided and whether negligence or impairment played a factor in the crash but they are continuing to investigate all possible scenarios.
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Parking Lot Crash in Tucson Leaves 3 Pedestrians Injured

by Dave Abels

Drivers commonly know that in many situations, pedestrians have the right-of-way over vehicles where authorized by law. This means that drivers are required to let pedestrians proceed first before advancing their vehicles so that everyone remains safe and collisions can be avoided. Pedestrians who are involved in accidents with cars are very likely to suffer injuries so looking out for the safety of those walking is very important to everyone in Phoenix and in Arizona.

Pedestrian accidents usually result from the failure either of a pedestrian or of a driver to observe the rules of the road. For example, a pedestrian who crosses traffic without the right-of-way may be liable for a crash and a driver who does not yield to a pedestrian while turning right may also be responsible. Some accidents can be difficult to determine which individual, if any, were liable and who should be found at-fault in the crash. Speaking with a lawyer who represents pedestrian injury victims may be the best way to understand the legal implications of a crash, including whether you may be entitled to financial compensation for your damages.

An accident occurred in Tucson on Wednesday afternoon between an SUV and three pedestrians with police suspecting that the driver was at-fault for the crash. According to authorities and witnesses, the driver of the SUV was backing up into a parking spot outside a fast food restaurant on University Boulevard when the driver failed to stop. The SUV backed up too far and jumped the curb, colliding with an outdoor bench and pushing it towards the restaurant’s storefront.

Three people were on the sidewalk at the time of the incident and were hurt. The extent of their injuries is not currently known but all were expected to survive. It is also not clear whether a direct collision with the SUV caused their injuries or if they were hurt by the moving bench.

Local police responded to the scene and conducted an initial investigation with follow up continuing at this time. Through their investigation, police hope to learn why the driver failed to stop and why the driver struck the bench, leading to the injuries that resulted.
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Five Injured in Gilbert Car Crash

by Dave Abels

Accidents can happen at any time and on any type of road but the greater the traffic in the area, often the more likely that a collision will occur. In highly populated areas like Phoenix and the surrounding cities in the valley, rush hour traffic conditions are often associated with a high risk for a crash. This is especially true along roads known for traffic backups and the freeways, including the Loop 101 and 202.

Though accidents can happen to anyone, the fact remains that the majority of car accidents are caused by some form of negligence on the part of one or more drivers. Drivers who are distracted behind the wheel or who otherwise fail to pay attention the road are many times more likely to be involved in an accident than those who are focused on driving and who put safety first. Some studies have reported that speed is a factor in 50 percent of all car accidents because speeding limits a driver’s ability to react quickly and avoid hazards. Regardless of what action caused a crash, if the accident was due to the fault of another, any victims of the crash may be entitled to relief. Speaking with a lawyer who handles car accident claims is the best way to learn whether you have a valid claim following your accident.

Authorities are still trying to sort out the facts of an accident that happened this morning in Gilbert and that left five people injured. At this time, police believe that five vehicles were involved near Queen Creek and Higley and that the crash included a dump truck. Emergency crews responded to the scene of the collision and were able to transport three of the five victims to area hospitals by ambulance. The other two victims were so severely injured that they had to be transported by helicopter. The current conditions of those injured in the crash is not known.

As the investigation into the crash continues, police will try to determine whether the actions of one or more drivers led to the collision and whether any citations should be issued as a result. But regardless of whether tickets are issued, those injured in collisions like this one may still be entitled to relief.
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Rear-End Crash in Phoenix Leaves 4 Hurt, Including 3 Children

by Dave Abels

Rear-end accidents are one of the most common forms of collisions across the country. Some rear-end accidents are minor and result only in damage to the vehicles involved but others are serious and can leave victims with permanent injuries or even death. Often, the circumstances immediately before an impact, including the speed of the vehicles involved and the size and type of vehicles, has a direct affect on the results of the crash.

Most, though not all, rear-end crashes are due to the negligence of one or more drivers. Often, motorists are distracted behind the wheel and are focused on something other than the road, which leaves them unable to notice traffic slowing to a stop or a change in traffic patterns ahead. This can lead to a distracted driver rear-ending another vehicle if the distracted driver is unable to stop in time.

Heavy traffic is often a trigger for rear-end crashes because the traffic can turn to stop-and-go with little warning. Even a slight distraction can keep a driver’s attention away from other vehicles and can lead to an impact. With rush hour traffic in Phoenix and the surrounding cities leading to significant congestion, it may not be surprising that many rear-end crashes occur as well.

When a car accident is caused by the fault or negligence of a driver, the victims who are hurt in the accident may be entitled to seek relief against the responsible driver. The laws of Arizona provide victims with this right so that those who have been harmed can receive monetary awards to cover expenses like medical bills and lost wages. This type of claim is separate and distinct from any charges brought by the local police or prosecutor and these claims can exist even if an at-fault driver did not receive a ticket. Speaking with an injury attorney in Phoenix is the best way to understand whether you were involved in an accident that provided you with the right to seek relief.

Authorities are not yet sure of what caused a rear-end crash in Phoenix yesterday but they are investigating the incident which occurred on an off ramp from I-10. Police reported that the crash happened near 59th Street and that two vehicles, a white Jeep and a black sedan, were involved. Police believe that the Jeep was stopped at a red light and that the sedan failed to slow or stop in time, causing the sedan to strike the rear of the Jeep.
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