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

New Push for Statewide Ban on Texting while Driving

Driving while distracted is already a violation of many local and state laws throughout Arizona but in recent years, many have argued that as written, the law is not specific enough to give police the authority to crack down on negligent behavior. In recent years, many lawmakers and public officials have pushed for laws that specifically ban texting while driving, one of the most dangerous and widespread behaviors to emerge in recent years.

Texting while driving requires a driver to take his or her hands off the wheel to operate a cell phone as well as taking his or her eyes off the road to look at the phone’s screen. Studies have shown that texting while driving is just as dangerous if not more so than driving while under the influence of alcohol, yet to many drivers, the dangers associated with texting behind the wheel do not seem real.

The National Safety Council estimates that 1.3 million accidents every year are the result of texting while driving. The average text message requires a driver to look away from the road for 4.6 seconds which is approximately the length of a football field if the driver is traveling at 55 miles per hour. A lot can happen in 4.6 seconds and a driver who is not paying attention to the road and to traffic may cause a collision. In fact, research has shown that texting drivers are 23 times more likely to cause a collision than those who are not texting.

With so much research now highlighting the dangers of texting while driving, a new push is being made to specifically outlaw the practice in Arizona. State representative Victoria Steele of Tucson is the latest to propose new legislation on the matter. Her motivation for the proposed change in law was the accident last year between a distracted truck driver and a Department of Public Safety officer that left the officer dead. The semi truck driver is believed to have been looking at photos of women on his cell phone at the time his truck struck the stopped officer’s car, leading to the officer’s death. In that case, the semi driver is facing multiple charges, including murder.
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Charges Brought Against Suspect Driver for Fatal Crash with Pedestrian

by Dave Abels

According to the Arizona Department of Transportation, there were 11,762 hit-and-run accidents in 2012 alone. This means that 11,762 drivers were involved in a collision with another car, a motorcycle, a bicycle, a pedestrian, or even a fixed object and yet they failed to stay at the scene of the crash to speak with police or other officials. Through these hit-and-run collisions, at least 3,112 people were injured and 37 people were killed.

Drivers who flee the scene of an accident are not only breaking state and local laws but they are also risking the health and safety of the victims of those collisions. After an accident, a victim may be unconscious or unable to move freely, potentially limiting or eliminating that victim’s ability to call for help. Sometimes, the driver fleeing the scene is the only one involved that is capable of requesting help but for some reason, the driver does not do so and leaves the accident. This can prevent medical personnel from responding to victims or delay a response, potentially worsening a victim’s injuries or even leading to death.

The risks associated with a hit-and-run crash are so serious that being involved in one can lead to significant charges, even if the fleeing driver was not responsible for the original collision. On top of any criminal or traffic charges brought against that driver, there exists the possibility that the victims of a crash will bring a civil claim for their damages which lets victims seek compensation from an at-fault party. Speaking with an injury lawyer is the best way to learn about your legal rights following an accident.

Sheriff’s deputies in Yuma County responded to a fatal collision on Sunday that involved a fleeing automobile and a pedestrian. According to authorities, an SUV was traveling along Highway 95 when the driver came upon a pedestrian walking on the side of the highway. For reasons that are not yet known, the SUV struck the pedestrian, causing a serious collision that left the pedestrian dead. The driver of the SUV fled the scene.
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Drunk Driver Hits 2 Cars and a Pedestrian near Tempe Walmart

by Dave Abels

Driving under the influence of alcohol or drugs is illegal in Phoenix just like it is in every city and in every state across the nation. Despite the illegality of the activity, every year, thousands of drivers in the greater Phoenix area get behind the wheel of a vehicle when they are impaired and they should abstain from driving. Some of these offenders are caught before they can hurt anyone else but too often, a collision occurs first and an innocent victim is left behind to deal with pain, suffering, and medical bills that should never have been necessary.

Few people run out for groceries and think about their personal safety walking into and out of the store, but one valley woman may be thinking differently after an unusual accident left her seriously injured outside of a Tempe Walmart.

Police reported a crash that involved two vehicles at the intersection of South Rural Road and East Southern Avenue in Tempe. The driver believed to have caused that collision fled the scene and drove through a nearby Walmart’s parking lot in an attempt to escape before police responded. The driver, a 31-year-old woman, hit a curb and collided with a Mazda in or near the parking lot. The force of the collision pushed the Mazda into a truck that was waiting to turn into the parking lot and it also caused the Mazda to collide with a female shopper who was leaving the store. The shopper was on foot and suffered serious injuries in the crash.

Police believe the driver was under the influence of alcohol and/or drugs at the time of the collisions.

The 31-year-old driver that caused both collisions has been arrested and now faces multiple charges including leaving the scene of an accident, super extreme driving under the influence, aggravated assault, and multiple counts of endangerment.

While it is easy to see the dangers that a drunk driver poses to other motorists on the roads, many people fail to consider the dangers posed to others, including pedestrians. But driving under the influence of alcohol or drugs poses a risk to everyone in the area, whether they are driving, walking, or riding a bicycle or motorcycle. That is one of the reasons that the laws in Phoenix make driving impaired illegal.
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Maricopa County Drownings Decreased in 2013

by Dave Abels

Phoenix and the surrounding cities are known nationally for having a large number of public and private pools, a fact also known to most members of the community. With the scorching heat of the summer and the temperate climate during the spring and fall, swimming pools can be a great way to relax and cool off for a while as well as a great source of exercise. But swimming pool accidents occur in Phoenix more often than most would like. Tragically, several of these incidents result in the death of child or adult every year.

But for the first time in a long time, there appears to be some good news out of Maricopa County. Total swimming pool related deaths in 2013 decreased from those that occurred in 2012, suggesting that a greater emphasis on safety may be reducing the number of tragic accidents. Deaths among young children as well as deaths among teens and adults were all down, nearly to the levels they were in 2000. The population has grown dramatically since 2000 so the decrease in deaths translates to an even greater reduction in the percentage of the population affected by those deaths.

Any decrease in accidental deaths is a good thing for Phoenix and for the residents in the surrounding communities but as long as swimming pool incidents continue to claim any lives, there is still more work to be done. There is no one factor that causes every death or serious water-related injury but there are some common factors that everyone should keep in mind when in the vicinity of a pool.

Children are at a high risk of drowning because they lack the needed skills to swim safely by themselves. This means that adults should always watch children when they are near water, even if the child is not actively swimming or should not be swimming. Water attracts children of all ages and if there is a way to get into a pool, a child will likely find it.

Even adults who know how to swim should still exercise caution around a pool. It is a good idea to never swim by yourself in case of an emergency and to make sure that your ability to swim is not compromised in any way. In many adult drownings, prescription drugs, illegal drugs, or commonly alcohol play a factor. Removing those substances from the picture is a good way to ensure that everyone remains safe.
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Semi Truck Driver Charged in Fatal Arizona Crash

by Dave Abels

Semi trucks present a significant threat to all other drivers on the road. Their large size and generally heavy weight means that they outmatch any passenger car that is in their way, meaning that when a collision occurs, the passenger car will almost always fare worse than the truck. Those injured through the negligence of a semi truck driver may be entitled to bring a claim for their damages and speaking with an injury lawyer can help you understand what your options may be.

Police have reported shocking facts from a fatal crash outside of Quartzsite yesterday morning between an SUV and a semi. At this time, police believe that the driver of the semi was driving under the influence of drugs on Interstate 10 as he approached an SUV with at least seven people inside. The truck driver reportedly rear-ended the SUV, causing a crash that pushed the SUV off the road and forced it to roll over at least once.

Two people inside the SUV were ejected during the crash, and unfortunately, both of them lost their lives as a result of the injuries they sustained. Five others in the SUV suffered injuries but were expected to survive.

According to local authorities, the driver of the semi fled the scene but was apprehended about a half a mile away from the crash site. He has been arrested and charged with two counts of second-degree murder, five counts of aggravated assault, driving under the influence of drugs, and leaving the scene of a fatal accident. It is unclear whether he was also injured in the crash.

If the allegations against this truck driver are proven to be true, he could face serious penalties, including incarceration. But that may not be the end of the driver’s legal liability stemming from this incident.
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Phoenix Bicyclist Killed in Crash with Car

by Dave Abels

Phoenix and the surrounding areas are experiencing a large number of bicyclists every year. Arizona’s mild climate for much of the year, sprawl-style layout of many of the cities, and the affordable nature of bicycles are leading to an increase in their popularity, making them visible in almost any city on any given day of the year.

With this increase in bicycle traffic has unfortunately come an increase in bicycle accidents. These accidents can occur between multiple cyclists or between a cyclist and a vehicle, whether that is a car, truck or van. When a vehicle and a bicyclist collide, injuries almost always result and they can be serious. In the worst accidents, a bicyclist can be killed in a crash.

Local police have reported a fatal bicycle collision between a cyclist in his 50s and a car in Phoenix last night. The cyclist, who has not yet been identified, was reportedly riding southbound on East McDowell Road near 28th Avenue shortly after 6:00 p.m. For reasons that are not yet known, a car in the area collided with the bicyclist, causing a collision that knocked the biker to the ground. Emergency crews responded to the scene and transported the biker to an area hospital but his injuries were too severe and he died a short time later.

The driver of the car was uninjured in the accident as were other passengers in the vehicle. According to authorities, none required medical treatment. At this time, police are still investigating the incident and trying to determine what caused the crash, including whether any person involved acted in a negligent or a reckless manner.

When the negligent actions of another cause an accident that leaves a victim injured or killed, the laws in Phoenix allow that victim to seek proper and just compensation for any injuries incurred. This can be brought through a personal injury claim, a civil claim in the Arizona system that enables a victim to seek a financial recovery to pay for injuries. Often, these claims seek reimbursement for expenses like medical bills, surgical costs, and lost income in addition to compensatory amounts for pain and suffering.
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DUIs Decreased in 2013 but Drunk Driving Still a Problem

by Dave Abels

Drunk driving is a problem across the nation and Arizona is no exception. With a large population spread across the valley and with a sprawl design, Phoenix has its fair share of drunk driving incidents every year. Those individuals who choose to drive drunk are not only violating the law but also are risking the safety of everyone on the roads, whether it is a passenger in their vehicle, a driver in another car, or even a pedestrian crossing the street in a crosswalk. With the serious threat posed by drunk drivers, it is not surprising that so many law enforcement officials seek ways to reduce the number of intoxicated motorists.

Over the past decade, Phoenix has had an increasing number of arrests annually for driving under the influence. Some of the increase may be blamed on the overall population growth while others may be attributed to increased enforcement efforts by police. Yet many believe that there may be an increase in drinking and driving among the general population which is also contributing to these numbers.

But with all the negative news about DUIs comes potentially a small bright spot: for the first time in the last decade, the number of annual DUIs in Arizona has decreased. Police arrested approximately 29,000 drivers for operating under the influence in 2013, which is more than 3,000 fewer arrests than 2012. The time between Thanksgiving and New Year’s, traditionally a time with a large number of drunk drivers on the road, also saw a decrease in arrests over 2012 numbers. But these numbers are still drastically higher than they were in 2004 when approximately 5,300 arrests were made.

No one has conclusively determined what is behind the decrease in numbers but enforcement efforts likely played a part. A statewide task force has been utilized to combat intoxicated drivers and has made the detection and apprehension of these individuals a priority.

While it is good news that fewer drunk drivers were found on Arizona streets last year, 29,000 arrests still breaks down to an average of nearly 80 drunk drivers per day being caught and apprehended while behind the wheel. Those drivers are a threat to public safety and a threat to themselves.
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Elderly Driver Runs Over Woman at Gas Pump, Killing Her

by Dave Abels

After a car accident occurs, drivers usually speak to one another and call local police to file a report. But even in the most minor of incidents, an injury or even fatality can still occur, especially if the drivers involved do not exercise care and caution for one another. It appears that this may have been the case in an unusual accident that took place in Scottsdale on Saturday at a local grocery store’s gas station.

Police have reported that an 86-year-old man and a 74-year-old woman were both at the store’s gas pumps. The 86-year-old man backed his vehicle into the 74-year-old woman’s car, causing a minor collision between the two vehicles. The woman was inside her car at the time of the impact and she exited the vehicle afterwards to look at the damage. But for reasons that are not yet clear, the man continued to back up and struck the woman, running her over with his Jeep and dragging her a short distance.

Emergency crews responded to the scene of the incident and attempted to help the woman but her injuries were too severe. She was pronounced dead at the scene. The man was not believed to be intoxicated at the time of the incident and at this moment, he is not expected to face criminal charges related to the woman’s death.

Regardless of whether or not charges are brought by the State of Arizona following any accident, an injury victim may still have a separate claim for relief against anyone who caused the victim to become injured. In the event that a crash leaves a victim dead, the victim’s surviving family members may be able to bring a claim for their losses.

Often, these claims seek compensation for expenses incurred by the victim, like medical bills, lost wages, or even pain and suffering, and the claims can be brought against a negligent driver, owner of a vehicle, or even the company that a driver was working for if the driver was actively on the job at the time of a crash. Since the facts of each accident are different, it is important to understand exactly what happened in your crash. Speaking with a lawyer can help you realize what legal options may be available to you so that you can obtain adequate relief.
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Blown Tire Causes Rollover Crash in Phoenix that Injures 5

by Dave Abels

When most parents place their children in a vehicle, they assume the car is safe and that they are not risking their children’s safety. But hidden defects or poorly produced and designed products can exist in any vehicle, lurking undetected for months or even years before an incident occurs. Often, a defect or a problem can cause a serious accident that may leave passengers in a car injured as well as others on the road.

Facts are still emerging regarding a Thursday morning accident in Phoenix but police have reported that the incident all began with a blown tire. At least five people were inside a vehicle traveling westbound on I-10 in the morning hours when one tire exploded, causing the driver to lose control of the vehicle and sending it across the median and into the lanes of traffic designated for eastbound travel only. The vehicle also rolled over at least one time, causing several people in the vehicle to be ejected as it careened out of control.

Police have reported that at least two adults and three children were in the vehicle at the time of the tire blowout and that four of those five were in need of medical treatment. They were transported to area hospitals for examination and treatment of their injuries where their current conditions remain unknown. A fifth person involved in the crash was also injured but sustained less severe trauma than the other four and did not require hospitalization.

Tires can blow out or suffer a rapid loss of pressurization for a number of reasons, not just defects in the tire itself. At this time, it is not clear what caused the tire to blow or whether the vehicle’s owner had any warning of the tire’s condition prior to the accident.

A driver may be responsible for a tire blowout if the tire is not properly inflated, if a driver runs over an object like a nail or glass that causes a leak in the tire, or even if a tire is used beyond its useful life. But a driver is not responsible if a tire blows because of a flaw in the tire’s design or an error in the manufacturing process. It can be very difficult to determine what caused a tire to blow and speaking with an injury lawyer may be a good place to start.
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Suspected Drunk Driver Had 6-Year-Old Passenger in Truck

by Dave Abels

Phoenix has strict laws against drinking and driving and strongly enforces those laws in an effort to keep the roads as safe as possible. Local police and injury lawyers understand that even one drunk driver poses a serious safety threat to everyone on the road as well as those near the area, like young children and pedestrians walking on sidewalks. Alcohol lowers a driver’s ability to respond quickly and to make judgment decisions, increasing the odds that a drunk driver will be involved in a collision.

Most drivers understand the risks associated with drunk driving and choose never to drive drunk as a result. But a small number of drivers choose to ignore the risks or do not believe that drunk driving poses a threat and those drivers may choose to operate a car while intoxicated.

More terrible than just driving while drunk may be what police have reported out of Yavapai County recently. According to authorities, a male Cottonwood resident was operating a pickup truck under the influence of alcohol and was swerving in and out of lanes on the highway, speeding at least 15 miles an hour over the speed limit. Police noticed the erratic behavior of the driver and attempted to make a traffic stop but the driver of the truck reportedly refused to stop. Police later found the truck after it had crashed into a barricade marking a closed road on the Yavapai-Apache Reservation.

When questioned, the man reportedly denied driving the truck but authorities have reported that a convenience store’s security camera caught footage of the man as he got into the truck shortly before the incident occurred. Authorities have also reported that a 6-year-old child was a passenger in the truck at the time of the attempted traffic stop. It is not clear yet whether the child was related to the driver or whether the child was in the truck at the time of the crash.
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