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

Statewide Crackdown on Drunk Drivers to Start This Week

Drunk driving is a problem in Phoenix as well as across the state of Arizona, leading to thousands of accidents and causing thousands of injuries every year. Despite how dangerous it is to operate a vehicle while under the influence of alcohol, it continues to happen with some people admitting to driving drunk on a regular basis.

Police officers have devised a plan to help decrease drunk driving by increasing police presence and ramp up the observations needed to identify drunk drivers. This state-wide initiative has an official start date of December 3 and an end date of January 1, 2014 but some agencies have indicated that they will start the increased patrols this week.

Motorists in these areas may notice a greater number of marked police cars on the streets, at intersections, and in parking lots, monitoring traffic and attempting to identify those under the influence. When a drunk driver is identified, that driver may face a traffic citation or a criminal charge, depending on the circumstances surrounding the incident. These drivers that are cited may be the lucky ones among those driving drunk, though, as drunk drivers who cause accidents are likely to be punished much more harshly, especially if the accident results in serious injury or death. And the punishment leveled by the State of Arizona may just be the beginning as drunk drivers can be held financially liable for the damages they cause as well.

Though there may be an increased attempt to apprehend drunk drivers over the next six weeks, drivers should be aware that police look for and attempt to deter drunk driving every day of the year and that drunk drivers can receive significant penalties and punishments regardless of when they are caught. It is never worth the risk to drive drunk and anyone who consumes alcohol should consider using alternative transportation afterwards, whether that is a designated driver, public transportation, or a taxi cab.
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San Tan Valley Rollover Crash Kills Driver

by Dave Abels

There are many types of car accidents but some of the most deadly involve rollover crashes, or accidents where one car leaves the ground and falls to its side or roof, potentially rolling all the way over one or more times and landing on any surface of the car. Phoenix drivers in these types of collisions often suffer serious or life-threatening injuries and some never make a full recovery.

The reasons these accidents are so dangerous are compound and complex but include the fact that advances in safety design in cars rarely focus on the roof of the vehicle. Instead, recent decades have seen manufactures focusing on adding crumple zones to the front and rear of cars which keep the areas occupied by passengers intact and therefore safer. There have also been advances in the placement and design of airbags with many new vehicles now utilizing side curtain or even divider airbags between the driver’s seat and the passenger’s seat to limit the impact experienced by a passenger in the event of a crash.

Injuries are common in rollover crashes because few of these innovations have focused on the roof area where there is little protection between a passenger and the steel frame of a car. In fact, rollover bars may be one of the better known safety approaches to a car’s roof but they are relatively uncommon and generally are only found in all-terrain vehicles.

This means that when a car strikes the ground or another object with its roof, the roof is likely to cave in and can trap or injure passengers, making it more difficult for them to escape after a collision. Rollover crashes can also present a hazard to those who are not wearing seat belts as the force in the crash may throw a passenger against the roof as the vehicle rolls.

Unfortunately a rollover collision occurred in the San Tan Valley on Monday and it left the driver of the SUV involved dead. Police are not sure what happened at this point but they believe the 68-year-old male driver began to leave the road surface when he tried to veer back onto the road. It appears that the driver may have overcorrected his car’s path of travel and caused the SUV to roll over, leaving the man with injuries that claimed his life.
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Glendale Near Drowning Leaves Boy in Critical Condition

by Dave Abels

Most parents take their roles as guardians and caretakers of their children very seriously, making sure their kids get healthy meals, attend school, and are safe from danger as they go through their days. Yet even the best parents cannot be with a child at every moment, leaving many to seek the help of a family member, friend, or employee to assist with childcare.

Those that are trusted with the responsibility of caring for a child are legally required to do just that, obligating them to keep the child from danger. But unfortunately, too often children are not watched closely enough around swimming pools or other bodies of water, leading to a situation where a child may suffer a serious or even fatal injury while in the care of another or while in another’s home.

Though swimming pool injuries are often thought of, water in even small amounts can be dangerous to children. In fact, a young child can drown in only a couple of inches of water contained in a bucket. Kids are naturally attracted to the water but lack the skills to play safely, putting them at a high risk of drowning regardless of where or how they encounter the water. Injury lawyers see this happening all too often.

This appears to be what happened in Glendale yesterday at a private home near 75th Avenue and Union Hills. Emergency responders learned that a three-year-old boy walked outside of a home and to a pool in the backyard. Reportedly he climbed a small barrier and entered the water.

When others at the home found the boy, he was at the bottom of the pool and unresponsive. Adults started CPR and called paramedics who transported the boy to Phoenix Children’s Hospital where his condition was listed as critical. It is not known how long the boy was underwater before he was found by adults.

Swimming pool injuries can affect people of all ages but children are more likely than adults to remain submerged underwater for extended periods of time or to drown. Unfortunately, Arizona experiences several drowning-related deaths every year, due in part to the large number of private and public pools in the area as well as the large number of young children who use those pools.
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SUV Runs Stop Sign, Hits School Bus

by Dave Abels

Arizona roads are governed by a set of rules or laws that instruct drivers when to stop, when to go, where to turn, and how fast to drive. These laws are in place to keep traffic moving while keeping everyone as safe as possible, ideally limiting the number of collisions that take place and in turn, decreasing the number of injuries caused by accidents in the state.

Failing to follow these laws in Phoenix or in the valley may leave a driver in legal trouble and in need of a lawyer to represent the driver in court. Yet if the driver causes an accident, the legal troubles may be more significant and can even lead to a civil claim by any injury victims against a driver. Car accident lawyers in the area understand that in some cases, these civil claims for damages can be much more severe than any citations issued by the State of Arizona, and often can be brought even when a driver faces no charges at all by the state.

It appears that this could be the case after a Thursday morning collision left two children injured when their school bus was struck by an SUV. Police in Prescott Valley have stated that a 58-year-old male driver failed to stop at a stop sign an entered an intersection when he did not have the right-of-way. He collided with a school bus carrying approximately 44 young children, causing a collision that left at least two of those kids injured and in need of medical treatment.

The injured children were aboard a Humboldt Unified School District bus and were transported to a local hospital for treatment. Authorities have said only that the injured included a 6-year-old boy and an 11-year-old girl.

The male driver of the SUV was also hurt though the nature and extent of his injuries remain unknown at this time. Police have reported that the man was cited for failing to stop at the stop sign which caused a collision and that impairment is not suspected in this matter.
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Suspected Drunk Driver Crashes Into Police Car

by Dave Abels

When anyone decides to drive a car in Arizona, they agree to follow the state’s driving rules or to be held responsible if they fail to do so. Many of these rules are common sense and are the same across the nation while others are more unique to the valley. Basic rules like stopping at a red light and proceeding on a green light rarely lead to confusion but many drivers are not clear of what constitutes intoxication to the point where it becomes illegal to drive.

Phoenix personal injury lawyers regularly handled cases where an accident was caused by a drunk or impaired driver who should never have been on the road, yet when these people are charged for their actions, often they claim that they did not realize their blood alcohol content or that they felt fine to drive.

Arizona uses an objective and subjective standard to determine alcohol impairment among drivers, which means that impairment can vary among people. In the state, a driver is considered to be under the influence of alcohol if his or her blood alcohol level is 0.08 or greater. However, if alcohol in a driver’s system is lower than that level but the alcohol still impairs the driver’s ability to operate a car, that driver can also be guilty of driving under the influence.

The rules are strict and the consequences severe. Not only is a drunk driver likely to face traffic or criminal charges for driving under the influence but that driver is also more likely to cause an accident. If an accident leaves another with personal injuries, the drunk driver can also be liable for those damages, whether they are for medical bills and expenses or wages that victim was unable to earn while hurt.

Often, drunk drivers think that they won’t be caught and therefore will not face any consequences for their actions, but in truth, thousands of drivers are cited for driving drunk every year. The odds of being caught increase dramatically, though, when the suspected drunk driver crashes into a police officer’s car while the police officer is inside, as happened recently in Casa Grande.

A Pinal County Sheriff’s Officer had pulled over a suspected drunk driver near the intersection of Pearl Road and Cottonwood Lane and called for backup, with a second officer arriving in a second car. As the first deputy prepared to exit his vehicle to speak with the alleged drunk driver, a 22-year-old female in the area crashed her car into the deputy’s vehicle, causing a significant impact.
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Plans in Place for a Valley Bike Share Program

by Dave Abels

Bike share programs have been popular and successful overseas for some time now but only recently have they been cropping up around this country, landing in large, urban markets and bringing non-motorized transportation to millions. The prime example of this has been Capital Bikeshare, the bike sharing program in Washington, D.C. that has been widely used by residents and tourists alike seeking another way to get around town without the expense of a taxi, inconvenience of a car, or limitations of public transit.

Yet as bike accident lawyers in Arizona and across the nation know, Washington D.C., once the outlier in this segment, is starting to become the norm. In fact, Denver, Colorado was the first large city to install a bike share program back in April of 2010. Since then, bike shares have put down roots in New York City, Chicago, Miami Beach, Boulder, Boston, Minneapolis, Columbus, and Salt Lake City, to name a few. This list is growing every year and come 2014, Phoenix will add its name to the metropolitan areas offering bike shares.

Before you can understand the implications of a Phoenix bike share program, it is important to grasp the basic concepts of what a bike share program is and how it functions. In its simplest terms, a bike share program is a group of bicycles available for public rental, either by the hour, day, week, or year, depending on where you live and what subscription you use. The bikes are generally found at unmanned docking stations that also serve to “lock” the bikes when not in use, preventing theft or damage to the equipment. Anyone who wants to rent a bicycle can do so through the use of a debit or credit card and can ride the bike as they please until they no longer need it, returning it to the same docking station it was found or to any other participating docking station. The check-out time and check-in time are used to calculate any charges which are billed to the card on file.

Phoenix’s bike share program is set to function in a similar fashion. Named Grid Bike Share, the bikes will initially be present in Phoenix and will then expand to offer locations in Mesa and Tempe as well. The bikes can be located and rented using a smart phone app or by going online to the bike share’s website once the program officially begins. By spring of 2014, approximately 1,000 bikes should be available for rental at $5 per hour, $30 per month, or $79 dollars per year.
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Suspected Impaired Driver Causes Rollover Crash that Injures 5, 2 Critically

by Dave Abels

Arizona law makes it very clear: it is illegal to drive under the influence of an intoxicating substance, regardless of what that substance may be. Most often, this emerges in the case where a driver drinks alcohol and then drives or where a driver uses illegal or prescription drugs before getting behind the wheel, but this is not the only way a driver can be guilty of driving while intoxicated. Huffing, or inhaling chemical fumes in an effort to get high, can also lead to a DUI charge as can legally taking drugs or supplements that impair your ability to safely operate a vehicle.

Despite the threats posed by driving while intoxicated, thousands of drivers choose to do so every year, placing not only their own safety but also the safety of everyone on the road at risk. Statistically impaired drivers are more likely to cause accidents and more likely to be involved in accidents with injuries than those drivers who refrain from operating a vehicle under the influence.

After an accident with an impaired driver leaves a personal injury victim with damages, a Phoenix lawyer can help you understand what your rights are and whether you can recover for your losses, including your medical bills. This means that impaired drivers may not only be subject to criminal complaints but also to the financial damages they inflict on others, leaving many to realize that it is never worth the risk to drive impaired.

Local police believe that a man involved in a Chandler hit-and-run crash on Saturday morning was impaired at the time of the impact and they are still investigating the scene at this time. Right now, the 43-year-old man is believed to have been driving a pickup truck in the area of Ray Road and Arrowhead when he lost control and left the road. The man then allegedly drove through some bushes lining the street and into a retention basin before emerging on the other side where the truck went airborne and collided with an SUV driven by a 61-year-old woman.

The driver of the SUV sustained minor injuries as did a 2-year-old girl in her vehicle but two 3-year-old boys were critically injured in the crash. They were taken to an area hospital for treatment where their current conditions are unknown.

The 43-year-old driver of the pickup allegedly fled the scene of the crash and traveled about one half mile before coming to a rest. Witnesses reported following the man from the scene of the crash as he fled so that police could respond. Authorities reported that the man had a female passenger, believed to be his girlfriend, in his truck at the time and that she was also injured in the accident.
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Driver Sentenced to 7 Years for Hit-And-Run that Killed Chandler Boy

by Dave Abels

It is always a tragedy when a child is injured or killed through the negligence of an adult who should have been paying attention to the safety of the child, but these events often seem worse when an adult fails to get help for that child after an accident occurs. Unfortunately personal injury lawyers see this too often in the case of a hit-and-run automobile collision that injuries or kills a child who was walking, riding a bicycle, or was riding in a car.

When an accident causes a child to become injured or even to die, the child’s parents or guardians may be entitled to bring a claim for damages on behalf of that child or for their own losses in the event of death. These claims are usually brought against a responsible party, whether that is a driver of a car, owner of a vehicle, or even a company that owns a building or land that produced an accident. Arizona law allows victims to recover by this means but claims must be filed within a statutory time period or they will be void, which is why it is always a good idea to speak with an accident attorney after your child is injured.

Negligent drivers may face much more than just a civil claim for damages if they are involved in a collision that injures a child, though. The State of Arizona may bring traffic or criminal charges against a driver that can result in serious jail time.

Following a summer crash that left an 11-year-old Chandler boy dead, a male defendant was sentenced this week to seven years in prison for his part in the collision that killed the boy, who was riding his bicycle at the time. Chandler police and prosecutors alleged that the man hit the boy with a truck as the boy rode across Arizona Avenue earlier this summer. Instead of stopping, the man fled the scene without checking to see if the boy was hurt and without alerting police.

The defendant returned to the scene some time later with his father, a retired Chandler police officer, and was arrested and charged for leaving the scene of a fatal crash. He was also sentenced this week to an additional five years on an unrelated drug charge.
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Pedestrian Dies After Car Crash with Elderly Driver

by Dave Abels

Arizona drivers are legally required to follow the rules of the road, exercise caution, and put safety first as they drive, meaning that they do not have the right to ignore others in the area. Yet hundreds of accidents occur every year between vehicles and pedestrians because a driver failed to pay attention and failed to acknowledge the rights of the pedestrian, leading to accidents that almost always result in injuries.

When a crash between a car and a person occurs, the pedestrian will suffer the brunt of the impact because there is nothing surrounding that person to absorb a collision. The large, heavy design of cars means that a pedestrian who is hit will be injured more often than not, often critically or even fatally.

Pedestrian injury lawyers in Phoenix and Arizona understand that these collisions can be the fault of the driver, the pedestrian, or both, depending on the facts of a specific crash. But when a collision occurs at a crosswalk, fault usually lies with the driver.

That appears to be the case in a Saturday collision in Tucson that left a 28-year-old man dead. Police believe that the man, a pedestrian, was crossing East Speedway Boulevard within a crosswalk when he was hit by a pickup truck driven by a 74-year-old man. Witnesses reported that the elderly driver left the scene of the crash without stopping but eventually returned to the accident after he was followed by other drivers who got the elderly man’s attention.

It is not yet clear what caused the collision to occur or why the 74-year-old left the scene but police believe that the man was at fault for the crash which caused the death of the pedestrian. As such, the elderly man has been arrested and faces charges of second degree murder in connection with the collision.
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SUV Collides With Light Rail, Several Injured

by Dave Abels

The number of train versus vehicle collisions have increased in Phoenix in recent years since the creation of the light rail, which installed tracks in areas previously unknown to rail travel but now used by both the trains and vehicles. Most of the time, cars and the light rail can occupy the same streets harmoniously with trains receiving the right-of-way and with vehicles allowed to cross the tracks when train traffic is not present. However, collisions between these two types of travel do happen and when they occur, injuries almost always result.

Phoenix train accident lawyers understand that trains are large, heavy vehicles that need distance to stop or slow effectively, meaning that if a car crosses immediately in front of the head car, a train may not be able to avoid a collision. Similarly, if a train is speeding, fails to signal, or if warning lights and gates along roads malfunction, a collision with a car may occur that is due to no negligence on the part of the car’s driver.

Unfortunately a collision between an SUV and a light rail train took place on Wednesday in Phoenix at a street level crossing near Central and Roosevelt. Witnesses say that it appeared the driver of the SUV, described only as a 57-year-old adult, ran a red light and entered the crossing as the light rail approached. The train struck the SUV with force great enough to throw several train passengers forward, injuring two and sending them to the hospital for medical treatment. In addition to the SUV’s driver, a pregnant passenger was injured and was also transported for medical care with emergency personnel expecting all victims to survive.

Those at the scene agreed that the injuries, especially to those in the SUV, could have been much worse, particularly with a view of the significant damage done to the vehicle by the collision.

Anytime an accident results in injuries, Arizona law may allow the victims to bring a financial claim for their damages against those responsible for the collision, including a negligent driver or drivers, if they exist. These claims can seek financial compensation for any injuries incurred, any medical expenses believed to be incurred in the future, lost wages, and other damages forced upon the victim as a result of the collision.
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