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

2 Dead After Tucson Car Crash

A terrible car crash in Tucson on Sunday left two young men dead in the early morning hours. The crash occurred in the 5000 block of East River Road near North Craycroft Road around 2:30 a.m.

Police believe than an 18-year-old man driving a Corvette westbound on East River Road lost control of his car and crossed the center line. The Corvette entered the path of travel of an eastbound Honda Civic and caused a serious head-on collision.

Both cars reportedly spun after the impact and left the surface of the road. The 18-year-old driver of the Corvette was thrown from the vehicle and was pronounced dead at the scene. His 20-year-old passenger was trapped inside the car and also died in the crash.

There were at least two people in the Civic who were injured and were taken to a local hospital for treatment. Both Civic passengers suffered what authorities described as non-life threatening injuries and they are expected to survive.

Police are still investigating the crash but have determined that the driver of the Corvette was speeding. They are not yet sure if alcohol was also involved.

While any type of car accident can be serious and can result in injuries, head-on collisions are especially dangerous. Though not very common, these crashes result in a disproportionately large number of injuries and fatalities. In 2012, head-on collisions were responsible for 1.75 percent of all Arizona accidents but they caused 12.71 percent of all accident-related fatalities. With such disparity, head-on collisions must be seen as a serious threat to the safety of all Arizonians. These crashes often occur where traffic traveling in opposite directions share the same roadway without a median or other barrier separating the lanes of traffic as well as at intersections where one driver fails to yield to a traffic sign or signal.
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Phoenix To Get a Bike Share Program

by Dave Abels

Residents and visitors to Phoenix may soon have a new option to travel around the city. Reports indicate that Phoenix is planning to start a bike share program locally and hopes to launch it by December.

Bike shares have become increasingly popular across the nation. With major programs in some of the biggest cities, it is not surprising that Phoenix is showing an interest as well. With a focus on alternative transportation as well as low-cost travel, a bike share program may be a great option for many in Phoenix.

Bike sharing allows people who want to borrow a bicycle to check one out or rent one from a designated location. Most use docking stations that operate automatically so that there are no labor costs associated with the individual stations. A bicyclist is usually required to pay with a debit or credit card so that the user can be tracked in the even a bicycle is lost or damaged. The rider checks out a bicycle from one station, rides to their desired location, and returns the bicycle to another station. Some cities charge a fee based on an individual ride while others offer unlimited rides for a monthly or yearly subscription.

Phoenix plans to begin with about 500 bicycles but hopes to expand to around 2,000 bikes. Pricing information has not yet been released but city officials have suggested that it will be an affordable option for many in the valley.

In addition to providing cheap and efficient transportation, bicycles provide an option to get physical exercise while traveling. Additionally, one of the biggest benefits may be the lack of pollution produced by bicycles when compared with other means of transit, specifically private cars. While the mountains surrounding the valley create a picturesque view, unfortunately they trap smog and other pollutants in the valley’s air, lowering the air quality. Experts believe that cars, trucks, and vans contribute significantly to this problem and that reducing these vehicles is an effective way to improve air quality.
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Suspected DUI Accident Kills 1, Injures 1 in Yuma

by Dave Abels

A 20-year-old man was killed after he apparently lost control of his vehicle in Yuma last Friday. His 19-year-old passenger survived but is critically injured. Though he was clinging to life, sheriff deputies said the passenger might not survive.

It appears that alcohol was a factor in the accident that caused the driver to strike a pole in Yuma. At only 20 years old, the driver was too young to legally consume or possess alcohol, meaning that he should have had no alcohol in his system. Despite his young age, authorities believe the driver had enough alcohol in his system to be under its influence at the time of the collision.

Arizona law presumes a driver is under the influence of alcohol if the driver’s blood alcohol content is 0.08 or greater. However a driver can be in violation of drunk driving laws if any amount of alcohol is present. What matters is whether the driver was influenced or affected by the alcohol in his or her system to the point that the driver’s ability to control a vehicle was negatively impacted.

A drunk driver is not only a hazard to himself but also to his passengers and others on the road, as this crash shows all too clearly. When another is injured by a drunk driver, the law provides that injured person a remedy through the use of a personal injury claim in civil court.

This type of claim allows a victim to recover for any damages suffered, including any medical bills the victim was forced to incur because of an accident. These claims can be brought against a drunk driver, a bar or tavern who served the drunk driver alcohol, or even another person who provided a minor with alcohol, depending on the facts of each case.

Since each case is unique and many of these cases are difficult, it is always a good idea to speak with a personal injury lawyer if you have been hurt through the actions of a drunk driver. With so many lawyers out there, it may be difficult to decide who you want to speak to, but the best thing to do is to speak with an attorney who regularly works on cases similar to yours.
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Phoenix Injury Lawyers Settle Motorcycle Accident Case for $67,000

by Dave Abels

The personal injury attorneys at Abels & Annes, P.C. recently settled a motorcycle accident case for $67,000. The case stems from a motorcycle versus car crash that occurred in Phoenix in December. Our client was riding a motorcycle when a car driving in the opposite direction turned left in front of our client, causing a crash.

The impact was significant and sent our client flying over his handlebars, over the car, and caused him to land on the pavement. When the police arrived at the scene, they determined the driver of the car was at fault for the crash and police issued her a citation for failing to yield the right-of-way.

Immediately after the accident, our client was in pain and was transported by ambulance to an area hospital. He underwent tests and was diagnosed with a concussion in addition to multiple abrasions, cuts, and bruises. Our client sought additional treatment at another hospital a few days after the crash and then had follow up treatment with an orthopedic surgeon as well as physical therapy to recover from his sprains and strains.

In this case, the driver who caused the accident had limited insurance available. The attorneys at Abels & Annes sought and recovered the full settlement that was possible of $50,000. In addition, since our client’s claim had a value in excess of that amount, we brought an underinsured claim against the client’s insurance company for additional benefits. From that, we recovered $17,000 for our client as payment for his damages.

While our client recovered, he suffered aches and pains on a regular basis that limited his ability to perform daily tasks, including those required at his job. Now he will be able to move on from the crash after finally receiving compensation for his losses. Our client was lucky that his injuries were not more severe and that he was able to recover. Unfortunately Arizona regularly experiences more than 100 motorcycle-related deaths every year with the majority of these being men. Contrary to popular belief, in many of these fatal accidents, the motorcyclist does nothing wrong but gets killed through the negligence of a driver who drives erratically, fails to yield, or even drives under the influence of alcohol or drugs.
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Car Runs Red Light, Kills 1 in Scottsdale

by Dave Abels

Scottsdale Police responded to a collision on Thursday that proved deadly before too long. Located near the intersection of Frank Lloyd Wright and East Raintree Drive, it appears that a driver running a red light caused a three car crash that claimed the life of another drivedr.

Police state that a Honda Ridgeline was driving eastbound on Frank Lloyd Wright, approaching the intersection with Raintree Drive. Eastbound traffic had a red light but the Honda driver did not slow or stop for the red. Instead, the driver entered the intersection and collided with a a Chevy pick up truck that was intending to turn left onto Raintree. The impact of the collision sent the pickup truck spinning and then it crashed into a Nissan.

Emergency crews responded to the scene of the crash shortly after impact. The driver of the Honda was uninjured and the driver of the Chevy suffered only minor injuries. The driver of the Nissan was not as lucky. The 57-year-old man suffered critical injuries and was transported to Scottsdale Health Care Osborn where he was later pronounced dead.

It does not appear that police have issued any citations at this point but they are expected to do so at some point. They have not released why the first driver ran the red light or what charges he may face.

The alleged at-fault driver in this case failed to obey a red light and failed to yield the right-of-way to opposing traffic. As a result, a collision occurred that resulted in the death of an innocent driver. When this happens, the at-fault driver may face traffic and even criminal charges, depending on the accident, but the driver may also be faced with a civil claim.

A civil claim allows an injured motorist to recover for any damages they sustained in an accident that was caused by another. The law provides for these actions to put the injured victims back in the position they were before the accident occurred. This means that a victim can bring a claim for any expenses they incur, including medical bills and lost wages, against a person, insurance company, or other entity.
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Jaywalking is an Increasing Threat to Safety in Phoenix

by Dave Abels

When plans for the city’s light rail were first announced, there was no shortage of skeptics living in Phoenix, and this skepticism remained through the early stages of construction and into the initial operations of the public transit system. Now, nearly five years after it accepted its first riders, the light rail is set to pass all original expectations regarding use and occupancy.

The light rail has provided a needed service downtown and has helped the revitalization efforts of the area. Without it, more people would be forced to commute and travel by private car, leading to increased traffic, greater gasoline consumption, and higher smog rates throughout the valley. Though with the recognition of all the added benefits provided by the light rail, there is one safety concern that should not be overlooked: riders are jaywalking at increasing rates, placing themselves and drivers at danger for collisions in Phoenix. Not only are some people crossing busy streets in areas outside of crosswalks, some are even crossing the light rail tracks themselves at unauthorized points in an attempt to save a few moments walking.

Aware of this increasing threat, a local news crews interviewed some jaywalkers in the area of the light rail downtown. Many admitted to repeatedly jaywalking while others claimed it was their first time. Most seemed to think it was not a big deal and claimed that a lack of enforcement by police supported this position.

The Phoenix Police Department’s Transit Enforcement Unit disagrees with this latter claim and states that they do issue a large number of citations for jaywalking around and across the light rail tracks. Tickets start at $75 and increase to as much as $500, depending on the circumstances.

Metro Light Rail has started a campaign called “Dying to Get There” in an effort to increase awareness of the dangers associated with crossing the tracks. It spreads the message to the community and school-aged children.

With only four police officers assigned to the entire bus and light rail system, enforcement of jaywalking rules can be difficult. There were 132 pedestrians killed in accidents in Arizona in 2012 and that number is likely to climb if jaywalking continues to increase. Not only do jaywalkers place themselves at risk, but they also put the safety of law-abiding pedestrians in danger as well as the safety of motorists. As jaywalking pedestrians become more common, drivers are more likely to see them as a nuisance that should be avoided, increasing the chance that motorists will drive erratically and dangerously to speed up or avoid a crossing pedestrian. This behavior is likely to carry over to situations where pedestrians are lawfully crossing the street and makes these pedestrians more likely to be involved in an accident.
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Potential for Charges in Scottsdale Crash that Killed Child

by Dave Abels

New details have emerged regarding a minivan crash on Monday that left a 6-year-old boy dead. It now appears that 25-year-old man who was a front seat passenger may face criminal charges as a result of his conduct that reportedly caused the collision.

It was around 11:00 p.m. on Monday night and the minivan was traveling westbound on the Loop 101 near Hayden Road. A woman was driving the minivan with three occupants: her 15-year-old son, her 6-year-old son, and a 25-year old family friend in the front seat. The mother said the front seat passenger was a family friend who had struggled with mental illness. The man became angry at the conversation in the van and grabbed the steering wheel, jerking it back and forth and causing the minivan to veer across the road. The woman was unable to maintain control of the van from the driver’s seat as it careened across the road and into a light pole.

The impact injured both of the boys in the back seat and unfortunately the 6-year-old died as a result of his injuries. It is not clear whether the mother or the male front seat passenger were hurt.. Local police continue to investigate the crash and have said they may press charges against the front seat passenger for his role in the accident.

It is tragic any time a child is killed but when the accident is due to the negligence of another, is seems even more disturbing. Though not all information about this accident is known, if it was indeed caused by the reckless conduct of an adult within the car, it was an unnecessary accident that caused a little boy to lose his life.

When a child is injured or killed, the damages spread beyond the child and affect an entire family. From medical bills to physical therapy, the costs associated with a child’s injuries can be significant and can be too much for many families to bear alone. This is why the law provides for a financial recovery in many accidents where a child is injured or killed.
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Deadly Construction Accident Kills One, Injures One in Mesa

by Dave Abels

On Wednesday morning, a construction accident occurred in Mesa as crews worked on the new State Route 24 Gateway Freeway. The incident left one worker dead and another seriously injured and in the hospital.

Four men were working on a bridge for the freeway which will connect the Loop 202 with Ellsworth Road. At about 5:45 a.m. and while they were removing some cribbing, some bridge supports collapsed on two workers. One, a 43-year-old Peoria resident, died while a 20-year-old man suffered serious injuries. The other two workers were not hurt and did not require medical treatment.

The men worked for a contractor out of Utah on the project and were removing temporary restraining walls, known as cribbing, on Wednesday. The use of cribbing is common in concrete construction and holds the concrete in place while it dries. Once the concrete has hardened, the cribbing is removed and discarded. The supports are separate from the concrete itself so in this case, though the supports collapsed, the ramp and bridge were not damaged.

Construction is one of the most dangerous professions and unfortunately one of the jobs with the highest number of fatalities. Though rules and regulations governing construction sites exist and are designed to promote safety, accidents still happen and people still get hurt. These injuries can be severe as construction sites routinely have heavy equipment, large excavated areas, overhead product and material, and any number of employers and companies.

When injured in a construction accident, it can be difficult to determine who is at fault and whether you have a claim for your injuries. This is one reason it is a good idea to speak with a professional and to learn about your legal rights.
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Drunk Driver Kills 1 Near Anthem

by Dave Abels

A drunk driver in an SUV rear-ended a car at a high rate of speed on I-17 late Monday night, causing the SUV to roll and killing the 61-year-old driver of the car. The driver of the SUV survived and needed medical treatment but police intend to arrest him once he is released from the hospital.

The accident occurred near Anthem and north of the Carefree Highway on southbound I-17. Reports indicate that the SUV was behind the car and the driver of the SUV was speeding as he approached. The SUV collided with the rear of the car and caused the car to leave the highway and forcing both cars to spin out of control. The SUV rolled to the left across several lanes of traffic.

The driver of the SUV has only been identified as a 27-year-old male who police believe was drunk at the time of the crash. Additionally police have said that the man had a warrant out for his arrest in California stemming from drug charges. Though the SUV rolled over after the crash and the driver was hurt, he attempted to run away from the collision on foot but was stopped by a witness who tackled the driver and held the man until police arrived.

Police closed southbound I-17 for some time as they conducted an investigation but all lanes were opened by early Tuesday morning. Though the driver of the SUV has not been charged, he is expected to face criminal counts upon his release from the hospital which may include vehicular manslaughter.

Arizona sees more than 250 deaths in alcohol-related accidents every year. That is nearly 5 people killed every week in accident where alcohol was involved. These deaths are unnecessary and as this case illustrates, often it is a driver who is not drunk who is killed.

When a drunk driver injures or kills another, the law provides for a civil claim of action to recover against the drunk driver for any injuries or deaths that driver caused. This means that a victim or a victim’s family may be able to make a monetary recovery for their losses if a drunk driver is to blame.
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Famous Journalist Michael Hastings Killed in Car Accident

by Dave Abels

With his reporting, Michael Hastings caused waves in government big enough to take down General Stanley McChrystal in 2010. But at the young age of 33, his life was cut short when he died in a car accident in Los Angeles on Tuesday morning.

The details of the car accident remain vague at this early hour but the focus has been on the life that was lost. Hastings was a well-known war correspondent who reported from Iraq and later wrote about his time there.

Hastings may be most famous for his 2010 Rolling Stone cover story about General McChrystal titled “The Runaway General.” The article negatively portrayed McChrystal as outside of the control of his superiors and unwilling to heed directions regarding the war in Afghanistan. The article contained comments from McChrystal that eventually led to his dismissal by President Obama and his removal from his position.

Hastings also chronicled other stories and was a contributing editor at Rolling Stone at the time of his death. He was also writing for BuzzFeed, a news website that featured the political reports of Hastings. By Wednesday morning, the site was full of tributes to Hastings from his colleagues as well as a memorial article recanting some of his greatest achievements.

He survived war in the Middle East and even the political scene in Washington, which is no easy task, just to lose his life in a car accident. Through this tragedy comes the sobering truth – that anyone can be a victim in a car accident and that anyone can lose their life behind the wheel.

Safety features in cars continue to advance every year but nationally we still experience a large number of vehicle-related crashes. The National Highway Traffic Safety Administration estimates that 32,310 people died in car accidents in 2011 alone. Though this number may be staggering, it fails to consider all the lives affected by motor vehicle deaths. When someone is killed in a car, the victim’s family and friends may live but they also suffer from the accident through the loss of their loved one.
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