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

Phoenix Launches New Pedestrian Safety Campaign

Faced with an increasing number of pedestrian accidents and pedestrian fatalities every year, the Phoenix Police Department is starting a new program to increase awareness of pedestrian safety issues among those on foot as well as drivers in the city. Dubbed Corner 2 Corner, the program began this week and will include three weeks of activities around the city.

The goal is to prevent pedestrian versus vehicle collisions from occurring and therefore eliminating any injuries or deaths those accidents cause. With fewer crashes, fewer citizens will lose their lives and the economic losses can be limited.

Within the city limits of Phoenix, there are over 500 collisions between pedestrians and automobiles every year with over 300 of those, or about 60 percent, causing injuries to the pedestrian. These injuries range from minor cuts and bruises to debilitating and crippling injuries, as well as death. In fact, over 40 of the pedestrian versus vehicle crashes result in death to the pedestrian every year.

Some of these crashes are caused by the negligence of a pedestrian but others occur when a driver is negligent. A spokesperson for the Phoenix Police Department stated that many of these crashes happen when a pedestrian crosses in the middle of a block instead of a designated crosswalk, when pedestrians ignore safety around public transportation stops like for buses and the light rail, and when drivers fail to yield to pedestrians as they cross the street or other areas. As these crashes can be caused by drivers or walkers, the campaign aims to encourage both groups to exercise safety. Pedestrians are encouraged not to cross mid block and to always look before entering a street while drivers are asked to remember that pedestrians can be anywhere and that they should drive accordingly.
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Deadly Crash in Chandler after Car Runs Red Light

by Dave Abels

Early Friday morning, the intersection of McQueen Road and Ray Road in Chandler saw a fatal collision between a truck and a minivan after one of the vehicles ran a red light.

Details are not yet clear as to who caused the crash but local police have confirmed that one of the drivers failed to stop at a red light and caused the collision by entering the intersection at the same time as the other driver. While they have not said which car is believed to be at-fault, police did say that the driver of the truck, who was also hauling a trailer, may have been impaired at the time of the collision.

The minivan had five passengers in addition to the driver while the truck had a driver and four passengers. Passengers from each vehicle were able to speak with police and said the other driver ran the red light. The driver of the truck was killed in the crash and it is not clear if anyone else was injured.

With no independent witnesses known, proving who was at-fault in this collision may prove difficult. In a “he said, she said” situation, police officers and investigators must try to determine fault from the evidence at the scene as well as their personal experience with other crashes. This can be a frustrating process for any victims injured in an accident.

While police are in charge of a criminal and traffic investigation, they do not work for a victim’s right for a civil recovery. That is what a personal injury attorney does through the use of a civil claim, or a claim or lawsuit for damages including any injuries and pain and suffering caused by a crash.

Arizona experiences thousands of accidents every year that are caused by one driver failing to yield the right-of-way to another. These failure to yield crashes may be caused by a distracted driver on a cell phone, an intoxicated driver or a driver under the influence of drugs, or even by a driver who is daydreaming and fails to pay attention to traffic for even a moment. Regardless of how this type of accident is caused, these crashes can be very dangerous because often the driver who fails to yield is traveling at a high rate of speed at the time of impact. Without slowing down, the force of the collision can be great and often results in injuries.
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Toddler Drowns in Arizona Pool After Parents Lose Sight of Her

by Dave Abels

A 2-year-old girl drown in a Litchfield Park pool earlier this week after her parents lost sight of her for two to five minutes, according to local police. The incident occurred at about 1:00 p.m. on Sunday at a family gathering that the girl was attending.

The pool was located in the backyard of the home and was surrounded by a fence but that a gate in the fence had been propped open, allowing access to the water. The family lost sight of the child for only a few minutes and when she was found, she was in the water and unresponsive.

The child was removed from the water and the homeowner performed CPR until paramedics arrived and took the child to an area hospital but despite their efforts, she was later pronounced dead.

The Children’s Safety Zone, an organization that works with Arizona fire departments, hospitals, and media to gather statistics related to water-related incidents and deaths within the state, says that there have been 16 deaths in the state in 2013, five of which were children. Drowning remains the leading cause of death among children ages one to four in Arizona and continues to claim lives annually.

Cities in Arizona often have their own guidelines related to pool safety and they are specific. In Litchfield Park, each pool must be surrounded by a non-climbable fence, wall, or other barrier that is at least five feet high and there cannot be any openings that would allow a round object with a four inch diameter to pass. Importantly, any gates in the fence or wall must be self-closing and self-latching with the latch at least 54 inches from the ground. The purpose of the self-closing and self-latching is to keep the pool area closed at all times to unintended users, like small children. Unfortunately in this case, it appears that a gate was intentionally propped open so that it could not close and therefore there was not a solid barrier between the victim and the water.

A child can drown in as little as a few inches of water and in just moments. Losing sight of a child in the area of a pool can have tragic consequences, as it did in this case and as it has done four times previously this year. Even a small act of negligence can lead to a child drowning.
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Mark Grace, Former Diamondback, Released from Jail after DUI Sentence

by Dave Abels

Tent City Jail has had a lot of well known inmates over the years, and now one more has successfully completed his sentence. Mark Grace, former Arizona Diamondback, finished a four month sentence earlier this week and has been released.Grace was arrested back in August near 72nd Street and McCormick Parkway for expired tags on his license plate. As the responding officer spoke with Grace, the officer determined he was under the influence and arrested Grace on suspicion of driving under the influence. It was the former baseball player’s second DUI arrest in 15 months and though his prior sentence required him to drive with an ignition interlock device, his vehicle did not have one. An ignition interlock device is designed to prevent a car from starting if alcohol is detected on a driver’s breath in a certain quantity and driving without one when it has been required is a felony.

Grace is known in Arizona for his playing time with the Diamondbacks as well as a later career as an announcer with the organization. After he was arrested the second time, Grace took a leave from his position with the club but later was reinstated. In January of 2013, Grace pleaded guilty to driving under the influence and endangerment as part of a plea deal. He also underwent alcohol counseling which he self described as going well.

Grace was sentenced to twelve hours a day in Tent City, Sheriff Joe Arpaio’s solution to jail overcrowding that places inmates in an outdoor facility comprised mainly of military surplus tents. Grace was released during the day to continue his employment as a coach on the staff of a Diamondbacks minor league team and he returned every night to sleep in the jail. He now faces two years of probation as part of the original plea deal.

Grace has given several interviews while in Tent City, including one with Sheriff Arpaio, and in many of them, he has taken responsibilities for his actions and encouraged others, especially children, to stay away from drugs and alcohol.

Fortunately, Grace was arrested after a routine traffic stop and before he caused a collision with another car, bicyclist, or a pedestrian. Though no one was hurt in this instance of drunk driving, many times driving under the influence leads to injuries through collisions, and leaves those injured with questions about their rights.
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Hit-And-Run Driver Kills Pedestrian in Glendale

by Dave Abels

Passersby called 911 Wednesday morning to report a woman lying in a Glendale street early this morning who appeared to be severely injured and unresponsive. One witness performed CPR on the woman while waiting for paramedics to arrive and she was eventually transported by air ambulance to an area hospital. Despite all efforts, she died of her injuries.

Police now believe that the pedestrian was the victim of a hit-and-run accident that took place on Northern Avenue in the early morning hours. The crash took place near the intersection of 63rd Avenue and involved an unknown driver in an unknown car. After the collision, the victim was left for dead in the street as the driver fled the scene without calling police or checking to see if the woman was even alive.

While little is known at this time, police have been encouraged by one potential piece of evidence. A side-view mirror was found on the scene near the victim and may be from the offending vehicle. Officers plan to identify the make and model of the vehicle the mirror belongs to in an effort to track down the responsible car. However the Glendale Police have stated that at this early point in their investigation, they cannot definitely confirm that the mirror is related to the crash and that it may be from an earlier collision or entirely unrelated to any traffic incident.

Police are looking for any information related to this incident and the public is encouraged to call the authorities if they know anything. Additionally commuters should note that the area between 59th and 67th Avenues is expected to remain closed through morning rush hour so an alternate route should be used.

There are many reasons that the law requires drivers who are involved in an accident to remain at the scene until police arrive. One of them is that if a person is injured, help can be obtained faster and increase the chance of survival. It is unclear whether the victim in this accident would have survived if she received medical treatment immediately after the collision but the delay in care did not improve her injuries.
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Two Planes Collide, Killing Four in Northern Phoenix

by Dave Abels

Friday afternoon saw a deadly plane crash in Northern Phoenix. Two small planes, a Cessna and a Piper Archer III, collided in mid-air near Phoenix Deer Valley Airport, causing the Cessna to catch fire on impact and killing four people.

The collision occurred around 10:00 a.m. between the planes, which were both single engines, and it is not yet clear what caused the crash. Local authorities have reported that both planes were owned by companies that operate local flight schools with training to become private or commercial pilots.

One of the schools released an official statement on its website stating that both individuals killed in its plane were flight instructors but that the school would not be releasing any personal information about either out of respect for the families involved. The same school stated that it is fully cooperating with the National Transportation Safety Board (“NTSB”) while the NTSB conducts an investigation into the accident.

Flying continues to be one of the safest ways to travel, both within the United States and abroad. Arizona has dozens of airports from large, international airports that service commercial jets to small, private airports that are used mainly for pilot training, crop dusting, and other local tasks. However as planes continue to fly, there will continue to be plane accidents that injure or kill innocent passengers.

In this case, two planes collided and the cause remains unclear. Planes should never collide mid-air without some sort of negligence on the part of a pilot, air traffic controller, or even a defective plane. If negligence causes a plane crash that results in injuries or death, the negligence individual can be liable for criminal damages as well as civil damages, including any injuries that result.

A common reason that planes crash is due to pilot error. Whether the pilot fails to pay attention, falls asleep, or is intoxicated, an error that occurs thousands of feet above the ground is incredibly dangerous and likely to be deadly for any passengers on board. The same can be said of error on the part of an air traffic controller. It is the job of an air traffic controller to know the patterns of flight traffic and to ensure that no two planes occupy the same air space at the same time. If a controller loses track or forgets about a plane, it becomes easy for aircrafts to be too close to one another, potentially causing a collision.
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2-Year-Old Drowns in Phoenix Pool

by Dave Abels

Yesterday turned tragic for a family in Phoenix when a young girl drown in a backyard pool. The 2-year-old girl was at the home of her grandmother when she reportedly got access to the pool without the knowledge of an adult.

Firefighters responded to the home, located near Thomas Road and 75th Avenue, where the child was unresponsive. Though first responders transported her to a local hospital, she died as a result of her injuries.

The pool at issue is reportedly a private pool located in the backyard of the grandmother’s house. Early reports indicate that there is not a fence surrounding the pool to prevent unintended or unwanted access to the water.

The City of Phoenix has code provisions requiring the use of a fence with most, if not all, pools. The requirements do vary somewhat depending on when a pool was built but since 1990, all preexisting pools and subsequently built pools were required to meet rigorous safety standards if they were accessible to small children.

Currently, an exterior fence must be at least five feet high without any large gaps or holes. Any gates must be self-closing and self-latching with the ability to accommodate a lock. Pools constructed after 1991 may also be required to have an inner yard barrier regardless of whether or not children are regularly present in the area. The rules and guidelines are very specific and do not leave room for flexibility because the need for proper pool safety equipment is so important.

This time of year, valley pools are in high use. Once we start seeing the temperature spike into the 90s and above, pools are seen as a great way to cool down and as a great way to let kids play outside since the heat can make some parks and playgrounds unfeasible. Even if adults are not thinking about playing in a pool, chances are that a child is if there is a pool or other body of water in sight.

Children are drawn to the water and drawn to pools and they will find a way to get to one if they can. This is why it is crucial that all pool owners and anyone who supervises a child near water be constantly alert for the danger it provides. A child can drown in only a few inches of water in just a matter of minutes meaning that looking away for even a moment can turn deadly.
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Head-On Crash in Arizona Leaves 4 Dead, 4 More Injured

by Dave Abels

The Arizona Department of Public Safety reported that a deadly crash occurred between a van and a pickup truck in southern Arizona this morning. The collision occurred just outside of Douglas, a town near the Mexican border, on U.S. 191.

A van carrying seven migrant workers collided with a pickup truck for reasons that are not yet clear but it does not appear that either driver was impaired. Three of the individuals in the van as well as the driver of the pickup truck were killed as a result of the crash while four others were injured.

All of the injured were flown to a hospital in Tucson where their conditions are not yet known.

The collision occurred in an area where the highway is a two lane, undivided road in a relatively remote area. Unfortunately this is one of the most common settings for a head-on collision to take place because vehicles are traveling at a high rate of speed and there is nothing physically separating one direction of traffic from the other.

Head-on crashes account for a disproportionately large number of injuries and fatalities across the nation and in Arizona every year. One of the reasons they are so deadly is that head-on collisions often occur when one driver leaves the designated lane of traffic. Many times drivers do not anticipate this type of accident and therefore do not brake or brake very little, meaning that vehicles often impact at full or nearly full speed.

These collisions commonly result in broken bones, head and neck injuries, concussions, abrasions, shoulder injuries, and damage to internal organs making them a serious cause of pain and suffering for many victims. For those who survive, injuries may take weeks, months, or even years to heal and some people will never fully recover.
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Arizona Police Officers Make Nearly 560 DUI Arrests Over Memorial Day Weekend

by Dave Abels

Many police officers are on alert during long summer holidays because those holidays often include an increase in drinking across the state. That increase in drinking may lead to reckless behavior and often to driving under the influence which is both illegal and extremely dangerous.In anticipation of heavy drinking periods, more officers are on duty and are looking for signs of drunk driving. This may include driving significantly slower or faster than other traffic in an area, weaving in an out of lanes, or other aggressive behaviors like running red lights. Arizona law discriminates based upon the blood alcohol content (“BAC”) in a driver’s blood stream at the time a vehicle is operated in terms of what crime, if any, is committed.

A driver with a BAC under 0.08 is presumed not under the influence of alcohol and likely is not guilty of a crime, though if that person shows the affects of any amount of liquor while operating a vehicle, even a low level, can be guilty of driving under the influence. The law presumes that a driver with a BAC of 0.08 or higher is influenced by alcohol and therefore is guilty of driving under the influence while anyone with a BAC of 0.15 or greater is guilty of aggravated or extreme driving under the influence.

With the assistance of this knowledge, Arizona police officers questioned and arrested nearly 560 drivers over the long weekend for driving under the influence, including aggravated and extreme DUIs. These arrests were based on more than 13,000 traffic stops that occurred through early Tuesday morning. Of the 560 drivers cited, 31 of them were under the age of 21 and therefore not legally authorized to drink, meaning that those drivers are likely to face additional charges for possession of alcohol.
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11-Year-Old Boy Killed By Hit-And-Run Driver

by Dave Abels

An accident in Phoenix over the weekend claimed the life of a Phoenix 11-year-old boy who was in the wrong place at the wrong time. The driver who caused the collision fled the scene and has not yet been apprehended by authorities.

Phoenix police stated that the boy was walking through a parking lot with his mother near 35th Avenue and Indian School Road on Saturday night near their home. A driver entered his Izuzu Amigo that was parked in the same parking lot, intending to leave, and place his vehicle in reverse. Police now believe that the driver failed to remove a steering wheel device designed to prevent vehicle theft before placing the car in reverse. The car backed up and struck the young boy, running him over, and then continued to hit a chain link fence where the vehicle stopped. With the safety device in place, the driver would not have been able to steer or brake to control the car.

After the impact, the driver reportedly got out of his car and helped the boy’s mother remove the boy from underneath the Amigo before the driver fled the scene on foot. Though officials have been looking for the driver, they have not yet located him and are asking the public for any information that might be helpful. Some witnesses at the scene said the driver appeared to be intoxicated when he exited his car and as he walked away leading to the speculation as to why the driver failed to remove the safety device before moving his car.

Though the victim in this case was transported to an area hospital for medical treatment, his injuries were too severe and later claimed his life.

Hit-and-run accidents like this one in Phoenix are often serious and may become deadly. The fear of facing traffic charges causes some drivers to flee the scene of an accident but this action may subject a driver to more serious charges in the long run. A hit-and-run driver may also leave a victim without the means or ability to seek medical care, especially if no witnesses are around, and therefore these collisions may turn deadly when proper treatment would otherwise have allowed a victim to survive.
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