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

Elderly Driver Crashes into Store, Injures 4

A 78-year-old woman thought she parked her car outside of a fabric store in Mesa this week, intending to get outside to shop, but instead she continued driving into the store front and crashed through the building. Four people, including one employee, were in the area of a cash register when the car barreled towards them and hit all of them around 10:30 a.m.All four people who were hit were injured and one of the victims, an 89-year-old woman, sustained life-threatening injuries and required surgery. It is not clear if that victim will survive.

The driver of the SUV appears to have jumped a curb separating parking from the store itself and entered the building near the area of the front doors. Instead of stopping immediately, the car continued to travel a significant distance within the store, knocking over shelves and causing a path of destruction.

The incident occurred on East Main Street and at this time, officials do not believe the driver was impaired at the time of the crash. It is not clear why the driver failed to place her car in park or why she continued to travel so far into the store itself before stopping.

Officials have not yet issued any citations to the driver pending an investigation but it is still possible that the driver will be cited. The violations may change if any of the victims do not survive their injuries but police officers have stated that they are not pursuing a criminal investigation in this matter, believing that no crime occurred.

Though police have stated that no crime occurred, that does not mean that the elderly driver is not at-fault for the injuries and the damage she caused. Besides criminal charges, the driver may face traffic violations or civil claims for the destruction she caused.
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Phoenix Police Officer Killed by Hit-and-Run Driver

by Dave Abels

A six year veteran of the Phoenix Police Department was killed in the line of duty on Sunday morning when he was stuck by a hit-and-run driver. The officer was on the scene to handle another incident with a driver who was allegedly under the influence of drugs or alcohol when the officer was hit by a green Ford Expedition. The driver of the Expedition fled the scene and the officer later died of his injuries.

The officer, an Iraqi War veteran, is survived by his wife and one child.

Police officers investigating the incident later found the Expedition but they have not yet determined who was driving the vehicle at the time of the fatal crash. Anyone with information related to the collision or the driver of the Ford Expedition is asked to call the Phoenix Police Department or Silent Witness where callers can remain anonymous if they choose.

The law in Arizona requires anyone involved in a motor vehicle accident to stay on the scene until responders arrive. This is to provide police and any other drivers with personal information as well as to make sure that anyone injured gets the medical care they need. Unfortunately many Phoenix drivers do not follow the law and leave the scene of an accident that they cause which puts the other drivers involved at risk.

In this case, the vehicle that caused the fatal accident was later found, meaning that charges may be filed against the driver or the owner of that car related to the collision and for leaving the scene of the accident, depending on what the evidence reveals. Identifying the person who caused an accident also means that a civil suit for damages can be brought against that individual.

In many hit-and-run crashes, the other vehicle and its driver cannot be identified. Often the only witness is the driver who remains at the scene and it can be difficult for a car accident victim to be certain of all details of the crash, including the make and model of the other vehicle as well as a description of the driver. Injuries can also prevent a victim from identifying the other vehicle.

If the other driver that causes a collision cannot be identified, it is still possible to bring a claim for injuries sustained in a crash. Most automobile insurance policies have something called uninsured motorist coverage which provides an avenue for recovery when a driver is injured by a hit-and-run motorist. In a claim for uninsured motorist benefits, a driver’s own insurance company steps into the shoes of the insurance company for the unknown, at-fault driver and provides coverage for the collision.

An uninsured motorist claim can cover the same types of losses as a claim against an at-fault driver, including expenses for medical bills incurred, lost wages, and any other damages suffered by a driver.
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Second Child in Two Months Drowns in Valley Pool Accessed by Doggie Door

by Dave Abels

A 17-month-old child drowned in a Glendale pool after he used a doggie door to crawl outside of a relative’s house, according to local police. The child was found floating face down in the water and estimates put him there for about 15 minutes. Though rescue efforts, including CPR, were attempted, the boy died of his injuries.A similar incident happened recently in Mesa where another child crawled through a doggie door and got access to a backyard pool. That child also died, leaving experts to alert parents to the dangers doggie doors may pose to small children.

Our hearts go out to the victims’ families in both tragic cases.

Children are often drawn to pools and other bodies of water which is why most states have laws regarding safety requirements for public and private pools. Arizona is all too familiar with pool drownings since the states sees the second most drownings each year. This is due to a combination of reasons, including the high number of pools per capital, the extended length of outdoor pool season due to the weather, the number of year-round pools, and general negligence on the part of pool owners, operators, and those supervising small children.

Swimming pool deaths are avoidable and can be prevented with proper safety procedures including a fence that cannot be breached by young children. As these recent drownings illustrate, though, a fence that uses a house or other building as one wall may not be sufficient if a child can find another route to access the pool.

The average doggie door is big enough to allow a child to pass through as easily as a dog. If a home has a doggie door that leads to a pool or to an area that provides access to a pool, officials now caution parents and others to lock the doggie door when children are home. If kids cannot access a pool, they will not be able to be harmed by the water.

The owner of a pool is responsible with making it a safe and secure area that is not able to be accessed by others, including small children. If an owner fails to keep a pool secure or allows a child unauthorized or unintended access to the water, the owner may be liable for any injuries the child sustains. This can include medical and rehabilitative bills in the case of an injury or damages for loss of the life of a child who drowns in the water.
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Ride of Silence Hits Valley in Remembrance of Bicyclists

by Dave Abels

Mesa and Gilbert will see hundreds of cyclists take to the streets tonight for Ride of Silence, an international movement to highlight those injured and killed while cycling. The silent ride will begin at 7:00 p.m. at Mountain View Park in Mesa and will follow an 11 mile route south to Freestone Park in Gilbert before finishing back at Mountain View.

Ride of Silence began in 2003 in Dallas, Texas after a cyclist was killed by a passing bus. The ride is open to the public and free to join with no registration needed. Cyclists all over the globe are encouraged to band together for a silent ride in honor and memory of those bicyclists who have been injured or killed in accidents.

The idea behind Ride of Silence is to draw attention to the cycling community so that motorists are more aware of cyclists and their use of the roads. If more motorists are aware of bikes and are actively alert for riders, the belief is that fewer collisions will occur, resulting in fewer bicyclists being injured or killed in Arizona and across the world.

Organizers have several rides throughout Arizona scheduled all for 7:00 p.m. tonight as May 15 has been the designated date for northern hemisphere rides. Participating groups in the southern hemisphere are preparing for rides to take place on Saturday which is also used for northern cities that experience inclement weather tonight.

As the goal of the ride is to increase awareness and safety, all participants are encouraged to wear bicycle helmets and to follow all local laws during the ride. As the name suggests, there is no chanting, shouting, or even quiet talking during the trip – riders are encouraged to remain silent so their presence as a unified group makes the statement as opposed to individualized words from the riders themselves.

Bicycle safety is a major concern in Arizona where 1,910 bicycle crashes occurred in 2011. Of those collisions, 1,586 resulted in injuries and 23 crashes proved fatal. The most common causes of death among bicyclists are head and brain injuries but broken bones, internal injuries, cuts and scrapes, and puncture wounds are also relatively common. The best way to avoid crashes is to ride defensively and always wear a helmet. The fact is that even though motorists should always be cautious of cyclists, many are not and collisions often occur.

Arrest Made in Phoenix DUI Crash that Killed Bus Patron

by Dave Abels

A Monday morning car crash left one man dead and another seriously injured when a vehicle slammed into a Phoenix bus station. Now authorities say that a suspect has been arrested and is in custody facing criminal charges related to the incident.The 22-year-old driver of a Chevy Impala lost control of her vehicle and swerved to avoid oncoming traffic, veering into a bus stop in the area of 27th Avenue and Indian School Road. The bus stop was destroyed in the collision and one man waiting for the bus was killed. Another man suffered serious injuries and a third person waiting for the bus avoided injury when she ran into the road to avoid the speeding car.

The driver of the car and her passenger fled the scene on foot and avoided capture but the driver turned herself into authorities shortly after the crash. Officers noticed visible signs of impairment in the driver who admitted drinking alcohol and smoking marijuana before the collision. She has been charged with second degree murder, aggravated assault, endangerment, and leaving the scene of a fatal crash, which may have resulted after she ran a red light.

Arizona law makes it illegal to drive under the influence of alcohol or drugs. Any person who is under the influence is guilty of violating the law and may be criminally charged as a result. The law presumes that anyone with a blood alcohol content of 0.08 or greater is under the influence of alcohol and may face a fine, community service, suspension of a driver’s license, or even incarceration in jail or prison, depending on the nature of the crime and any prior convictions for driving under the influence.

It is harder to determine if someone is influenced by drugs like marijuana at the time of a crash because traces of the drug may stay in someone’s system for longer than the effects last. However the law is clear that a driver is considered under the influence of a drug if the drug or its metabolite is detected in the driver’s system meaning that any presence of drug in a driver’s system, whether or not the driver is actively high, can be a violation.

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DUI Driver Kills 3-Year-Old, Injuries Three Others

by Dave Abels

An 18-year-old man in Phoenix caused a crash that left a 3-year-old boy dead and his sister clinging to life in an area hospital. Authorities suspect the driver was under the influence of drugs or alcohol at the time of the accident and he is expected to face criminal charges as a result.The collision occurred on Southern Avenue and 36th Street where the driver reportedly swerved in and out of traffic before hitting a curb and several shrubs, overcorrecting his path of travel and crossing the center line, hitting a Pontiac G6 in a head-on collision.

The G6 was driven by a female who sustained serious injuries and was treated at a local hospital. She had a 5-year-old girl, a 3-year-old boy, and a 1-year-old girl in the car as well. The 3-year-old boy died from his injuries and the 5-year-old girl is in critical condition. It is not clear whether she will survive but the injured 1-year-old is expected to make it.

The at-fault driver was thrown from his vehicle upon impact and he was examined by doctors and treated before being taken into custody. Officials have not released the nature of the charges the man will face as a result of this crash.

The legal age to consume alcohol in Arizona is 21, so if the driver in this case was 18 and had alcohol in his system, he will likely face charges of underage drinking or possession in addition to the crash-related charges.

Driving under the influence of alcohol or drugs is illegal in Arizona and extremely dangerous. In 2011, there were 103,423 automobile collisions resulting in 754 fatalities in the state. Of those collisions, 5,537 were caused by alcohol and those crashes resulted in 265 deaths. While collisions caused by alcohol accounted for only 5.33 percent of all crashes, the percentage of fatalities caused by alcohol was 32.12 percent, meaning that collisions caused by alcohol are much more likely to be fatal than crashes unrelated to alcohol.

In alcohol-related collisions, there may be several avenues towards a recovery for personal injuries, including claims against the drunk driver, the owner of the driver’s vehicle, a bar or restaurant that served the driver too much alcohol, or even a victim’s own insurance policy in the case of an uninsured or underinsured drunk driver.

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Biker Charged with Manslaughter and DUI in Crash that Killed Passenger

by Dave Abels

A Flagstaff motorcycle crash last year that left a passenger dead has led to charges against the driver of driving under the influence, driving under the influence of drugs, and manslaughter.

The biker, an 18-year-old man from Flagstaff, met a 19-year-old female at the Flagstaff mall and offered her a ride on his motorcycle, which she accepted. While still behind the mall, the driver dropped his bike and the passenger hit the ground. The female passenger died several days later from her injuries while the driver was not injured in the crash. Tests after the collision showed marijuana in the driver’s system.

The biker claimed that he swerved to avoid another vehicle and therefore was not guilty of manslaughter as charged. Police have countered that the biker was driving under the influence and lost control of his bike, which in turn caused the injuries that resulted in the passenger’s death. Investigators have also noted that the driver was cited for speeding twice in the six month period before the fatal collision.

Reports indicate that the passenger was not wearing a helmet at the time of the accident.

In 2011, there were 680 collisions in Arizona where the driver appeared to be under the influence of drugs. Of those 680 crashes, 40 involved fatalities and another 310 involved other injuries. Motorcycle crashes often result in much greater injuries than car crashes so it is not surprising that there were 16 motorcycle accidents with a driver under the influence of drugs that resulted in nine fatalities in Arizona in 2011. This means well over 50 percent of all motorcycle collisions with a driver under the influence of drugs resulted in death where only 6 percent of all car crashes with the same conditions resulted in a fatality.

The numbers are shocking. A biker who crashes while under the influence of drugs is likely to kill himself or his passenger.
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Phoenix Drunk Driver Runs Red Light, Causes Fatal Collision

by Dave Abels

Earlier this week, Phoenix Police responded to an accident caused by a driver that is believed to have been under the influence of alcohol, according to ABC 15 news. The driver failed to yield a red light and caused a collision early Tuesday morning, killing one person and injuring himself and a pregnant woman.The driver of a Mercury Sable ran a red light at the intersection of McDowell Road and 35th Avenue and hit a GMC truck, which caused the GMC to spin and hit a third vehicle, a Mercury Grand Marquis.

The Sable driver was not wearing his seatbelt and was seriously injured in the collision. He received treatment at an area hospital and his condition is not known at this time. The driver of the GMC was ejected from his vehicle and died as a result of his injuries. It appears the pregnant driver of the Grand Marquis sustained no life-threatening injuries but was transported to a local hospital for observation.

Phoenix has numerous collisions every year that are caused by a driver running a red light. Unfortunately these collisions often result in injuries and sometimes even death.

In 2008, there were 2,044 fatalities at intersections controlled by traffic lights in the United States. Of those fatalities, the National Highway Traffic Safety Administration believes that 762 were caused when a driver ran a red light. As was the case in the recent Arizona crash discussed above, many of those killed are people other than the at-fault driver. Passengers in the at-fault driver’s vehicle, drivers and passengers in other vehicles, and even pedestrians are at risk when someone runs a red light.

The use of red light cameras at Phoenix intersections has been controversial over the last few years. The cameras are designed to photograph or film cars that do not stop for a solid red light so that the driver of the vehicle can be issued a citation, thus enforcing the law and raising revenue through fine collection. However new research suggests that the presence of red light cameras at intersections might also reduce collisions caused by running a red light.

A new study shows that red light cameras at intersections encourage motorists to be more cautious than at intersections without the cameras, making drivers more likely to stop for a red light when a camera is involved. This in turn has led to a decline in the number of red light related intersection collisions in Virginia, according to the study conducted by the Insurance Institute for Highway Safety.

The study showed that the cameras had the most significant effect of curbing red light violations that occurred long after the light changed: approximately 1.5 seconds after the light changed to red and longer. These are the red light violations most likely to cause a collision because traffic in the other direction often has entered the intersection by this time.

Regardless of whether or not a traffic camera is used at an intersection, it is never a good idea to run a red light. Doing so is illegal and can earn you a traffic ticket and a fine as well as other civil penalties. More importantly, running red lights hurts hundreds of thousands of people every year and causes hundreds of deaths. When driving, slow down and stop for red lights to keep yourself and everyone else on the road safe.
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NBC Sports Personality Al Michaels Arrested for DUI

by Dave Abels

Current NFL Sunday Night Football play-by-play announcer Al Michaels was arrested for driving under the influence Saturday night in California. Michaels, famous for his announcement of the 1980 USA Olympic hockey win over the U.S.S.R., was taken to a Santa Monica City jail where he remained for approximately 5 hours before being released on his own recognizance.

Neither Michaels nor NBC made an immediate comment on the arrest and charges. Michaels is not scheduled for an initial court appearance until late June.

This story broke the same day as news that the bassist for the band 3 Doors Down caused a fatal collision while driving under the influence, highlighting some of the serious consequences of driving impaired.

Arizona suffers as a result of drunk driving collisions every day. Alcohol is a factor in more than 26 percent of all Arizona car crashes and alcohol-related crashes cost the state more than $431 million in 2001. Estimates indicate average alcohol-related fatality costs Arizona $3.3 million including $0.9 million in monetary costs and $2.4 million in quality of life losses.

Unfortunately impaired drivers are not just a hazard to themselves but also pose a significant threat to anyone on the road. Many drunk drivers are repeat offenders and have not been deterred by broad regulations and laws, prompting Arizona to create individualized and tailored punishments for these offenders. The most common alternative sentences for repeat offenders include impoundment of vehicles used to drive while drunk, breath-testing ignition interlocks designed to prevent a car from starting when a driver has a positive blood alcohol content, electronically monitored house arrest as opposed to incarceration, and intensive probation supervision with treatment for substance dependencies.

Though risks include fines and punishment, many Arizona drivers continue to drive impaired. Sober drivers can’t control the condition of other drivers on the road but they can take steps to keep themselves safe. If you notice a driver that appears to be drunk, call the proper authorities immediately and report the behavior. It is always best to prevent a collision whenever possible and law enforcement officers are trained to handle drunk drivers. Be alert while you drive especially during times most associated with drunk driving: weekends, late nights, and holidays. Most importantly, never drive drunk and never let a friend or family member do so. Always designate a driver or take a taxi if you will be drinking.
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Driver Hits Bicyclist in Casa Grande, Arizona and Flees the Scene

by Dave Abels

A 59-year-old man was riding his bicycle along Pinal Avenue in Casa Grande when he became the victim of a hit-and-run accident. He was struck by a large SUV, according to local police. The SUV fled the scene leaving the injured bicyclist behind.Police found what they believe to be pieces from both the bicycle and a Ford Expedition believed to have been involved scattered at the scene. Early evidence indicates the Expedition may have been manufactured between 2003 and 2006. The bicyclist had to be airlifted to Maricopa Hospital in Phoenix where it was reported he sustained internal injuries as well as a head injury. Fortunately it appeared that the bicyclist’s injuries were not life threatening.

Early reports indicate that the bicyclist and the automobile were traveling in the same direction just north of the airport when the automobile struck the rider from behind.

A suspect was arrested by Casa Grande police but no charges have yet been filed.

Police are actively investigating the collision and are looking for any tips from local residents. If you have any information regarding this crash, please contact Officer Chuck Schmidlin at (520) 412-8700.
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