Author: Dave Abels
Will Arizona and other states prematurely outlaw the use of Google Glass while driving?
Google glasses will soon be hitting the market place. Some of you might be asking, what is Google Glass? The short answer would be glasses that are essentially a headmounted computer that allows you to do many functions hands-free with voice commands. You can use internet, take photos and video, get directions, send a message, obtain weather and flight information, and even use a Google+ hang out. The product won’t be cheap, around $1,500 and reportedly will be available as soon as the end of 2013.
That being said, even though the technology is not available yet, a politician in West Virginia has proposed legislation banning Google Glass while driving. A Republican named Gary Howell has proposed HB 3057 to make it against the law to use a “wearable computer with headmounted display” while operating a motor vehicle.
Howell has reportedly said that he likes the idea of Google Glass, but he also believes that the product will mainly be used by younger, less skilled drivers.He said that we are all aware of the many auto accidents caused by texting and driving, and that the legislator worked very hard to pass a no texting and driving law.
https://www.youtube.com/watch?v=v1uyQZNg2vE
Google Glass YouTube Video
It has not been reported what, if any safety research the legislator looked at before proposing the law. A spokesperson from Google responded that they have put a lot of thought into the design of Google Glass and that the product has a tremendous potential to improve safety on the roads and reduce the number of accidents.
The glasses are supposed to have many features to increase safety, such as spoken turn by turn instructions. You will be able to verbally inform Glass where you want to go and the navigation will begin. You can keep your eyes on the road, you don’t have to start looking at the navigation on your dashboard or on your cell phone. I personally use Google maps on my iPhone when navigating in my car. I can verbally request directions from the phone, but just like a dashboard unit, I do have to take my eyes off the road to look at the map. I also take my eyes off the road to pick up the phone.
As I sit here and write this article, I’m starting wonder if this West Virginia law, if passed, is going to end up allowing fatalities to occur that otherwise could have been prevented. Let’s be realistic, texting and driving is against the law in many states, but a high percentage of teenagers admit that they still text and drive. And, texting laws are very hard to enforce. With the new Google technology, the teenager could send the text without taking his or her eyes off the road, thereby reducing accidents and fatalities.
I hope that before law like this is passed in West Virginia and other states, the politicians take a good and long hard look at the research. As a car accident lawyer who often represents people who have been injured by distracted drivers, I would hope at some point soon this product will be tested for the safety issues and try to determine what would make our roads safer.
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Increase in pedestrian accident fatalities in Arizona and across the Nation
The chances of being killed in a pedestrian collision has seen an increase over the last few years in the United States. The federal government is reporting that there was an increase of 4% in pedestrian deaths from 2009 to 2010.The National Highway Traffic Safety Administration (NHTSA) has reported that 4,280 people on foot were killed by motor vehicles in 2010. On average a pedestrian was killed every two hours Surprisingly, the government reports that almost 80% of the fatalities in 2010 occurred outside of intersections. In my experience, most accidents I work with happen within the four corners of an intersection. This higher death rate statistic could be due to the fact that motor vehicles traveler higher speeds outside of intersections.
Almost 90% occurred in good weather conditions, almost 70% of the victims were males and 68% of the accidents occurred at night. Not surprisingly, alcohol was a factor in 47% of all fatal accidents either for the driver or for the pedestrian.
Here’s another fact. Arizona made the top five states for fatal pedestrian collisions in 2010. The top four states were 1. California (599), 2. Florida (487), 3. Texas (345), 4. New York (303). In Arizona, according to ADOT, 155 pedestrians were killed in 2010.
There is definitely a pattern here. Four out of the five top are warm weather states. New York was the only exception, however they have a huge population and NYC is a dangerous place to be a pedestrian. The logical conclusion here would be that people spend more time walking around outside in warmer weather states, as compared to cold-weather states.
On the opposite end of the spectrum, the four states with the least pedestrian deaths were Wyoming (3), Vermont (4), Alaska (6) and North Dakota(7). All cold-weather states.
Like the Nation, Arizona has seen an increase in pedestrian deaths as of late. In 2009, 122 pedestrians were killed. That number increased to 155 and 154 in the years 2010 and 2011.
In 2011, there were a total of 1,507 pedestrian accidents, and in those accidents 1,253 were injured. Due to the fact that pedestrians are unprotected, injuries in these accidents can be severe. Victims often incur head trauma, fractures, and spinal cord injuries, to name a few.
As I said above, alcohol often plays a role in many of these collisions. However, so does driver inattentiveness. Motorists look to protect themselves first. They pay close attention to other cars and trucks on the roadway, but then they fail to keep a proper lookout for pedestrians and bicyclists.
Left turning vehicles have a history of striking pedestrians in crosswalks. A driver pulls out into an intersection on a green light waiting for traffic to clear and turn left. When there is an opening, they rapidly accelerate and fail to observe crossing pedestrians in the crosswalk.
Distracted drivers are also known for hitting pedestrians. Not too long ago, lawyers at our office worked on a case where a texting driver lost control of a vehicle, drove up onto a sidewalk and struck to pedestrians who were walking out of a convenience store.
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Mother and daughter seriously injured by a drunk driver in Phoenix
Earlier this month an intoxicated driver caused a terrible head-on collision on Interstate 17 at Dixileta Drive in Phoenix. An alleged drunk motorist who was driving the wrong way in a Jeep northbound in the southbound lanes of Interstate 17 collided with another SUV while going about 65 mph.
The mother and daughter unfortunately sustained life-threatening injuries, including severe head trauma to the mother who is had to undergo surgery.
The intoxicated driver was also injured, but not as bad as the occupants of the other car. He is reportedly being charged with suspicion of aggravated assault and criminal damage. Police believe the driver was impaired at the time of the crash, that according to a DPS spokesperson. Police say the driver also has a prior record for DUI. The accident was significant enough to close several lanes of the interstate for 2 hours for a police investigation.
Drunk driving accidents are an ongoing problem in the Valley of the Sun and across the United States. Most years over 30% of drivers killed in accidents who are ages 25 through 34 are intoxicated. In the year 2007, nationwide one in seven people killed in DUI accidents were under the age of 21, therefore not even old enough to consume alcohol legally.
Injuries caused by intoxicated drivers can be especially upsetting to victims. This in part is because the accident was caused by an intentional act. Someone consumed too much alcohol and intentionally operated a vehicle, putting everyone on the roadway in jeopardy.
Like other parts of the country, motorists continue to drive while intoxicated even though there is a widespread public safety campaign in Arizona intended to reduce the amount of drunk drivers. This message is being spread by radio and television spots, and public service announcements in various forms.
Further, Arizona’s DUI laws are pretty tough. A first offense is a class I misdemeanor punishable by up to six months in jail and up to five years probation. A first-time extreme DUI offender (BAC of .15 or higher) has to serve a minimum 30 day jail sentence.
Even with this public relations campaign and Arizona’s tough DUI laws, the problem continues. Every year in Arizona approximately 15,000 people are injured and 300 are killed due to the negligent acts of drunk drivers.
Even more upsetting is the fact that, like in this accident, often the victims sustain more serious injuries than the drunk driver. This is sometimes due to the fact that the drunk driver may be traveling at a high rate of speed, slamming into a slower moving or stopped vehicle.
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Handling your personal injury claim without a lawyer?
In my experience as an injury lawyer, I have found that insurance companies in Arizona and other states try to payout as little as possible on personal injury claims. Insurance is a business. The less they pay on claims, the bigger their profits. All too often insurance adjusters try to settle claims with accident victims for a much smaller amount than the true value of the injury case. Further, major insurance carriers have high-end computer software, skilled insurance adjusters and tough defense lawyers at work on their behalf.
On the other hand, the average accident victim has no experience, no computer software and no idea what they are doing. Claimants moving forward without dedicated injury lawyers helping them are at a huge disadvantage. I cannot stress how important it is to have counsel fighting for you.
One issue that has been in the news lately is the computer programs that some insurance companies use when evaluating a personal injury claim for settlement. A number of companies and insurance adjusters use a program called Colossus to determine the value of a case. Insurance carriers like Allstate that use the program claim that Colossus enables people hurt in accidents settle their cases in a timely matter for a fair amount of money.
The problem with Colossus is the program can be manipulated, which results in smaller personal injury settlement offers to consumers, according to Mark Romano, a former claims project manager at Allstate. Romano spoke out in a June 2012 report entitled “Low Ball: An Insider’s Look at How Some Insurers Can Manipulate Computerized Systems to Broadly Underpay Injury Claims,”
In theory, Colossus was intended to aggregate claims based on the severity of injuries sustained in accidents. Settlement ranges are determined by entering past injury claim payouts into the system. According to Romano, in order to manipulate the program larger accident settlements were often omitted by Allstate. Romano claims that this omission created a settlement range that was around 20% less than the actual value of each claim. Romano further alleged that Allstate would encourage its insurance adjusters to claim that injury plaintiffs were somehow negligent in accidents. This was done to try to reduce settlement payments.
Computer Sciences Corporation is the company that created the Colossus program. In 2005 they, along with several auto insurance carriers, were hit with a number of class-action lawsuits. In the filings customers alleged that insurance companies were using the program to underpay them on personal injury cases. Several years later an investigation concluded that Allstate needed to use much more oversight when using Colossus to evaluate claims. Further, Allstate agreed to pay out a $10 million settlement due to the manner in which it used the computer program for policyholder claims. Allstate also agreed to inform the public that it may be using Colossus to evaluate personal injury cases in the future.
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Arizona auto accident – 1 dead, 2 injured
A car crash involving four vehicles in Mesa, Arizona has resulted in the death of an 87-year-old man. Two others involved were hospitalized with serious injuries.
The collision took place around 1:45 PM on Sunday in the area of 2900 N. Recker Rd. It is being reported that an 85-year-old woman caused a head-on collision by driving her Lincoln SUV in the wrong direction, striking a Mazda van. The accident caused the van to flip over, while the SUV spun out and struck a Chevy Cavalier and a Jeep Cherokee.
Accident witnesses state that just prior to the accident the Lincoln SUV had failed to stop at a red light at the intersection of Recker and McDowell Roads.
The person that was killed was a passenger in the Lincoln SUV. The elderly SUV driver was taken to a local hospital with life-threatening injuries. Two occupants in the Mazda van were also injured.
Mesa police officers state that it is not known why the driver went the wrong direction, and that their investigation is ongoing.
Unfortunately head-on collisions in Arizona are not uncommon. The Arizona Department of Transportation reports that there were 1,525 head-on collisions in 2011. In those accidents, 54 involved fatalities and 735 involved injuries. While head-on collisions represented only 1.8% of all Arizona accidents in 2011, at the same time they represented over 12% of fatal accidents. This statistic demonstrates the extreme danger of head-on collisions.
Beware of nighttime driving: According to the National Highway Traffic Safety Administration, fatal head-on collisions and other collisions are three times more likely to occur during nighttime hours. Around 50% of vehicle occupant deaths across the United States occur at night, even though only about 25% of all driving is done after dark.
Someone hurt in a Mesa car crash could be entitled to obtain a financial recovery for his or her pain and suffering, medical expenses, injuries, lost income, and other damages. The family of an accident victim who died due to the negligent driving of another motorist may have a wrongful death claim to pursue. If you or a loved one has questions after being injured in a collision, we strongly advise you to contact an experienced auto accident attorney as soon as possible.
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Settlement reached in Phoenix rear-end auto accident case
Rear end accidents occur often in the Valley of the Sun. Drivers and passengers struck from behind can suffer broken bones, back and neck injuries (whiplash), spinal cord injuries, severe head trauma, and sometimes death. Most crashes from the rear are caused by a driver failing to pay attention or following too close. Sometimes these accidents are caused by distracted drivers; people texting or talking on a cell phone, or even playing with the radio, eating or drinking.
A rear-end car accident victim can recover compensation for medical care, pain and suffering, bodily injury, and loss of income sustained from an accident. Sometimes insurance adjusters unfairly deny personal injury claims of accident victims who were struck from the rear, or an adjuster might make an low settlement offer, knowing that a person is not represented by counsel.
Recently our office reached a $35,000 settlement for a client who was rear-ended back in November of 2011. She was driving eastbound on Pecos Road in Phoenix and as she approached the intersection with S. 40th Street. The light was red and a car stopped in front of her. She brought her vehicle to a complete stop behind the other car.
At that time our client was hit from behind by another driver who failed to notice the red light and failed to notice traffic come to a stop. The defendant struck the rear of our client’s car with the front end of her vehicle. Our client was thrown forward in her seat and her car struck the vehicle in front of her.
The Phoenix Police Department responded to the crash. At the scene of the accident the defendant admitted she was at fault.
The plaintiff had a headache immediately after the accident, along with back and neck pain. Overnight and the next morning her pain intensified. Several days later she followed up with a physician.
At that time she complained of migraines, neck pain, back pain, nausea, and trouble concentrating. Her injuries were affecting her daily activities and her pain was made worse with sitting, movement, and working. She was diagnosed with migraines, cervical sprain/strain, thoracic and lumbar pain. A course of physical therapy was prescribed to eliminate her muscle spasms, increase her range of motion and return her to normal activities without pain.
The case settled without having to go to court, saving both sides the cost of litigation.
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State Law Fighting Aggression-Related Car Accidents in Arizona
Aggressive driving is a major concern of drivers on roadways across the country. As a matter of fact, aggressive driving is ranked as one of the top traffic safety issues in national surveys. In the state of Arizona, law defines aggressive driving as:-Speeding and at least two of the following: failure to yield right of way, following too closely, unsafe lane change, passing on the right out of regular lanes of traffic or failure to obey traffic control device, and is an immediate hazard to another person or vehicle.
There are only 15 states that address aggressive driving behaviors in their legislatures. Luckily, Arizona is one of those states, according to the Governors Highway Safety Association (GHSA). Officials with GHSA are urging states to step up in the fight against these dangerous drivers. To help to reduce the risks of aggression-related car accidents, GHSA recommends the following:
-The National Highway Traffic Safety Administration (NHTSA) should consider sponsoring a campaign to push enforcement efforts, to raise awareness and to educate drivers about the dangers of aggressive driving.
-Local and state officers should consider tackling speeders and aggressive drivers at the same time, especially since speeding is common among aggressive drivers. This would also be an effective route of enforcement because the driving public typically sees aggressive driving as more dangerous. The public would typically support this kind of effort compared to one that only targets speeding drivers.
Ninety percent of drivers who were surveyed by GHSA said that they felt that aggressive driving is unacceptable. Still, about 50 percent of these same drivers admitted to engaging in aggressive driving behaviors.
Aggressive driving may be more common on our roadways because our roadways are typically more crowded nowadays. As a matter of fact, the number of vehicle miles driven is up nearly 40 percent over the last 10 years. There are more vehicle miles driven because there are more vehicles on our roadways. During that same period of time the number of miles of roadway has only increased by 1 percent. That’s a lot more vehicles and a lot more travel on just about the same amount of road. With the driving public in a hurry and our roadways congested, we’re left with a recipe for aggression. Drivers are urged to ignore aggressive drivers that they run into on our roadways. Never return the aggressive behavior. Stay calm and stay away from that driver. Report them to officers to help keep our roadways safe for all. Stay calm, stay alert and stay safe on our roadways. Don’t let aggression get the best of you!
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Recent Arizona motorcycle accidents a reminder of the dangers of riding
An Arizona motorcycle crash that took place on January 9, 2013 in Tucson has left two unidentified people injured. The incident occurred when the bikers were struck by car at East Sixth St. and N. Cherry Ave. The Tucson police Department is reporting that the motorcycle was carrying two people and was moving eastbound on Sixth Street in the right lane when a car headed west made a left turn, possibly failing to yield the right-of-way.
The accident occurred in very close proximity to the University of Arizona campus, between the student recreational center and the Arizona Stadium. One person on the scene, a university freshman, said he heard a big crash and when he looked outside he saw people laying on the ground, not moving. The car sustained damage to the front bumper, while the motorcycle was totaled, and was trapped under the car and was leaking gasoline
The exact injuries to the motorcyclists have not been reported. Afterwards they were taken to a local hospital by ambulance. Police Department officials stated that no traffic citations were issued after the accident, as it was unclear what color the traffic control light was at the time of the collision.
In a second collision, two people were hurt in a Phoenix area motorcycle accidents on January 18. The incident occurred at McDowell Road and 52nd St. One rider was taken by ambulance with serious injuries to a local hospital. How the accident occurred has not been reported, however local TV station video was able to show a female being placed into a police car in handcuffs.
In 2011, there were 2980 motorcycle accidents in the state of Arizona. There were 132 people killed and 2553 injured in those accidents. Motorcyclists were involved in 2.88% of all motor vehicle accidents in the State, while at the same time they represented 16% of all accident fatalities. Further, those involved in an Arizona motorcycle accident were injured over 90% of the time. These statistics demonstrate just how dangerous motorcycle riding can be.
Due to the fact that riders often have little or no protection, they can sustain severe spinal cord injuries, broken bones, head injuries, burn injuries, paralysis and sometimes death. While some argue that most motorcycle accidents are caused by aggressive riding, in reality most of these accidents are caused by the negligent actions of other drivers on the road.
Often motorcycle accidents are caused by vehicles failing to yield while making a left turn. Our law office is currently working on two separate motorcycle injury claims caused by motorists failing to properly turn left.
In Arizona, even if a motorcycle rider was partially at fault for an accident, he or she still may be able to obtain a monetary recovery for any damages incurred in an accident. If you or member of your family was injured in a Phoenix motorcycle crash, It would be best to contact a qualified injury lawyer as soon as you can.
If you’ve been hurt in Arizona accident, call the attorneys at Abels & Annes at 602-819-5191. Our experienced motorcycle accident lawyers are available 24 hours a day, seven days a week to help answer your questions and move forward with your accident claim.
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Speeds Increasing Risks for Car Accidents in Arizona
According to a recent release from the Governors Highway Safety Administration (GHSA), speed continues to be a top factor in nearly 30 percent of all fatal car accidents in Phoenix and elsewhere. This new release comes with a number of recommendations from GHSA regarding ways for state and local government officials to help to fight speeders on our roadways. Although campaigns have helped to reduce the risks associated with nearly every other kind of driving danger, speeding is still a top contributor. As a matter of fact, there were more than 10,500 people who were killed in speed-related car accident in the U.S. in 2010.Unfortunately, the fatalities associated with speed-related accidents haven’t seen any kind of reduction in the last 12 years. As a matter of fact, these kinds of fatal accidents have increased nearly 10 percent since 2000. The increase was despite a 25 percent increase in the use of seat belts in fatal accidents and a 5 percent decrease in alcohol-related accidents.
Speed continues to be only area of highway safety that hasn’t seen a reduction in nearly 30 years. Still, there’s nothing forcing drivers to speed. It’s just a result of dangerous driving habits and little emphasis on roadway safety.
Many states are going the wrong way in fighting speedy drivers. As a matter of fact, there are 7 states that have raised the speed limits to more than 80 miles per hour on some roadways. These states went against the grain and against evidence that concluded that accidents were more likely with higher speed limits. On the other hand, there are only 2 states that have raised their fines for drivers busted speeding. Another 3 states have launches new “super” or “excessive” speeder classifications.
The public doesn’t seem to be too worried about speeders either. According to a recent survey that was conducted by GHSA, nearly 80 percent of drivers responded with a “public indifference to speeding.” About 60 percent responded with a “public perception that speed enforcement is just a revenue generator” response. Another 45 percent of respondents cited “lack of federal funding for enforcement” as the reason why speeders are so common on our roadways.
Right now, there are 35 states that are experiencing a reduction in available enforcement officers to target speeds.
“Not having enough officers available to conduct speed enforcement…makes it difficult to convince offenders that speeding is unacceptable,” said Troy E. Costales with GHSA.
GHSA suggests that states start targeting speedy drivers through aggressive driving enforcement campaigns. This is suggested because the public typically views aggressive driving as more of a threat than speeding. The second recommendation is that officers should target speedy drivers in work zones and in school zones. These areas typically get more support for enforcement efforts.
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