Abels & Annes, P.C. Personal Injury Blog

What rights do pedestrians have to walk in the Phoenix area? At first, that may seem like a silly question. Obviously, everyone has the right to walk from place to place, not only in Phoenix but in any city across Arizona. Yet when it comes to local traffic rules, it seems that drivers often forget or ignore the rights of others to walk along sidewalks, at crosswalks, and in other designated areas. This ignorance is not just rude but it is outright dangerous as failing to respect the rights of pedestrians can cause treacherous situations and may even lead to pedestrian accidents. In the unfortunate situations where a collision does occur between a pedestrian and a vehicle, the pedestrian nearly always sustains injuries that can range from bumps and bruises to fractured bones and internal bleeding to, in the most extreme cases, death. Depending on the actual crash, these injuries may last from days to years or may never fully heal, leaving victims and their families to suffer indefinitely. Regrettably, nothing can nullify the suffering experienced by these victims but the laws in Phoenix are on a victim’s side to enable him or her to seek relief. With a civil claim for damages, a victim or a victim’s surviving family members may be able to obtain monetary compensation that can ease the financial burden experienced by these pedestrian collisions and that can enable those suffering to move forwards with their lives.

In a perfect world, pedestrians would walk around the greater Phoenix area without their personal safety on their minds. No drivers would operate their cars in a negligent manner and no collisions between vehicles or involving pedestrians would occur. However, reality is far from perfect and in today’s society, thousands of lives are affected annually by such collisions. In 2013 alone, 1,596 traffic accidents involving pedestrians occurred in Arizona and nearly 10 percent of those, or 158, resulted in the pedestrian’s death. Pedestrian accidents account for a small percentage of all collisions in Phoenix but the damages they cause are disproportionately large because there is little to nothing to protect a person walking from the full impact of a vehicle. As a result, serious injuries, damages, and even death are likely to occur in a Phoenix pedestrian accident or when a collision happens elsewhere in Arizona.

In Arizona, it is illegal to drive a car while under the influence of alcohol or drugs. Any amount of alcohol or intoxicant can be a crime but there is a presumption that a driver is impaired if that driver has a blood alcohol content of .08 or higher. But the laws in the state do not stop there; additionally, a driver with a BAC of .15 or higher is guilty of extreme DUI and those who drive drunk with additional surrounding circumstances may be guilty of aggravated DUI. These laws apply to all motorists in the state, regardless of who those drivers are. This is a lesson that former NFL wide receiver Braylon Edwards reportedly learned last week when he was arrested in Scottsdale for extreme DUI.

Travel by train may seem like a fading concept in the country, but in Phoenix, it is becoming increasingly popular thanks to the addition of the city’s Metro light rail system. For those who have lived in the Valley for some time, the light rail has been a staple since construction began in 2005. Service started in 2008 and has continued to expand in Phoenix, Tempe, and Mesa since that time. The light rail has become so popular that it was the nation’s 13th busiest light rail system in 2014. The goal of the light rail is to provide easy means of affordable transit to thousands of riders along the rail’s route while decreasing traffic congestion in those areas. To date, many would consider the light rail successful at those overarching ideas and some in the Valley are anticipating the continued expansion of the system into new, convenient, and desirable areas. Unfortunately, though, not everything associated with the light rail has been positive. Numerous train accidents have occurred involving light rail vehicles and some of those collisions have involved passenger cars and even pedestrians. Several of these incidents have caused injuries that have left victims in need of medical care and attention. As victims are often seriously hurt, they may not know how to proceed with the action needed to obtain the financial compensation they deserve.

Chain reaction collisions are a serious threat to public safety in Arizona, especially in the greater Phoenix area. The risks associated with chain reactions are similar in some respects to those involved in more typical two-car accidents but those risks may be amplified. With a greater number of vehicles involved in a collision comes a greater number of drivers and an increased possibility of passengers. Simply put, the more people involved in an accident, the more potential injury victims that may get hurt in that crash. Chain reaction incidents can occur for a number of reasons. Some may have a drunk or impaired driver to blame. Others can be faulted on a speeding motorist. In many cases, a driver may be distracted and may not notice stopped traffic in front of him or her. When driving in Phoenix, the interstates and highways are notorious for stop-and-go traffic which requires all drivers to be alert at all times. If a driver fails to pay close enough attention in the Valley, that driver may rear-end another vehicle and may cause a chain reaction accident.

Working with co-counsel, the personal injury attorneys at Abels & Annes, P.C. recently settled a case on behalf of the family of a swimming pool victim for policy limits of $500,000. The case stemmed from an incident last year in Scottsdale with a rental property pool located in the backyard of a home. That swimming pool was not surrounded by a fence or protected by barrier alarms as required by local ordinances in the area. Because of these code violations, a young child suffered from a swimming pool accident.

Pedestrians face a serious threat every time they walk on, near, or across a street in the Phoenix area. Logic dictates that pedestrians and vehicles are separate and therefore should not coexist in the same areas at the same times. The laws recognize this and require pedestrians and drivers to yield the right-of-way to one another, preventing the two groups from colliding. Yet despite all of this, pedestrian accidents happen regularly and most result in injuries to the walkers involved in those crashes. Tragically, 154 pedestrians involved in such crashes in 2011 in Arizona lost their lives due to their injuries. When a pedestrian accident happens and it is due to the actions of a driver, owner of a car, or a city or municipality, the victim may be able to obtain compensation for any injuries, damages, or suffering that may happen. From medical bills to lost wages, all damages may be recovered if a victim chooses to seek relief in a court of law. Speaking with a personal injury attorney can help you realize your rights if an accident has affected your life.

In 2011, more than 32,000 people were killed in traffic accidents across the country. No state and no major city was spared from these devastating incidents and the Phoenix area saw its fair share of fatalities. But in addition to the loss of lives, thousands of additional collisions happen in Arizona every year that cause injuries short of death to the drivers and passengers involved and, in some cases, others in the area. Whether a driver, a passenger, a motorcyclists, a bicyclist, or a pedestrian is harmed in a car accident in Phoenix, local and state laws may apply that protect that victim from the financial harm that accompanies his or her injuries. The right to seek relief, including monetary compensation, often belongs to injury victims who have the right to bring a claim against all the parties responsible for an accident. Victims can recover for medical expenses, pain, suffering, disfigurement, and lost wages among other damages depending on the facts involved in their particular accident. When questions arise about the legal rights of a car crash victim, speaking with a personal injury attorney may help illuminate the options available in the State of Arizona, including whether relief is possible.

Dogs are a staple of American life for many families and they hold a place of endearment for still others. With more than 75 million households in the country reporting one or more dogs, it is clear that dog ownership is widespread and that the number of dogs in the nation is quite high as a result. Many of these dogs will live their entire lives without displaying signs of aggression or without being involved in an incident of violence with a human; however, every year, dog bite and attack incidents happen in the greater Phoenix area and many of those involve animals that did not display any issues prior to the attack. These incidents often produce injuries that require medical treatment and may cause lasting damage if the attack leaves scarring on a victim. Even more tragically, people are killed every year in dog attack cases and some of those occur in Arizona. In 2011, for example, 32 people lost their lives across the country in dog bite incidents. Regardless of the type or breed of dog involved, the laws in Phoenix remain clear: if a dog bites or attacks a person and that person is injured, he or she may be entitled to bring a legal claim for relief against the owner of the dog or other person responsible and the victim may be able to recover monetary compensation for any injuries that occur. When in doubt, speaking with a personal injury lawyer who practices in Maricopa County or in Arizona generally may be a good place to start to learn about the laws, how they apply if you have been injured, and whether you have a valid claim for your damages.

Many in the Valley consider this time of year to be one of the best to call Phoenix home because the weather is so pleasant and days where the temperature hits triple digits are relatively rare. But with the late spring weather comes some potentials for dangers, and chief among them may be the threat posed by swimming pools in Arizona. The state has a very high ratio of private pools per individual home and also has a number of public pools accessible to numerous residents of the Valley. As such, swimming pool accidents pose a threat to many in Phoenix and not just those with small children. The laws governing swimming pools and access to them leave little wiggle room because they are designed to keep adults and children as safe as possible. They vary somewhat depending on where in the Valley the pool is located but several requirements remain consistent: pools must be enclosed by a fence, wall, or otherwise; usually the gates that allow access to the pools must be self-latching; and pools should not pose an unreasonable threat to safety. Despite these requirements, swimming pool accidents and drownings happen annually and result in numerous injuries and deaths. If you or your family member has been the victim of a pool accident or if someone you love was killed in a swimming pool, you may be entitled to obtain financial compensation for your losses and damages, though no amount of money can ever be adequate when someone loses their life. Consulting with a Phoenix personal injury attorney can help you understand your rights and what steps may need to be taken to get the relief you deserve. Tragedy struck in Phoenix yesterday afternoon when a four-year-old boy was found unresponsive in a swimming pool. The child was […]