Abels & Annes, P.C. Personal Injury Blog

Arizona personal injury attorney Gary Annes has settled a pedestrian accident lawsuit for $600,000. The accident took place in the western suburbs of Chicago, Illinois back in November, 2008. Liability was contested in the case. The plaintiff was crossing a four-lane road at an intersection with an unmarked crosswalk. The intersection is near a commuter rail station and train passengers frequently cross the street at the location where the accident occurred. The victim in our case was walking after dark from the train station to his car that had been left for the day in a nearby parking lot. He crossed safely halfway and then a car stopped to let him cross the rest of the way. As he continued to cross the street, an elderly driver failed to observe the plaintiff and hit him with his vehicle. Our client was only about a step away from the other curb. The collision knocked him several feet into the air, and he landed by a vehicle that was parked nearby. He was found a short time later by paramedics in a pool of his own blood, and then taken to a nearby emergency room. Local police rushed to the scene of the accident. Investigating officers were able to speak with the defendant and an independent witness. The elderly driver said to police that he thought someone threw a rock at his car and that he never saw the plaintiff. He drove about a block down, turned around and came back, and only then realized he had hit a pedestrian. The plaintiff sustained serious injuries in the incident. When he arrived at the emergency room, medical personnel observed a temporary loss of consciousness and that he was having amnesia. He was repetitive and confused. He had also sustained multiple lacerations all over […]

If Washington lawmakers are successful, drunk driving accidents in Phoenix would decrease due to harsher sanctions for first-time DUI offenders.

Teenage drivers may think that they know everything behind the wheel. What they aren’t typically aware of is the impact teenage passengers have on their roadway safety. A recent study published in the Journal of Adolescent Health concluded teens are at higher risks for car accidents in Phoenix and elsewhere when other teen passengers are present in the vehicle.The study concluded that young male and female drivers were affected by passengers differently. While female drivers had passengers present in the car, they were more likely to play with their makeup, look at the other passenger, send and receive text messages and make phone calls. Boy teen drivers were more likely to break driving laws, including speeding and improperly turning, when other teenage passengers were present. What stayed about the same between the two was their risk for an accident. In nearly 700 cases analyzed, female drivers were distracted prior to 20 percent of the accidents in which they were involved, while male drivers were distracted about 25 percent of the time. Phoenix car accident attorneys are aware that teenage drivers are more likely to get into a car accident than any other age group of drivers. Studies found ways we can help to reduce those risks for our teens. Comprehensive graduated driver’s licensing (GDL) programs along with thorough parental involvement can help reduce risks. GDL programs allow teenagers to master difficult driving skills through a number of restrictive levels. In some of the strictest GDL programs, teenage passengers are limited in these levels. Parental involvement helps, too. When parents know where their teen drivers are and are informed about their driving habits, teens are less likely to act out behind the wheel. “Distraction from peer passengers appears to play a prominent role for both male and female drivers,” said Allison […]

Arizona auto accident attorneys at Abels & Annes recently resolved the case for a Peoria resident. Our office pursued both the negligence claim against the at fault driver and an Arizona underinsured motorist claim against the plaintiff’s own auto insurance policy. The collision took place on October 18, 2010, at approximately 7:17 p.m. The plaintiff was injured when the vehicle he was driving was rear-ended by another vehicle. Our client was driving westbound on Peoria Avenue in Peoria, Arizona. The defendant was also driving her vehicle westbound on Peoria Avenue, directly behind the plaintiff. The client stopped for a red light at the intersection of Peoria Avenue and 91st Avenue in Peoria, Arizona. There were several vehicles stopped in front of him at the intersection. The defendant then failed to stop and/or reduce the speed of her vehicle she was driving, and struck the plaintiff’s vehicle in the rear. The Peoria Police Department responded to the accident scene. After speaking to both parties, the investigating officers placed the defendant at fault for the collision. In the police report, she admitted that she did not see the light was red until it was too late and that she tried to stop her vehicle but it was too late. Furthermore, the investigating officers noted in the police report that the defendant was driving too fast for conditions and was not paying attention. We alleged the defendant’s insurance carrier that she failed to keep a proper lookout, failed to yield for traffic, failed to stop and/or reduce her speed to avoid a collision, was driving at an excessive rate of speed, and failed to exercise due care for the safety of those in the area, including the plaintiff. Following the collision, our client had an immediate onset of back pain, neck pain and […]

There is a new study that looks at the impact of distractions on pedestrian accidents in Phoenix and elsewhere over the last decade. The vast majority of these accidents were the fault of drivers — distracted or otherwise. Distracted pedestrians accounted for only 120 of the 48,000 pedestrian fatalities from 2000 to 2009, according to Transportation For America.Overall, the number of fatal pedestrian accidents has roughly tripped in the last six years. Distracted driving car accidents took the lives of roughly 3,100 people in 2010. Distracted pedestrian accidents took the lives of about 120 people in the studied 8-year time period. Our Phoenix pedestrian accident lawyers understand the truth of the matter is that these kinds of accidents are most oftentimes the fault of the drivers that are involved. Distracted pedestrians contributed to less than 1 percent of the recorded fatalities from 2000 to 2009. We understand that it’s never a good idea to travel, whether by foot or by vehicle, while engaging in distractions. To help to steer clear of dangerous drivers, pedestrians are asked to place their full attention on the roadway and on passing traffic. What is most likely the top contributor to fatal pedestrian accidents is motorists not paying attention. Some also believe that the condition of our roadways is also a factor. You’re most likely to die in an accident while walking along a state highway, busy arterial street or other type of busy roadway that’s eligible to receive federal money for safety measures. The lack of sidewalks and safe crossings is arguably one cause for fatal pedestrian accidents in Arizona and elsewhere. To help to reduce the risks of pedestrian accidents, the Arizona Department of Transportation shares its “Sharing The Road With Pedestrians Pamphlet” for drivers and pedestrians to review. Tips for Drivers to […]

The University of Colorado Denver recently released a study that concluded that most elderly residents agreed that the driving abilities of seniors should be retested periodically. These retests would be to help reduce the risks of car accidents in Phoenix and elsewhere. Most everyone who was surveyed said that they would willingly hand over their car keys if either a doctor or a loved one said that they were not longer to safely drive.”This is where the advance driving directive could come in,” said Emmy Betz, of the University of Colorado. “We would have something in writing that says when the time comes who do you trust to make the decision that you can no longer safely drive?” Our Phoenix car accident attorneys know the risks that seniors face behind the wheel. With age, unfortunately our senses and abilities deteriorate. It’s important for friends and family members to keep an eye on the senses and abilities of our elderly ones to make sure they’re not at any risks on our roadways. According to the Centers for Disease Control and Prevention (CDC), there nearly 6,000 older adults who were killed in traffic accidents in 2008. In addition, there were nearly 200,000 who were injured. With the proper interventions from friends and family members and potential license retesting, we can help to significantly reduce the risks of car accidents on roadways everywhere. In the latest study released by the University, researchers surveyed more than 120 elderly individuals. The results revealed: -More than 70 percent of elderly drivers say they’re in favor of mandatory driver’s license retesting based on a driver’s age. -About 68 percent said they thought it was Ok for a member of their family to decide when their driver’s license should be taken away. -Roughly 53 percent said they thought […]

A new website, “Car Seat Safety for Kids,” recently went live and replaced the “Keeping Kids Safe During Crashes” site. This website is hosted by the Kohl’s Injury Prevention Program and the Center for Injury Research and Prevention (CIRP) and helps parents to reduce the risks of injury to children in Phoenix and elsewhere. This website serves as a one-stop shop for information regarding child passenger safety (CPS). Through this website, new videos are offered to help parents stay up-to-date with the latest child car seat recommendations from the American Academy of Pediatrics (AAP).”This site brings together research expertise and practical experience,” says Suzanne Hill, director of Advocacy and Outreach at CIRP. Our Phoenix car accident lawyers understand that this website is a beneficial tool in helping current parents and expectant parents prepare and better protect child passengers. Car accidents are the leading cause of death for children age 3- to 14-years-old. Statistics reveal that nearly 9,000 lives were saved because of child restraints from 1975 to 2008. As we stated before, there were nearly 37,500 people killed in traffic accidents in the U.S. in 2008. Of these fatalities, children under the age of 14 accounted for nearly 5 percent. It’s it our responsibility as safe drivers, parents and guardians to ensure that our young passengers are properly buckled up during every car ride. In 2008 in Arizona, there were nearly 35 children under the age of 14 who were killed in car crashes. For every child who dies in a motor-vehicle accident, another 400 children are treated for injuries. Using the proper safety seat can help to reduce these alarming risks. Car Seat Recommendations from the National Highway Traffic Safety Administration (NHTSA): -Children under the age of 1: These young passengers should always ride in a rear-facing car seat. […]

According to a recent study from the AAA Foundation for Traffic Safety, Americans desire safer roadways and they support government actions to get it. Still, a majority of drivers continue to engage in dangerous driving behavior and increase risks for car accidents in Phoenix and elsewhere.The U.S. Department of Transportation reports that there were nearly 32,900 people who were killed in car accidents nationwide in 2010. Although this is the lowest number of traffic fatalities recorded in the last 60 years, the number is still alarmingly high. Our Phoenix car accident lawyers understand that car accidents are still the number one cause of death among residents 4- to 34-years-old. Although drivers recognize the need for safer driving habits, many of them are not willing to make the change themselves. That’s why we’re asking for everyone to join forces and to raise awareness about roadway safety. Safer roadways start with you and by exercising safe driving habits, we can all work together to make 2012 the safest year ever! “Take the first step and make a personal goal to be a safe driver in 2012,” said AAA’s Predicent a CEO, Peter Kissinger. Someone dies in a car accident every 16 minutes in the U.S. Until this number reaches zero, we as Americans and as responsible drivers have much work to do. According to the AAA Study: -More than 85 percent of drivers said that it was completely irresponsible to drive without buckling up, but about a quarter of drivers said that they don’t wear a seat belt while driving. -A majority of drivers said that is was unacceptably dangerous to drive more than 10 mph over the posted speed limit in neighborhoods, yet plenty admitted doing it. -Approximately 95 percent of drivers reported that they believe that drinking and driving endangers […]

It’s been proven in a number of studies, engaging in distractions while driving, biking and walking increases the risks for an accident in Arizona, according to the Arizona Department of Transportation (ADOT). Distractions can come in a number of forms, including talking on a cell phone, text messaging, catering to children, drinking, eating and applying makeup. The bottom line is that distractions are dangerous and drivers should be concentrating on the road while operating a motor vehicle.Everyone also knows about the dangers of driving while intoxicated, but many underestimate the dangers of driving while drowsy. Some common prescription drugs and even over-the-counter drugs can cause drowsiness. Drivers that take these drugs are more likely to have slower reaction times behind the wheel. Our Phoenix car accident lawyers understand that the distractions don’t end there. Pets can also cause drivers to take their attention off of the roadway. Paper maps, GPS devices and hand-held electronic devices are dangerous to use while driving, too. We’re not solely pointing the finger at drivers either. Pedestrians can also be distracted while walking along our roadways while listening to headphones, talking with other fellow pedestrians and playing with electronic devices. Engaging in any of these distractions can greatly increase someone’s risk for a potentially fatal accident. According to recent studies, a driver who is distracted by the use of a cell phone is nearly five times more likely to get into an accident. Some studies even conclude that distracted drivers have the same reaction time as drivers who are legally drunk. Ordinances regarding these behaviors vary between the state’s jurisdictions. Motorists need to be careful of what the rules are in different areas. More municipal agencies offer this type of information on their website. The penalties for being busted for engaging in prohibited distractions are […]

According to the Arizona Department of Transportation (ADOT), bicycle and pedestrian safety in school zones should be a top priority of all travelers. Local, state and federal officials oftentimes encourage biking and walking to school for a healthy lifestyle, but the safety of these young ones is oftentimes overlooked. Our state has continuously been a leader in providing safe school areas for our young students to help reduce the risks of bicycle and pedestrian accidents in Arizona. Now we’re turning the attention towards motorists because without cooperation from these individuals, the safety net that school zones are supposed to provide means nothing.Arizona established low speeds in school zones different than any other state in the country. The system that we use was established back in 1950. Our state pushes a uniform application of a 15 miles per hour speed limit in all school zones from kindergarten through eighth grade. There’s a problem though! These speed limits can’t just be used at crosswalks that are policed by either stop signs or traffic signals. Under the current law, only portable signs and crosswalk markings can be used to enact a 15 mph speed limit. So to get this speed limit, employees set up and remove these devices to get passing traffic to slow down. Normal traffic flow is resumed during non-school hours and when signs are removed. Our Phoenix bicycle accident lawyers understand that each school zone with a 15 mph speed limit is marked with a fluorescent yellow-green pentagon-shaped warning sign. After this permanent sign is where the portable signs are placed that read, “”NO PASSING, 15 MPH, FINES DOUBLED, SCHOOL IN SESSION.” These portable signs are located from 75 to about 300 feet before the fluorescent sign. The portable signs are posted where the reduced speed limit begins. Drivers are […]