Zachar Law Blog

Tips to keep you and your children safe for Halloween.

Halloween is the time of year where children are roaming neighborhoods in hopes of filling their bags full of candy.  That means the streets are going to be busier than usual, and it also means that safety will be of the most importance.

The U.S. Consumer Product Safety Commission (CPSC) says each Halloween it receives reports of preventable injuries, such as dislocated shoulders from falling, second-degree burns from open flames and other injuries involving ill-fitting costumes and other holiday decor.  "Too often Halloween make believe has resulted in real life injury," CPSC Chairman Inez Tenenbaum said in a press release.

"Fortunately, prevention is simple. Choose flameless candles, flame-retardant materials and well-fitting and visible costumes to reduce the risk of injury this Halloween."

To help prevent pets or children from safety pitfalls like knocking down a burning candle lighting illuminating a Jack-o'-Lantern and other Halloween-related incidents, the CPSC and other organizations have some safety tips:

PREVENT FIRES AND BURNS

This Halloween, the CPSC advises picking flame-retardant materials such as nylon and polyester when buying or making costumes and accessories. Look for the label "flame resistant."

The agency also says to choose battery-operated candles and lights instead of open-flame candles. If you do use candles, keep candles and Jack-o'-Lantern away from landings and doorsteps, where costumes could brush against the flame. When indoors, keep burning candles away from curtains, decorations, and other items that could ignite.

Never leave burning candles unattended.

SEE AND BE SEEN

When buying a costume, people should purchase or make ones that are light-colored, bright and clearly visible to motorists. Don't blend in with the night -- trim costume and outerwear with reflective tape. Reflective tape is typically available at hardware, bicycle and sporting good stores.

The CPSC also advises carrying flashlights or glow sticks when trick-or-treating after dusk.

FIT FOR SAFETY

Staying true to your costume is not worth a trip to the emergency room. Adjust costumes to ensure a good fit, CPSC says. Be especially careful with long skirts or capes that can drag on the ground and cause falls.  Keep hats, scarves and masks should be secured to ensure adequate visibility and ventilation. High heels are not a good idea for kids says the CPSC; stick to sturdy shoes. Swords, knives and other accessories should be made of soft, flexible material to prevent injury.

The U.S. Food and Drug Administration recommends not wearing decorative contact lenses unless you have seen an eye care professional and gotten a proper lens fitting and instructions for using the lenses. Otherwise you may risk scratches, infections, decreased vision and blindness.

WATCH WHAT YOU EAT

Children should not eat any treats before an adult has examined them carefully for evidence of tampering.  Also carefully examine any toys or novelty items received by trick-or-treaters who are younger than 3 years of age. Do not allow young kids to have any items that are small enough to present a choking hazard or that have small parts or components that could separate during use and raise choking risk.

The FDA says potential choking hazards on Halloween are gum, peanuts, hard candies or small toys.

HAVE A SAVE AND FUN HALLOWEEN EVERYONE!!!!!  

What exactly is Attractive Nuisance, and how to protect your children

An “attractive nuisance” is something on a piece of property that attracts children but, because of their age and inability to understand the danger, also jeopardizes their safety. Normal trespassing liability laws imposing no duty on a landowner may not apply when children are involved in an accident, even if they were trespassing. Particularly in Arizona, construction sites seem to appear on every corner. These areas are like magnets for young children, and provide them a whole new dimension of recreational play. However, construction sites also pose many hidden dangers.

The Phoenix child injury lawyers at Zachar Law Firm represent children and the families of injured children by an attractive nuisance.

We have a genuine care and concern for your child’s future, and we dedicate ourselves to fully understanding the nature of your child’s injuries, the present and future needs of your child, and fighting to obtain the maximum compensation to ensure those needs are met.

For additional information about us and the benefits of retaining our child injury law firm, please visit our Firm Overview.

Schedule a free confidential consultation to speak to an experienced lawyer about an attractive nuisance accident claim by calling Zachar Law Firm at 602-494-4800.

Experienced Arizona Child Injury and Attractive Nuisance Lawyers

We have handled a wide range of child injury claims, including attractive nuisance claims. Some examples of common attractive nuisances include the following:

• Construction sites
• Construction equipment, including heavy equipment that can be started without a key
• Unfenced or inadequately fenced swimming pools
• Trenches and open pits
• Farm equipment
• Abandoned refrigerators and freezers

We recommend talking with your children about the dangers of these attractive nuisances. Also, if you notice one of these items or something else that may attract your child and pose a danger, that you alert the property owner and take steps to prevent your children from being tempted to go there.

If your child is hurt by something they were attracted to on another’s property, we recommend you contact an experienced child injury lawyer to discuss your situation.

Contact an Experienced Phoenix Attractive Nuisance Accident Lawyer

For additional information about Arizona attractive nuisance laws, the legal process, or to discuss your child’s injuries or attractive nuisance claim with an experienced personal injury attorney, please schedule a free confidential consultation by calling us at 602-494-4800.

What exactly causes car accidents?

As a phoenix car accident lawyer, there are countless ways that accidents occur. Unfortunately, for many causes, the main factor is always driver behavior. Let's take a look below at some of the other causes as well.

Four factors contribute to the vast majority of collisions. In ascending order they are:

1. Equipment Failure
2. Roadway Design
3. Poor Roadway Maintenance
4. Driver Behavior

Over 95% of motor vehicle accidents (MVAs, in the USA) involve some degree of driver behavior combined with one of the other three factors. Drivers always try to blame road conditions, equipment failure, or other drivers for those accidents. When the facts are truthfully presented, however, the behavior of the implicated driver is usually the primary cause. Most are caused by excessive speed or aggressive driver behavior.

Equipment Failure - Manufacturers are required by law to design and engineer cars that meet a minimum safety standard. Computers, combined with companies' extensive research and development, have produced safe vehicles that are easy and safe to drive. The most cited types of equipment failure are loss of brakes, tire blowouts or tread separation, and steering/suspension failure. With the exception of the recent rash of Firestone light-truck tire failures, combined totals for all reported equipment failure accounts for less than 5% of all motor vehicle accidents.

Roadway Design - Motorists may blame roadway design for accidents, but it's rarely the cause. Consultants such as the Texas Transportation Institute have spent years getting road barriers, utility poles, railroad crossings, and guardrails to their current high level of safety. Civil engineers, local governments, and law enforcement agencies all contribute to the design of safe road layouts and traffic management systems. State and federal governments provide guidelines to their construction, with design flexibility to suit local conditions.

Poor Maintenance - Roadway maintenance contributes to some motor vehicle accidents, but not to the extent that drivers use it as an excuse. Unfortunately maintenance schedules and procedures vary greatly from city to city and state to state, so nationwide standards don't exist.

Driver Behavior - Humans tend to blame somebody or something else when a mistake or accident occurs. A recent European study concluded that 80% of drivers involved in motor vehicle accidents believed that the other party could have done something to prevent the accident. A miniscule 5% admitted that they were the only one at fault. Surveys consistently reveal that the majority consider themselves more skillful and safer than the average driver. Some mistakes occur when a driver becomes distracted, perhaps by a cell phone call or a spilled cup of coffee. Very few accidents result from an 'Act of God,' like a tree falling on a vehicle.

Aggressive Drivers - As we've described, modern cars are manufactured to very safe standards, and the environment they're driven in is engineered to minimize the injuries suffered during an accident. The most difficult area to change is aggressive driver behavior and selfish attitudes. A study by the Automobile Association in Great Britain found that 88% of the respondents reported at least one of the behaviors listed below directed at them (in order of descending frequency):

• Aggressive tailgating
• Lights flashed at them because the other motorist was annoyed
• Aggressive or rude gestures
• Deliberate obstruction -- preventing them from moving their vehicle
• Verbal abuse
• Physical assault

The same group was then asked about aggressive behavior they had displayed towards other drivers. 40% indicated that they had never behaved aggressively towards another driver. A further 60% of the survey respondents admitted to one or more of the following behaviors (listed in order of descending frequency):

• Flashed lights at another motorist because they were annoyed with them
• Gave aggressive or rude gestures
• Gave verbal abuse
• Aggressively tailgated another motorist
• Deliberately obstructed or prevented another from moving their vehicle
• Physically assaulted another motorist (one positive response)

These behaviors are probably under-reported, since most people are not willing to admit to the more serious actions, even if no penalty exists. The majority of these incidents happened during the daylight hours (70%), on a main road (not freeway or divided highway).

Always stay focused while you are driving. Many get distracted over the littlest of things when it comes to driving. Simply put, we take it for granted. We know it can be unsafe to drive while distracted, yet we've driven for so long, that we hardly think of the dangers of driving until it's too late. Be safe everyone.

Cheerleading needs safety rules now, more than ever

  Cheerleading isn't just jumping and waving pompoms - it has become as athletic and potentially as dangerous as a sport.  In my opinion, it should be designated one to improve safety.  The nation's leading group of pediatricians agrees.

The number of cheerleaders injured each year has climbed dramatically in the last two decades. Common stunts that pose risks include tossing and flipping cheerleaders in the air, and creating human pyramids that reach 15 feet high or more.

In a new policy statement released online Monday in the Journal of Pediatrics, the American Academy of Pediatrics says school sports associations should designate cheerleading as a sport, and make it subject to safety rules and better supervision, which would include on-site athletic trainers, limits on practice time and better qualified coaches, the academy says.  Just like other athletes, cheerleaders should be required to do conditioning exercises and undergo physical exams before joining the squad.

"Not everyone is fully aware of how cheerleading has evolved over the last couple of decades. It used to be just standing on the sidelines and doing cheers and maybe a few jumps," said Dr. Cynthia LaBella, a sports medicine specialist at Chicago's Lurie Children's Hospital and an author of the new policy.  Cheerleading often results in injuries that include severe sprains, broken arms and legs, neck injuries and concussions.

Last year, there were almost 37,000 emergency room visits for cheerleading injuries among girls aged 6 to 22, according to data from the Consumer Product Safety Commission. That's more than four times higher than in 1980, when cheerleading was tamer.

While there are still traditional cheerleading squads that support schools' athletic teams, some schools and private clubs have separate cheerleading teams that compete against other teams.  Lisa Kluchorosky, a sports medicine specialist who works with the academy and the National Athletic Trainers Association, said the new policy will help erase misconceptions that cheerleading is not very athletic.  "The statistics are compelling and you can't turn your head from that," she said.

THE EXPERTS ARE RIGHT. As a personal injury lawyer in phoenix, there are countless examples of how injuries in sports are growing. One being Cheerleading.

Cheerleading has become a very demanding, physical and demanding "sport".  Even as young girls, cheerleaders are trained to do more and more jumps, flips, throws and stunts.  The injuries are increasing, and with such, the safety rules need to be better.  There need to be national standards.  At present, there really are none.  Coaches need to be educated and trained to adhere to the standards.  The health of these young girls is far too important.  

In addition, coaches who fail to adhere to the standards need to held liable.  It will not stop accidents, but it likely will cut down on them substantially.  It will teach the girls, and provide them a fairer chance to avoid being injured.  

What do you think?

Arizona road-safety focus switches to pedestrians

After spending decades building wide streets, Valley cities are retrofitting them to improve bicycle and pedestrian safety, cut down on chronic accidents and shift to a healthier, less stressful way of life.

Phoenix, Peoria, Glendale, Scottsdale, Gilbert, Tempe and Mesa have joined a national trend by shifting their design philosophy to seek transportation equality for pedestrians and bicyclists by reconfiguring streets with wider sidewalks, more landscaping, bridges and a few specialized crossings.

National and state statistics show Arizona has a chronic problem with pedestrian deaths. Phoenix ranks fourth on a list of cities with the highest percentage of pedestrian fatalities, behind New York City, Los Angeles and Chicago, according to federal statistics.

An annual report with information supplied by Arizona cities on crashes shows little to no progress in reducing pedestrian fatalities over the past 15 years.

That toll got the attention this summer of the National Highway Traffic Safety Administration, which sponsored a national conference in Miami attended by traffic engineers representing the cities with the highest number of pedestrian deaths to share ideas about possible solutions.

Valley cities are responding in a variety of ways, both unique and mundane, to protect pedestrians and bicyclists and redesign roads to accommodate different forms of transportation.

Among the unique additions across the Valley is the HAWK, which stands for High-Intensity Activated Crosswalk. Its three lights are activated by a pedestrian in the intersection and are displayed just long enough for a pedestrian to cross. It doesn't hold up traffic as long as a conventional traffic signal.

Other efforts to make streets safer include:

Peoria widened sidewalks near several schools and installed two-stage crossings, with pedestrian refuge islands to improve safety, near three high schools. A HAWK was added near Desert Harbor Elementary School at 91st Avenue and Tumblewood Drive. Underpasses separate pedestrians and bicyclists from traffic on major roads along the New River multiuse path.

Mesa and Gilbert installed conventional streetlights where canals popular with bicyclists and joggers cross major streets. Mesa is narrowing Main Street through downtown to one lane in each direction to cut traffic and make it friendlier for pedestrians in conjunction with Metro light rail's extension. It plans to install two HAWKs to reduce pedestrian fatalities near Mesa Drive and Southern Avenue.

Tempe installed HAWKs at two Western Canal crossings: McClintock Drive and Rural Road. Tempe also widened sidewalks and added landscaping on older streets near downtown.

Glendale installed two HAWKs. One, near 63rd Avenue and Loop 101, connects with a bridge over the freeway to promote bicycle and pedestrian use along a path. The second allows pedestrians to cross from an apartment complex to a shopping center in the 6500 block of West Glendale Avenue. Glendale High School is also nearby.

Scottsdale widened sidewalks and moved them farther away from the curb. Bicycle and pedestrian paths include numerous tunnels and bridges over canals. Four HAWKs protect pedestrians crossing wide roads for shopping and equestrian trails in north Scottsdale.

Valley cities still lag Tucson, which has made a science of pedestrian safety and attracted national acclaim from a federal study for pioneering the HAWK.

Valley cities combined have 24 HAWKs in use or planned, while Tucson has more than 100 after inventing them 12 years ago and using a transit tax to pay for them.

Engineers say they are doing the best they can with the money they have as they try balancing pedestrian safety with traffic flow.

"I think there is a recognition that to have a more sustainable community, you have to have less reliance on the automobile," said Kay Fitzpatrick, senior research engineer for the Texas Transportation Institute who authored a July 2010 study that showed the HAWK reduced pedestrian collisions by 69 percent.

Jamsheed Mehta, Glendale's transportation director, said the HAWK is expensive and defeats the synchronized traffic lights that help traffic flow, but "safety comes first. The HAWK is a solution."

Arizona's bleak pedestrian-fatality statistics show residents have reason to fear crossing major streets.

Crash Facts, an annual report on highway crashes produced by the Arizona Department of Transportation, recorded 153 pedestrians killed statewide in 1997, 166 killed in 2001 and 154 killed in 2011.

Nationally, pedestrian fatalities dropped from 5,321 in 1997 to 4,280 in 2010, a 19.5 percent decrease, according to the latest statistics from the National Highway Traffic Safety Administration. The overall traffic-fatality rate dropped from 15.69 per 100,000 population in 1997 to 10.63 in 2010.

"There has to be mutual respect between pedestrians and vehicles," said Alberto Gutier, director of the Governor's Office of Highway Safety, adding that he sees numerous examples of both motorists and pedestrians ignoring good safety practices every day. "We are all to blame for the lack of respect."

Police should follow the policy set by Mesa this summer by ticketing jaywalkers who ignore traffic signals and cross midblock, a dangerous practice because drivers often don't see pedestrians in unpredictable locations and are frequently accelerating, Gutier said.

He said distracted drivers who are talking on their cellphones or reading their e-mail are also responsible for fatalities. And statistics show that many drivers and pedestrians also are impaired by alcohol or drugs.

Gutier is planning to meet this week with ADOT and the Arizona Department of Public Safety after noticing a disturbing uptick in all Arizona highway fatalities from 2010 to 2011, a pattern that has continued during the first six months of 2012.

Laura Douglas, an ADOT spokeswoman, said her agency is in the process of updating its bicycle- and pedestrian-safety plan.

"This is why we have a bicycle- and pedestrian-safety plan, not just to improve infrastructure but to improve safety," Douglas said.

Kerry Wilcoxon, head of Phoenix's safety and neighborhood traffic section, said pedestrians frustrate the cities' efforts to protect them.

"Sometimes, you will see pedestrians in the middle of a median, talking on their cellphone. They have no situational awareness," he said.

In Phoenix, pedestrian deaths rose to 45 in 2010 from 36 in 2009, according to the latest available statistics.

"We would like to get to zero," said Wylie Bearup, director of Phoenix's Street Transportation Department.

In 2010, Phoenix's overall crashes were at a 20-year low, and pedestrian crashes also dropped. But the percentage of fatalities involving pedestrians is rising, with most of those occurring midblock, according to Phoenix statistics.

Although pedestrians were involved in only 2.2 percent of crashes, they account for 41.7 percent of all fatal crashes.

With the increase of awareness when it comes to pedestrian accidents in Arizona, it makes sense that cities would come together in helping eachother keep pedestrians safe. As a Phoenix Pedestrian Accident Lawyer, these statistics can be very alarming to see. The best way to combat this, is with awareness amongst both drivers and also pedestrians. The aid of specialized cross-walks will also continue to play a major role in keeping our streets safe.

Safe Driving: Scary Statistics, Better Driving Tips, and more.

  Overall as a whole, our country has seen improvement in dangerous driving habits, yet the thing most of us do on a daily basis is still the single most deadly thing we’ll ever do. These statistics below are meant to inform you that you should always stay aware while driving, and most importantly drive safe.

Motor vehicle fatalities by age group According to the Centers for Disease Control, here are the top three causes of death by age group (yeah, depressing stuff I know!). Check out what consistently ranks at the top. Yup, motor vehicle accidents (shown as Unintentional MV Traffic in blue).

We as humans are afraid of many things spiders, snakes, my 11 year old (just kidding). But with driving, we seemingly have no fear. We do it so often we don’t really think about the dangers, and often we even let our guard down--even when we shouldn’t.

Chances of being involved in an injury accident According to the National Highway Traffic Safety Administration (NHTSA), two out of three motorists will be involved in an injury accident during their life. As a motorist you can expect to be involved in an accident once every 10 years. There is a 1 in 20 chance that the crash you have will involve a serious injury. Though these statistics are alarming and downright scary, many people still take driving safe for granted. You can be a great driver, but you can’t control what others do on the road. Stay ALERT!

What can you do to protect yourself?

With each year getting better and better statistically for accidents in the United States, we can be sure we are headed in the right direction to driving safe. Even the vehicles we drive are getting designed better to keep us safer with each passing year. Below are a few extra tips to keep you and your loved ones safe while driving.

Did you know taking a refresher course can help, and even safe you money on your car insurance?

  Yes it’s true!

Some laws in the U.S. require Insurance companies to give you a discount if you take a “refresher” course in Driver Education. Sure, you might think it makes no sense because you “already know it all”, but you’d be surprised to learn what new skills are out there for drivers as well as remembering things you probably forgot when you were 16. Plus, who wouldn’t want to save money on their car insurance?

Always have a safe driving mentality.

We’ve all seen the drivers who speed WAY over the limit that is posted, or people who don’t stop for stop signs or even red lights. Those are the folks that you need to worry about when you are on the road.

Always take a safe approach while driving. Eliminate any and all distractions while you drive. This includes talking to your passengers, turning off your cell phone, not trying to change the channel on your radio and so much more. 

You must always be on the defense when driving. Never be over aggressive, and never let yourself get a hot head while driving. Tail-gating someone is not a great idea. Don’t do it. Horns are for making other drivers aware of their mistakes. Such as somehow drifting in your lane, or not paying attention. They are not used for aggression against someone who happens to be driving slowly in front of you.

The last and probably the biggest thing on this list is to not drink and drive. This is by far the worst thing someone can do while they drive, and sadly, it is one of the most common reasons why people are involved in accidents in America today. Just don’t do it.

We hope that these reminders serve as YOUR refresher course in maintaining some safe driving habits.

Some officers don’t use seatbelts. Could it be costly in the long run?

By the time his police cruiser tumbled to a halt in the underbrush beside the interstate in August, the young police officer had been flung clear of the car to his death, the same fate that had been suffered by 139 other officers nationwide who were ejected from their vehicles when not using a seat belt.  Although most state’s laws require police to use seat belts, federal data show that only about half of them do, and over the past three decades, 19 percent of the officers killed in accidents were ejected from their vehicles.

A Prince George’s County police officer who had dreamed of joining the force since he entered a law enforcement program as a teen died when his cruiser crashed on the Capital Beltway.  “We’ve been told it’s ‘I want to be able to get out of the car quickly, it interferes with my gun or it interferes with my belt, it interferes with my driving.’ All the wrong reasons,” said Geoffrey P. Alpert, a University of South Carolina professor who has studied high-risk police activities for more than 25 years. “I can understand if you’re pulling up to a scene and you undo your seat belt because you want to be able to get out quickly, but not when you’re going 100 miles an hour on the freeway.”

Prince George’s County Police Officer Adrian Morris died of head injuries Aug. 20 after being thrown from his cruiser when it left Interstate 95 during the high-speed chase of a stolen car. His partner, Mike Risher, was buckled in the passenger seat. He was treated at and released from a hospital that day.

That incident came a week after a Fairfax County police officer whose name has not been released was involved in a fatal accident. The officer was headed east on Franconia Road just before 3 a.m. Aug. 13 when a car swerved in front of his cruiser, striking it head-on. The car burst into flames, and its driver died. The officer was trapped, but he was pulled free and survived.

“Thank God he had his seat belt on,” said Capt. Susan H. Culin, who heads the county’s traffic division. “He’s very adamant that his seat belt saved his life.”

Seat belts and air bags have made the high-risk pursuit of criminal suspects less deadly than it once was, but for more than a dozen years, traffic fatalities killed more police officers than bullets did. The trend was reversed last year, when the number killed by gunfire — 68 — was four more than the number who died in traffic incidents. The question of when police should chase a fleeing suspect has been debated in public and law enforcement circles for years, leading most police departments to delineate their rules. Research has shown that 1 percent of chases end in a fatality and that an officer dies as the result of a pursuit every 11 weeks.

The National Highway Traffic Safety Administration determined that 139 officers died when ejected from their vehicles in crashes between 1980 and 2008 and that only 45 percent of the 733 officers who died in crashes during the period had their seat belts fastened.

By contrast, 84 percent of all American drivers use their seat belts, the NHTSA estimates.  In Prince George’s, the importance of officers using seat belts is stressed in the annual in-service training, a portion of which is devoted to safe driving, police said.  “You can change any policy and procedure that you want to change, reduce it to writing and stick it in your 400-500 page general order manual, but you’re not making any headway unless you change the culture,” Davis said.

He calls the three reasons most officers give for eschewing the seat belt — it gets tangled with their gun belt, it delays their exit from the car and it hampers their ability to dodge a bullet — “absolutely absurd.”  “It’s a bunch of garbage, and I just don’t buy it,” he said.

This writer agrees. I don’t buy it either. To me it is pure laziness and a blatant violation of the traffic laws. As a Phoenix Car Accident Lawyer, no one is truly safe from an accident; not even our Police Officers. So why wouldn't they wear their seat-belts. It is after-all the law isn't it?

They don’t wear it “in case they have to chase a fleeing suspect”?  Yeah right. That happens often.

I have the greatest respect in the world for police officers, but cannot respect a hypocrite. 

DO AS I SAY, NOT AS I DO?  That works with my kids, but not with police officers who are much better trained in safety procedures and maneuvers than almost any other segment of society. 

Come on guys, get real.  Obey the same laws that the rest of us obey, and that you are more than happy to write a ticket for

That life you now “serve and protect” might just be your own.

Truck drivers driving fatigued at the wheel?

Each year truck crashes kill over 5,000 people and injure almost 150,000 more on our nation's roads and highways. Nearly one in four passenger vehicle deaths in multiple-vehicle collisions involve a large truck. Large trucks are involved in multiple-vehicle fatal crashes at twice the rate of passenger vehicles. Furthermore, almost 800 large truck occupants, almost all of them drivers, die each year in these crashes. In recent years, almost one of every four fatalities among passenger vehicle occupants have been the result of multi-vehicle collisions involving a large truck.

When commercial drivers become fatigued from excessive daily and weekly work hours, they substantially increase the risk of crashes that result in death or serious injuries. According to the Federal Motor Carrier Safety Administration (FMCSA), more than 750 people die and 20,000 more are injured each year due directly to fatigued commercial vehicle drivers.

DRIVER FATIGUE FACTS

• Large trucks accounted for 13% of all passenger vehicle deaths in 1999 yet represented only 3% of all registered vehicles. (National Highway Transportation Safety Administration or NHTSA, 2000).

• Truck driver fatigue is a contributing factor in as many as 30-40% of all heavy truck crashes. (NHTSA, 1994).

• The National Transportation Safety Board (NTSB) study found that of 107 heavy truck crashes, fatigue was a prominent factor in 75% of the run-off-the-road crashes, with 68% of long-haul drivers and 49% of short haul drivers suffering fatigue-related crashes.

Working long shifts not only radically increases the risk of performance errors due to lost alertness and drowsiness, but it also impairs a trucker's ability to gain proper restorative sleep even when they have sufficient off-duty time for sleep. (Federal Highway Administration or FHWA, 1997).

• on-site investigations over the last several years have determined that, overall, one crash in every five among truck drivers is due to falling asleep at the wheel and that up to 30% of truck crash fatalities on rural roads are due to sleep deprivation.

• The risk of a crash effectively doubles from the eighth to the tenth hour of driving, and doubles again from the tenth to the eleventh hour of driving alone. (FMCSA).

Why Is Contacting an Attorney Important?

It is important to contact an experienced phoenix personal injury attorney as soon as possible after a tractor trailer accident. An experienced lawyer’s involvement can ensure that evidence is preserved and the trucking accident scene is investigated promptly by experts. Evidence in trucking accidents can be easily destroyed, and it often is destroyed by guilty or liable truck drivers or trucking companies. This evidence is essential in determining what caused the accident and whether the truck driver is liable for damages.

Truck Driving Accidents are not uncommon throughout the United States. This is why it is very crucial to always stay aware and alert while driving on roads. Though there is new technology that is contstantly being introduced to prevent truck driver fatigue, there will always be instances of where drivers on the road for long hours will still face it. The safest thing to do for truck drivers is to follow the laws. There's a reason why these laws exist in the first place. Be safe everyone.

Counterfeit airbags: Government to warn tens of thousands of drivers

The government is preparing to warn the public that tens of thousands of car owners may have counterfeit airbags. 

The National Highway Traffic Safety Administration alerted the industry Tuesday. NHTSA testing shows that some counterfeit bags don't inflate properly, if at all. 

In at least one case, a counterfeit bag fired shards of plastic and other projectiles on impact, the agency said.

People who have had their air bags replaced in the past three years by a repair shop other than a new car dealership could be at risk. 

Auto dealership body shops are usually required to buy parts directly from automakers and, therefore, unlikely to have counterfeit bags.

The NHTSA said the fake bags were marketed to auto body shops as the real deal. 

These bags look real and have manufacturer logos on them. 

Officials said it's unclear whether police or accident investigators would be able to tell the difference between a counterfeit air bag and a genuine one.

If you think you have a counterfeit bag, call the manufacturer or visit a dealership. It could cost $100 or more to check air bags. Right now, it's not clear who would pay for the cost. 

No deaths or injuries have been reported.

Consumers may also want to call a manufacturer or dealership to find out if their particular car is among those for which counterfeit bags were made. 

A list is expected to be posted on www.safercar.gov . Check back for updates.

RECENT INCIDENTS ESCALATE CONCERNS

In August, federal agents confiscated nearly 1,600 counterfeit air bags and arrested a North Carolina auto mechanic, according to a report by the Charlotte Observer.

According to the U.S. Attorney's Office, authorities arrested an owner of Guangzhou Auto Parts in Tennessee last February for trafficking counterfeit airbags.

As a Phoenix Personal Injury Lawyer, there are many examples of where Air-Bags have both saved lives, and sometimes even made injuries worse after an accident. Having "fake" air-bags only puts that much more danger into the equation of an auto accident. These types of bags need to be regulated and not used for public use whatsoever. How dangerous can they really be? A bag that doesn't inflate is a huge cause of concern. Auto Accidents in Arizona are unfortunately a common occurence. There should be no added danger in fake bags to only make your chances of injury more likely. Be safe out there and be careful on what is being put into your vehicle. Always stay aware.

Teen drinking declining but still a big problem

Teen drinking has dropped more than 54% over the last two decades. The issue is that still over 1 million teens still ended up behind a wheel after drinking, according to a new study.

Out of those who did drink and drive in 2010, 1 in 5 fatal accidents were a result of a drunk driver. Also, over 80 percent of those who were arrested for a dui, were over the legal adult limit according to The Centers for Disease Control and Prevention.

Binge drinking, which was defined as having at least five alcoholic drinks within a few hours, was reported by 85 percent of high school teens who noted drinking and driving in the past month.

"We are moving in the right direction," said Dr. Thomas R. Frieden, the CDC director. "But we must keep up the momentum," because 1 in 10 high school teens drinks and drives each month, endangering themselves and others.

For the report, CDC researchers analyzed data gathered during the Youth Risk Behavior Surveys between 1991 and 2011. In these national surveys, high school students were asked if they had driven a vehicle after drinking alcohol at least during the previous 30 days.

Drinking and driving was reported to be higher among males instead of females, in which the majority of those drinking and driving were over the age of 18.

Parents' efforts to get involved in their teens' lives can help keep them safe, according to the report. Parents can model safe-driving behavior and use tools such as parent-teen driving agreements.

Research has also shown that laws establishing a minimum legal drinking age, zero-tolerance laws and a graduated driver-licensing system can protect teen drivers.

As a Phoenix Car Accident Lawyer, there are many examples where drinking and driving have come into a situation. The outcome of the situations never ends well. The statistics though optimistic, are still too high considering that those drinking are still under the legal age to drink in the first place.

We all see the campaigns that are put into stopping horrible accidents from occuring, yet people still do not learn. Hopefully we keep making big strides in eliminating drinking and driving even more than it has been diminished already.

Drive safe everyone!