Phoenix police say a motorcyclist has died after colliding with another vehicle in Phoenix on Wednesday morning.
According to police, the crash occurred near 10th Street and Thunderbird Road where a man riding a motorcycle was headed westbound. Another vehicle was getting on Thunderbird from a private drive when the two vehicles hit. The motorcyclist reportedly died from his injuries. The driver of the other vehicle was not hurt.
Police say there are no indications yet on whether speed or impairment were factors. The investigating is continuing.
Despite the thrill of the acceleration, motorcycles are dangerous. The main reason: For some reason, cars just don’t notice them.
That is what likely occurred here. Does that excuse the driver who pulled out? No, absolutely not. Motorcycles are legal, and other vehicles are required by Arizona law to yield right of way.
Absent speed or impairment issues, the driver of the car is likely 100% at fault here.
Our prayers go out to all affected by this tragedy.
Arizona is among one of 30 states that allow operators of a certain age to leave their helmets at home, according to consumerreports.org. (Note: Arizona is not the state with the most lenient law)
In Arizona and 19 other states, motorcycle operators 17 years and younger are legally required to wear the head gear. Florida and Kentucky are among the seven states states that mandate helmets for those 20 and younger.
Illinois and New Hampshire have no helmet laws at all, according to Consumerreports.org.
"Besides getting a ticket for not wearing a helmet in certain states, there is even more incentive—not properly protecting yourself could increase your risk of injury or even death," consumerreports.org said. "They are about 37 percent effective in preventing deaths and about 67 percent effective in preventing brain injuries from motorcycle crashes ...
"Rider fatalities have grown even more rapidly, especially compared to cars. In 2012, over 4,900 motorcyclists died on the roads -- that is, 15 percent of the total highway fatalities and an increase of 33 percent from 2003-2012."
While riding helmet-less may provide riders the sense of freedom they want, it also may well harm their chances for a recovery should an accident occur.
Most motorcycle accidents are not the fault of the motorcycle rider, but the driver of another vehicle who fails to see or notice the motorcyclist until it is too late.
Head injuries are common—more common for helmetless riders.
In Arizona, although the law does not require helmet use, given that it is a widely known fact that helmets save injuries and save lives, it is the law that the helmetless motorcycle rider may be found to be responsible for his/her own head injuries in failing to wear a helmet---even if the accident was not his/her fault. Does this change your mind?
Perhaps not, but it is a factor you should strongly consider before you decide to get on the bike and risk traffic.
Motorcycle safety is crucial. Motorcycle riders are well aware of how alert they have to ride. As a rider you must assume that no one can see you on the road. That means you must make sure you ride with care and ride smart.
There are many tips that can help you ride a little safer in this free motorcycle accident infographic. Get to know T-CLOCS. Don't know what that is? Make sure you refer to the graphic.
So, you
were injured in an accident and decided to bring a personal injury claim
against the negligent party. You have been suffering since your accident and
you want to be compensated for your pain and discomfort. Is that enough to win
your lawsuit? No, that is not enough.
I tell my clients, “it is
not what you know, it is what you can prove.” You know
that you are hurting, but can you prove it? Here
are the top five things you need to meet your burden of proof:
1. Medical
Treatment - The truth of the matter is that you may have pain after an
accident, but if you don’t get medical treatment, then it is 1)
hard to prove you were hurt and 2) easy for the defendant to
paint argue you were not hurt. Jurors don’t like to
hear that you “are not a complainer” to justify why you didn’t get medical
treatment, and “excuses” of any kind will likely doom your case. You
are person, not a superhero. Reasonable people
get medical treatment when they are hurt. If you don’t need
treatment, great. That is the best type of accident to be in. If
you are hurt, get treatment and follow-up with your doctors
as needed. End of story. 2. Be
Consistent With Your Symptom Reporting. When
filling out your medical paper work or speaking with your doctor/nurse,
communicate your symptoms, including your symptoms you are having at
that moment as well as the
symptoms since the accident. If a body part is painful or numb or feels
different since the accident, make sure to state that
in the medical paperwork and when you speak with your doctors. This
information should be consistent from one doctor to the next,
and, even if you see a doctor for a medical condition unrelated to your
injury, it helps if you tell them about your injury.
3. Be
Descriptive With Your Symptoms. When communicating
your symptoms to your medical provider, specifically identify the type of pain
you are experiencing. Different types of symptoms indicate different types of
injuries. Don’t write that you have “pain.” Describe the pain. There is a
difference between dull, achy pain and sharp pain with pins
and needles, numbness and tingling, etc….
How you describe your symptoms can greatly assist
the doctor in making a diagnosis. The way you describe your symptoms should be consistent with all of
your medical providers.
4. Be
Accurate About Your Medical History. If you have had
medical treatment to your low back before an accident and then suffered a new
back injury from an accident, it is extremely important that you tell all of
your doctors about your prior low back symptoms and treatment.
The law allows you to bring a claim if an accident worsened
(aggravated) a pre-existing medical condition, but juries look harshly upon
people who are not truthful. You can still have a legal claim even if you have
had prior treatment for the same body part, but a jury will turn you away if
you don’t disclose that prior/relevant medical treatment. There is no-one who
knows your medical history better than you do. You lived it. As a result, a
jury will not believe that you “forgot” your prior injury/condition if you
failed to disclose it to the doctors treating you after an accident.
5. Communicate
With Your Attorney. Whenever you plan on seeing a new medical doctor or getting
new tests or radiological studies, let your attorney know. Your attorney is
there to help guide you through the process, but they cannot do that if you do
not keep them informed. Additionally, if you decide to apply for disability
benefits or for government assistance, it is critical that your attorney be
part of that process. In your effort to seek assistance, you may be
jeopardizing your claim. Why not keep your attorney in the loop? It does not cost
you anymore, and the advice and assistance you receive is exactly why you have
an attorney in the first place.
Will these rules guaranty you a recovery
in your personal injury case? Of course not. On the other hand,
they will provide you and your attorney the information and documentation
needed to give you the best chance of presenting a successful claim.
Though there is a stigma about older drivers being
"unsafe" on roads, studies actually show that older drivers are some
of the safest drivers on the road today. By 2030, 1 out of 5 drivers will be 65
years of age or older.
“Though the natural changes that occur with age can have an adverse impact
on one’s driving ability, decades of road experience makes older drivers’
statistically one of the safest groups on the road,” said Linda Gorman,
director of communications and public affairs for AAA Arizona. “As an advocate
for the motoring public, AAA believes it is important for senior drivers to
learn how to compensate for those changes so that they can stay on the road
longer and safer.”
Below
are myths that are commonly associated with “old” drivers.
MYTH:
The fewer older drivers, the safer the roadways
FACT: While there’s no such
thing as the perfect driver, senior drivers tend to be safer drivers. In
fact, ages 64 to 69 are statistically the safest drivers on the road,
according to the National Highway Traffic Safety Administration. With
their experience, seniors are less likely to drive distracted or impaired;
tend to drive when conditions are safest; and don’t take as many risks,
such as not driving at night.
MYTH:
Older drivers are resistant to changes in driving laws.
FACT: Though such laws as
seat-belt use weren’t enacted for decades after many older drivers
received their licenses, seniors are the most likely to buckle up – and
therefore model safe driving habits to their passengers. In fact, 77 percent
of older motor vehicle occupants (drivers and passengers) involved in
fatal crashes were wearing seat belts at the time of the crash, compared
to 63 percent for adult occupants (18 to 64 years of age).
MYTH:
Aging makes most older adults high-risk drivers.
FACT: While specific abilities
needed to drive safely, such as vision, memory, strength, reaction time
and flexibility, decline as we age, the rate of change varies greatly.
Many older drivers do not differ significantly from middle-age drivers in
their driving skills. However, it’s important that senior drivers
recognize changes as they age and take advantage of resources to help
combat them.
“A lot of misconceptions remain about older drivers,” Gorman said. “Through
workshops, such as Safe Driving for Mature Drivers, AAA is working to educate
motorists on the strengths and weaknesses of drivers of any age.”
Motorcycle accidents in Arizona is an epidemic. And all drivers have a duty while they are on the road. To respect other drivers and make sure they are cautious and aware while driving. Regardless if they are driving a car, truck, suv, or big rig. Using the excuse that they did not see the motorcyclist is unacceptable to say the least.
Motorcyclists ride for many reasons: From wanting to be on the open road, to simply wanting to save gas because of the rising prices. Regardless, all motorcyclists take precautions to know they are always in the safest possible place they could be while on the road.
What Can People Do to Start Seeing Motorcycles?
Many people are aware of the Start Seeing Motorcycles bumper sticker. Sadly, many people who display that bumper sticker have lost loved ones or have been impacted by a motorcycle accident. Motor vehicle operators need to take the following steps to ensure motorcyclists are safe on the road.
Share the road with motorcycles.
Obey traffic rules. One negligent action can harm someone.
Allow enough cushion between cars and motorcycles. Cars take longer to stop and a slow reaction time could cause injury to a motorcyclist.
Watch for motorcycles.
There are many action groups dedicated to inform the public about the important steps people can take to afford motorcyclists the same road rights as other vehicles.
Motorcycle accidents happen more often than many think. Many times, when a car or truck is involved with the motorcycle, the excuse is always, "they didn't see you" which is horrible. Take these precautions below to help you stay safe while out riding and enjoying the open road.
-
Wearing a helmet is a lifesaver: The leading cause of death in
motorcycle accidents is head injury. A motorcyclist who isn’t wearing
one is 40% more likely to die of a head injury if involved in an
accident.
- Take a safety course: Brushing up on your cycling skills
though you’ve likely been riding for awhile is always good. Not only can
it help prevent accidents, but it can reduce your risk of getting
seriously injured.
- Always check your T-CLOCS: What is T-CLOCS? It means to
check your Tires, Wheels, Controls, Lights, Oil, Chassis, and Stand
before you get on your bike.
- Always be aware of your surroundings and your environment:
Stay alert of other vehicles around you at all times, keep a look out
for hazards on the roads such as oil spills or grease spots, and always
check in on how the weather is going to be before you head out to ride.
- See more at:
http://www.zacharlawblog.com/2012/05/stay-safe-while-riding-your-motorcycle-safety-tips.html#sthash.pLQWGoyU.dpuf
-Wearing a helmet is a lifesaver: The leading cause of death in motorcycle accidents is head injury.
A motorcyclist who isn’t wearing one is 40% more likely to die of a head injury if involved in an accident.
- Take a safety course: Brushing up on your cycling skills though you’ve likely been riding for awhile is always good. Not only can it help prevent accidents, but it can reduce your risk of getting seriously injured.
- Always check your T-CLOCS: What is T-CLOCS? It means to check your Tires, Wheels, Controls, Lights, Oil, Chassis, and Stand before you get on your bike.
- Always be aware of your surroundings and your environment: Stay alert of other vehicles around you at all times, keep a look out for hazards on the roads such as oil spills or grease spots, and always check in on how the weather is going to be before you head out to ride.
Car accidents are a very real
concern for everyone in today’s fast pace society. Everyone will probably
encounter at least one, probably more, in their lifetime. However, when
you think of being in an accident, do you honestly ever think that it will be caused
by road debris? That indeed is the fact for about 25,000 people, and
approximately 90 deaths, every year. This is according to the AAA
Foundation for Traffic Safety.
Road debris can be very difficult
to control, especially on highways and freeways with heavy and fast moving
traffic. For instance, how does a driver who loses a piece of metal off
the back of his/her truck retrieve it when there is constant, steady, and fast
moving traffic? We see this happen frequently, but it is probably far more
dangerous to go back and pick it up than merely to leave it to the road
crews. Certainly, if the object creates a hazard, a quick call to 9-1-1
to alert the authorities is entirely appropriate.
In Arizona, Arizona Revised Statute, §28-1098 states:
A. A person shall not drive or move a vehicle on a highway unless the
vehicle is constructed or loaded in a manner to prevent any of its
load from dropping, sifting, leaking or otherwise escaping from the vehicle.
B. A person shall not operate a vehicle on a highway with a load unless
the load and any covering on the load are securely fastened in a manner to
prevent the covering or load from becoming loose, detached or in any manners a
hazard to other users of the highway.
A person injured due to road
debris will have to first prove the object came from a specific truck (this is
often denied by the responsible driver). In some circumstances, it may be
necessary to prove also that the responsible party was negligent in securing
the load. Assuming the identity of the vehicle or driver from which the
debris came cannot be discovered, an injured party may be able to state a claim
with their own insurance company, under their Uninsured Motorist
coverage. This will require that they prove that the falling object or
roadway debris actually came from another vehicle. (This is not always as
easy as it sounds, and insurance companies routinely make up all types of
different scenarios to suggest otherwise.)
If you or someone you know has
been injured in a circumstance involving falling or roadway debris, call a Certified Specialist in Personal Injury/Wrongful Death
law to see if you might have legal recourse. Almost all of these
attorneys work on a percentage arrangement, so it costs you nothing to see if
you might have a claim. The attorney
will have the people needed to perform a much deeper investigation, one which
may be needed if you do not know or cannot prove where the debris came
from.
Without a witness, the possible
causes of road debris are so vast in many cases even the Police Department or
Highway Patrol investigators cannot find its origin. Do not give up hope,
feeling that you will never find who is at fault or be reimbursed for your
damages; this is why a good attorney is so
vital.
Example: Claudia Avila died
after being struck in the head by a metal plate which crashed thru the
windshield of the car she was driving. The Florida Highway Patrol closed
the case without finding the origin of the metal plate. The attorney for
Avila’s family conducted an investigation, which revealed the company which
packaged the plate for shipment. This company then divulged the identity
of the company which purchased the plates, which in turn divulged the trucking
company that transported the plates. All three companies were sued and
the Avila family eventually received a $6.9 million verdict.
Road debris is a real hazard and
one that, as stated above, is very hard to control. If you are hauling
something and it becomes lose and dislodges, retrieve it only if it is safe to
do so. If it is not safe but poses an immediate danger, call 9-1-1.
If it does not pose a danger and you cannot retrieve it yourself you can call
the Department of Transportation for your
state, in Arizona that number is 602-712-7355. I would also suggest
calling the Department of transportation if you see debris come from someone
else’s vehicle in hopes of preventing any foreseeable accidents.
There were more than ninety-nine motorcycle related deaths in
Arizona in 2010. One year later, in 2011, the number jumped to 157, with more
than 2,900 motorcycle accidents according to the Arizona Department of
Transportation. More and more motorcycle riders on the road in Arizona means
there’s a higher possibility of accidents occurring.
The Governor's Office of Highway Safety and Arizona Department of
Transportation has been asked to develop a strategy to help combat the growing
number of motorcyclists who are killed on Arizona roadways. The agencies have
one year to devise a plan; regardless, there will be a recommendation for more
training and education.
The key to assuring safety amongst all riders in Arizona is to train and
educate young riders throughout the state. The more these riders know, the
better off they will be on the streets. What exactly causes the accidents in
the first place? Is the the riders themselves being careless, or is it the
other motorists simply just not paying attention? The answer: Likely a
mixture of both.
The more educational materials and training available to motorcycle riders,
the better. Not only will it keep them safe, it will also help in riders
handling drivers who just are not paying attention while on the road. But
what to do about the other motorists? How can we help them visualize
motorists better?
According to reports,
many people think when a motorcyclist is in an accident, they are at fault. The
overwhelming assumption is that the motorcyclist is reck-less “riding”, when
in fact motorcycle crashes involve more than one vehicle in half of all
motorcycle accidents. Of the total amount of accidents per year, nearly 40
percent of accidents were caused by drivers who were making a left hand turn in
front of the motorcyclist. Nearly 4,000 motorcyclists die each year nationwide, creating
more awareness, training, and education for riders can be paramount in saving
future lives.
This guest post was written by Heidi Kelsch, a Senior Paralegal at Zachar Law Firm.
November 3, 2012 is the 20th Anniversary of
the day Chris Zachar was admitted to practice law in the State of Arizona. Now, I haven’t been around for all 20 of
those years, but I have been fortunate enough to call him Boss for the last 15
years. After getting his feet wet and
learning the ropes at another firm, Chris started his own firm in January,
1996. His goal was simple: To provide legal services to his clients with
the same level of care and concern he would want an attorney to show him, if he
had been injured by the negligence of another.
Chris has endeavored to provide excellent service and caring
representation to each and every one of his clients since that time.
When I started working for him in 1997, his son Tommy
had just been born. Chris was over the
moon about his son’s birth – but he was still in the office before anyone
else. He worked through lunch most days,
and while he always went home to have dinner with his wife and son, he often returned
to the office afterwards or worked from home until late in the night. While I know Chris to be a highly driven,
Type A personality, much of what drives him is his desire to provide the best
service to his clients. He takes every
phone call he can when he is in the office.
He returns every call he misses.
He responds to every one of the hundreds of emails he gets every day
personally. Always in the back of his
mind is the question: How can we get
better at what we do, how can we do more, better, faster?
Over the past 15 years, Chris’s life has changed in
many ways. He and his wife added two
daughters to their family, and their oldest is now in high school. Chris has been incredibly active in his
children’s lives, often coaching their sports teams, and rarely missing a game
or a practice. If the time he spends with
his family robs from his time at work, he sacrifices sleep to make it up. Most mornings I have multiple emails from him
by 4:30 a.m. He’s in the office, working
hard, by 5:30 a.m. He still works through lunch most days, and he still comes
back to the office or works from home most evenings. Chris works just as hard now as he did when
he first started.
I used to think that once he reached a certain level
of success, his drive would lessen, and he would work maybe just a little less
hard. (At least, I hoped so!) But so far,
none of his success has changed him. He
remains just as committed to providing the best legal services he can to his
clients now as he was when he started his firm.
He still gets fired up about new cases, celebrates the smallest
settlements as much as the largest, takes on the battles that need to be
fought, advocates for the victims who have nowhere else to turn, and when
necessary, he sacrifices his fees in order to provide the best result to his
clients. Other attorneys might show signs of wear and exhaustion and burnout
after 20 years – but not Chris. He will
be as anxious to get up and go to work tomorrow and the next day as he was
today, and yesterday, and the day before.
He will be in before any of his staff, and in the back of his mind, he
will be pondering the eternal question: How can we get better at what we do?
WASHINGTON — Three percent of drivers of large trucks who were involved in a fatal accident in 2010 had any detectable blood alcohol content (BAC), 2 percent of those had a BAC of between .08 and .14. The legal limit in all 50 states and the District of Columbia is .08.
Of those 2 percent above .08 , half had a BAC of .15 or higher.
The National Highway Traffic Safety Administration released 2010 data on alcohol-impaired-driving fatal crashes in conjunction with the announcement of the annual nationwide anti-drunk driving campaign “Drive Sober or Get Pulled Over.”
The nationwide crackdown, held in cooperation with with local law enforcement officers, Mothers Against Drunk Driving (MADD), the Governors Highway Safety Association (GHSA) and the National Center for DWI Courts, comes as new agency statistics show 70 percent of deaths in drunk driving crashes in 2010 involved drivers with blood alcohol levels that were nearly twice the .08 legal limit.
The percentage of large truck drivers who had any BAC was the lowest among all major categories — passenger car, light truck, large truck, motorcycle, bus and other.
Motorcycle riders registered the highest percentage of alcohol-related accidents.
The data show that 8 percent of motorcycle drivers had a BAC of .01-.07, 10 percent between .08 and .14 and 17 percent above .15.
NHTSA said more than 10,000 police departments and law enforcement agencies across the country will support the campaign beginning August 17 and continuing through the Labor Day holiday weekend.
New NHTSA research indicates the 10,228 alcohol-impaired fatalities in 2010 accounted for nearly one out of three highway deaths on U.S. roads – the equivalent of one death every 51 minutes. During the same time period, more than two thirds of drunk driving deaths (7,145 or 70 percent) involved drivers with a blood alcohol concentration (BAC) of .15 or higher. Overall, the most frequently recorded BAC among drunk drivers involved in fatal crashes was .18 BAC.
Truck accidents in Arizona are unfortunately a common issue. The various reasons for the accidents remains to be different with each wreck. Not only is drinking in driving a stupid thing to do as it is, but if you are driving a large truck and drinking and driving, the chances for disaster are even more greater than before.
The most surprising statistic from this article was the alcohol related accidents involving motorcycle riders. Riding a Motorcycle is already somewhat diffcult to handle. With the addition of alcohol in someone's system will only make handling the motorcycle that much more harder, which will only be a horrible situation if involved in an accident. Motorcycle accidents in phoenix are also very common, but if you were to add alcohol to someone who is responsible for maintaining balance while on two wheels, the results will never be good.
Drive smart Arizona, let's stop drinking and driving nationwide!