Arizona Accident Lawyer Blog

As parents and Mesa bike accident attorneys, we hate to hear of fatal accidents involving individuals of all ages, but it hits even closer to home if a child dies. No parent should have to deal with the loss of a child.

An innocent family bike ride Tuesday evening with a father and his daughters turned fatal when his 11 year old daughter fell behind the two and was hit by a car (AZ Family 10/27/10). The teen driver was passing the car in front of him, didn’t see the little girl, and fatally struck her.

We can’t even imagine how difficult it must be for the family involved in that situation. Our thoughts are with the parents, family, and friends of this little girl.

Dusk is one of the most dangerous times of day for bicyclists and pedestrians. 70% of fatal bike and car accidents happen between 2 and 8pm (Safe Kids USA 2009). In 2005, 14,000 child injuries were reported involving a bike and car accident. Many injuries and deaths could be prevented with an appropriate helmet. Safe Kids USA have found that helmet usage could reduce the risk of head injury by 85% and severe brain injury by 88% (2005). If all children between 4 and 15 wore a helmet while bicycling, 135-155 lives could be spared every year. Take a moment today to remind your children about bicycling safety—we know we will.

Continue reading " 11 Year Old Girl Killed by Teen Driver While Riding Bike " »

Distracted driving caused 6,000 deaths across the country in 2008 (National Highway Traffic Safety Administration). In Glendale, Arizona alone, nearly 1 in 4 accidents are caused by distracted drivers (Arizona Republic via AZ Central 10/24/10).

The Glendale City Council is expected to pass a texting while driving ban this fall, becoming only the second city in Arizona after Phoenix to do so (Arizona Republic via AZ Central 10/24/10). While some argue it is impossible to enforce, the ban permits authorities to pull over drivers they spot who are texting and issue a fine, starting at $100.

Phoenix’s ban on texting while driving has lead to 67 citations and 53 drivers found guilty in court. The overall impact on accident statistics is not yet known as there isn’t enough data available.

While several studies done in states with texting bans have found accidents have actually increased since they have been enforced, AAA Arizona states that these types of laws take a few years to become effective.

Distracted driving is something that drivers can reduce themselves by making smart, safe choices to reduce their distractions. Some smart phones have come out with auto-replies that will respond to texts for you if you’re driving, and other applications read your texts to you and allow you to speak your response. These applications are helpful but they do not solve the problem. The best solution to prevent distracted driving is to put your distractions on hold while driving. Your first and only priority should be to get from point A to point B safely.

Continue reading " Glendale May be Next Arizona City to Ban Texting and Driving " »

As dog lovers and Arizona dog bite attorneys, we see the best and worst of these lovable pets every day. With the right care, training, and preparedness, dogs can indeed be man’s best friend. However, if any one of those things goes astray, there could be a dangerous situation.

In Gilbert on Wednesday, a large bloodhound escaped from his owner’s yard and attacked two female neighbors (ABC 15 10/21/10). A police officer responding to the scene shot at the dog because he reportedly started charging at him as he was trying to protect one of the victims, and the dog was later put down at the request of the owner. One woman was treated at the scene while the other had to go to the hospital.

In Arizona, the statute of limitations gives you two years to file a notice of claim, but in dog bite cases, it is best to act within the first year. During the first year following a dog bite injury, the dog owner has full liability, even if it was the first attack by the dog. After the first year, owners may have other defenses available.

Things to remember when you are approached by a strange dog:
• Don’t panic. Stay still and don’t react to it. They will eventually bore of you and move on. Yelling, making sudden, aggressive movements will only agitate it further, increasing your chance of injury.
• Look for signs of aggression—Is it bearing its teeth? Tucking its tail or yawning? These are all signs of an agitated dog. Take caution.

Continue reading " Two Gilbert Women Suffer Dog Bites " »

It is impossible to imagine the difficult situation families must deal with when they lose a wife and mother. As Arizona wrongful death attorneys, we see these situations all too often. Our thoughts are with the family of this woman as they grieve their loss.

The accident occurred on Saturday in Goodyear where a mother and wife was sitting at a red light on her motorcycle when she was hit by a drunk driver (ABC 15 10/20/10). The driver was speeding, ran a stop sign, and killed her on impact. Authorities are still investigating the crash but have determined alcohol to be a factor.

We wish no family had to deal with such a tragedy. Drunk drivers cause nearly 12,000 deaths every year, costing the U.S. more than $51 billion dollars (Center for Disease Control and Prevention, 7/30/10).

Continue reading " Mom on Motorcycle Killed by Drunk Driver " »

As parents and Arizona product liability attorneys, we are always on the look out for the newest and best products to keep our children safer. When we heard about this latest recall, we wanted to pass on the message as quickly as possible to our readers to prevent other injuries or deaths.

Graco, a large baby product manufacturer, is recalling over 2 million strollers after reports of four infants died in the product between 2003 and 2005 (KPHO 10/20/10). The problem with the strollers is the opening between the tray and the bottom of the seat where unbuckled children may slip, become trapped, and risk strangulation. In addition to the four deaths reported, several reports of injuries have also come in of children getting cuts and bruises, and another report of a child having trouble breathing after getting stuck.

The strollers, both the Graco Quattro Tour and MetroLite, were manufactured before 2007 and distributed from Atlanta, GA. Voluntary changes made to the products in 2008 have prevented this fault in newer products because the new standard requires a larger opening between the tray and the seat bottom.

We urge all parents to check the models of their strollers to make sure they are not included in the recall. Also be sure to follow recommended usage guidelines by always buckling your child in their stroller and never leaving it unattended to prevent runaway injuries.

Continue reading " Four Infant Deaths Lead to Stroller Recall " »

A family vacation means fun in the sun, photo opportunities, and embarrassing moments. Most families don’t think of the dangers they face while on vacation, even though they are the same dangers they face at home, like car accidents or trip and fall injuries, only sometimes even more amplified.

On Sunday, a tour bus heading from Las Vegas to the Grand Canyon drifted off the road and rolled several times (Arizona Republic via AZ Central 10/17/10). Two of the eleven passengers were killed, and several more were seriously injured. Information regarding the identities of the riders or the cause of the accident is not yet available. No other vehicles were involved.

Tour bus drivers face the same challenges as large truck drivers. Frequently traveling across the country and through the night leads to fatigue. Truck drivers are required to log a certain amount of hours of sleep every day, and are not allowed to drive over 10 consecutive hours without 8 consecutive hours of rest. How much do you know about driver fatigue? Try some of the true or false questions below, courtesy of the U.S. Department of Transportation Federal Motor Carrier Safety Administration:
1. Coffee overcomes the effects of drowsiness while driving. (T or F)
2. I can tell when I'm going to go to sleep. (T or F)
3. Rolling down my window or singing along with the radio will keep me awake. (T or F)
4. I'm a safe driver so it doesn't matter if I'm sleepy. (T or F)
5. You can stockpile sleep on the weekends. (T or F)
6. Most adults need at least seven hours of sleep each night. (T or F)
7. Being sleepy makes you misperceive things. (T or F)
8. Young people need less sleep. (T or F)
9. Wandering, disconnected thoughts are a warning sign of driver fatigue. (T or F)
10. Little green men in the middle of the road may mean the driver is too tired to drive. (T or F)
11. On a long trip, the driver should never take a break but try to arrive at the destination as quickly as possible. (T or F)
12. A microsleep lasts four or five seconds. (T or F)
For answers, visit www.fmcsa.dot.gov/facts-research/research-technology/topics/fatiguequiz.html

Continue reading " Arizona Tour Bus Crash Kills 2 " »

The first thing a teen thinks of on his or her 16th birthday is getting behind the wheel. It is a milestone that many teens will barely pass this year due to car accidents. According to the Insurance Institute for Highway Safety, teens crash four times more often than any other age group. On Saturday in Chandler, Arizona, teens will be taught how to not become a statistic, focusing on the dangers of distracted driving.

Last week, a Family Driving Challenge was held at Firebird Raceway, a precursor to this weekend’s events to promote National Teen Driving Safety Week. Eleven valley teens participated in a distracted driving course to demonstrate the reality of the dangers of distracted driving (Arizona Republic via AZ Central 10/12/10). Teens were instructed to drive through a traffic cone course while texting, listening to loud music, and talking with a passenger. The program is designed to encourage families to restrict or prohibit distractions in the car. A driver who sends a text while driving is impaired as much as a driver who has consumed four beers, yet an alcohol-impaired individual will get pulled over, ticketed, and possibly jailed; and a texting driver may continue on to cause a fatal accident (Insurance Institute for Highway Safety).

As difficult as it may be, it is well known that children learn by example, so try making changes to your habits today to keep yourself and your children safe.

Continue reading " National Teen Driving Safety Week " »

As Phoenix truck accident attorneys, we see all-too-often the disastrous results of an inattentive or otherwise distracted truck driver who hits another vehicle. Eighteen-wheel haulers have a lot of weight behind them and can take longer to stop because of the momentum. Trains are very similar to trucks, only on a much larger scale.

A truck and train accident in Phoenix left a tanker truck on its side, but luckily no one was injured. The tipped truck started leaking some substance at the scene but it was determined not to be hazardous. The cause of the accident is still unknown at this time, but the photos show that it did occur at an intersection, so it is possible that the truck was crossing the tracks at the time of the accident.

There are nearly 2,000 train accidents in the U.S. every year (Federal Railroad Administration 2010). Train crossings are frequently the site of accidents as cars try to pass over the tracks to beat the train, and nearly 2,000 individuals are killed or injured in train crossings. Trains weigh nearly 4,000 times the weight of an average car, so even at seemingly slower speeds below 30 miles an hour can be fatal, like a car crushing a soda can. Trains can take up to a mile or to come to a complete stop, so even if you can spot a train coming from a distance, never assume that they can see you or be able to stop in time.

If you or a loved one has been injured in a truck or train accident, you may deserve compensation, and we may be able to help. Call us today for a free consultation at (602) 267-1280.

As parents as well as attorneys, we are constantly reminded of the importance of being proactive in your children’s safety. Oftentimes the most dangerous items to a child are those within your own home. To prevent serious injuries, try some of these tips:

• If you have a child that rides in a booster or child car seat, bring it to an inspection center near you to ensure it is properly installed. Over 80% of car seats are improperly installed (Safe Kids USA 2009).
• If you own a pool or hot tub, install a fence or safety cover. Pool alarms can also help by emitting loud noises when the water is disturbed. Installing alarms on the doors and gates leading to the pool area can prevent a child from getting close to the area in the first place. All toys or other items that may be of interest to a child should be removed from the area.
• Create a fire escape and practice it periodically so your family knows the procedures. Also check all fire safety equipment to make sure nothing is expired, broken, or has dead batteries.
• Be conscious while you cook in the kitchen to keep all pot handles to the back of the stove, and try to use the back burners to keep the heat out of children’s reach.

Continue reading " Household Safety Tips " »

Many people find that the most fun they have is while they are on the water. Boating has become a sort of culture all its own and now anyone can rent a boat to be a part of it. As Arizona boat accident attorneys, we want everyone to enjoy themselves while in or near water, but also to remember the hazards that may surround them.

Starting on October 30th, Boat Rentals of America will be offering boats to rent at Tempe Town Lake (KPHO 10/11/10). They have several kinds of boats available, including kayaks, hydro bikes, electric boats, and fishing boats. Some boats are big enough to fit an entire family.

While many will enjoy these boats safely, there are some who may not act with safety in mind at all times. Boating accidents in Arizona are frequently caused by drivers who don’t know how to operate a boat properly, or do not follow boating regulations, especially in regards to consuming alcohol.

Drinking alcohol and driving a boat is prohibited, as it presents the same risks as drinking alcohol and driving a car. Alcohol-inhibited drivers put themselves and other boaters at risk by driving recklessly on the water. Riders may be thrown overboard by an aggressive driver, and if the rider is impaired, they may have an increased risk of drowning due to the slower reaction time.

If you or a family member has suffered a boating-related injury and need assistance, Breyer Law Offices, P.C. may be able to help. Call 480-753-4534 today for a free and informative consultation of your case.

Many Arizona residents are actually transplants from other states around the country; it can be difficult to find an “Arizona native.” Arizona’s draw is oftentimes the single-digit days of rain per year, but also Arizona is recognized for being a safe family state. As parents, Arizona transplants, and accident attorneys, we chose Phoenix because we felt at home. Now our sentiments are being confirmed!

November’s issue of Parents magazine has rated several cities in Arizona in the top 100 best U.S. cities to raise a baby (Arizona Republic via AZ Central 10/7/10). Scottsdale was awarded the “Golden Binky” as it was rated number one on the list; Phoenix was 7th; Mesa was 11th; Gilbert was 14th; Chandler was 17th; Glendale was 25th; and Tucson was 30th. Child injury rates, availability of car seat checks, baby-accessible parks, and number of pediatricians are some of the criteria measured every year by Parents Magazine to determine the rankings.

Scottsdale alone has 20 certified car seat technicians who have helped to correctly install over 2,500 car seats since 2005. Every second and fourth Saturday of each month, parents can go to Scottsdale police and fire departments for a car seat inspection.

An improperly installed car seat can lead to a serious injury for a child in an accident. Safe Kids USA estimates that 84% of child restraint systems showed critical misuses. If your child is of car or booster seat age, take advantage of these free inspections to keep your children safe.

Continue reading " Scottsdale, Arizona Ranked Top City in the U.S. to Raise a Baby " »

Many dog owners find the habitual act of walking their family pet is relaxing and a great way to clear their mind. Rarely are there instances reported of road-raged pedestrians, but sometimes the stress of the day can push anyone to aggression. As Arizona car and pedestrian accident attorneys, we hope pedestrians and drivers alike keep their patience with each other to prevent putting anyone in danger.

On Tuesday, a Massachusetts woman was charged with assault and battery with a dangerous weapon, vandalism to property, and disorderly conduct after she threw a bag of dog feces at a passing driver (Associated Press via AZ Central 10/5/10). The situation seems bizarre, but the woman was walking her dog and reported seeing a near-miss accident with a car and a bike. The next day the driver contacted the police and informed them that she had thrown feces in his face. She later admitted to doing this because she thought he was speeding. It seems as though she may have had a case of pedestrian road rage!

Road rage can be dangerous in any capacity, whether in a pedestrian, bicyclist, or car driver. Some signs of an aggressive driver are someone who is weaving through traffic, tailgating, and honking their horn excessively. Aggressive driving accounts for nearly 1/3 of all accidents and a resulting 2/3 of total fatalities, according to the National Highway Traffic Safety Administration. The dog feces may not seem like a dangerous weapon, but it could have obscured the driver’s view and caused a much worse situation.

To prevent or combat road rage in yourself while you’re on the road, here are a few tips that may help you regain your composure:
1. Avoid listening to loud or “aggressive” music, as this may increase your stress level. Jazz, easy listening, a comedy channel, or an audio book can help calm you.
2. Try faking a smile for 30 seconds. When your muscles communicate this action to your brain, it triggers a release of happy feelings, even though you’re faking it.
3. Be the “bigger person.” Aggressive drivers are not likely to target you personally, they probably have legitimate reasons in their mind for their actions. Allowing them space is good manners and will give you the feeling of being the “bigger person.”

Continue reading " Enraged Pedestrian Throws Dog Feces After Near-Miss Bicyclist Accident " »

As parents and child injury attorneys, we care deeply for the safety of our children. In 2007, there were 3,443 fatal drowning accidents, an average of 10 deaths a day (Center for Disease Control and Prevention 6/7/10). Luckily for one Goodyear family, their son was saved from a fatal drowning accident thanks to the quick actions of a few lifeguards.

On Wednesday night, a 12 year old boy was swimming with his friends in the YMCA pool when one of his friends noticed he was unconscious (AZ Republic via AZ Central 9/30/10). A bystander and a lifeguard got the boy out of the water and the lifeguard performed CPR and other safety procedures. Shortly after, he regained consciousness and started talking again. He was taken to the hospital as a precaution. A Goodyear fire spokesman reminds everyone to never hesitate to call 911 emergency services in an event such as this, even if the victim seems to have recovered. It can’t be known if there are other injuries to the heart or brain without a full examination by a doctor.

It is in stories such as this that we are reminded how important it is for parents and others to be trained in how to administer CPR. CPR saved this boy’s life. Drowning is a real threat for children, causing almost 30% of deaths of children aged 1 to 4 years old in 2007 and remaining the second leading cause of death for all children ages 1 to 14 years old (CDC 6/7/10). If you are interested in becoming CPR certified to protect your family members and friends, you can find more information about classes by calling the American Heart Association at (877) 242-4277.

Continue reading " Near-Fatal Drowning Accident for 12 year old Boy " »

Finding toys that will entertain our children is difficult enough considering the particularities of each child. When the popular toys on the store shelves are deemed hazardous to the health of our children, it creates doubt in the integrity and safety of all toys. As parents as well as product liability attorneys, we are discriminating in the toys we select for our children and encourage all parents to examine the entire construction of toys for strength, durability, and potential hazards.

Popular toy manufacturer, Fisher-Price, is recalling over 10 million toys due to risks of injury (KPHO 9/30/10). The recall includes 7 million tricycles, 1 million high chairs, nearly 3 million play sets, and 100,000 small toy cars.

The tricycles have a key that sticks out near the seat that children may sit or fall on, possibly causing lower body injuries. So far, 10 reports of injuries have come in, including 6 children who needed medical attention.

The high chairs have pegs on the back to store the tray but when it is not in storage, children may fall on the pegs and cause injury. There have been 14 injuries reported, including 7 children who received stitches.

The play sets include several “Baby Playzone” toys, “Baby Gymnastics Play Wall” toys, “Ocean Wonders Kick & Crawl Aquarium” toys, “1-2-3 Tetherball” toys, and “Bat & Score Goal” toys. These toys have an inflatable ball with a valve that can come out and pose a chocking hazard. Over 50 faulty valves have been reported.

The toy cars are part of the “Little People Wheelies Stand ‘n Play Rampway.” The wheels may come off and cause a choking hazard.

For more information on the products included in this recall, you can visit Fisher Price’s website, www.service.mattel.com.

Continue reading " Over 10 Million Toys Recalled For Threat of Injury " »