January 2, 2009

Phoenix Motorcycle Accident Causes Death of Don Pender

Sometimes, Phoenix, AZ motorcycle accidents occur even when it appears that everybody involved was acting in a safe manner. The most recent terrible motorcycle crash that resulted in the death of a motorcyclist occurred when Don Pender, a 70 year old man, was killed after he somehow lost control of his motorcycle at South Mountain Park.

But we see motorcyclists killed throughout Arizona, whether it be on the streets of Tucson, Arizona, the city streets of Flagstaff, Arizona, or on the freeways from Yuma, Arizona to Phoenix, Arizona and beyond, we very often see drivers and motor vehicles striking motorcyclists without paying attention. Very often, the person driving the motorcycle and the person riding the motorcycle was not at fault but is the one who suffers the serious injury or, in the case like this, the loss of life. However, in this case there appears to have been no other motor vehicles, cars, or trucks, that were involved in the incident. It is difficult to know what caused Mr. Pender to lose his life.

We do applaud Mr. Pender and his passenger, by both reports both of whom were 70 or older, and wearing their helmets, not drinking alcohol, and going out for a ride with other motorcycle enthusiasts. South Mountain Park is normally a safe place to ride and it is unfortunate that this motorcycle accident in Phoenix occurred.

Whether or not there may be compensation available to Mr. Pender or his passenger is difficult to say without more information. However, this is a reminder of the importance of carrying every type of insurance that is available. For, in addition to the unspeakable emotional toll that this incident will undoubtedly take upon Mr. Pender's family, his passenger, and all others involved, there are also financial losses very often associated with these types of tragedies. Whether it be life insurance, underinsured motor insurance coverage, or other types of insurance, such as uninsured motorist coverage, motorcycle riders and passengers very often need the best protection possible to protect their loved ones in the case of this type of tragedy.

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December 31, 2008

Phoenix Auto Accident Leaves 51 Year Old Dead

The dangers to Arizona pedestrians, bicyclists, and motor scooter riders on our streets unfortunately rose up and took the life of an innocent 51-year-old man in Phoenix, Arizona. According to a story in the Arizona Republic, Jeffrey Gilliland was apparently northbound on 31st Avenue when a vehicle turned left in front of him. Gilliland collided with the vehicle and died as the result of injuries suffered in the Phoenix auto accident.

People turning left and causing auto accidents in Phoenix, Arizona and throughout the entire State of Arizona happens so often and it is preventable in almost every case. In particular, people turning left in front of others has reached near epidemic proportions and taken the lives of innocent bicyclists, motor scooter riders, and pedestrians valley wide, ranging from Peoria, Arizona to Mesa, Arizona, from Tempe, Arizona, all the way to Avondale, Arizona, and everywhere in between.

Arizona law prohibits vehicles from making left-hand turns in front of other people and causing accidents. ARS 12-772 prohibits turning left at an intersection when a vehicle that is approaching is close enough to constitute an immediate hazard. Unfortunately for Mr. Gilliland, he was killed in this Phoenix, Arizona traffic accident because somebody thought they could turn quickly enough to avoid the accident, or did not pay enough attention to see him. To make matters worse, whoever caused this accident fled the scene.

Often times, when these kinds of tragedies occur the family is left in a terrible situation financially. Now, the financial situation is usually not the biggest loss or even close to it. However, in this time of tragedy, there may be all kinds of expenses that are incurred, not to mention the terrible loss of income in many cases. While we do not know the specifics in this case, we do know that not only will the police do everything they can to try to track down this hit and run driver, but a good Arizona personal injury lawyer can help somebody who’s been hurt following a hit and run. In this case, when somebody has been killed in a hit and run accident in Phoenix, Arizona, a personal injury lawyer may still be able to obtain compensation for the family. Is this the first priority? Of course not. However, it can be a very important consideration and in certain cases there are ways to actually help this family deal with the financial blow that comes with this unspeakable loss.

December 28, 2008

Arizona Motorcycle Accident Results In Officers Being Injured

Under the category of “no good deed goes unpunished” a recent story in The Arizona Republic details the tale of Officers Pete Torres and Ricky Alvarado, from the City of Maricopa, Arizona, who are police officers that were participating in a toy run during the holiday season. Along with about 400 other motorcycle drivers – many of which where also apparently police officers doing a good deed bringing toys on a 60 mile roundtrip from Chandler, Arizona to Maricopa, Arizona they were involved in an Arizona motorcycle accident when another biker cut in front of them.

This type of accident raises the discussion of what is often referred to as the “firefighter’s rule” or the “fireman’s rule” which bars police officers from being compensated for their injuries.

Now, in this case there would be a strong argument that Officer Alvarado and Officer Torres do have the right to seek compensation beyond just the workers’ compensation they are probably already receiving.

The firefighter’s rule is an archaic rule that literally dates back to English common law that has evolved throughout the history of the United States to prevent police officers and firefighters hurt while in the line of duty from receiving compensation for injuries they receive while performing tasks in the line of duty. Now, in Arizona police officers have the right to file lawsuits even if they were hurt in the line of duty if their injuries were not the direct result of an incident that they were required to attend as part of their job duties. Until recently, personal injury claims in Arizona involving police officers have always had to contend with a rule that would prevent them from recovering damages. Unfortunately, the Arizona Supreme Court recently agreed that police officers are limited by the firefighter’s rule, even though many states throughout the country are starting to eliminate this rule.

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December 3, 2008

Yuma Motorcycle Accident Kills Man

Yuma police officials have decided not to file criminal charges in an October 28, 2008 Yuma motorcycle accident, which killed 55-year-old Rodney Duran. According to an article in the Yuma Sun, the accident occurred at the intersection of 16th Street and Avenue B. Duran was riding his Harley-Davidson northbound on Avenue B when 45-year-old Deanna Leinenger who was going south on Avenue B made a left turn on to 16th Street. Duran was pronounced dead at the scene.

Motorcycle accidents, especially motorcycle rider fatalities, have been steadily increasing over the last 10 years. According to the National Highway Traffic Safety Administration (NHTSA), since 1997, motorcycle accident deaths have increased by 89 percent – from 2,116 in 1997 to 4,008 in 2004. The latest 2004 statistics also show that motorcycle rider fatalities have increased for the seventh year in a row. Department of Transportation data also show an increase in motorcycle deaths in the age group of 40 and above in the last 10 years.

It appears that Leinenger was at fault for this car versus motorcycle accident. Although police say she was not under the influence of drugs and/or alcohol, her negligent driving may have caused this accident and fatal injuries. It is very important that the family of Rodney Duran consult an expert Arizona motorcycle accident attorney, who will help investigate this tragic accident and determine who should be held responsible for it.

If you have been seriously injured in an Arizona motorcycle accident, please call the Breyer Law Offices for a free consultation. Like any other auto accident, the accident scene and crashed vehicle must be carefully examined for any and all evidence. Please call us without delay so we can get started on filing your claim and getting you the compensation you are entitled to.