Recent Blog Posts in July 2009

When I went to Germany last year I saw my first SMART car, a car which is approximately half the size of the average vehicle seen in the United States.  I couldn’t help but pose for a picture next to this yellow and black “tiny” car.  One of the first things I noticed while visiting Germany is there really are no big vehicles on the road.  It was almost impossible for my family to rent a mini van because they are so limited and the garbage trucks are just about the largest truck around.  It is hard to find an SUV or truck anywhere.  So, maybe it would be ok to drive a SMART car in Europe because if you get in a car accident you most likely won’t be up against a huge SUV or lifted truck.

To my surprise at the beginning of 2009 I saw someone driving the SMART car here in Arizona. Is this SMART?  I rationalized it in Europe, but not sure about how it would hold up in the United States.  I couldn’t help but think of the serious injuries the SMART car driver would receive if they got in an accident with a semi truck.  I did some research and found the SMART car dimensions are:

8.8 Feet long (you can fit two SMART cars in an average parking space)
5.1 Feet tall (has as much headroom as most luxury vehicles)
5.1 Feet wide (it’s as wide as it is tall!)

SMART car representatives defend the car by saying, “The car’s body is designed to keep the occupant space intact while everything else, from the bumpers to the engine bay, absorbs the impact. Standard front- and side-impact airbags, as well as antilock brakes and an electronic stability system, are there to provide additional safety”. “The car’s small size could also help it avoid crashes altogether”, Smart USA president Dave Schembri said. He pointed to the car’s agility: “Maybe small could even be safer.”

Rader, one of the SMART cars critics states, “The bottom line is, you can’t repeal the laws of physics, you can have all the airbags and all the safety features that currently exist, but you can never make a small car as safe as a bigger, heavier one.”
The SMART car is becoming more common, and although it is small, it is easy to spot on the road.  They range in price from $11,990 to $20,990 and their top speed is 90 mph.  This little car gets 33 city/41 highway mpg according to 2009 EPA standards. And passes all required car crash safety regulations.
Is the SMART car smart?  Let’s just say I’d rather be driving in a big car!
Video of SMART car crash test: www.youtube.com/watch?v=ju6t-yyoU8s
www.PhillipsAndLyon.com

Sites:
http://blogs.cars.com/kickingtires/2007/01/more_on_smart_c.html
http://www.smartusa.com/smart-car-faq.aspx

Aggressive Driving vs. Moderate Driving
Result: Major savings potential
Facts: Up to 37% savings, average of 31%
Recommendation: Stop driving like a maniac!

Use Cruise Control
Result: Surprisingly effective way to save gas
Facts: Up to 14% savings, average of 7%
Recommendation: If you’ve got it, use it

Check Your Tire Pressure
Result: Important for Safety, no impact on gas
Facts: No measurable difference
Recommendation: Check your pressure for Safety
   *All tests conducted by Edmunds. www.Edmunds.com
 
Lower Speeds Saves Gas
Result: Substantial savings on a long trip
Facts: Up to 14% savings, average of 12%
Recommendation: Drive the speed limit

A/C On, Windows Up vs. A/C off, Windows Down
Result: Nice in theory, not true in practice
Fact: No measurable difference
Recommendation: Please, make yourself comfortable

Avoid Excessive Idling
Result: Very Important
Facts: Save 19% if car not idling longer than 1 minute
Recommendation: Shut ‘er down

“Although it is not uncommon to encounter bicycles while driving, many drivers give little thought to them beyond treating them as an annoyance. A bicyclist is extremely vulnerable to injury when struck by a car. It is important for cars and bicycles to respect each others’ presence on the road, and to follow the rules of the road so as to avoid accidents.

Dangerous Conduct by Cars

While any act of driver negligence can result in an accident between a bicycle and a car, it seems that the following acts are of particular concern:

Dangerous Turning: When a bicycle is present at an intersection, drivers will often try to impatiently turn in front of the cyclist. For a left-hand turn, this can cut off the bicyclist’s path and create a substantial risk of injury. For a right-hand turn, the bicyclist may be knocked over, or collide with the side of the turning vehicle. Give a bicyclist with right-of-way the time to clear the intersection before attempting a turn.

Dangerous Passing: Sometimes a driver won’t give a bicycle enough space while passing, either forcing the bicyclist off of the road, or potentially striking the cyclist with the side of the car or the side-view mirror.

Disregard of Bike Paths: When there is a bicycle path along a roadway, whether on the shoulder of the road or on the sidewalk, drivers should take note of the presence of the bike path. Where drivers fail to respect the presence of a bike path, driveways and intersections become points of particular danger, as a bicyclist with the right-of-way may be cut off or struck by a driver who isn’t even watching for their presence.

Opening Car Doors: Sometimes after parking a car, a motorist will open the door into the path of an oncoming bicyclist. These accidents can be particularly dangerous to cyclists, as they are often propelled over the car door. Pay attention to the presence of bicycles before opening your car door.

Overestimating Bicyclists’ Braking Ability: While bicycle brakes have improved in recent years, they are nowhere near as effective as car brakes. Also, sudden braking can cause a bicyclist to be carried over the handlebars of the bicycle by his own momentum. Do not assume that a bicycle is capable of a sudden stop.

Underestimating Bicycle Speed: Drivers are not used to estimating the speed of bicycles, whether they are approaching from the front or rear, and may underestimate the ability of the bicyclist to catch up with them or pass them. Thus, even knowing a bicyclist is on the road, sometimes a driver will make a turn or open a car door without giving sufficient regard to the bicyclist’s speed, causing an accident.

Dangerous Conduct by Bicyclists

Sometimes bicyclists argue that the rules of the road are designed for cars, and shouldn’t always apply to bicycles.

Ignoring Traffic Signals - It can add a lot of effort to a bike trip to come to a full stop at an obviously empty intersection, and some bicyclists are notorious for disregarding stop signs and red lights.

Passing A Line Of Stopped Cars - If you’re approaching a busy intersection, with a number of cars lined up at a light or stop sign, it can be very tempting to pass the cars on the right. This can create a significant risk of accident as the cyclist reaches the intersection, where the frontmost car makes an unexpected right turn as they attempt to pass. It is important for cyclists to pay attention to turn signals, and to take particular care that it is safe to pass a car before attempting to sneak past it on the right.

Riding At An Unsafe Speed - It can be exhilarating to reach maximum speed while going downhill, and sometimes it is refreshing to bicycle on a straight road at the maximum possible speed. But bicyclists should attempt maintain sufficient control of their bicycles such that they will be able to come to a controlled stop in the event of an emergency, and should take care that their speed is not excessive for the number of intersections in the roadway or the condition of the road. If there are roadside hazards which could cause you to lose control of your bicycle, such as poorly designed sewer grates or roadside debris, take care that you won’t end up accidentally veering into traffic. Recall also that speed limits apply to bicycles as well as to cars.

Maintain Your Bicycle - Make sure that your brake pads are clean and not unduly worn. Make sure that your handebars and wheels are tightly secured. Check your chain and derailleurs to try to ensure that your chain won’t come off at an inopportune moment while you are riding. And otherwise check and maintain your bicycle to ensure its safety and reliability.

Poor Design of Bike Paths

The poor design of bike paths, or designation of sidewalks as “bike paths”, can contribute to accidents between cars and bicycles (or bicycles and pedestrians). Both bicyclists and drivers need to exercise additional caution when a bike path along a roadway is frequently crossed by driveways, or where a bike path on the shoulder of a roadway crosses sewer grates or is littered with debris. Drivers should exercise particular care when turning at intersections involving sidewalk bike paths, and bicyclists may have the right of way, but may be approaching out of the driver’s blind spot at a high rate of speed. Bicyclists should not assume that drivers will see them or will necessarily follow the rules of the road - and when in doubt, should attempt to make eye contact with a driver before passing or cutting in front of them at a potential point of danger.

Children and Bicycles

The risk of negligent or even reckless conduct by a bicyclist increases enormously when the bicyclist at issue is a child. Children don’t always appreciate the risks associated with their bike riding conduct, nor do they necessarily understand either the rules of the road or the manner in which a two thousand pound vehicle can injure them in a collision. Children are also more likely to be showboating for their friends, riding without hands, or engaged in similar bicycling conduct which increases the risk of accident. Drivers should exercise particular caution when driving in the vicinity of children on bicycles.

The Importance of Helmets

A significant majority of permanent injuries which result from bicycle accidents are head injuries. The use of a bicycle helmet significantly reduces the risk of head injury from a bicycle accident. Modern bicycle helmets tend to be light and adequately ventilated. Helmet hair is a small price to pay to avoid a potential brain injury.”

If you or a loved one suffers from severe injuries or death from a car or bicycle accident, the Phoenix personal injury lawyers of Phillips and Lyon will help you get the money you deserve. Contact us now.

Posted By: Phoenix Accident Lawyers, Phillips and Lyon

Identifying the Driver

A successful hit-and-run driver escapes the accident scene without being identified. When this occurs, it can be very difficult to later identify the driver or the car involved in the collision.

Difficulty Recovering Damages

People injured in a hit-and-run collision often end up recovering for their injuries through appropriate provisions of their own auto insurance policies.”

If you or a loved one suffers from severe injuries or death from a hit and run accident, the Phoenix personal injury lawyers of Phillips and Lyon will help you get the money you deserve. Contact us now.

Posted By: Phoenix Accident Lawyers, Phillips and Lyon

Know where your children are at all times

·         Use an approved barrier to separate the pool from the house
·         Never allow children to be alone near a pool or any water source
·         Have life-saving devices near the pool, such as a pole/hook, or flotation device ·         Keep large objects such as tables, chairs, toys, and ladders away from pool fences
·         Post the 9-1-1 number on the phone
·         Do not allow children to play around the pool and store all toys outside the pool area
·         If you leave the pool area, take the children with you
·         Always have a “designated child watcher”
·         Learn to swim
·         Never swim alone, or while under the influence of alcohol or medications
·         Never swim when thunder or lightning is present
·         Never dive into unfamiliar or shallow bodies of water
 

 CPR (CARDIO PULMONARY RESUSCITATION) TRAINING

·  United Phoenix Firefighters: 602-277-1500
·  American Heart Association: 1-877-242-4277
·  Red Cross: 602-336-6490

Gary R. Phillips

Senior Attorney

Negligence/ Personal Injury: 2 years

Wrongful Death: 2 years

Product Liability: 2 years

Dog Bite: 1 year

http://www.expertlaw.com/library/limitations_by_state/Arizona.html

According to the Centers for Disease Control and Prevention and the American Veterinary Medical Association:

• Every 40 seconds someone in the United States seeks medical attention for a dog bite-related injury.
• Dog attacks cause 4.5 million injuries annually, 800,000 of which require medical attention.
• At least 25 different breeds of dogs have been involved in the 238 dog bite-related fatalities in the United States.
• Pit bulls and rottweilers account for over half of these deaths.
• 24% of human deaths involve unrestrained dogs off of their owners’ property.
• 58% of human deaths involved unrestrained dogs on their owners’ property.

Dogs can be a danger to children! What parents should know.

• Children under 15 years of age are the most common victims, making up approximately 70% of all dog bite victims.
• Dog bites are a greater health problem for children than measles, mumps, and whooping cough combined.
• Young boys between the ages of five and nine are the most frequent victims.

Breed-specific legislation

These alarming statistics have caused many communities across the country to enact breed-specific legislation that prohibits people from owning some breeds of dogs, such as pit bulls. American Humane understands that any breed of dog can bite, and as such, believes that breed-specific legislation does not effectively protect the community from dangerous animals. Legislation banning particular breeds can unnecessarily discriminate against dogs that are not dangerous, and does little to protect the community from dog bite incidents. Such legislation can often have unintended consequences, such as black market interest, indiscriminant breeding practices, and subsequent overpopulation issues. Additionally, there can be confusion when dealing with “mixed-breed” dogs, which can make legislation difficult to enforce. Therefore, American Humane supports local legislation to protect communities from dangerous animals, but does not advocate laws that target specific breeds of dogs.

The pit bull is a type of dog bred for fighting, not a specific breed. Responsibly bred and owned, the American Staffordshire Terrier and the Staffordshire Bull Terrier — often referred to as pit bulls — are not fighting dogs.

Avoid being bitten

There are steps individuals can take to protect themselves against being bitten by a dog.

• Never approach a dog you don’t know or a dog that is alone without its owner, especially if the dog is behind a fence, tied with a rope or chain, or in a parked car.
• Never approach a dog that is eating, sleeping, or guarding something. Dogs naturally guard their babies, food, bones, and toys.
• Never chase or tease dogs. Don’t poke, hit, pull, or pinch a dog.
• Never approach a dog (or any animal) that is injured.
• Always ask the owner’s permission before petting a dog.
• NEVER leave a baby or small child alone with a dog.
• When approached by a strange dog:
  • Do not run away. Dogs have a natural instinct to chase and catch things.
  • Do not make eye contact with the dog.
  • Stand very still like a statue with your arms at your sides, or back away slowly and quietly.
  • In a loud, commanding voice, tell the dog to “go away.”
• If you are attacked, give the dog an object, such as a jacket or backpack to bite or chew on.
• If you fall or are knocked to the ground:
  • Curl into a ball.
  • Protect your face by covering your head and neck.
  • Put your hands over your ears.

Prevent dog attacks: What can pet owners do? 

• Choose your dog carefully. Select a breed or type of dog that is appropriate for your family and home.
• Socialize your dog. Be sure your dog interacts with all members of the family, as well as people outside the family and with other animals.
• License your dog, obey leash laws, and take care to properly fence yards. Dogs that are allowed to roam loose outside the yard expand their “territory,” and will often defend it aggressively.
• Neuter your dog. Neutering reduces aggression, especially in males. Un-neutered dogs are more than 2.6 times more likely to bite than neutered dogs.
• Train your dog. Basic obedience training is as important for the owner as it is for the dog.
• Maintain your dog’s health. Not only is it the right thing for the dog, but it also reduces bite responses caused by pain or irritability.
• Be sure your dog is vaccinated for rabies and other diseases.
• Provide your dog with adequate food, shelter, exercise, and affection. Tethering or chaining dogs makes them feel vulnerable and increases their aggression.
Don’t play aggressive games with your dog.

In addition to road and weather conditions, there are many contributors to motor vehicle accidents that stem from poor driving skills.  Below are some behaviors you want to avoid while driving: 

“Dangerous Passing: Attempting to pass another vehicle on the shoulder, in a “no passing zone”, where the line of vision of oncoming cars is obstructed, where oncoming traffic is dangerously close, or similar passing conduct will often contribute to car accidents.

Dangerous Turning: Attempting to turn from the wrong lane, or suddenly slowing or stopping in a traffic lane upon realizing that you are about to pass a desired intersection or exit ramp, can be extremely dangerous to other drivers.

Driving on the Wrong Side of the Road: Although sometimes it is tempting to do so in order to pass stopped traffic, and sometimes people accidentally turn the wrong way on a one-way road, it goes without saying that driving in an oncoming traffic lane can be extremely dangerous.

Reading While Driving: Attempting to read instructions, road maps, or other materials while driving a car.

Use of Electronic Devices: Attempting to change a tape or CD, dial a cellular phone, use an inappropriate entertainment device (such as trying to watch a DVD while driving), or other similar act can distract a driver from the road and increase the chance of an accident.

Vehicle Lights: The failure to properly use turn signals, the failure to properly maintain headlights, brake lights, and signal lights, the failure to illuminate headlights.

Road Rage: There is no question but that road rage contributes to car accidents. This happens both through intentionally dangerous driving acts, such as braking suddenly in front of another car, pulling up right on another driver’s bumper or even trying to tap the other driver’s bumper, and also through the fact that angry drivers are more likely to make mistakes in their driving conduct. Worse, as road rage incidents often occur on highways and freeways, the accidents that result can be extremely serious, and can involve additional vehicles. If you are being victimized by an angry driver, try to find a way to remove yourself from the situation - slow down or take an exit. If the angry driver pursues you, try to pull into the parking lot of a police station or a busy business. If you are considering engaging in acts of road rage, you should also remove yourself from the situation, if necessary pulling over until you have calmed down. ”

If you or a loved one suffers from severe injuries or death caused by unsafe driving, the Phoenix personal injury lawyers of Phillips and Lyon will help you get the money you deserve. Contact us now.

As there are many forms of transportation, there are many forms of accidents.  Whether you are traveling by foot, bike, car, truck or motorcycle you are at risk of suffering a personal injury.  The Arizona personal injury attorneys at Phillips and Lyon want you to be aware of various types of accidents in addition to factors that may influence the outcome of a personal injury claim.   

“Hit-and-Run Accidents: Where the driver who causes an accident fails to stop at the accident scene, it may be difficult for the victim of the accident to later identify the at-fault driver so as to bring a lawsuit.

Car-Pedestrian Accidents: Where a motor vehicle collides with a pedestrian, the pedestrian will often suffer catastrophic injury. Pedestrians often have difficulty making claims against drivers, with accidents frequently attributed to the conduct of the pedestrian.

Car-Motorcycle Accidents: Motorcycle drivers are susceptible to serious injury, even in collisions which would be relatively minor had they occurred between cars. Some suggest that motorcyclists suffer from a predisposition by juries to blame them for causing an accident, even where the driver of a car was clearly negligent.

Car-Bicycle Accidents: Bicyclists are vulnerable to serious injury when hit by cars, and are aslo susceptible to having drivers open car doors in front of them - a hazard which can cause them to be caterpaulted over the car door in a collision. Drivers often report that they did not see the bicyclist until after the collision, or that they misjudged the bicyclist’s speed. Some bicyclists engage in very hazardous actions, such as ignoring traffic signals or riding on the wrong side of the road, making an accident much more likely. The most severe and lasting injuries to bicyclists tend to be head injuries, so helmet use is encouraged.

Bus Accidents: Bus accidents can be quite serious, given the size and mass of a typical bus, and the fact that passengers are usually unrestrained. Special issues can arise in accidents involving school buses, and in the context of loading and unloading passengers.

Semi Truck / Tractor-Trailer Accidents: The drivers of “big rigs” are subject to state and federal regulation, governing how many hours a day they can drive, how much sleep they are to get each night, and the condition and maintenance of their trucks. Drivers typically get paid by the mile driven, and thus have a strong incentive to ignore rules which limit their driving time. Obviously, when a semi truck causes an accident, the consequences to any smaller vehicle and its passengers can be devastating.

After-Market Vehicle Modifications: Where a vehicle has after-market modifications, such as being raised or lowered, having powerful or tinted headlights or fog lights installed, or window tinting, those modifications may affect both the safety of the vehicle for its occupants and the hazard posed by the vehicle to other drivers.

Accidents Caused by Road Debris: Where road debris causes an accident, whether in the form of objects or parts which have fallen off of vehicles, or debris that is kicked up from the roadway and collides with another vehicle, it can often be difficult to determine who was at fault for the presence of the debris on the road. States may also limit liability based upon how long the debris was on the road. ” 

If you have or a loved one has suffered a personal injury, please contact the AZ accident lawyers at Phillips and Lyon.

Posted by: Phillips and Lyon

Aaron Larson, “Car Accident Lawsuits.” Weblog, http://www.expertlaw.com/library/car-accidents/