Recent Posts in Personal Injury Category

The Giants say the third-round draft pick from LSU was scheduled to be released from the Hospital for Special Surgery in Manhattan on Tuesday morning to return to home.

Jones was transferred to the hospital after suffering serious injuries to his left leg and ankle in an early morning car accident in New Orleans.

Jones has undergone several surgeries both in New Orleans and New York since the accident. He plans to rest and recuperate in New Orleans before returning to New York in several weeks and undergoing further surgery.

http://www.azfamily.com/sports/national/99316439.html

3TV"s Ryan O'Donnell was a few cars back when the semi-truck caught fire on the northbound lanes of the I-17 near Table Mesa Road and was able to snap some up close photos of the blaze.

The scene of the accident is just a couple miles north of New River.

Traffic was taken off the I-17 at the New River exit while crews worked to extinguish the blaze for a couple of hours just after 12:00 p.m.

The Department of Public Safety re-opened both lanes of traffic around 4:15 p.m.

The Brooklyn district attorney's office says Officer Louis Ramos was charged Tuesday with assault, reckless driving and leaving the scene of an accident.

According to a criminal complaint, Ramos hit the cyclist June 14. The complaint says Ramos got out of the car, pulled the cyclist to the curb, handed him a tissue and then drove off without reporting it or calling an ambulance.

The accident was captured on surveillance cameras.

Ramos has pleaded not guilty. He has been suspended without pay. The Patrolmen's Benevolent Association declined to comment.

The cyclist was treated for cuts, bruises and a fractured wrist.

Read the article

36-year-old Eric Smith was using a metal tube to shoot mortars (okay, not a great idea) when one exploded out of the tube and took off his left arm. Doctors are trying to reattach the arm and Smith is in stable condition.

Last year two people died, and 9,000 were injured in fireworks related accidents. Of those, 6,000 injures took place in the 30 days surrounding the 4th of July holiday.

Most cities have ordinances preventing any kind of fireworks, so the best idea is to enjoy a municipal fireworks show. Check your local paper to see where you can see the sparks tonight.

But if you insist on lighting up your own, please be safe today so you and your family can enjoy the holiday without incident.

CNN has a list of safety precautions when celebrating with fire:

Never have any portion of your body directly over a fireworks device when lighting the fuse. Move back to a safe distance immediately after lighting.

Never try to re-light or pick up fireworks that have not fully functioned. Keep a bucket of water or a garden hose handy in case of fire or other mishap.

Light one item at a time, and then move back quickly.

Never carry fireworks in a pocket or shoot them off in metal or glass containers.

Have a safe and happy 4th of July!

According to American Automobile Association (AAA) “more residents in mountain states will hit the road this Independence Day weekend than last year”.

In Corpus Christi, the driver of the car was talking on a hand-held cell phone. She ran a stop light and hit a cyclist. The cyclist was seriously injured and had to be taken to the local hospital.

http://www.youtube.com/watch?v=XUzQAmWKOw8&NR=1

An event that she says has filled her with guilt her whole life, former First Lady Laura Bush reflects with Oprah Winfrey about the November 1963 car crash in Midland, Texas, that killed her high school friend.

Mrs. Bush opens up about the accident, saying it occurred when she was rushing to a drive-in movie and ran a stop sign, hitting the car of her school's star athlete, Mike Douglas. Douglas passed away following the collision.

The former first lady tells Oprah that the accident was never talked about and that she never spoke with the Douglas family again. "I wanted to go to the funeral but I could tell my parents didn't want me to go," Mrs. Bush disclosed. "I felt guilty for my whole life."

She continued, "You can move on ... but you can never forget."

Mrs. Bush's memoir Spoken from the Heart is out on bookshelves today.
http://www.etonline.com/news/2010/05/86735/index.html

The experienced attorneys at Phillips and Lyon works on a contingent fee system.  What that means is that we have no up front costs to you and we don't get paid unless you get a settlement.  No Recovery, No Fee...No Exceptions!  This is very helpful to most clients because most people can no afford to pay out money to an attorney especially after they have suffered financial hardship from an accident with deductibles, lost time from work, etc.  because most  

Phillips and Lyon will represent you with experience and excellence!  We have a special internet fee of 25% which is only paid if you receive a settlement and is much lower then most other firms in the Valley.  We will also help you find a doctor who will take a lien.  What does this mean?  A doctor who will treat you but not expect any payment until you receive your settlement.  We have a great relationship with a lot of doctors who will accept a lien because they trust our firm will obtain a settlement and pay them at the end.  This is a great alternative to expensive deductibles and hounding invoices from the doctor's offices.  You can focus on getting better, not how much money you have to pay out!

Call us if you have been injured in an auto accident and have severe injuries.  We are available 24/7 at 1-800-272-5297.

What is a gap in treatment and why is it a big deal?  Once you start treatment, the insurance company wants to see a regular treatment schedule. Their theory is if you are injured and hurting, you will go to the doctor regularly. Unfortunately, things come up which cause clients to miss their scheduled appointments.

When you miss a doctor's appointmnent it is considered a gap.  For example, if you were scheduled to go to the chiropractor on Monday but you were sick and weren't able to reschedule until the following Wednesday, it is considered a 1 week gap.   If you were scheduled to go to the doctor on March 1st, didn't make the appointmnet and didn't reschedule (for whatever reason) until April 1st it is considered a 1 month gap.  If the doctor tells you to follow up in 1 month then there is NO gap because you are following doctor's orders. 

In reality life happens, you get sick, your kids get sick, you have to stay late at work, etc.   A gap of a week or two will not effect your case and can usually be explained but if there is a gap of a month your case value may be compromised. Make sure you can explain any gaps in treatment, preferably with documentation about why you missed the visits.  If possible tell the doctor why you missed the

Often, a patient’s chief complaint in the emergency room isn’t about the illness or injury – it’s about the time it takes to be seen and treated. The new goal of many hospitals in the Phoenix area is to treat the patients as quickly as possible so you can get back to your life – faster.

Press Ganey, a leading national provider of patient satisfaction data, released in its 2008 Emergency Department Pulse Report showing the average total time spent by patients in U.S. emergency rooms is now 4 hours and 5 minutes. Arizona ranked 48th in the nation with an even longer average length of stay of 5 hours, 35 minutes.

Scottsdale Healthcare, Mountain Vista Medical Center, St. Luke’s Medical Center and Tempe St. Luke’s Medical Center have on average the quickest ER wait times– which means the time you enter the ER until the time you leave – it’s nearly 3 hours faster than the state average (Approx. 2 hours).

Scottsdale Healthcare has started to post emergency room wait times on its Web site.
Times posted on www.shc.org represent the time it takes to get a patient from the ER’s front desk to an exam room at Scottsdale Healthcare Osborn, Scottsdale Healthcare Shea and Scottsdale Healthcare Thompson Peak. Wait times are updated every 10 minutes.
The reason their wait times are quicker are because they have bedside registration, fast track care for less serious illnesses and injuries, electronic medical records and computerized patient tracking systems, all three hospitals are committed to providing the prompt care patients expect in a medical emergency with professional service.

High quality care. Advanced technology. Friendly, caring environment. You can have faster and better emergency care.

http://phoenix.bizjournals.com/phoenix/stories/2008/04/14/daily31.html
http://digg.com/health/Real_Time_Hospital_ER_Wait_Times_Phoenix_Arizona

Phoenix drivers have a reputation for aggressive driving and high speeds, and Phoenix highways never seem to be without crashes on any given day. So how did Phoenix, Arizona do in a study of cities and traffic accidents?

Recently, Allstate Insurance researchers analyzed internal data to determine the likelihood that drivers would be involved in a vehicle collision. They looked at those cities in the U.S. with at least 100,000 in population–the largest 196 cities. To create the report entitled, “Allstate America’s Best Drivers Report,” they took property damage claims over a two-year period (from January, 2002 to December, 2003) and used a weighted average of the two-year numbers to determine the annual percentages. The report defines an auto crash as any collision resulting in property damage.

Nationally, the average driver can expect to experience an auto crash with property damage once in every ten years. In Cedar Rapids, though, the average is only once in every 15 years, making that city the safest of all cities of more than 100,000 population.

Here are the top 10, nationally:

1. Cedar Rapids, Iowa
2. Sioux Falls, South Dakota
3. Chattanooga, Tennessee
4. Huntsville, Alabama
5. Knoxville, Tennessee
6. Des Moines, Iowa
7. Topeka, Kansas
8. Lakewood, Colorado
9. Fort Collins, Colorado
10. Birmingham, Alabama

Clearly, those of us who live in bigger cities face bigger risks. In the category of big cities–those with a million or more people–Phoenix, Arizona was the top ranked city in the country, mirroring the national average of a collision once every ten years.

Here are the top 10 cities over 1 million in population:
(the number represents the national ranking)

64. Phoenix
111. San Diego
121. Houston
167. San Antonio
169. New York City
173. Chicago
177. Los Angeles
180. Dallas
182. Philadelphia

Tucson, Arizona also did very well, ranked 53rd overall in the study, and 6th among cities with populations between 500,000 and one million residents. The average driver in Tucson has an accident once in very 10.3 years.

We have heard that most accidents occur close to home, and Allstate says that’s still true: the majority of crashes occurring within five miles of the home. That’s logical to me; I would think that that’s where most people drive! How cities rank are affected by many factors, like demographics, commuting patterns, and city design, traffic engineering, and strong law enforcement initiatives.

http://phoenix.about.com/od/car/a/accidents.htm

The most recent official survey determined there were 4.7 million dog bite victims annually in the USA. Another study showed that 1,000 Americans per day are treated in emergency rooms as a result of dog bites. In 2007 there were 33 fatal dog attacks in the USA. Most of the victims who receive medical attention are children, half of whom are bitten in the face. Dog bite losses exceed $1 billion per year, with over $300 million paid by homeowners insurance.

Merritt Clifton, editor of Animal People, has conducted an unusually detailed study of dog bites from 1982 to the present. The Clifton study show the number of serious canine-inflicted injuries by breed.

According to the Clifton study, pit bulls, Rottweilers, Presa Canarios and their mixes are responsible for 74% of attacks that were included in the study, 68% of the attacks upon children, 82% of the attacks upon adults, 65% of the deaths, and 68% of the maimings. In more than two-thirds of the cases included in the study, the life-threatening or fatal attack was apparently the first known dangerous behavior by the animal in question.

As it investigates recent incidents of swine influenza in humans, the U.S. Centers for Disease Control and Prevention is stressing prevention.
The agency has posted several Web pages dealing with swine flu, including a list of what you can do to forestall this — or any — infectious disease.
The CDC recommends taking these everyday precautions:
• Avoid contact with people if you, or they, are sick.
• Stay at home — from work, school or other public activities — when you are ill.
• Shield others from your coughs and sneezes by using a tissue.
• Wash your hands often.
• Keep your hands away from your eyes, nose or mouth.
• Maintain healthful habits — get ample sleep and exercise, drink fluids, eat well.
Currently, there’s no vaccine for humans that prevents swine flu, though scientists are working on one. But there is a vaccine for some forms of swine flu in pigs.
Which suggests one more precaution particular to this outbreak: Avoid unnecessary contact with live pigs. (It’s safe to eat pork, but not pet a pig.) But that alone may not roadblock the spread of swine flu this time around. In pigs, this virus causes a respiratory illness that’s highly contagious, but usually not fatal.
As seen with bird flu, people coming into contact with infected animals occasionally become sick themselves — but the virus usually stops there. Rarely have humans infected other humans with bird flu — or swine flu. With the current swine flu outbreak, the swine flu virus has transformed, appearing to increase its ability to spread between humans.
“We’ve seen swine influenza in humans over the past several years, and in most cases, it’s come from direct pig contact. This seems to be different,” Arnold Monto, a flu researcher with the University of Michigan, told the Associated Press. “I think we need to be careful and not apprehensive, but certainly paying attention to new developments as they proceed.”
At this point, the CDC and other government organizations are focusing on getting the message out to individuals about how to respond to the threat of influenza. Public health officials are monitoring the various cases and conducting epidemiological research on the virus.
“If the outbreak turns into a full blown epidemic,” says Andrew Pekosz, an associate professor at the Bloomberg School of Health at Johns Hopkins University, “the government will have the right to place limitations on travel and gatherings of groups of individuals.” Schools may be closed or sporting events canceled, Pekosz says, and officials will implement quarantine procedures for hotspots of cases and begin distribution of antiviral drugs.
All these steps, Pekosz says, are necessary “to limit the epidemic and slow virus spread.”
Jeanne Matthews, an assistant professor at the Georgetown University School of Nursing and Health Studies, says health officials are “so dependent on whether it appears that community containment might halt person to person contact. This is a new strain. I don’t think we know enough about this flu to have a sense of when that should be.”

http://www.npr.org/templates/story/story.php?storyId=103523454

Since 1980, a group of mothers got together to form a group to help prevent drunk driving. The name of the organization is “Mother’s Against Drunk Driving” or “MADD” for short. “The mission of Mothers Against Drunk Driving is to stop drunk driving, support the victims of this violent crime and prevent underage drinking.”

MADD is very pleased that due to their hard work and continuous effort to make people more aware of the true dangers of drunk driving, new fatality data from the U.S. Department of Transportation (DOT) shows that drunk driving fatalities declined 9.7% ; 11,773 in 2008 and 13,041 deaths in 2007. According to DOT, “the number of overall traffic fatalities reported in 2008 hit their lowest level since 1961.”  The numbers for 2009 show a continued decrease so far.

Arizona and New Mexico lead the nation in reductions of  drunk driving fatality with 20% less in Arizona and 21% drop in New Mexico.  Both states require all drunk driving offenders to install an ignition interlock in their car which is believed to be the reason for the decline.  The state-by-state fatality numbers are available at

http://www-nrd.nhtsa.dot.gov/Pubs/811172.pdf.

http://www.madd.org/

During labor and delivery, medical complications can result in birth injuries. Doctors and health care professionals must exercise the utmost care to avoid injury to babies during the especially vulnerable times of labor induction, Cesarean section, and mechanically assisted (forceps) births. Babies who experience severe oxygen deprivation to the brain, or head trauma, during these delicate obstetrical procedures often die or face lifelong disabilities. Approximately 10,000 babies each year develop Cerebral palsy (a condition which impacts the ability to control movement) as a result of oxygen deprivation. Oxygen shortage also causes brain damage. Other types of traumatic obstetric birth injuries include prenatal asphyxia, Erbs Palsy or Brachial Plexus Palsy, Klumpke’s Palsy, Torticollis, and Shoulder Dystocia. Fractures, spinal cord trauma, cephalohematoma and intracranial hemorrhage may be the result of preventable obstetrical damage. Common errors for which medical providers may be held responsible are as follows: 

• Difficult or prolonged labor (often due to a large baby);
• Failing to detect the umbilical cord wrapped around a baby’s neck;
• Unreasonable delay in performing an emergency Cesarean section;
• Failure to test and treat conditions during pregnancy, or misdiagnosis
• Failing to recognize negative fetal signs

Approximately 27 of every 1,000 births in the United States results in a birth injury. A “birth injury” is defined as any type of damage to an infant’s body before, during or just after birth. The March of Dimes cites 60 percent of birth defects due to unknown causes; however, thousands of developmental defects and fetal deaths are attributable to an expectant mother’s exposure to toxic substances. Studies have shown that women living within two miles of a landfill have an increased chance of giving birth to a baby with spina bifida, a hole in the heart, or other defects. Pregnant women exposed to high levels of pollutants have almost three times the risk of delivering an infant with a cardiac problem. Polychlorinated biphenyls (PCBs) are well documented hazards to pregnant women and may inhibit a child’s intellectual ability, short and long-term memory and attention span. Microcephaly (an abnormally small head circumference) is caused by detrimental in utero factors such as pharmaceutical drugs, radiation, or a mother’s prenatal infection of rubella (German measles).

Heavy metals (gold, lead, mercury), cleaning solutions, paint, caffeine, radiation, drugs and alcohol are also culprits in causing birth defects. Manufacturers who fail to inform (via labeling) pregnant women of the risk can be held responsible for the birth defects caused by their products.

There are many “natural” circumstances wherein oxygen deprivation can occur during the labor and delivery process: the umbilical cord can become compressed or twisted in the birth process; the baby is too large to pass through the birth canal easily, or the baby is breach or sideways in the womb.

There are also many circumstances where brain damage or brain injuries are caused by mistakes made by doctors, hospitals or other medical professionals during the delivery process: a delay in performing a necessary C-section delivery, complication with a VBAC (vaginal birth after C-section) delivery - such as uterine rupture, use of excessive force during the delivery, or a miscalculation in the size of the baby, causing a traumatic delivery.

http://www.syracuseinjurylaw.com/birth_injuries.html

Underage drinking is the number ONE youth drug problem in the United States. About 5,000 people under the age of  21 die each year due to underage drinking. This does not include sexual assaults, violence and injuries.

The minimum drinking age is the most studied public health law ever. As you might guess, lowering the drinking age costs lives. Some have suggested that we should experiment by lowering the drinking age and see what happens. Organizations have “experimented” with giving alcohol to teenagers 18 and 19 years old and studies find they are much more immature and irresponsible when they are drunk then the average 21 year old adult.   

In 1999, New Zealand lowered its drinking age from 20 to 18. Not only did the alcohol-involved crash rate increase among 18 and 19 year olds (12% increase for males; 51% for females), but also among 15-17 year olds (14% increase for males; 24% for females).

A lower drinking age promotes unsafe binge drinking. Most European countries with lower drinking ages have not only higher drinking rates, but higher binge drinking/intoxication rates. As a result, several of these countries are considering increasing their drinking ages because the 21 minimum drinking ages is so effective. In the United States  statistics prove that from 1983 (the year before the national 21 law) to 1988 (the year when all states had adopted it), binge drinking among 12th graders dropped 15 percent during the same time binge drinking rates were increasing among the same age groups in Canada.

In fact, all underage drinking is unsafe drinking. Research has shown that the brain continues to develop into the early twenties. The part that controls reasoning and cognitive ability takes the longest to mature; thus, underage drinking, especially heavy drinking, affects memory and reasoning. The part of the brain responsible for forming new memories is noticeably smaller in youth who abuse alcohol. Alcohol use in adolescence also decreases executive functioning, memory, spatial operations, and attention among adolescents.  Research shows most of this damage is permanent.

The most dangerous room in a house happens to be a tie between the kitchen and bathroom. Many people visit hospitals reporting injuries happening in these two rooms.

Every year, there are about 200,000 bathroom slip and fall accidents. The Federal Center for Disease Control and Prevention compiles statistics on falls.  The leading cause of injury among older adults, is a slip and fall accident in the bathroom resulting in a fractured hip or traumatic brain injury.

Each year in the United States alone, more than 100,000 people go to the emergency room reporting kitchen related injuries such as burns and cuts from knives. Hot water alone causes 3,800 injuries and 34 deaths each year in the United States. Water boils at 212 degrees and it only takes a second to get third-degree burns. A knife slip means a nasty cut, stitches or potentially even the loss of a finger or two. Propane stoves cause many fire accidents and a glass casserole dish left on top of a range burner can explode, sending shards of glass in every direction.

Be careful of the potential hazards throughout your home, especially in the bathroom and kitchen.
http://www.noahbalmer.com/noahbalmer_research_bathroom_safety.pdf
http://newoldage.blogs.nytimes.com/2009/05/28/the-most-dangerous-room-in-the-house/

Light Rail officials told ABC15 they are starting to re-focus their efforts on safety now that the official grand opening ceremony is complete.

Four minor collisions have impacted the new train system since December, including one that occurred during the practice phase.

“They’re all unfortunate,” said Hillary Foose, a Light Rail spokesperson.  “If there is any silver lining it gives us the opportunity to talk more publicly about safety and how to be safe, reinforcing the message about obeying the traffic signals,” she said.

Foose said all of the collisions are under investigation, but it appears as if most of the independent drivers involved in these cases failed to obey all of the traffic laws.

Currently, Tempe Police are reviewing the surveillance tapes from the trains.

According to Foose, each train car contains sixteen cameras, including ten that monitor the exterior of the train in several different angles.

http://www.abc15.com/content/news/phoenixmetro/story/4-accidents-cause-Light-Rail-to-refocus-safety/oTvU6-nBmUmEyONOiW4_dw.cspx

Each year thousands of people suffer personal injury from slip and fall accidents, as the result of another person’s negligence. Slip and falls are one of the leading causes of accidental deaths in the United States.

The term slip and fall, or trip and fall, refers to a situation in which a person suffers an injury from a fall due to an unsafe, hazardous condition. Slip and fall accidents can occur inside or outside and can be caused by various conditions, including water on the ground, poorly lit stairs, rugs that seem to be lose, holes in the sidewalk, etc. If you are injured in a slip and fall accident due to a dangerous condition that the owner knew, or should have known, about he or she can be held legally liable.

In these instances, get the names and numbers of any witnesses to the accident, as well as people who were there after the accident occurred. It is also helpful to take photographs of the dangerous conditions, before the property owner has a chance to fix it. Slip and fall cases can be hard to prove, so it is important to have knowledgeable representation that can help you gather the essential evidence as soon as possible.

If you or a loved one suffers from severe injuries or death from a slip and fall accident, the Phoenix personal injury lawyers of Phillips and Lyon will help you get the money you deserve. Contact us now.
http://www.sgklawyers.com/PracticeAreas/Personal-Injury.asp#slip

A few tips and suggestion on how to be safe when riding your motorcycle!

1. Take a basic riding class to learn better riding techniques and helpful hints. More than 90% of riders involved in accidents had no formal training.

2. Make sure you have a motorcycle license! Nearly half of all motorcycle riders involved in accidents are unlicensed or improperly licensed.
3. Prepare for your ride. Wear appropriate gear for comfort and protection including proper shoes and most importantly a helmet!
4. Make sure you can be seen by the other drivers on the road. Stand out and wear bright clothing and use retro reflective material.
5. Make sure you are alert while riding. Fatigue or drowsiness can impair a motorcyclist’s ability to react.
6. Have a plan when riding in a group, determine your route in advance and coordinate it with the other riders.
7. Make sure your motorcycle is safe to ride.  If something fails on a motorcycle it can be very dangerous.
8. Ride sober. Alcohol and other drugs affect judgment and do not mix with motorcycling.
9. Don’t speed.  Speeding increases the risk of a serious injury accident by 60%.
10.  Be considerate on the road; show courtesy and respect to other drivers.

The attorneys at Phillips & Lyon have a well-earned reputation for protecting the rights of motorcycle accident victims. Unlike other firms in the Phoenix area, our senior partners are involved in every case and Greg Lyon, a senior partner, is an avid motorcycle rider! Our steadfast commitment to our injured clients along with our wealth of experience has lead to consistent results for our clients.

http://www.nysgtsc.state.ny.us/mcyc-tip.htm

An airbag, or supplemental restraint, is designed to protect drivers from making a hard impact during a car accident. Being a “supplemental restraint” gives the general idea that both seatbelts and airbags need to be used together, not just one or the other. If the airbag inflates, the seat belt will act by providing body support and preventing occupant ejection. The airbag can be said to bear similar texture to a soft cushion, and this cushion is what separates the driver from other hard surfaces in the car like the steering wheel, windshield, and dashboard and prevent severe injuries.

Furthermore, it is called a “passive” safety component, because it only inflates after an accident has occurred, it doesn’t prevent accidents from occurring. Airbags help avoid or lessen the risk of severe head and chest injuries in collisions.

 The inflation of an airbag is triggered by the airbag control unit, which reacts to the crash sensor when it detects a heavy impact.  The airbags release rapidly and protect the passenger from more severe injuries.  Airbags are known to cause “burns” on the driver’s arms or other injuries, but the injuries caused by an airbag are usually far less then if there was no airbag.

If you or someone you know has been injured in an accident, please contact Phillips and Lyon!

http://ezinearticles.com/?The-Importance-of-Airbags&id=1315758

These perfect scores varied from the safety cage, restraints, airbags, “crumple zones”, and how secure the driver’s and passenger’s head, neck, chest, pelvis, leg and foot are. 

“Although mass transit tends to be quite safe, sometimes accidents occur involving buses. Bringing a claim arising from a bus accident can be complicated by issues such as governmental immunity, determination of fault, and fraud.

Bus Accidents

Due to the size and weight of the typical bus, low speed accidents often have little impact on a bus or its passengers, but can have a serious impact on a passenger vehicle which collides with a bus.

When the impact is great enough to cause injury to the passengers on a bus, as the passengers are typically unrestrained, there can often be multiple injuries. If the bus rolls, goes off the road, or catches on fire, injuries to passengers can be very serious.

As previously suggested, where a vehicle is hit by a bus, that vehicle and its passengers can suffer very serious injury.

Governmental Immunity

As buses are often operated by a governmental authority, such as a municipality or a public school, even when the bus driver is at fault there may be an attempt to avoid compensating injured persons on the basis of governmental immunity. As governmental immunity laws vary significantly by state, and can be tricky to analyze, it is a good idea to have any governmental immunity issues evaluated by a lawyer in the jurisdiction where the bus accident occurred.

School Bus Accidents

Many serious injuries associated with school buses occur during passenger boarding and disembarking, for example when passing motorists disregard the signals on the school bus, children cross the street in an unsafe manner, or when the bus driver loses track of a child and either turns off the signals prematurely or strikes the child with the school bus. Serious injuries also occur in collisions, including highway accidents or where school buses roll or go off of the roadway.

Modern school buses are designed to incorporate a significant degree of passive restraint into the seat design - that is, the seats are constructed to try to minimize injury either from children being ejected from their seat or from collision with the seat in front of them. While there has been some debate over the use of seat belts on school buses, the consensus to date is to try to improve the safety through better design. Trying to enforce a seat belt rule on a bus full of children or teenagers can be unrealistic for a school bus driver. In many cases, retrofitting buses with seat belts could increase the danger of injury, as the seats may not be adequately secured to the floor to withstand the momentum that would result in an accident if the students wore seat-belts - it is bad enough for kids to be ejected from their seats in an accident, but potentially much worse if the seats come loose from the floor.

Where a public school bus driver causes an accident, there may be an attempt by the school board to claim governmental immunity in relation to the injuries that result.

Fifteen Passenger Vans

Although not truly “buses”, fifteen passenger vans are used in a similar manner by many church groups, private schools, and similar organizations. It is often asserted that fifteen passenger vans are unsafe, due to a high chance of rollover in the event of a collision. Thus, following an accident, the passengers have a potential product liability claim in addition to any claims of negligent driving conduct.

Problems With Fraud

In larger municipalities, there has historically been a problem with people boarding buses after an accident has occurred, then claiming to have been injured while riding the bus at the time of the accident. Some cities have even staged bus accident scenes, making it appear that a collision had occurred, to catch people who attempt this type of fraud. Also, even within the context of a real accident, sometimes bus passengers are known to exaggerate their injuries or to attribute a pre-existing condition to the accident. This type of fraud and misrepresentation can make it more difficult for people who actually suffer injury to establish their claims.”

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

“When cars collide with pedestrians, there is high potential for serious injury.

Drivers should take appropriate care in crowded areas or school zones, for the potential that a pedestrian will enter the roadway.

Pedestrians should follow the advice that we attempt to ingrain into the youngest of children - look both ways before attempting to cross the street.

Pedestrian Error

Pedestrians have a great capacity to avoid being struck by cars, as it is very rare for collisions to occur outside of the roadway. When pedestrians exercise due caution before entering a road, the chances of being struck by a car are very low. The chances of accident go up significantly in the following contexts:

Ignoring Traffic Controls - Although many are imperfect, pedestrian traffic controls tend to be timed such that when the signal switches from “walk” to “don’t walk”, a pedestrian no longer has time to safely cross the roadway. At such a time, pedestrians in the road should continue to cross, but pedestrians on the corner should wait for the next light. Similarly, if there are no pedestrian control devices, no pedestrians should enter a roadway once a traffic light controlling the intersection turns yellow. Whenever possible, cross in a crosswalk and wait for a green light.

Jaywalking - When pedestrians choose to cross the street in inappropriate or unexpected locations, they put themselves at greater risk of injury. It is best to cross in a designated crosswalk or at an intersection.

The “Darting” Child - Children sometimes “dart” into the roadway with little regard for traffic, often in pursuit of a pet, toy, or another child. Motorists should take particular care when they see children at play in a neighborhood, or when they pass a park, school, or other area which is posted as having children present.

The Parent In Pursuit - When children run into a roadway, their parent’s first thought may be to rescue the child, and they may run into the road in complete disregard of oncoming traffic.

Walking On A Limited Access Highway - Pedestrian traffic on limited access highways is extremely dangerous. Highway traffic moves at high speeds, and drivers will not be expecting pedestrians. When a roadway is marked “No Pedestrians”, respect that prohibition. If your vehicle breaks down on a limited access highway, and you get out to perform maintenance or to try to walk somewhere for help, you should take great care not to put yourself in danger. Attempting to cross a highway on foot is exceptionally dangerous.

Driver Error

Common driver errors or driving misconduct which contributes to car-pedestrian accidents include:

Disregarding a Crosswalk - Drivers who don’t pay attention to crosswalks, whether at intersections or at other points in the roadway, create a significant risk of accident. Drivers should exercise appropriate care that pedestrians are not crossing the road before passing through a designated crosswalk.

Disregarding a Traffic Control Device - When drivers ignore traffic controls, particularly those which specifically relate to pedestrian traffic, they significantly increase the chances of an accident.

Disregarding a Pedestrian Already Crossing the Roadway - When a pedestrian in the roadway ahead of a car is obviously crossing the road, or has entered the driver’s lane while in the process of crossing the road, drivers should exercise appropriate caution and should yield as necessary to avoid accident.

Driving While Intoxicated - Drunk drivers pose a high risk of injury to pedestrians, and there are many notorious cases where drunk drivers have caused accidents, striking pedestrians on sidewalks.

Passing a School Bus - When drivers overlook or ignore the red, flashing overhead lights on a school bus, their passing of a school bus creates a high risk of injury to children who may be disembarking from the bus.

Potential for Serious Injury

When a pedestrian is struck by several thousand pounds of metal and glass, even a low-speed collision carries a high potential for serious or catastrophic injury, or even death. Parents should emphasize pedestrian safety rules with their children, and should set a good example by following those safety rules themselves.”

If you or a loved one suffers from severe injuries or death from a car and pedestrian 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

“In 2008, there were 39,991 DUI arrests in Arizona; making this offense responsible for the highest number of arrests or 11.9% of total arrests. 2008 recorded 6,757 alcohol-related vehicle crashes in the state and 324 people killed. Drinking drivers were involved in 59.26% of all fatalities in the State of Arizona. In Maricopa County alone there were 4,240 alcohol-related crashes, killing 132 and injuring 2,888 people.”

According to the taxi fare finder, there is an initial charge for approximately $2.50 to $3.50 and then a charge for every additional mile after that which tends to range from $1.50 to $2.00. Why take the risk of causing severe injuries or death to a person when you can pay a much smaller fee to begin with? Just take a taxi because you don’t want to be the one included in these statistics and the one who causes death and injuries to a loved ones family members.

If you or a loved one suffers from severe injuries or death caused by a drunk driver, the attorneys at Phillips and Lyon will help you fight for justice. Contact us now.

http://www.crimefreeaz.com/dui/
http://www.taxifarefinder.com/info.php?city=Phoenix

What is considered red light running?
“A violation occurs when a motorist enters an intersection some time after the signal light has turned red. Motorists inadvertently in an intersection when the signal changes to red (waiting to turn left, for example) are not red light runners.”

Red light running is the most common cause of crashes nationwide. In 2007 alone, approximately 900 people were killed and an estimated 153,000 injuries were caused by red light running. Many of these deaths caused by red light runners were either pedestrians or people in the opposing vehicle that were hit and generally the collision were T-bone accidents. Arizona has been known to have some of the worst offenders pertaining to red light running.

“According to the Arizona Department of Transportation, red light running crashes only account for about six percent of all vehicle crashes in Arizona. However, 80 people were killed and nearly 7,500 were injured as a result of red light running. Additionally, Arizona has one of the highest death rates in the country per 100,000 people, according to data collected by the Insurance Institute for Highway Safety. The institute also reports that Phoenix, Mesa and Tucson are three of the worst offending cities for red light runners.”

To prevent red light running in the state of Arizona, red light cameras were put throughout the cities of Scottsdale, Phoenix, Tempe, Mesa, and Paradise Valley. These red light cameras have proven to decrease intersection accidents and also reduce red light violations. “A study of the same fixed speed-enforcement program in Scottsdale, AZ, found that the speed camera program led to lower speeds, safer drivers, shorter drive times and economic savings. Average speeds were reduced by about 9 mph following the installation of six cameras on the Loop 101 freeway; total crashes were reduced by 44% to 54% and injury crashes decreased by 28% to 48%.”
If you or a loved one suffers from severe injuries or death from a red light running accident, the Phoenix personal injury lawyers of Phillips and Lyon will help you get the money you deserve. Contact us now.

http://www.iihs.org/research/qanda/rlr.html
http://www.speedingticketcentral.com/Arizona-speeding-ticket.html
http://www.stopredlightrunning.com/get_the_facts_speedcamera.html

“The responsibility of a manufacturer or vendor of goods to compensate for injury caused by defective merchandise that it has provided for sale.”

Manufacturers, retailers, distributors and furnishers have a certain responsibility when making products. These companies must follow general standards of health and safety along with making their consumer goods follow these guidelines.

Many times companies take shortcuts, risks and let their responsibilities slip to save a little money. If a company does not follow these guidelines of health and safety and their product results in a personal injury, the company is held liable.

A few examples include defective design of tires, automobiles, and seatbelts. With defectives automobiles and tires, there is a higher risk for auto accidents. A defective seatbelt or airbag could be a huge risk and result in a major products liability case.

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

http://legal-dictionary.thefreedictionary.com/Product+Liability

Our Goal Is to Keep you Informed!

We will always strive to help our clients make truly informed decisions about their legal matters.  During our representation, we will constantly keep all clients “in the loop”.   At Phillips and Lyon will do our best to solicit client input and feelings about each case’s background and developments.  Clients always have insights and historic knowledge of issues that can help us fine tune our approach.  Listening to clients is very important to us. 

Phillips and Lyon will also explain tactics and strategies we plan to employ so clients understand why we may recommend a particular course of legal action and where we intend the strategy to lead us.  We always appreciate client feedback.
Finally, our approach always includes giving each client the opportunity to ask questions which we will answer right away. 

If you or someone you know has been injured in an accident please contact Phillips and Lyon!

Auto, truck and sport utility vehicle rollover accident unnecessarily kill 10,000 Americans annually.  Another 24,000 suffer severe injuries.

Long suppressed internal documents show that automakers knew as early as 1966 that car and truck roof designs were so weak that occupants could be crushed to death in rollover accidents.  Ford could have fixed this deadly problem for $43.13 per vehicle.  Instead, manufacturers hid the information for years and continued selling dangerous vehicles.

In 2005, the National Highway Traffic Safety Administration – despite specific direction from Congress to increase vehicle roof safety – established auto industry sympathetic standards mandating only minimal improvements to existing standards.  The regulations also prevent lawsuits against manufacturers who ignore their own internal safety researchers to bolster their bottom lines

www.newslettersink.com

Consumers have the right to sue as a group over advertising they believe misled them into buying products, a divided state Supreme Court ruled Monday in reinstating a massive suit against the tobacco industry. 

The 4-3 decision rejected business arguments that, if accepted, would have virtually prohibited class-action suits for false advertising by requiring proof that every plaintiff - millions of them, in some cases - had seen an allegedly deceptive ad and relied on it to make a purchase. The court majority said that evidence is required only for the single plaintiff or small group that represents the entire class.
“This gives the consumers rights to protect themselves from fraudulent advertising,” said Mark Robinson, a lawyer for the smokers who sued tobacco companies in 1997.

The ruling could make California “the class-action capital of the country,” retorted William Stern, a lawyer for business organizations and a co-author of Proposition 64, a 2004 ballot measure at the heart of the case.

Wrongful death lawsuit: Parents of boy killed by garage door sue homeowner, manufacturer and installer
By Lauren R Harrison
The family whose 6-year-old son was killed after a garage door closed on him filed a wrongful-death lawsuit Wednesday against the Chicago homeowner and two companies believed to have manufactured and installed the door.

Angela Washington-Sanders and Marshall Sanders sued in Cook County Circuit Court on behalf of their son, Dijion, whose death Saturday was from compressional asphyxia after he was trapped under the garage door, according to the medical examiner’s office. His 9-year-old brother found him fatally injured and alerted their mother after Dijion was playing outside alone, the family said.

The suit names as defendants Darrell Washington, the victim’s uncle who owned the home in the 9200 block of South Saginaw Avenue in the Calumet Heights neighborhood where the accident occurred, as well as Mid-America Door Co. and Sears, Roebuck & Co.

The suit alleged that the garage door wasn’t equipped with a motion sensor and that Washington failed to warn his relatives that it “could unexpectedly close or fall.”

“I’m haunted by this every day, and if I would have known he was under the garage [door], then there’s no way that I wouldn’t have run to him,” his mother said at a news conference. “I keep thinking that he was screaming and calling someone and no one was there to help him.”

Timothy Cavanagh, the family’s attorney, said that since 1992 the U.S. Consumer Product Safety Commission has required garage door openers to have devices that reverse the door when it comes into contact with a person or object. Cavanagh said he did not know when Washington’s garage door was manufactured or installed.

Sears declined to comment, but a company spokeswoman as well as John Earnest, president of Mid-America Door, expressed sympathy for the family’s loss.

READ entire article: Chicago Tribune

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/

Failure to wear a seat belt contributes to more fatalities than any other single traffic safety-related behavior. 63% of people killed in accidents are not wearing seat belts. Wearing a seat belt is still the single most effective thing we can do to save lives and reduce serious  accidents causing horrible spinal cord or brain injuries on America’s roadways.

Data suggests that education alone is not doing the job with young people, especially males ages 16 to 25, ­ the age group least likely to buckle up. They simply do not believe they will be injured or killed. Yet they are the nation’s highest-risk drivers.  Statistics show they are involved in more drunk driving, more speeding, and more over all crashes. Neither education nor fear of injury or death is strong enough to motivate this tough to reach group.

It takes strong seat belt laws and high visibility enforcement campaigns to get the public to buckle up.  Arizona law requires all front seat occupants to have a lap and shoulder belt properly adjusted and fastened while the vehicle is in motion.  The driver will be issued a citation for all passengers under the age of 16 sitting in the front seat and not wearing a seat belt properly.

Seat belts save lives!  In Arizona, “Click it or Ticket”. 

www.PhillipsAndLyon.com 

http://www.car-accidents.com/pages/seat_belts.html

http://www.azgohs.gov/quick_links/seat_belts_and_children/safety_inside_the_vehicle.asp

There are many different types of insurance coverages, and many misconceptions regarding what constitutes “full coverage” on your insurance policy.  You may think you have full coverage but in many instances that is not the case.  The following are the basic coverages that are available and each of them are very important:

Liability Bodily Injury – In Arizona the minimum coverage required is $15,000.00 per person/$30,000.00 per accident.  If you or someone driving your vehicle are legally liable for an auto accident this coverage will pay for the other parties injuries.

Collision - This coverage will help pay to repair or replace your vehicle after an auto accident.  This coverage is usually subject to a deductible.

Comprehensive - This coverage will help pay to repair or replace your vehicle from damages not resulting from an auto accident such as a theft, glass breakage, or damage caused by storms. This coverage is usually subject to a deductible.

Uninsured Motorist - This coverage applies to you your passengers and blood relatives living in your household when injured by an uninsured motorist.  You need not be in a vehicle to use this coverage in Arizona.    

Underinsured Motorist – The same group of people are covered here as were covered in the Uninsured motorist situation.  It comes into play when the responsible party had coverage but  did  not have enough insurance coverage to pay the full value of your injury claim.

Medical Payments - This coverage will help pay medical bills incurred as a result of an injury occurring in connection with the use of an automobile and includes the insured, passengers in the insured’s vehicle and blood relatives living in the household.

If you are unsure of which coverages are included in your current policy contact your agent or look at your policy declaration page. Remember, accidents are not planned and can cause horrible injuries.   Review your coverage now not after a serious accident.

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Most personal injury and accident cases can be settled without the parties actually going to court. However, a number of cases, good and bad, are taken to trial before a panel of impartial jurors. The Arizona courts have taken the lead in making that process as efficient as possible.

The most important change is that Arizona allows jurors to discuss the case as the case moves along so long as they are all together and the new rules also encourages the jurors to submit questions to witnesses as the case proceeds. The rule in Arizona previously was that jurors could not talk about the accident case until they were finished hearing all the witnesses and then they met in secret to discuss the case and make their final decision. Previously, most courts also followed the rule that jurors can only hear what the attorneys want them to hear and cannot ask any questions.

The judges and the jury members who have been in cases using these new rules have all been very much in favor of the changes and have reported that the new rules help the jury understand the case while at the same time not reaching a decision until the case is over.

Many states are now considering these and other changes made in Arizona with the idea of making jury service more rewarding for all participants.

Phillips and Lyon is a highly respected name in accident injury law in Arizona.  We have 8 convenient Arizona locations!

Henry Hester

Attorney for Phillips and Lyonrd Certified Personal Injury and Wrongful Death Specialist

Have you been in a motor vehicle accident?  Did you sustain a personal injury?  Did you incur costly medical and auto bills? 

Did you know, 222,814 injured Americans were denied insurance claims and benefits in 2007 according to the National Association of Insurance Commissioners?   

Did you know, over 1/3 of these personal injury victims were persons who filed claims for insurance benefits following an accident injury?

Did you know, that the personal injury attorneys at Phillips and Lyon will fight the insurance companies to get you the money you deserve? 

Did you know, a free claim review by a Senior Attorneys at Phillips and Lyon is only a click away?   

If you are looking for a personal injury attorney who has a proven track record of success in obtaining substantial results for Arizona accident victims, please contact us today.

Read Article : accidentattorneys.com 

Our client lost his son in a motor vehicle collision and attempted to stack the uninsured motorist coverage’s on all 5 of his household policies. He was prevented from doing so because State Farm had a valid “anti-stacking” clause in the policy. It became apparent that no additional benefit was provided to our client or his resident relatives for paying U coverage premiums on the rest of the household cars. Our client had not been informed by State Farm either orally or in writing how Martin changed his policy. He further expressed the view that he didn’t want to insure any and all guests who rode in his cars but was only interested in insuring himself and his family members who lived under his roof. ”

Let the Arizona injury lawyers  at Phillips and Lyon protect your right of fair compensation against insurance company manipulation and bad faith practices. Contact us to receive the sound legal advice and dedicated representation you need. We have offices in Phoenix and seven other convenient Arizona locations.

It seems like Phoenix and surrounding cities have installed photo radar everywhere.  Is it even worth it to speed any more?  Since Arizona is one of the most dangerous cities to drive, they have installed these cameras trying to reduce car accidents and make our roads safer. 

A lot of people have decided it’s too hard to keep track of where all the photo radar cameras are and just set the cruise at the speed limit so there are no worries.  This is the best resolution to the problem especially since Scottsdale is now using the portable “van radar” instead of the stationary cameras. 

The problem is most people tend to slow down when they see the camera, even if they are not speeding.  Have you ever noticed the average speed around the radar cameras is 5 mph LESS then the speed limit.  Why? 

Per DPS officer, James Warriner, “If it is a 55 mile-per-hour zone the camera will get drivers going 11 miles over but if the limit is 65 or above the camera will snap drivers going only ten miles over.”  He also mentions that the ticket costs about $181.00.

Unfortunately Arizona roads have a lot of motor vehicle accidents and if anything, hopefully the speed cameras can cut the accident, injury and fatality rates significantly.

www.Phillipsandlyon.com

http://www.azfamily.com/news/local/stories/Phoenix-local-111208-photo-radar-cams-myths.1a8ea28e1.html

Over 1700 injuries were caused by bicycle accidents in Arizona last year.  Most of these accidents happened during the daylight and involved people ages 25-54. When you get on a bike,  safety is very important to remember because unfortunately many drivers forget about the 2 wheeled vehicles they need to share the road with. 

One of the most common excuses motorist use when they hit a bicycle is “I didn’t see them”.  With this being said, all bicyclists should be extra cautious and not assume the drivers will see you. 

1. Ride to the extreme right of the road
2. Use signals before turning
3. Avoid busy streets when biking because the less cars the less chance of a driver making an error.  
4. Use a headlight AND a blinking rear light
5. Don’t wear dark clothing
6. Avoid riding at night
7. Most importantly wear your helmet! 

If you or someone you know was injured in a bicycle accident, call the AZ accident lawyers of Phillips and Lyon.   They will fight for your rights and get you the compensation you deserve!

www.PhillipsAndLyon.com

http://www.azdot.gov/mvd/Statistics/crash/PDF/07crashfacts.pdf

www.PhillipsandLyon.com

http://www.azdot.gov/mvd/Statistics/crash/PDF/07crashfacts.pdf

Were you injured in a motorcycle accident? Are you looking for an expert who will be on your side and understand your pain and frustration? Senior partner Greg Lyon can relate to the injured rider.

Greg Lyon, a senior partner at Phillips and Lyon is an avid motorcycle rider logging thousands of miles each year. He is well aware of the attitudes that an injured biker will encounter and the hurdles that must be overcome in order to successfully compensate the victim of a negligent motorist. He also understands the anger and frustration bikers feel when their bike is damaged and they are badly hurt - or a fellow biker is killed - all because a cager failed to exercise a proper lookout for motorcycles.

Mr. Lyon has written articles on motorcycle safety, and is a former officer of a local Harley Owners Group. He is a strong and vocal advocate for motorcyclist who have the same rights as cagers’ to enjoy the roads and highways of Arizona .

For more information visit: http://phillipsandlyon.com/Our-Areas-of-Practice/Motorcycle-Accidents.aspx