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Appellate Highlights
Appellate Highlights Caveat – Any of the Court of Appeals cases listed may currently be on review pending reconsideration. Dinsmoor v. City of Phoenix and Deer Valley USD 1 CA-CV 19-0045 (6/30/20) A high school student shot and killed his classmate and then himself off campus. The classmate had previously reported threats to the school […]
3 Students Injured Seriously in Bus Crash Near Wickenburg
The elementary school years are a bright spot in a child’s life, forming friendships and relationships with classmates and teachers, and learning valuable skills to carry throughout their lives.
They are often called the formative years because of their importance in the future well-being of an individual. That is why it is of crucial importance that a child feel completely protected throughout the entire time.
In this case, a school bus filled with children got in an accident, causing 3 individuals to be sent to the hospital with serious injuries. The accident happened at roughly 3:30 in the afternoon on the US 60 near milepost 99.
According to a spokesman for the Wickenburg Unified School District, the accident happened when a car driver fell asleep at the wheel and swerved into the path of the bus, causing the driver to take evasive action which unfortunately led to the bus rolling 4 times.
Three students were injured, one being airlifted to a nearby hospital and the other 2 being taken by ambulance. According to the spokesman, at the time of the accident, none of the students’ injuries appeared to be life-threatening, although no further details have been released.
In addition, the driver of the vehicle was apparently trapped by the accident, but no further details were released about them either.
Toddler Dies After Head-on Collision
A three-year-old boy died earlier this month as a result of critical injuries received following a head-on collision in Phoenix on October 12.
Phoenix Police say 19-year-old Edgar Martinez tried to pass a vehicle near 31st Avenue and Acoma Drive while traveling at a high rate of speed on Saturday, October 12. While attempting to pass the vehicle, Martinez lost control of his Acura, crossed into the oncoming lane of traffic and crashed head-on into a Nissan. Martinez’s vehicle flipped over, while the Nissan was forced backwards by the force of the collision.
Martinez was fortunate in that he received only minor injuries in the collision. His passenger in the front seat sustained serious injuries and was transported to a local hospital.
Phoenix police Sergeant Steve Markos stated the driver of the Nissan and two children in the car sustained non-life threatening injuries. Tragically the three-year-old in the Nissan sustained critical injuries in the crash and succumbed to those injuries at a local hospital two days later.
Martinez, according to one of the officers at the scene of the collision, showed signs of impairment, and, according to court documents, admitted to the use and possession of marijuana. He was booked into Maricopa County Fourth Avenue Jail and was charged with four counts of aggravated assault and one count of endangerment.
With the death of three-year-old Eric Garces, according to Sgt. Markos, Martinez will now most likely face manslaughter charges.
If your child has died in an automobile accident due to the negligence of another driver, an experienced Arizona child injury attorney can assist you with both insurance and legal matters. Not only are you facing the heart wrenching loss of your child, but you may be facing financial losses, which include lost income, extensive medical bills and the loss of your vehicle, as well. A compassionate and committed attorney will work tirelessly on your behalf to protect your rights and ensure that you receive the compensation you deserve.
Original story found here.
CDC Reports on Child Injury – Lawyer in Phoenix Promotes Safety
The Center for Disease Control reports national statistics on the frequency and most common types of child injury. Phoenix lawyers are working to educate the general public on child injury statistics in an effort to promote greater safety for all children, not just those who reside in Arizona.
In May 2010, the National Conference of State Legislatures (NCSL) made the following statement about the rate of child injuries in the U.S. and the need for improved childhood injury prevention:
“Injuries are the leading cause of death and disability for children and adolescents. One in four children are injured severely enough to necessitate medical attention, miss school, and/or must be on bed rest each year. For every child who dies from an injury, approximately 34 are hospitalized and 1,000 make emergency room visits. According to the CDC, on average, 12,000 children aged one to 19 die each year from unintentional injury, which accounts for 44% of all deaths in this age group. The leading causes of injury death differ by age group. While motor vehicle-related injury deaths are responsible for the majority of injury deaths for children five to 19 years of age, drowning was the leading cause of injury related death for children aged one to four.”
Child Injury Lawyer, Phoenix Arizona, on Traumatic Brain Injury (TBI)
As a child injury lawyer in Phoenix knows from experience, a traumatic brain injury can steal the life of a child. These unintentional injuries can happen in an automobile accident or sports activity. Although three-quarters of all TBIs will result in concussion or mild TBI (a mild TBI is simply a diagnostic term referring to an acute concussive brain injury that manifests itself with symptoms — no TBI should be taken lightly), according to the CDC approximately 1.7 million people will sustain a TBI this year and 52,000 will die from their injuries, many of whom will be children. There are also studies that show those who have suffered from a TBI are at an increased risk of Alzheimer’s and Parkinson’s later in life.
The CDC also reports that two groups of children are among the most likely to sustain a TBI: children younger than four years of age and children between 15 and 19 years of age. Children younger than four have the highest frequency of TBI emergency department visits and hospitalizations – they are the group most likely to die from their injuries. Among both age groups, boys are more likely to sustain TBIs than girls.
CDC Motivates Child Injury Lawyer, Phoenix, to Help Improve Safety
A child injury lawyer in Phoenix is in the unique position to educate the general public about the importance of accident avoidance when it comes to child safety. After all, he deals with child injury incidents and lawsuits on a regular basis and knows how accidents could have, and should have, been avoided.
Here are a few more generalized statistics from the CDC to keep in mind (the Arizona statistics included below were compiled between 2000 and 2005):
● 12,175 children in the U.S. aged 0 to 19 will die from an unintentional injury. In Arizona, the average number of child injury deaths was 295 per year; a rate of 18.2 per 100,000 population and much higher than the national rate of 15.0 per 100,000 population.
● Boys are almost twice as likely to die from unintentional injuries than girls. In Arizona, 66% of unintentional child injury deaths occurred among boys.
● More children die from motor vehicle and traffic accidents than any other accidental death, as either passengers, pedestrians, or cyclists. In Arizona, transportation-related injuries resulted in the highest rate of death for children age 0 to 19 with 11.9 child deaths per 100,000 population.
● The leading cause of unintentional death in children is by:
- — Suffocation for children under the age of one.
- — Drowning for children age one to four.
- — Motor vehicle occupant for children age five to 19.
● In Arizona, children between the ages of 15 and 19 accounted for 40.3 deaths per 100,000 population, the highest death rate of all age groups.
Tragically, we know that childhood injuries often have long term consequences and sometimes result in death. Along with filing a lawsuit against the responsible party, there are other alternatives, including mediation and arbitration, which can help you get what your child deserves. If your case does go to court, Shane L. Harward will use all of his experience to help your family. To discuss your options in detail with an aggressive and experienced child injury lawyer in Phoenix, contact the Law Offices of Shane L. Harward today.
Resource:
Dangers of Distracted Driving from an Arizona Child Safety and Injury Lawyer
Have you ever noticed someone texting on their cell phone and driving while distracted? Not paying attention while driving can end in serious injury and even death. Our Arizona child injury lawyer has seen the consequences of distracted driving all too often.
For distracted drivers involved in serious accidents, the distraction is three-fold:
1. Visually distracted. The driver takes his or her eyes off the road.
2. Manual distraction. The driver takes his or her hands off of the steering wheel.
3. Cognitive distraction. The driver takes his or her mind off the task at hand – driving.
This unfortunate reality is not restricted to adults either; teenagers are just as likely (if not more likely due to lack of driving experience) to cause accidents when distracted. The notion that teens are more capable than adults at driving vehicles while simultaneously operating mobile devices is a myth. There were 3,000 incidents of vehicle-related teen (between the ages of 15 and 19) deaths in the United States in 2009 alone.
Arizona Child Safety and Injury Lawyer Looks to Statistical Evidence
Of course, most of us are adept at using mobile devices and smartphones while at work, home, and recreationally while out on an Arizona golf course or hiking the White Tank Mountains. However, driving is not the time or place for such activities. Drivers using cell phones look but do not see 50% of what is going on around them – this is a cognitive driver impairment behind the wheel. The Federal Communications Commission reports that “mobile communications are linked to a significant increase in distracted driving, resulting in injury and loss of life.”
According to the Department of Transportation’s National Highway Traffic Safety Administration (NHTSA), distracted drivers in 2010 caused an estimated 3,092 fatalities. Although the NHTSA believed “the actual number of crashes that involve distracted driving [in 2010] could be higher.” For the sake of comparison, in 2008 the NHTSA figure was 5,754 distraction-related fatalities. That same year, 22% of all crashes were deemed caused by distracted drivers, injuring 515,000 victims.
Arizona Child Safety and Injury Attorney Changes Attitudes to Save Lives
The NHTSA also offered some chilling news of driver attitudes. As many as 75% of all drivers who participated in a national survey reported that “they were willing to answer calls on all, most, or some trips… and rarely consider traffic situations when deciding to use their phone.”
To change driver attitudes, our Arizona child safety and injury lawyer recommends that, if you have teenagers, make sure they understand that they should never attempt to text while driving. A drivers eyes are off the road 4.6 seconds out of every 6 seconds when they text and drive. Young drivers need to appreciate the dangers of distracted driving.
Give the young drivers in your household some simple, clear instructions. Do not use a cell phone or other wireless device while driving – “On the road, off the phone.” Before your son or daughter even begins drivers’ education, make sure he or she recognizes that taking one’s eyes off the road, even for a split-second, can result in death or injury. Yes, it really can happen that fast and the results can be catastrophic.
Our Arizona child safety and injury lawyer also encourages parents to lead by their own example. We know how quick teens are to pick up on the old “do as I say, not as I do” problem with adult inconsistencies. If you really want to teach your children to concentrate on driving while they’re driving, then you should do the same. Don’t text or talk on a hand-held mobile phone while you drive. Always pull off the road safely, before you attempt to text or talk on a cell phone. If you must use a mobile device while you drive, then use the hands-free wireless set-up in your vehicle so you never need to place a phone to your ear.
Arizona Does Not Ban Cell Phones and Texting While Driving
According to the Governor’s Highway Safety Association, as of January 2012, only nine states and D.C. prohibit cell phone use while driving, but no state bans all cell phone use for all drivers. However, 35 states and D.C. do ban text messaging for all drivers. At this time, Arizona bans the use of cell phones by school bus drivers, but has no other bans on cell phone use or texting while driving.
Have you or your loved one been seriously injured in an accident caused by an inattentive, careless, or distracted driver? Don’t delay getting legal advice from an Arizona child safety and injury lawyer. Email the Law Offices of Shane L. Harward or call 480.874.2981 to schedule a confidential consultation (but please, don’t call while you’re driving).
Resources:
Distraction.gov
GHSA Cell Phone and Texting Laws (AZ)
Centers for Disease Control & Prevention, Teen Drivers Fact Sheet
Ray LaHood, Save Lives on the Road – Hang Up and Drive
quick links
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The Arizona personal injury, accident, and insurance bad faith dispute lawyers at the Law Offices of Shane L. Harward PLC represent insurance, personal injury and accident victims throughout the state of Arizona (AZ) including, but not limited to, Phoenix, Scottsdale, Mesa, Tempe, Chandler, Glendale, Gilbert, Sun West, Sun City, Tucson, Flagstaff, Kingman, Bullhead City, Yuma, Lake Havasu, Fountain Hills, Anthem, Ahwatukee, Carefree, Cave Creek, Gold Canyon, Bisbee, Sierra Vista, Cochise, Paradise Valley, East Valley, Maricopa, Pima, Pinal, Gila, White Mountain, Heber, Payson, Prescott, Forest Lakes, Apache Junction, Avondale, Queen Creek, Benson, Black Canyon City, New River, Buckeye, Casa Grande, Coolidge, Cottonwood, Douglas, Florence, Gila Bend, Goodyear, Greer, Glendale, Lakeside, Guadalupe, Holbrook, Huachuca City, Oro Valley, Overgaard, Avra Valley, Parker, Peoria, Pinetop, Pine, Prescott Valley, Quartzite, Strawberry, Safford, Show Low, Sun City West, Sun Lakes, Superior, Surprise, Snowflake, Tombstone, Wickenburg, Winslow, Wilcox, Williams, Young, Youngtown, and surrounding areas.