Tag Archives: friedl richardson trial lawyers

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Does your teen Drive While InTEXTicated?

A new Arizona bill could ban Valley teens from using their cell phones while driving, or more cleverly put, “driving while inTEXTicated.” Eighty two percent of teens ages 16 and 17 own a cell phone, while 52% of them admit to using their cell phone while driving and 34% say that they have texted while driving. Supporters of this bill say that legally banning new drivers from using their cell phone while driving will protect our Valley teens and teach them a valuable life lesson: concentrate on driving. Three major concerns are addressed by the bill as it aims to protect our teens and keep our roads safer:

1. Teen are the least experienced drivers and do not need any distractions behind the wheel.

There is a reason that Arizona law has created a regulatory process for drivers to earn their licenses- it creates an opportunity and a controlled environment for new drivers to gain experience and learn the rules of the road. The famous Spiderman movie quote, “With great power comes great responsibility,” is completely applicable in this situation. Teenagers are just learning the rules of the road and the power that their vehicle and freedom possess, yet they must be responsible with that power and all that it entails. In order to truly learn safe driving skills, a teen must be fully aware of what is around them and not distracted by their cell phones. For example, a safe driving distance is at least 500 feet, or three car lengths, between you and the car in front of you, yet an inexperienced driver has not quite figured out the visual measurement or how to quickly gauge that distance; one glance at their phone can turn that “safe” zone into a dangerous accident. On average, the minimal amount of time a driver takes away from the road while texting and driving is 5 seconds… if you are driving at 55 MPH, this is equivalent to driving the length of a football field. A lot can happen in that five seconds, which is why it is imperative for new drivers to fully focus on driving and the other vehicles on the road.

2.     Teens are the most tech savvy generation and use their phones more than any other age group.

Teens text, email, use apps, take pictures, make calls, tweet and post to Facebook all from their phones- their tiny device holds their entire social world in the palm of their hands. If a teen is texting while driving, they are 23 times more likely to be in an accident, if they are dialing their phone they are 2.8 times more at risk for an accident, talking or listening on their phones while driving puts teens 1.3 times more at risk for an accident and even if they are only reaching for their device, they are 1.4 times more likely to be in a car accident.

3.     Teens are less likely to think about the long-term consequences of a car accident.

Teenagers have a tendency to think that they are invincible; therefore they are less likely to think about the serious consequences of being involved in a car accident, or even worse, if they are the cause of a serious car accident and hurt someone else. This “superhuman” mentality is why it is important that teens are constantly reminded, educated and made aware of the consequences of using their phone while driving- which is the main goal of this bill. Laws are based on the simple ideology of mental conditioning and behavioral change- simply put, laws are linked to the famous psychology experiment, Pavlov’s dog.

If we implement laws that remind our drivers not to use their phones while driving, they will be conditioned to not “drive while inTEXTicated” throughout their lives, ultimately making our roads safer.

Those against the bill say that the bill is placing too many restrictions on drivers and unnecessarily punishing teens, yet the goal of bringing claims against drivers that break the rules of the roads is to make our roads safer for everyone. The bill puts an extra burden on the least experienced drivers and holds them accountable for their actions and the possible harm that they put all drivers in when they use their phones behind the wheel.  The young drivers that the bill targets are the most tech savvy, they are the least likely to think long term consequences of dividing their attention, and they are the drivers that need the most concentration on the roadway obstacles, therefore this bill would greatly protect the public while adding little inconvenience to the general population.

Currently, the use of cell phones is banned only in certain cities in Arizona and in the case of an accident cell phone usage must be proved as the cause of the wreck in order to hold the motorist responsible for the accident. If the bill passes, the fact that the youth was on the cell phone while driving would be an argument for the youth’s liability of the wreck.  The records of the cell phone should be available during any claim process.

To read the bill in its entirety, visit http://www.azleg.gov/legtext/50leg/2r/bills/sb1056s.pdf.

 

Tommy Richardson is an attorney with Friedl Richardson Trial Lawyers, a Phoenix-based personal injury law firm founded in 1997 with a mission to make the community safer by helping people injured due to other’s breaking the rules.

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Bicycle Safety: What are Cyclists’ Rights?

A common misconception of cycling safety is that different rules of the road apply to motorists and cyclists; this is not necessarily true. The truth is that cyclists have many of the same rights as motorists while riding on the road. According to the League of American Bicyclists, each year approximately 45,000 riders are injured in collisions with motor vehicles and many of those injured riders are not informed as to what their rights are, which could lead to confusion or a cyclist not receiving the proper defense that they deserve.

Cyclists are given the following rights according to Pima Association of Governments:

  • Bicycles can be parked on the sidewalk as long as they don’t hinder any vehicles or pedestrians.
  • Cyclists may move away from the right side of the road in order to pass parked vehicles, avoid parked cars or other obstacles, make left hand turns, pass another cyclist.
  • Cyclists can ride side by side with a limit of two bicycles.
  • Cyclists are required to wear reflectors and have a white headlight when riding at night.

If you are involved in a collision where these rights are terminated you will be eligible to press charges. This year alone, 307,753 car accidents have been reported with being involved in a distracted driving case. It has also been measured that drivers using hand held devices while driving are four times as likely to get into crashes serious enough to injure themselves or others. The state of Arizona is heavily pushing for a ban on texting while driving. Currently, if a distracted driver hits you while riding your bike, the driver will be fined a minimum of $250. Punishment will continue to increase depending on the severity of the accident.

The most important thing to remember if you are ever involved in a collision is to remain calm. In addition, wearing a helmet at all times will greatly reduce any risk of injury. According to the Live Strong foundation and the Bicycle Helmet Safety Institute, head injuries are linked to 62.6% of bicycle-related fatalities. This is an astonishing amount when you think of how easily a helmet can reduce the percentage. “The lifetime medical cost savings will total between $197 and $256 million,” for those who do wear a helmet, according to the Bicycle Helmet Safety Institute.

We recommend always riding a bike with a cell phone just in case something were to ever happen. Similar to a car collision, you will want to take pictures of the collision damage and collect information from the motorist. If your bike becomes damaged from the collision, take it to the shop and have them write you a report for the damage with the receipt.

Thomas M. Richardson is an attorney and partner at Friedl Richardson Trial Lawyers in Phoenix. Friedl Richardson specializes in premise liability cases, as well as car accidents, bicycle accidents and dog-bite related injuries. For more information, please visit www.azrichlaw.com or call 602-553-2220.

salt river tubing - summer safety

Summer Safety: Salt River Tubing

The Salt River is officially open for business this summer, and has already received an astonishing amount of traffic from the community. It is important to be informed of the rules for safe recreation prior to visiting the river. In order to ensure an enjoyable and memorable experience with friends and family, I have compiled an excellent list of safety tips to remember and constantly enforce, while cruising down the river this summer and reduce the risk of personal injury.

It is critical to understand that the Salt River is located on an Indian Reservation, meaning that the tribe has jurisdiction for all suits against the Tribe. If an injury were to occur during your visit at the river, the homeowner responsible for the injured party would be liable and eligible to be sued. That is why the tips below are crucial to follow and understand to protect yourself and your friends from being sued.

I cannot stress enough the importance of regulating alcohol consumption and assigning the role of a designated driver to a specific person in the party. If a driver is pulled over after having been drinking, the fines can excel up to $2900, carry up to six months of jail time on the first offense and a two-year suspension of license. In addition, if a passenger is injured in an accident with a drunk driver, the DUI fines still apply with an additional liability for the driver to be sued by the passenger. All individuals in the car are in danger if a designated driver is not secured prior to alcohol consumption, and the result will be severely life changing.

Here are some tips to keep you injury free:

  • Drink Water: While this may come across as an obvious piece of advice, it is imperative to drink an excessive amount of water while visiting and enjoying the Salt River. Arizona has already set heat records this season, thus staying hydrated will prevent health risks while experiencing all that the river has to offer.
  • Wear Sunscreen: Salt River activities have been known to turn into an all-day event, even if a smaller amount of time had previously been allotted. Therefore, it is crucial to apply a generous amount of sunscreen and bring enough to the river to last all day.
  • Bring Food: Not only is it important to eat a nutritious breakfast before heading to the river, it is necessary to pack portable snacks that will satisfy hunger while remaining under the sun.
  • Water Shoes: Water shoes may not be the most attractive shields for your feet, but are essential in concealing your feet from all the underwater dangers that are not visible from the surface. Like they say, it is better to be safe than sorry.
  • Bungee Cords: While traveling down the river, a bungee cord may become necessary if the party wants to keep all members together. Although it is a slow-moving river, currents can tend to pick up speed, causing tubes to separate if not previously tied together. It is recommended to tie-up with members of your group, so you do not get separated or injured. If you are not attached to others in your party, you have a higher chance of being flipped over or pulled under the rapids.
  • Have a plan of action: In case you become separated from your party, have a meeting place set so you are not “stranded” in the heat, which could lead to dehydration and heat exhaustion.

Thomas M. Richardson is an attorney and partner at Friedl Richardson Trial Lawyers in Phoenix. Friedl Richardson specializes in premise liability cases, as well as car accidents, bicycle accidents and dog-bite related injuries. For more information, please visit www.azrichlaw.com or call 602-553-2220.

Texting while driving

Texting While Driving: A Growing Hazard

“Drive Hammered, Get Nailed,” and “Click It or Ticket” are Arizona initiatives that aim to advise drivers of the rules of the road, yet there is currently no campaign in place regulating texting while driving. Texting while driving is such a growing hazard that the Centers for Disease Control and Prevention (CDC) have categorized it as “distracted driving.” However, Arizona has very loose laws preventing texting while driving. Although texting while driving is illegal in Phoenix’s city limits, it isn’t illegal statewide.

Texting while driving is a lethal combination because it involves three different distractions: visual, manual and cognitive, according to the CDC. These distractions interfere with the amount of brain activity necessary to operate a vehicle by reducing a driver’s reaction time, depth perception and cognitive awareness of the road conditions and the surrounding environment.

Ironically, these are the exact same functions that are impaired by alcohol. Distraction from cell phone use while driving — handheld or hands-free — extends a driver’s reaction as much as having a blood alcohol concentration at the legal limit of .08 percent, according to a study conducted at the University of Utah. A driver’s reaction rate is one of the most important factors in motor vehicle collisions and may make the difference between life and death. It takes two seconds for your brain to react to the situation and tell your body to make a braking movement; therefore, any distraction resulting in a delay of reaction time makes you a danger on the roadway.

National statistics illustrate that driving while distracted is a factor in more than 25 percent of police-reported crashes. Texting while driving does not just cause automobile accidents, it also puts pedestrians, road cyclists, motorcyclists and others in severe danger.

There are many simple precautions that drivers can take in order to protect themselves and others from a vehicle collision.

First and foremost, keep your cell phone in a location that is out of your reach and out of sight; this will reduce the temptation to check your phone while behind the wheel … even at a red light! Individuals who use a cell phone while driving are four times more likely to get into crashes that are serious enough to injure themselves, according to the Insurance Institute for Highway Safety.

Parents of teenage drivers must set a good example and not use a phone while driving. Teenagers are the highest at-risk group of being affected by the dangers of texting while driving as they are inexperienced on the road and may have more distractions. The CDC statistics exemplify that younger, inexperienced drivers have the highest proportion of distraction-related fatal crashes, prompting many states to ban drivers younger than 18 years old from using their cell phone while driving.

The statistics regarding the dangers of texting while driving are eye-opening and should empower Arizonans to think before they pick up their phones while behind the wheel.

For more information about auto accidents, pedestrian accidents, bicycle accidents or
motorcycle accidents that occur from texting while driving, please contact Friedl Richardson Trial Lawyers in Phoenix at (602) 553-2220 or visit azrichlaw.com.