Arizona Risk Crossroads

Traffic Collisions in Arizona have been on the rise for five straight years, with intersections being especially dangerous. Near 25 percent of traffic fatalities and 50 percent of the collision, injuries happen in these dangerous intersections.  These intersections require that driver, pedestrian, and cyclists all be vigilant to avoid causing an accident. Federal Highway Safety Administration calls them “Planned points of conflict.”

In ranking-risk crossroads in Arizona, Pheonix is home to half of the most dangerous ones. Many places in Arizona can be risky due to overpopulated areas making a driving hectic.

67TH Avenue and MCDOWELL Road, Pheonix

During rush hours, this route is popular with drivers trying to stay off the interstate. Plenty of residents adds up to the general chaos out there. Rear-end collisions are frequent, as are left-turn crashes.  in 2015, there were around estimated 60,468 people traveling this road.

67TH Avenue and Indian School Road, Pheonix

This place features many apartments and private houses. Most accidents occur in this place, and the older people cause it through statistics.  A National Highway Traffic Safety Association study said that 50 percent of crashes happen within five miles of home. Around 70 percent occurred within the ten miles. Daily traffic for this intersection saw nearly 70,000 motorists per day in 2013.

 1-17 and Happy Valley Road, Mesa

The 1-17 is one of the deadliest roadways in the state of Arizona, including the roundabout intersection at Happy Valley Road. The Happy Valley Road intersection is just prone as the rest of the road. 

Scottsdale  Roundabout

Are roundabouts safer options in Arizona? ADOT has a proposal about diverging diamond interchange to replace the existing roundabouts at the 1-17 and Happy Valley Road. The state has also recommended for a diverging interchange for the South Mountain Freeway in 2019.

In Scottsdale, roundabouts have helped many drivers and becoming more and more popular to control right-of-way traffic reducing collisions in the city. However when drivers and unfamiliar with the roundabout system, they can find themselves in danger of accidents.

They are constructed as a means to control right way vehicle traffic to replace traffic signals. One one hand, according to the City of Scottsdale, statistics show roundabouts reduce collisions in busy intersections in Arizona by 30-20 percent. On the other hand, not all drivers are familiar with the procedures of the roundabouts.

University of Phoenix Campus, Tempe

The University of Pheonix Campus in Tempe is an area with the high amount of yearly accidents resulting in serious injuries or fatalities. The campus has bikers, joggers, walkers, and drivers, which adds to a need for extra precautionary measures. Some of them have been considered by the state of Arizona. Nearly 275,000 people are driving through the city, many of whom are easily distracted college students. Engineers in Pheonix are working hard to improve roadways that have become dangerous for pedestrian and drivers.


Use Reasonable Care 

Operating all type of vehicles, the driver must exercise “Reasonable care under the circumstances.” Failure to use reasonable care is considered negligence. The law of negligence usually governs legal claims from motor vehicle accidents. As with other types of accidents, usually, it’s the driver who was negligent and considered at fault in a traffic accident by the law.

Many factors are included in determining negligence, such as:

  •    Neglecting traffic signs or signals
  •    Disregarding weather or traffic conditions
  •    Ignoring the traffic signaling
  •    Violating the speed limit

Common Causes of Car Accidents

Driver error causes the vast majority of vehicle accidents on Arizona roadways.  Driver inattention is only one of many problems that plague people behind the wheel. Driver distraction has received increasing public awareness because of the rising number of crashes, particularly those affecting teens and younger people.

Drunk Driving

Another cause of too many car accidents is drunk driving. Ability to control your vehicle can be affected by substance abuse and alcohol consumption. When drunk driver realize that he is above the limit and that he should not get in the car that’s the type of rational behavior when car accidents are avoided altogether.

Driver Inattention

Includes any situation in which driver’s attention is pulled away from the task at hand. This can consist of changing the radio station, changing the GPS mode, easting, applying makeup, texting, reading or sending emails and talking on the phone. All of these can alter driver’s focus and cognitive focus and increase the chance of an accident.

Aggressive and Reckless Driving Increasingly

Aggressiveness during driver and reckless behavior are being noted in police reports and insurance claims for accidents. You can always notice people getting frustrated by traffic or the action of the other drivers, but actually, they are the ones that can compromise the safety for everyone. Ignoring road signals and traffic laws, speeding and cutting off other drivers and other types of reckless driving can increase the chance of a multi-car pileup. If you notice someone aggressive, you can pull your car and call the police. That way you are ensuring that reckless behavior won’t affect other drivers as well. On the other hand, if another driver’s aggressive behavior is a cause of your injuries, talking action quickly with the help of the lawyer is strongly recommended.

Determining Who is the fault for a Car Accident

People who operate vehicles must exercise “Reasonable care under the circumstances.” Failure to use reasonable care is considered negligence by the law. As for the other types of accidents, the driver at fault in a traffic accident is the one who was negligent. The court determines many factors in determining negligence, such as: Failing to signal while turning, disobeying traffic signs or signals, driving above or below the posted speed limit or disregarding weather or traffic condition.

Common Injuries

There are many injuries from minor to sever including Spinal Cord Damage, Whiplash, Broken Bones, Chronic Pain, etc. For many car accident victims in Arizona, the requirement to address their medical treatments often extend well into the future and can be expensive for a victim who was not at fault for an accident. This is why Schenk Podolsky Attorney at law have a perfect understanding of personal injury law and helps them to pursue personal injury claims.




Bicycle Accidents In Arizona

Rising fuel costs in the capitalist era have made bicycles more popular than ever. Also, the rise of eco-consciousness has brought more popularity to bike as transporting vehicle. But increasing number of bikes means an increasing number of accidents- and they often lead to disfigurement, injury, and death.

Bicycle accidents take place on all kind of roads, during any season or whether, under all conditions. Some conditions are more dangerous than others. Intersections are one of the most dangerous places for the cyclist because they can be struck by a vehicle that disregards the cyclist’s right-of-way.

Bike riding is an everyday activity in Arizona. During 2011. 1604 people were injured and 24 people killed.

When can cyclists make a claim

When motorist negligently strikes someone riding a bike, that bicyclist can make a claim against them for his/her damages, including medical bills, suffering, pain, disfigurement, lost wages and other losses caused by accident.

Biking injuries are often involving a motor vehicle because bikers have nearly nothing protecting them. We see injuries like multiple fractures, back & neck, physical wounds and severe head trauma. Sometimes, low impact collisions can cause serious damage.

Common Causes of Bike Accidents

The harsh reality is that your physical safety is at risk every time you get on a cycle. Drivers are not the only problem on the road. Serious contributors are also lack of signs, road shoulders and bike lanes.  Still, driver inattention is still the most common precursor to the collisions that injure bicycle riders.

Some of the following examples of driver negligence or wrongdoing that leads to a bicycle accident include :

  •    Distracted driving
  •    Driving under the influence of alcohol/drugs
  •    Bike lane intrusion
  •    Running a stop sign or red light
  •    Driving at high speed
  •    Making an unsafe turn or a dangerous lane change
  •    Entering the street from a parking spot or driveway

840 cyclist were killed in motor vehicle traffic crashes in the U.S in 2016.

Different types of cyclist accidents

We in Schenk Podolsky Attorneys at Law prepare our cases thoroughly. With our prepared litigators we are ready  to handle almost any type of bicycle accident, including, but not limited to:

  •    Hit and Run accident
  •    Sudden Stops
  •    Bike lane violations
  •    Drivers rolling through stops
  •    Bicycle manufacturer defects
  •    Dangerous road conditions
  •    Wrongful death

What to do when you are involved in a Cyclist Accident

If you are injured in a bicycle accident, you should call authorities right away, and let the police investigate the crash so the report can be filed. Police reports are useful in recording the names involved in the accidents, identifying witnesses, talking statements of the people at the scene and making crash diagrams. Most of the negligent drivers will often tell the truth to the police if you notify the authorities fast.

If you notify authorities later, defendants often have a chance to change their stories. If you are struck by a vehicle, we can submit a claim with the negligent defendant’s insurance company and start our consultations about future litigation.


Premises Liability

Premises liability is the legal principle in which accidents on some property hold owners of that property as mainly responsible at some level. This principle also stands for premises that can occur. Premises liability impacts businesses that own business property and hold them legally responsible for the safety of guests to that property.

There are products that insurance companies offer to a business people to help them cover premises liability risks.

Potential Incidents

If you are managing business out of your home or have a business property, those premises pose some level of potential for an accident. The scale and type of disaster depend on the property location and the nature of the business.  Owners must consider their property for injury prevention and safety.

Visitor Status

One of the significant role in determining your liability when the accident/injury occurs . on your premises is the status of the injured party upon entry. When a business opens its doors to customers, you are in the same way liable when the person is a guest. Third parties who come to your property for their purpose at the owner’s consent( your consent), are the owner’s responsibility, in some states.  Those people who enter the property without an invitation or permission pose the least burden of liability to the owner of the property. FindLaw notes that more states are holding property owners accountable for legal visitors, including guests, but not for illegal visitors.

Others Consideration

Other factors related to establishing safety environment are considered by the court when hearing cases on premise liability. Key Issue includes: Whether the property was being used as directed by the owner when the incident occurred, the “foreseeability” of the event by the owner, and whether the owner did enough to fix a dangerous condition or to warn visitors about potential dangers.  If there is a reason for children to be potential guests on your property, your protection should be adequately increased.

Coverage provided by insurance should assign to you experienced liability loss adjuster to assist you. Here in Schenk Podolsky Attorneys at Law, you can get valuable information and of course consultation about the next step.

Personal liability

This form of liability arises out of individual actions if you negligently cause another person to sustain an injury. For instance, you may be hitting some golfer with a tee shot, or maybe knock on the umbrella stand at your friends’ house. The key to this coverage is the concept of negligence, a non-intentional act that results in covered losses sustained by a third party. Standard personal liability insurance won’t cover Intentional violence, libel or slander.

Remember that liability insurance only covers your actions and premises that you occupy as a personal residence. If you buy and occupy the premises, you should discuss this with your insurance advisor.

Here at Schenk Podolsky Attorneys at Law, we can help you find insurance coverage that will protect you in the course of your work as well as the premises where you carry out your business.