What to Do After a Bicycle Accident

No matter how carefully you ride your bike, a bicycle accident may inevitably happen. There are more bicyclists on the roads than ever before, and that means there is more potential for bicycle accidents. Since 2000, the number of people riding their bikes to work increased by 60%.

Manycities have taken action to increase safety for bicyclists, including developingdesignated bike lanes and providing public safety information. Many othercities have not taken these steps, however, and bicycle-related accidents continueto be a problem.

Cycling in the Old Pueblo

Lastyear Bicycling magazine compiled a list of the “Best Bike Cities inAmerica;” Tucson ranked 24th out of 50 cities. The editors citedTucson’s extensive network of off-street bike paths and Tucson’s Bicycle Boulevard Master Plan, which aims to develop 193 miles of bicycleboulevards in the city, as  positives. Theynoted that Tucson’s high fatality rate for bicyclists (six deaths per 10,000riders) prevented them from ranking the Old Pueblo higher.

Inspite of Tucson’s commitment to making the streets safer for cyclists, Tucsonhas nearly the highest rate of accidents involving bicycles in the US. In 2017 Forbes magazine dubbed Tucson the second most dangerous city for ridinga bicycle.

Bothdrivers and bicyclists should be aware of some of the most frequent causes of bicycle accidents. These include distracted driving (bothdriver and bicyclist), failure to yield to a bicycle, dangerous roadconditions, and riding at night.

Bicycle Safety

Mayis National Bike Month, where cyclists celebrate the many benefits ofbicycling. But first and foremost, safe cycling is the priority for young and old.

Tohelp keep riders safe, Pima County offers bicycle safety classes that include Traffic Skills 101 and a bicyclemechanics class. Riders can also learn about the Pima County Bike Buddy Program that teams experienced riders with novicecyclists. The safety classes may include free bike safety items such as lights,helmets, and locks. 

Thetop bicycle safety tip promoted by the National Highway TrafficSafety Association is to wear a helmet. Riders and parents with young childrenshould also ensure that helmets fit properly, because an ill-fitting helmet mayoffer little to no protection in the event of a fall or a collision.

NHTSA’sbicycle safety initiatives provide the following tips for safe cycling:

Tips if You Get In a Bike Accident

Even if you’recareful, you may find yourself involved in a bicycle accident. If injured, youshould know what to do in the aftermath. Consumer Reports provides some tips to help you know what todo in the event of a crash.

  • Move off the road and assess your injuries. Theshock of the crash may mask what you feel at the scene; injuries may revealthemselves once the shock wears off.
  • Either you or someone at the scene (if you areunable to do so) should get information from the driver of the vehicle,including their phone number, information about their car, license plate, andinsurance information.
  • It is a good idea to take a picture of thelicense plate and the driver’s insurance card. Also get names and contactinformation from any witnesses at the scene.
  • Call 911 to report the crash. If you areinjured, the police should come to the scene and prepare an incident report. Askthe driver to stay at the scene until police arrive.
  • At this point you may not know the extent ofyour injuries and damages, so avoid accepting any offers of compensation fromthe driver.
  • Make sure you write down the details of thecrash for yourself so you can remember exactly what happened.
  • Depending on your injuries you may not need tobe transported by ambulance, but it is important to get yourself checked assoon as possible. Even if you don’t feel injured at the moment, it is always agood idea to get medical attention.
  • Likewise, get your bike inspected to make surethere isn’t any hiddendamage that could crop up later.
  • Talk to an attorney before making any statementto the insurance company, especially if you’re injured.
  • Finally, read more tips to keep safewhen riding a bicycle.

If you have been injured in abicycle accident, consult the experienced bicycle injury attorneys at HollingsworthKelly.

Pedestrian Accidents Increase in Arizona

Pedestrianaccidents causing serious injury or death have seen a dramatic increase in Arizona.In Tucson, a 17-year-old Cholla High School student walking to school lastmonth was tragically killed by a speeding motorist as she tried to cross a busywestside street. In January, two pedestrians were killed while attempting tocross local streets. One was a man who was struck by an SUV as he crossed aneastside street. The other was a young man who was celebrating his birthday justafter the new year and was hit by a truck as he crossed a dark road on thenorthwest side of town.

When apedestrian is killed it is a devastating loss for the victim’s loved ones and friends,but it’s also tragic for the at-fault motorist who will have to live the restof his life knowing he was responsible for someone’s death.

According tothe ArizonaGovernor’s Office of Highway Safety, fatalities in Arizona increased morethan 40 percent in a four-year period, with 228 pedestrian fatalities in 2017compared with 160 in 2013.

The GovernorsHighway Safety Association released a report last year showing pedestriandeaths at levels not seen in decades. Arizona was one of four states that experiencedalmost half of all pedestrian deaths, and was ranked firstin the nation in pedestrian fatalities. In Tucson there were 28pedestrian deaths in 2018, up from 24 in 2017 and 12in 2016.

Factors Contributing to PedestrianAccidents

The ArizonaGovernor’s Office of Highway Safety is working with local and national officialsto determine the causes of the increase in pedestrian traffic deaths and tocreate awareness across the state about precautions both motorists andpedestrians should take when on the road.

Severalfactors have been identified as contributing to the increase in pedestrianaccidents. A major one is distracteddriving, particularly with the rise of cell phone use. Drivers who arepaying attention to their cell phones aren’t paying enough attention to theroad, or to pedestrians crossing in front of them.

We know thatdistracted driving is dangerous, but so is distracted walking. Texting, talkingon your phone, checking e-mail, and playing games on a cell phone are dangerousdistractions that pedestrians may not realize put them in danger, especiallywhen attempting to cross a street.

The rise inpedestrian deaths has also coincided with the popularity of SUVs. Their largersize, heavier weight, and higher clearance makes it more likely that hitting apedestrian will have deadly consequences.

Pedestrians not crossing at an intersection, wearing dark clothes at night, orbeing under the influence of drugs or alcohol puts them at increased risk ofbeing hit by a car.

For drivers,speeding, being impaired by drugs or alcohol, making a right or left turnwithout checking for pedestrians, and not respecting crosswalks are preventablebehaviors that can reduce pedestrian deaths.

Pedestrian Safety in Tucson

Tucson cityofficials have been working to make local streets safer for pedestrians. Tucsoninstalled High-Intensity Activated Crosswalk (HAWK) signals to help citizenscross streets more safely. A pedestrian who wants to cross a street activatesthe signal, which changes from yellow to red to alert traffic to stop.

Tucson installedthe first HAWK signal in 2000. Since then, they have been 90 percenteffective in making drivers aware of pedestrians preparing to cross a roadway.Currently Tucson has more than 100 HAWK signals, and the city recently receiveda grant from the Federal Highway Administration to install six more.

Avoiding Pedestrian Traffic Accidents

Both driversand pedestrians can take steps to preventpedestrian accidents. Drivers in Arizona must yield the right-of-way topedestrians, whether they are in a marked or unmarked crosswalk.  All intersections on public roads havecrosswalks. If they are not marked, they are designated by an “imaginary” linewhere the sidewalk or edge of the roadway crosses the street.

Drivers arealso required by law to exercise duecare to avoid striking a pedestrian. Here are tips to help motorists sharethe road safely with pedestrians:

  • Use your turn signal to let pedestrians knowwhen you are changing lanes or turning at an intersection.
  • Be aware of pedestrians near the roadway; be particularlyaware of the presence of children or anyone who seems incapacitated or confusedas they may suddenly dart in front of traffic.
  • Make sure you slow down when pedestrians arenearby, as the chances of serious injury or death increase with speed. While apedestrian hit at 20 mph has a chance of survival of 95 percent, those odds decreaseto 16 percent at 40 mph. 
  • It is against the law to pass a school bus withflashing lights and an extended stop sign, so you must always stop. Even if thelights are not flashing, watch out for children around the bus, who may dartinto traffic without notice.
  • Pay attention to the road when driving. Don’t bedistracted by activities such as checking a cellphone or texting while driving. 

Pedestrians should also exercise caution when walking alonga roadway or crossing a street. When crossing a road anywhere other than at amarked or unmarked crosswalk, a pedestrian must yield the right-of-way tovehicles. The following tips will help you stay safe when walking on or near aroadway:

  • Always make sure that you can see traffic.
  • If crossing a street or roadway, try to cross ata location that gives you the best view of traffic and where drivers can bestsee you.
  • Don’t assume that drivers will always stop, evenif you are at a crosswalk. Make sure everyone is stopped before you step ontothe road. Be particularly aware of turning vehicles, as they may be looking atoncoming traffic and may not see you.
  • Make sure you are visible. Walk toward trafficand wear bright or reflective clothes at night.
  • When walking in a rural area, walk as far offthe roadway as possible.
  • Stay alert when crossing a street. Don’t useheadphones, cell phones or anything that may distract you from safely crossingthe street.

Being alerton the road, both as drivers and pedestrians, can save lives.

Driving and Cell Phones Are a Deadly Combination

Injuries and deaths due to distracted driving—primarily from the use of cell phones—are increasing. Driving and cell phones are a deadly combination.

A study of driving and cell phone use in 2017 found that almost 90 percent of drivers reported using their cell phones while operating a vehicle. The study also found that drivers spent more than three minutes per hour on their phones, a distraction that significantly increased their chances of having a car accident.

The National Highway Traffic Safety Administration (NHTSA) reported that distracted driving caused 391,000 injuries from motor vehicle accidents in 2015, and 3,450 deaths in 2016. Of these fatal crashes, 14 percent involved the use of a cell phone.

Cell phone use is often under-reported in accident statistics, however. NHTSA’s Fatality Analysis Reporting System Encyclopedia tracks the causes of motor vehicle accidents. Their information relies on drivers or accident witnesses reporting cell phone use. According to a report from the National Safety Council, “Crashes Involving Cell Phones: Challenges of Collecting and Reporting Reliable Crash Data,” police may not report cell phone use if another violation contributed to the accident. For example, the police report may say that the driver failed to stay in the proper lane, but they may not report that it was due to cell phone use. It may be years before we know the true picture of how many injuries and deaths are caused by distracted drivers, particularly those involving cell phones.

Anything that takes a driver’s eyes or attention off the road is potentially an accident waiting to happen. As a result, many cities and states have passed laws to ban texting and driving.

Tucson ban on cellphones and driving

The Tucson City Council voted last year to regulate the use of cell phones and portable electronic devices while driving. The Council passed a hands-free ordinance making the use of handheld electronic devices while driving a primary offense, which means that police officers can pull over drivers they see or suspect are using a cellphone. The mere fact that a driver is holding a cell phone in his or her hand is an infraction.

A previous law stated that drivers could only be cited for cell phone use if the officer had pulled them over for another reason. A similar law has been in effect in Pima County since 2017.

The change is designed to prevent distractions from texting and using phones for other purposes, such as social media, while operating a vehicle. Under the new law, drivers are permitted to use a hands-free device. Drivers cannot use a device that is not hands-free while driving or while stopped on a street or highway (such as at a stop light or sign).

Ticketing for this offense started in late March. A first-time violator can be fined $50, although if there is an accident the fine will be a minimum of $250.

Arizona—only one of 3 states with no texting ban

Arizona is currently one of only three states that does not have a law that bans texting while driving. In 2016, AT&T analyzed data from a campaign called It Can Wait and found that texting bans are working—states with texting bans have far lower rates of texting while driving. This means fewer drivers in the 47 states that ban texting and driving are putting themselves or others at risk for accidental injury or death.

Last year the Arizona Senate considered a law to ban texting while driving. Although the bill that was put forward by committee was not passed, in July Governor Doug Ducey signed into law a bill that prohibits teenagers from texting while driving when they have a learner’s permit, and within the first six months of getting their driver’s license.

Reduce your risk from distracted driving

You can’t control what others do, but you can reduce your chances of injury from an accident by not using your cell phone at all when you’re driving. According to the National Safety Council, drivers having a phone conversation may miss up to 50 percent of what’s going on around them even when using a hands-free device. Texting is even more of a distraction. A driver’s eyes will be off the road for an average of 4.6 seconds while texting, which at 55 mph means the car can travel the length of a football field without the driver paying attention.

If you are walking or bicycling, it is just as important that you stay focused on your surroundings rather than your electronic device.

Remember also to use your seat belt to reduce your risk if you are involved in an accident.

Wrong-Way Crashes Cause Serious Injury and Death

Each year an average of 360 people nationwide are killed in wrong-way crashes, according to a report by the National Transportation Safety Board (NTSB). The report states that although collisions involving wrong-way drivers only account for about three percent of accidents, wrong-way crashes cause serious injury and death because these are usually head-on crashes.

Several decades of research shows that wrong-way crashes have higher rates of fatalities than other types of accidents. In addition, data from 2004 to 2009 showed that 60 percent of fatal wrong-way crashes likely involved impairment by alcohol.

In Arizona, the number of cases of drivers going the wrong way increased more than eight percent between 2016 and 2017, with over 1,700 reported wrong-way incidents in 2017. That year, wrong way drivers caused 54 accidents, with 18 fatalities.

Arizona Takes Action Against Wrong-Way Driving

The state has been taking measures to reduce wrong-way driving. In the fall of 2017, the Arizona Department of Transportation (ADOT) installed a thermal detection system in Phoenix.

The system uses cameras at exit ramps and along the interstate. When a camera spots a vehicle traveling the wrong way, it sends an alert to ADOT, which then sends messages to highway alert boards to warn drivers of the danger. If the system detects a wrong-way driver at an off-ramp, it activates a flashing red sign to alert the wrong-way driver.

In any case, the system also notifies law enforcement, who can then travel to the scene. As of mid-June, this technology had detected more than 12 wrong-way drivers.

The state has also installed hundreds of larger “Do Not Enter” and “Wrong Way” signs throughout Arizona.

As part of Arizona’s effort to address the wrong-way driving problem, Governor Doug Ducey signed a law last year that imposes tougher penalties for motorists caught driving the wrong way. Wrong-way drivers in Arizona who are found to be under the influence of drugs or alcohol will now face felony charges, including a possible four months to 2½ years in prison. Anyone stopped for wrong-way driving will be fined $500 and will be required to attend traffic school.

“Drive Aware Get There” Safety Campaign

ADOT’S Drive Aware Get There safety campaign was launched to reduce wrong-way driving and help motorists learn what can they can do to protect themselves from a wrong-way driver.

Because research shows most wrong-way drivers are impaired, driving defensively is key to preventing a tragic encounter. Motorists are advised to avoid distractions while driving and to focus on their surroundings, including what is far ahead on the road, giving them a chance to spot any erratic driving and take action before it becomes an issue.

ADOT advises that if you are on a two-lane road, stay away from the center line to accommodate oncoming cars that may be closer to the center line. If you see a vehicle coming towards you, get to the side of the road and call 911. If you are on a highway, try to stay in the right lane, as wrong-way drivers are more likely to be in the far left lane or in the carpool lane.

If you see that a wrong-way driver is coming towards you, ADOT recommends you slow by easing your foot off the gas and try to steer away from the wrong-way driver. Again, if you can, get off the road and call 911.

Of all vehicle accidents, head-on collisions have the greatest potential to cause serious injuries and fatalities. Although Arizona is taking steps to reduce the chances of wrong-way driving, you can do your part to keep yourself and others safe by being alert, wearing your seat belt, not driving while impaired, and avoiding distractions while driving.

Ignoring Auto Recalls May Put You at Risk for Car Accidents

When a class of vehicles presents a safety hazard that increases the risk for car accidents and serious injury, the manufacturer may recall the vehicles to correct the unsafe issues. Automakers are required to fix defects by repairing or replacing the defective part, offering a refund, or very rarely by repurchasing the vehicle.

Since the beginning of the year, several automakers have issued recalls to fix or replace defects that could have serious safety risks for drivers and their passengers. The National Highway Traffic Safety Administration (NHTSA) provides monthly reports of vehicles that have been recalled, along with the safety issues that need to be addressed. It’s important to know if your vehicle has been recalled—doing so can help you avoid an accident or serious injury.

How to Check if Your Car is Part of an Active Safety Recall

If you registered your vehicle when you bought it, the manufacturer will mail a notice to alert you it has been recalled. It’s important to keep your vehicle registration updated so you can receive these notifications.

You can sign up with NHTSA to receive e-mail notifications for a vehicle’s specific make and model. You can also check a car’s recall record by entering its VIN number at safercar.gov.

Follow the safety guidance and instructions from the manufacturer if you find that your vehicle has been recalled. In some cases, the defect may pose such a serious safety risk that you will be advised not to drive the vehicle. Do not drive warnings were issued earlier this year when Ford recalled certain 2006 Ford Ranger trucks and Mazda recalled 2006 B-series trucks due to the danger presented by Takata airbags. Although other automakers have also recalled vehicles to fix this airbag issue, Ford and Mazda requested that owners not drive these vehicles until they are repaired, fearing catastrophic injuries.

In another case, Fiat Chrysler recalled more than 4.8 million vehicles in the U.S. to fix an issue that could leave drivers unable to turn off cruise control. Affected vehicles were from the 2014 to 2019 model years and included Jeep (Cherokee, Grand Cherokee, Wrangler), Dodge (Charger, Challenger, Journey, Durango), Chrysler (Chrysler 200, Chrysler 300, Chrysler Pacifica), and Ram (Ram pickups—1500, 2500 and 3500; Ram cab chassis trucks—500/4500/5500). Fiat Chrysler strongly advised drivers to avoid using cruise control until the repairs are made.

In addition to these recalls, this year Hyundai, Honda, Toyota, Kia, Nissan, Mitsubishi, Volkswagen, and General Motors (among others), have also issued recalls to fix a variety of safety issues that could increase the risk of crash or injury. Examples of these recalls include a possible electrical short in the anti-lock brake module due to entry of water, which could lead to an engine fire with risk of injury (Hyundai); possible crack in the drive belt automatic tensioner flange, which could lead to engine stall and crash (Mitsubishi); inaccurate tire information label that could result in overloading and increasing crash risk (Toyota); improper tempering of window glass, which, if broken, could cause the glass to break into large pieces and cause injury (General Motors).

It will cost you nothing to get the work done on your vehicle if it has been recalled. You should call your local dealership as soon as possible if you find that your vehicle has been recalled. Neglecting to do so may put you, your passengers, or other drivers at risk of serious, catastrophic personal injury in the event of a car accident.

Do Self-driving Cars Really Mean Fewer Auto Accidents?

Self-driving cars have been making their way onto streets and highways for a few years now, and the technology continues to improve. While they may hold the promise of fewer auto accidents due to human error, they aren’t yet error-free.

Several cases of injuries or deaths involving self-driving vehicles have been in the news, including the incident of a pedestrian killed in Tempe, Arizona in March 2018 by a self-driving Uber. This was the first known traffic fatality involving a pedestrian and a self-driving car. The car was in self-driving mode and had a human safety driver in place. A preliminary report on the accident showed that the car recognized the need to brake when the victim was spotted on the roadway. However, the emergency braking system had been disabled to allow the human safety operator in the vehicle to brake when necessary. Unfortunately, the human operator had been distracted watching a show on her mobile electronic device and did not see the pedestrian. According to the report, the system did not alert the human operator to the need to brake.

Following this fatal accident, Uber suspended testing of its self-driving vehicles in several states. Arizona governor Doug Ducey then suspended Uber from continuing to test its vehicles in Arizona. By the end of May, Uber announced that it would no longer test its self-driving vehicles in Arizona at all.

Arizona had been particularly keen to attract self-driving car companies to the state. Governor Ducey issued an executive order in 2015 promising little in the way of regulations for companies wanting to test their self-driving vehicles in the state. Dozens of companies flocked to Arizona to take advantage of the permissive and regulation-free atmosphere.

Several companies, including Uber, GM, Ford, Waymo, Tesla, and others are developing and testing self-driving cars. These companies vary widely in the level of development, including the number of miles they are able to drive without requiring human drivers to take control.

Some states, such as California, require manufacturers of self-driving cars to report incidents in which human drivers have to take control (also called an “intervention”). One site reported that in California, Waymo cars traveled approximately 5600 miles without human drivers taking control or intervening. General Motors reported one intervention approximately every 1250 miles. Unlike California, Arizona does not require manufacturers who are testing self-driving cars to report incidents in which human drivers take control. The New York Times, however, was able to determine that Uber was barely meeting its target in Arizona of just 13 miles per intervention as of March 2018.

As of March 2018, there were an estimated 600 driverless cars on the road in Arizona. Waymo was testing cars with an operator in the vehicle, but not behind the wheel, as of November 2017. Arizona still doesn’t require companies to report accidents involving self-driving vehicles, so it’s difficult to determine a total number for how many injury and non-fatal accidents have involved a self-driving vehicle in the state.

Are we allowing these vehicles on public roads before all the issues that could affect public safety have been worked out? As the recent unfortunate accident involving the pedestrian in Tempe shows, even cars with a human safety driver aren’t yet infallible. In addition, there are numerous other factors to consider, including insurance, reporting requirements, and liability issues. As the LA Times pointed out, self-driving cars are here, but are we, and our social and legal structures, ready for them?