“Violation of a statute enacted for the public safety is negligence per se,Anderson v. Morgan, 73 Ariz. 344, 241 P.2d 786 (1952), and when this theory is supported by the evidence, [a party] is entitled to have a properly worded instruction on this issue read to the jury. Of course, a violation of the statutory duty must be also a proximate cause of the injury to constitute actionable negligence. Caldwell v. Tremper, 90 Ariz. 241, 367 P.2d 266 (1961).” 91 Ariz. at 242, 371 P.2d at 595-96.
Tom Vanderbuilt’s latest Slate column discusses jaywalking and why its enforcement is really just pro-car bias, and not the danger to pedestrians that is claimed. Tom is the author of Traffic:Why We Drive the Way We Do (and What It Says About Us), and blogs at howwedrive.com. Continue reading Jaywalking in Arizona
“When it comes to brake lights, one is enough, at least according to the state Court of Appeals. In a unanimous decision Friday, the judges threw out the drunk driving conviction of Aaron Fikes.” — verdenews.com Weird, i’m not seeing anyone like Arizona Republic covering it; at least according to a search… I heard a short mention of it on KJZZ news.
Since the case was out of Tucson, it would have been heard in the Arizona Court of Appeals, Division Two. And sure enough, it popped right up under recent cases: STATE OF ARIZONA v. AARON RAYMOND FIKES CR20110124. Note that the driver was up on serious charges, aggravated (indicating other/previous problems; such as previous simple dui convictions, or suspension, or driving dui with a minor in the vehicle) DUI, and driving on a suspended license, for which he was sentenced to 4 months in jail and 3 years of probation.
In short, the conviction was tossed because the traffic stop was found to be without just cause, and therefore the evidence that the driver was DUI should have been supressed. The State Attorney General’s office vows appeal to Arizona Supreme Court. Continue reading DUI Brake Light Conviction tossed
North Carolina bicycling attorney Ann Groninger wrote an interesting paper entitled Litigating Bicycle Crash Cases. Continue reading Torts Made Perfect: Litigating Bicycle Crash Cases
Join me, if you will, in the way-back machine to look at how we’ve got the laws we now all take for granted.
Trained, informed, safety-conscious cyclists have known, at least for decades, that separated sidepaths have significant safety drawbacks, e.g.: Continue reading Floor notes, legislative intent, and bicycle law
Cycling on the sidewalk is generally far more dangerous than doing so properly in the roadway. All stats and studies that I am aware of reinforce this fact. For example, in the city of Phoenix’s 2007 Bicycle Collision Summary in the majority of the bike-motor vehicle collisions the cyclist was riding on the sidewalk just before the collision. (308 of 440 total collisions = 70%); and these numbers are pretty consistent, in the previous 2005 summary, it was 72%.
As we all know, bicyclists must follow the same rules as other vehicle drivers; but from time to time one hears of a story such as this one: Continue reading Bicycles aren’t vehicles
*** a third win, see Another Appellate win for bicyclists in Pima County. Here is the order. ***
Educated cyclists know that they not only can (legally), but should (for safety) occupy an entire lane when conditions dictate. One of these conditions is when the lane is too narrow to safely share side-by-side. See more on the safety discussion at Where to ride on the road.
Arizona law is quite strong and plain in this regard. Continue reading Take the lane
[update sometime in 2012(? in any event, well after this ticket and trial) the deputy who wrote this citation was relieved of duty with the CCSO, he apparently had some truthfullness and other job-performance issues]
A Flagstaff cyclist was ticketed for violating ARS 28-704A by a
Yavapi County Sheriff’s deputy. The deputy was apparently upset that a cyclist was impeding traffic, that is blocking a lane — seeing as how there was a perfectly good bike lane available. Continue reading Judge to cyclist: ride in the gutter pan