Tag Archives: ped fatality

Phx PD Officer’s SUV hit by red-light runner

A Phoenix police officer was injured in a collision with red-light-runner at Sweetwater and 43rd Ave. The red-light-runner was described only as “elderly”. As a result of the collision, both vehicles careened out of control up and over the sidewalks, one striking a tree and another a wall. Although there were three fairly minor injuries, it appears serious injury (or fatality) was only avoided by a stroke of luck that no one was walking there. How often do cars drive up over the sidewalk?

 azcentral.com news report:
A car reportedly ran a red light and slammed into a Phoenix police SUV, leaving the officer and two others injured Thursday morning, according to authorities. The police SUV was heading east on Sweetwater Avenue about 9:30 a.m., said Lt. Ben Leuschner of the Phoenix Police Department. The car, with an elderly couple inside, was going south on 43rd Avenue. The car ran a red light and slammed into the police SUV, according to police. The car ended up hitting a wall and the police SUV was pushed off the side of the road. All three people had to be extricated from their vehicles. The officer’s injuries weren’t considered serious. The conditions of the people in the car weren’t immediately available.

I don’t know anything about that area of town, however, I will comment that Sweetwater looks like a nice calm road, whereas 43rd Ave is a standard city of Phoenix car-sewer.

Tragedies just keep on coming

… A few days later on May 19th, Phoenix police officer Daryl Raetz was killed while “processing a DUI suspect near 51st and Cambridge avenues when he was struck by a green Ford Expedition, which then fled the scene”. azcentral.com. The story doesn’t give much detail, i would assume from what was presented he was a pedestrian.

Continue reading Phx PD Officer’s SUV hit by red-light runner

2 peds killed, 1 hurt after pickup truck slams into bus stop

Two dead peds, plus one seriously injured while in the process of boarding a city bus. Seriously, how often does this happen?

Police suspect the driver, Raymond J. Barela, , who was going the wrong way, of being impaired. 2 killed, 1 hurt after pickup truck slams into bus stop. 3/26/2013.

“Of the fatalities, only one has been identified (at the time of the news story). That victim is 47-year-old Jesus Antonio Martinez Chavez.”

 

Driver gets 6 years in sidewalk killing

The driver involved with a sidewalk-killing-hit-and-run that spurred the victim’s father to get “Joey’s Law” enacted has been sentenced to 6 years prison plus some probation. “Police say (Laura) Flanders drove onto the sidewalk and hit 18-year-old Joey Romero while he was walking home from work in October 2010″ [abc15].  Seriously, how often does this happen? Continue reading Driver gets 6 years in sidewalk killing

Seriously, how often does this happen?

[ There was an Oct 2015 Court of Appeals ruling against Nissley ]

[ THE OUTCOME: Nissley trial began mid-August and was in Day 14 as of 9/13/2012 “Chester Flaxmayer is sworn and testifies” Case minutes. Some news coverage on the trial: Man using diabetes defense in trial; Man in pedestrian’s death was on meth, prosecutor says
The EIGHTEEN DAY trial wrapped up on 9/20/2012 (sounds mighty expensive!) The trial lawyer was Lawrence Kazan,   the lawyer whom AZRepublic columnist Laurie Roberts refers to as “the Valley’s go-to attorney for bad drivers – the ones who can afford him, that is”.
Verdict: guilty of manslaugther and several other ancillary charges. The jury also found aggravating factors for all the charges; one of them being he “used a dangerous instrument, his car, in the commission of a crime”.  Paradise Valley man who claimed diabetes in fatal crash guilty. ]


It’s an usually warm early November afternoon. You’re strolling down a lovely sidewalk in Paradise Valley, AZ when suddenly, BAM, you’re dead.

(see more and other Are Cars Dangerous? stories).

Head-on collision in Paradise Valley leaves pedestrian dead
by Lauren Worthington – Nov. 3, 2010 11:40 AM
The Arizona Republic

A pedestrian is dead and five people are in the hospital after a head-on collision in Paradise Valley. The pedestrian has been identified as [plastic surgeon and ‘top doc’]]Richard Pavese, 62, of Phoenix, police said Wednesday. About 5:45 p.m. Tuesday, Patrick Nissley, 25, of Paradise Valley was traveling north in the southbound lane of Invergordon Road near East Vista Drive when he struck the corner of a 2003 Lincoln Town Car. Nissley’s car, a white 2009 BMW, glanced off the Lincoln Town Car and drove over the sidewalk, hitting and killing a pedestrian, Paradise Valley police spokesman Alan Laitsch said. The driver of the Lincoln Town Car, Craig Lesman, 42, of Phoenix, and his passengers — a 61-year-old man and two women, ages 62 and 70 — were transported to Scottsdale Healthcare Osborn Medical Center and St. Joseph’s Hospital and Medical Center with non-life-threatening injuries. Nissley was transported to an area hospital in serious condition. The cause of the accident is under investigation. Continue reading Seriously, how often does this happen?

Do all Crashes “Count”?

sigh. File this under seriously how often does this happen, and ‘are cars dangerous’?

A man steps out the front door of his local CVS and gets mowed down on the sidewalk. Dead. One of the news reports said police believe the un-named female driver mixed up the gas and brake pedals. oops.

69-year-old man hit, killed by car in Sun City CVS parking lot

by Jane Lednovich – Jun. 27, 2012 10:07 AM The Arizona Republic-12 News Breaking News Team

A 69-year-old man was pronounced dead after he was struck by a car Wednesday morning in Sun City, a Sheriff’s Office official said.
The four-door sedan was making a U-turn in the parking lot of a CVS pharmacy near 107th Avenue and Bell Road about 8 a.m., authorities said.
The car drove onto the curb in front of the store and ran over the man, pinning him under the front wheel of the car, Maricopa County Sheriff’s spokesman Sgt. Brandon Jones said.
The sedan hit a parked car after striking the man, Jones said. Firefighters used airbags to lift the sedan and get the man out, but paramedics were unable to revive him, Jones said.
Witnesses told authorities the man was unresponsive while he was trapped under the car. It is unclear how long he was trapped. The CVS store is closed while officials investigate the scene, Jones said.

yourwestvalley.com has a picture showing the silver car that struck the ped at rest on the sidewalk; along with a red car that was also struck.

SUN CITY, AZ (CBS5) – A man has been killed after he was hit by a car while walking out a CVS pharmacy in Sun City, according to authorities. Sgt. Brandon Jones with the Maricopa County Sheriff’s Office said preliminary reports are that a woman driving a tan vehicle was heading eastbound in the parking lot Wednesday morning when she decided to make a U-Turn and accidentally hit the gas instead of the brakes, causing the car to accelerate. The vehicle ran over a 69-year-old man and hit a red car parked in the lot. Jones said officers found the man trapped under the tan vehicle about 20 feet from the front doors of the CVS. Once the man was pulled from under the vehicle, he was pronounced dead. The driver of the red car was not hurt. Jones said the driver of the tan vehicle has not been charged at this point. Investigators said they do not believe alcohol or drugs were a factor.

Reporting Motor Vehicle crashes

There are a bunch of rules about when traffic crashes must be reported. This bears on how collision and injuries get measured and reported for statistical purposes.

Arizona Statutes

There are statutes that spell out, at a minimum, what all law enforcement agencies in Arizona must report on, reports must be filed with “the Department” (i.e. ADOT). ADOT then collates and tablulates this data — see adot-traffic-collision-database. Somehow or other ADOT forwards this the feds for national statistical purposes, for example, in the case of fatalities see FARS.

ARS §28-667 Written accident report; definition says that any “law enforcement officer or public employee who, in the regular course of duty, investigates a motor vehicle accident resulting in bodily injury, death or damage to the property of any person in excess of one thousand dollars or the issuance of a citation shall complete a written report of the accident” (667A) and that the agency employing the officer  “Shall immediately forward a copy of the report to the department of transportation for its use” (667C5). Continue reading Do all Crashes “Count”?

Bad weekend in Scottsdale

Adot Incident 2609053 Update / FINAL on cyclist McCarty death: azcentral.com  The motorist who killed Shawn McCarty was fined a total of $420 (and the case is apparently closed). Regardless, It would appear that $420 is the “normal” fine schedule that anyone would pay. That would mean that the enhanced fine for 28-735 (section B) was exactly ZERO. How can that be? Would a judge or magistrate actually make that decision, or it is some sort of court “bug”?
§28-735B: “If a person violates this section and the violation results in a collision causing… Death to another person, the violater is subject to a civil penalty of up to one thousand dollars”. Here’s another one from a different jurisdiction, Green Valley, from a couple of years ago, again, as far as i see there was no enhanced penalty.
There are a series of stories by blogger Ray Stern of the PhoenixNewTimes; amy_alexander_case_of_killed_bpolice_reportPays $420 fineInattention Cops Say. In particular, the police report offers no explanation other than “inattention”; and a claim by police that cell phone use was not involved

Police tend to pay too much attention to the 3-foot law and not enough to Failure to keep proper lane, which would trigger a 28-672 charge; which should have been charged in this incident, according to the description of the collision, the motorist drifted between lanes  ]

Ped fatality Saturday, Cyclist fatality Sunday

(3/10 and 3/11). A handful of interesting points: each driver was cited within a day or two of the incident. In the case of the pedestrian mowed down in a crosswalk, the driver was also cited for 28-672 (causing death by violation) which is a criminal (albeit a minor misdemeanor) charge. In the case of the cyclist, according to blogs.phoenixnewtimes.com the driver was cited for violating the 3-foot rule (28-735) and driving in a bike lane (28-815D) [this can be looked up on the Scottsdale muni court: it is TR-2012006430 and the fine was $210 for each — the city apparently didn’t bother with the enhanced penalty for death, 735B]. The police aren’t letting on why the driver so distracted that she was driving in the bike lane (and yes, it’s a real, full-fledged, designated bike lane), other than to say the investigation is continuing. As I pointed out in double-jeopardy-and-flawed-logic it’s unusual (around Arizona) to issue any citations until the close of investigation and getting the go-ahead from a county prosecutor — apparently Scottsdale does things differently.

It is gratifying to see Scottsdale issuing the 28-672 charge when appropriate… I have no way to check this but it seems way under-utilized. In the end, though, it may be little more than a slap on the wrist, see e.g. this case where it seems to have merely amounted to a $200 fine — hardly a behavior-changing penalty. Last month, Scottsdale also charged a driver making a bad left with 28-672 which resulted in the death of a boy riding legally in the crosswalk (a la Maxwell v. Gossett).

Pedestrian: Judith May, 69 / driver: Frederick Matschull, 72; Case TR-2012006196

Cyclist: Shawn McCarty, 53 / driver: Amy Alexander, 40; Case TR-2012006430.

lookup Scottsdale Municipal Court records by case number at scottsdaleaz.gov.

Continue reading Bad weekend in Scottsdale

Couple killed while walking on sidewalk

From the never-ending Are Cars Dangerous? and Seriously, how often does this happen? files:

[Final result, seemingly inexplicably, the driver was never charged with any crime, and never issued and citation in connection with the incident]

Randy and Doris Bjerken, of Palmer, Alaska were in town visiting Randy’s dad… out for a stroll at 10AM on Mother’s Day when. BAM! An SUV jumps the curb and wipes them out.

Police say the driver, Andrew Whalen, 23, fell asleep during the May 8 incident and are recommending neg hom charges. Continue reading Couple killed while walking on sidewalk

Are Cars Dangerous?

Superhuman-sized objects moving at superhuman speeds are dangerous. Inherently. But who bears this danger? Motorist liability insurance is one supposed motivator; in theory motorists are supposed to bear the cost of the risks they are inflicting on others, but has many limitations (see e.g. The Disneyland Model). In reality this risk-spreading ends up socializing the costs of driving — paid for by others, subsidized, also called an externality. Thus we get more driving, because it is artificially cheap, and more traffic death and destruction.

It is worth pointing out to nervous cyclists that the large majority of traffic death and destruction is done by drivers of automobiles to other motorists (see, e.g. the chart here). This is to be expected, of course, since the large majority of traffic is motoring.

Here are a couple of  recent, local incidents… out of control “accidents” all —

Girl critically injured, was standing on the sidewalk, May 6, 2011: Deette Lynn Perry, 54, was arrested Friday after she was discharged from the hospital, where she had been admitted following the May 6 incident, Sgt. Steve Martos of the Phoenix Police Department said. Perry was in a 2004 Nissan Altima near Thomas Road and 23rd Avenue when she drove onto the sidewalk and struck a 17-year-old girl, Martos said. Police suspect Perry was impaired by drugs, Martos said. The girl suffered a fractured pelvis and severe head injuries, Martos said.

Another:

Tourist killed at Phoenix intersection The Arizona Republic, Glen Creno – Aug. 19, 2010

An Australian tourist crossing a Phoenix street was killed late Tuesday when a sport-utility vehicle slammed into him, authorities said Wednesday…The SUV was moving so fast the victim was dismembered by the impact. Witnesses told police the vehicle apparently ran a red light…Ramzy Khalil, 29, of New South Wales, Continue reading Are Cars Dangerous?

Nevada High Court Says Pharmacies Can’t Be Sued for Death

This story about who can and can’t be sued in the case of wrongful death is interesting to those who follow such matters; Nevada High Court Says Pharmacies Can’t Be Sued for Death, WSJ 12/26/2009.

I was more interested in a habitual prescription drug abuser who killed this guy and served a whopping 9-months. 9-months!  She killed one guy and seriously injured another according to the article.

“…Ms. Copening was driving a Dodge Durango when she hit two delivery men who were standing on the shoulder of a highway, killing one and severely injuring the other. In Ms. Copening’s car, police found prescription bottles and loose pills. Police reports said she appeared confused, and a blood test detected the painkiller hydrocodone. Ms. Copening pleaded guilty to two counts of reckless driving and served nine months in jail”